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HomeMy WebLinkAboutResolution - 1731 - Partial Release-Street Improvements-Abutting Property Frankford Ave 19Th To 34Th - 06/28/1984RESOLUTION 1731 - 6/28/84 JWF:da RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That the Mayor of the City of Lubbock is hereby authorized and directed to execute a partial release of certain abutting properties from any lien or cloud of title which could have been created by the filing of Resolution No. 1616 of the City of Lubbock in the deed of trust records of Lubbock County, Texas by reason of the fact that such abutting property will not be assessed for street improvements on Frankford Avenue because there has been a prepaid deposit for street improvements or such abutting "property lies below the High Water Mark of Lake No. 41. SECTION 2. A copy of said release is annexed hereto. Passed this 28th day of June , 1984. _ RY, OR ATTEST: City Secretary -Treasurer APPROVED AS TO CONTENT: �arryy Hert6l, Engineering epar ment APPROVED AS TO FORM: Vr V,74 - k _P� . r h Ful ingim, Assistant C' y Att r ey Y fiETURN TO LARRY HERTEL ENGR. DEPT. CITY UALL KtCOOED INDEXES COMPAR=E PARTIAL RELEASE STATE OF TEXAS § COUNTY OF LUBBOCK § RESOLUTION 1731 - 6/28/84 VOL 1007 m r) Whereas, Resolution No. 1616 of the City of Lubbock ordered proposed street improvements on Frankford Avenue from 19th Street to 34th Street, which Resolution was passed on March 22, 1984, and was recorded in Volume 8849 pages 155-157 (inclusive) of the Deed of Trust Records of Lubbock County, Texas; and, Whereas, the City of Lubbock does not desire to assess a portion of the abutting property lying parallel to such improve- ments by reason of the fact that there has been a prepaid deposit made with respect to such abutting property or such abutting property lies below the high water mark of Lake No. 41; and, Whereas, the City of Lubbock now desires to release such portions of abutting property from any lien or cloud of title which may or could have been created by the filing of record of said Resolution No. 1616 in the Deed of Trust Records of Lubbock County, Texas, as aforesaid; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the premises as set forth in the preamble hereof, the City of Lubbock hereby releases the following described abutting properties from any lien or cloud of title which may or could have been created by the passage and recordation of said Resolution No. 1616 in Volume 8849 Pages 155-157 (inclusive) of the Deed of Trust Records of Lubbock County, Texas, by reason of the fact that there has been a prepaid deposit made for such street improvements as regards portions of such abutting property or portions of such abutting property lies below the high water mark of Lake No. 41 as set forth below, to -wit: (1) No Assessment - Prepaid Paving a. Lots 27 and 1-A, Marycal Addition to the City of Lubbock, Lubbock County, Texas. b. Tracts "A" & "I", Frankford Terrace Addition to the City of Lubbock, Lubbock County, Texas. C. Lots 1 and 71 Summer Place Addition to the City of Lubbock, Lubbock County, Texas. d. Tract "T", Greenlawn Addition to the City of Lubbock, Lubbock County, Texas. (2) No Assessment - Below High Water of Lake No. 41 a. Beginning at a point which bears 2620.00 feet North and 40.00 feet East from_t,he Southwest corner of Section 5, Block E2, Lubbock County, Texas; THENCE South a distance of 1975.91 feet to a point; THENCE East a distance of 150.00 feet to a point; THENCE North a distance of 1975.91 feet to a point in the South right of way line of 26th Street; THENCE West along the South right of way line of 26th Street, a distance of 150.00 feet to the Point of Beginning. y b. Beginning at a 1/2 inch iron rod set in the East right of way line of Frankford Avenue which bears North 1017.29 feet and West 40.00 feet from the Southeast corner of Section 44, Block AK, Lubbock County, Texas; THENCE North 30 degrees West a distance of 294.12 feet to a 1/2 inch iron rod set on a point of curvature; THENCE Northwesterly around a curve to the right, said curve having a radius of 402.58 feet, a central angle of 30 degrees, tangent lengths of 107.87 feet, and a chord distance of 208.39 feet to a set 1/2 inch iron rod; THENCE North a distance of 433.32 feet to a 1/2 inch iron rod set on a point of curvature; THENCE Northeasterly around a curve to the right, said curve having a radius of 402.58 feet, a central angle of 30 degrees, tangent lengths of 107.87 feet, and a chord distance of 208.39 feet to a found 1/2 inch square tube; THENCE North 30 degrees East a distance of 294.11 feet to a 1/2 inch square tube found in the East right of way line of Frankford Avenue; THENCE South a distance of 1345.23 feet to the Point of Beginning. Any liens or interests of the City of Lubbock which are not specifically hereinabove released by the City of Lubbock with respect to the passage and recordation of said Resolution No. 1616 are hereby expressly retained by the City of Lubbock. Executed this 28th day of -ATTEST - _ sed ity.Secretary-Treasurer June , 1984. APPROVED AS TO CONTENT: L"Iftry Hertel, Engineering bepartment APPROVP AS TO FORM: c f1c IL rth Fullingim, Assista t Ci Attorney VOL 1907 PAU 317 . • • vat 29071, THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared ALAN HENRY, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed and in the capacity therein stated. Int N UNDER MY HAND AND SEAL OF OFFICE this day of 1984. Sed Notary Public, Lubbock County, Texas o I - Aft 6f ftXA§ -, COUNTY OF LUBBOCK ;'-ILEV /'l �,� r., n yi � I hereby certify that this instrument was FILED on the dote and of the time stamped hereon by me and was duly RECORDD in the Volume end Page of the RECORDS of Lubbock County, Teras as stamped hereon by me. 4 JUR 9 AID: 30 JUL 9 1984 COUhTYCLERK, LUBBOCK COUNTY, y�\o TEXAS �� COUNTYCLERK LUBBOCK COUNTY, TEXAS