HomeMy WebLinkAboutResolution - 952 - Release Of Lien - J.P. & Burtie Shannon - Lot 7 Block 6 Moore-Elliston Addition - 10/22/1981JCR:cl
RESOLUTION
RESOLUTION 952 - 10/22/81
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Release of Lien
to J.F. Shannon and Burtie Shannon, releasing Volume 129 Page 601 of the Me-
chanics Lien Records of Lubbock County, Texas, attached herewith which shall be
spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 22nd day of October ,1981.
w
BrM McALISTER, MAYOR
ATTEST:
'Evelyn Ga fga, City ry-Treasurer
APPROVED AS TO CONTENT:
Robert Masseng le, FinancyOrDirector
APPROVED AS TO FORM:
ohn'C. Ross, Jr., City Attorney
T: -:,r. STATE OF TEXAS § RESOLUTION 952 - 10/22/81
�OLTi�TY OF L'JBBOCh
KNOW ALL MEN BY THESE PRESENTS:
§
WHEREAS, on the 22nd day of March , A.D., 19 65 � the City
of Lubbock, a Home Rule Municipality of the County of
Lubbock , State of Texas, did execute, acknowledge and deliver
to the City of Lubbock, Texas a certain contractual agreement and lien upon
and against certain. real property and improvements, if any, thereon for sewer
pro rata described as follows, to -wit:
Lot 7, Block 6, Moore -Elliston Addition, which is more particularly
described as 3612 3rd Street, Lubbock, Texas.
Which said agreement and lien of record is of record in Volume 129 , on
page 601 , of the Mechanics Lien Records of Lubbock County, Texas, to which
instrument reference is here made; and
WHEREAS, said debt, lien and obligations secured thereby have been fully
paid off and satisfied to the said City of Lubbock, Texas, the legal and
equitable holder and ou-ner of such debt, obligation and lien:
NOW THrREFORr:
.In consideration of 'the premises, of the payment of such debt and obli=
€«ions, and other good and valuable cash consideration,. the receipt of which
is hereby acknowledged, the City of Lubbock, a Home Rule Municipal Corporation
of Lubbock County, Texas, has this day, and do by these presents, RELEASE,
DISCh .kGE, and QUITCLAIM unto the said J.F. Shannon
and Burtie Shannon, their heirs (successors) and assigns, the
contractual lien heretofore existing upon the above described premises under
and by virtue of the above described instrument, and declare such lien fully
released and cancelled.
EXECUTED this 22nd day of October
ATTEST:
Evelyn G ffga, Ci c etary-
Treasurer
19 81
THE CITY OF LUB CK, TEXAS
r
BY:
•ia or
APP OVED ASSkoiw '}�TO ORM:
Ill. uftl�v
Susan M. Horton
Assistant City Attorney
D:
•e'/iT/
Charles Northi gton
Chief Accountan
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE :IE, the undersigned authority, a Notary Public in and for Lubbock
County, Texas, on this day personally appeared BILL McAlister known
to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein statedWday
VEN U-NDER MY HAND AND SEAL OF OFFICE, this C, of
19 '
Notary Public, Lubbock County, Tcxas
MV commission expires �ZEA/
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THE STATE P.F TEXAS 4 KNOW ALL'MEN/BY THESE PRESENTS:
COUNTY OF LUBBOCK 4
This application and agreement made an entered into by and between
n.tl�n�f1�T ART RiTRTTF. SHItdKON herein. called "Applicant"
J Texas, a Home Rule Municipality,
whether one or more, and the City of Lubbock, 1965_
herein called "City" this 15 day of MARCH
WITNESSETH:
The undersigned applicant owner (s) of the following described parcel
of land not exceeding one acre in area, to -wit: LOT -7
BIACK .6
I)URr;—ELLISTOPj ADllITIUN
Mailing Address:
3612 3rd Street, City
Said tract being situated in the City of Lubbock, Lubbock County, Texas in Compliance
with the Lubbock City Code do hereby make application for water or sewer extension and
service to said parcel of land and represent that applicant is otherwise unable to secure
such service to said parcel of land except tYrough deferred pro rata water or sewer
charge payments which are hereby declared to be a rental.charge for such service and
applicant hereby elects to pay said pro rata water or sewer charge as deferred rental
payments in lieu of payment of the entire water or sewer pro rata charge, and applicant
further represents that the extension of such service .is and would be a valuable im-
provement to said parcel of land and permit a better and more sanitary use of said land
and upon the City's acceptance of 15% of the pro rata payment chargeable to said property,
and timely construction by the City of the water or sewer extension herein contemplated,
I/We the undersigned applicant owner (s) thereof do hereby agree as follows:
(1) Applicant, jointly and severally, agree and promises to pay the City of
Lubbock, at the City Hall in Lubbock, Texas, a deferred pro rata, for water line extension
$ Sewex,�rental charge for sewer line extension in the principal sum
Of $ 62 5Q lesfs'15% 12.36 upon the acceptance of this agree-
ment by the City and the balance of $ 70.12 plus 67a 4.2 7
o
interest for a balance of $ 74.33 in equal payments f %
@ $�n and L @ $ 4.33 . Each payment being
due and payable -on the first day of each succeeding month hereafter until the balance and
interest, if any, if fully paid, the annual unpaid balance to bear interest at the rate
of 6% per cent per annum until fully paid. Upon failure of applicant to make any such
payment as and when same shall become due, it shall, at the option of the City without
notice, mature the indebtedness created hereby;
and
shall
become
aonce
due
collection
and
payable as to the balance due to the City, plus areasonattorney's e
is enforced by or placed in the hands of an attorney for collection or enforcement. in
the event of such default in payment by applicant, the city and/or its agents, servants,
or employees are hereby authorized, without notice to applicant (and applicant' expressly
waives notice), to disconnect the water or sewer extension serving applicantsparcel
land and thereafter City shall be under no duty to furnish water or sewer service to
applicant's parcel of land until applicant has paid all monies due to the City as well
as the'cost of disconnection and reconnection to the City Water or Sewer System as estimat-
ed and/or determined by the City Engineer of the City of Lubbock. Applicant agrees to at
all times defend, indemnify and otherwise hold the City of Lubbock, its agents, servants and
employees harmless of and from any and all claims, demands, actions, causes of action, suits
at law and in equity and costs of whatsoever kind or nature which may grow out of or relate
to or in any manner be connected with the making and carrying out of this agreement
-including but not limited to the construction, reconstruction, maintenance, disconnection,
connection, and/or reconnection of water or sewer extension to applicant's parcel of land.
shall
ade
on to any uniform water
Payments made uwhichtto may beiimposedmortassessedebyatheiCitydofi
or sewer chargemay against property
owners in the City of Lubbock.
(2) Applicant hereby gives and grants to the City an express contract lien upon
said parcel of land and premises and improvements herein provided for the secure payment
of the indebtedness herein created and applicant agrees to the fixing of a mechanics and
materialmen's lien upon said parcel of land and premises to secure said indebtedness until
said indebtedness is fully paid off and discharged. Applicant hereby waives in favor of
said indebtedness all homestead exemption, if any, in any manner pertaining to said parcel
of land. Applicant herby authorizes the recording of this instrument in the office of
the County Clerk of Lubbock County, Texas, and further agrees to pay the filing fee of $2.5(
(3) This agreement is made subject to all applicable provision of the Lubbock
City Code, Ordinances, Resolutions, and Regulations,.with.respect to water or sewer
service, extension, connection, disconnection-, reconnection, construction reconstruction
and maintenance and any other mattersrelated thereto.
(4) Applicant warrants and represents that no extensions for water or sewer
have been secured for the deferred pro rata water or sewer rental charge from the City of
Lubbock within the next preceding twelve month period prior to the date of the agreement.
This agreement and all obligations hereunder shall be binding upon applicant and the
successors, heirs, assigns and occupants of applicant.
- (5) If there are any other encumbrances except taxes against said parcel of
land, the Applicant shall, if possible, if requested to do so by City, secure from the
holder of said encumbrance a subordination of said encumbrance to the lien created by
this agreement.
EXECUTED BY THE PARTIES HERETO AS OF THE DATE FIRST ABOVE WRITTEN
ACCEPTED PROV
CITY OF LCK
BY:
THE STATE OF TEXAS $
COUNTY OF LUBBOCK ¢
APPLICANT:
BEFORE ME, the undersigned author' a N t ry P blic in and for Lubbock County,
Texas, on this day personally appeared �j-. ,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 CITY MANAGER for
the purpose and consideration therein expressed, and in the capacity therein stated./
.,_GIVEN UNDER MY HAND AND SEAL OF OFFICE, this A� day offL.G_�i(,�A.D.
19
(SEAL)
i�L/yc��•
Notary Public, Lubbock Countf, Texas
THE STATE OF TEXAS 4
COUNTY OF LUBBOCK 0
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County,
Texas, on this day personally appeared , known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that
he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of A. D.
19
(SEAL)
Notary Public, Lubbock County, Texas
THE -STATE OF TEXAS 4
COUNTY OF LUBBOCK Q
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County,
Texas, on this day personally appeared J. F. SEAQWN , and
•RfIRTTR SMONON , his wife, both known to be the persons whose
names are subscribed to the foregoing instrument and acknowledged to me that they each
executed the same for the purposes and consideration therein expressed, and the said
Rt1RTTR S14ANNON wife of the said J. F. SHAhT M
having been examined by me.privily.and apart from her husband and having the same fully
NN
explained to her, she, the said RURTTF SHAON acknowledged such instrument to
be her Act.and deed, and she declared that she had willingly signed the'same for the
purposes and consideration therein expressed and that she did not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Mo day of , A.D.
19Notary Public, Lubbock County, Texas
1