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HomeMy WebLinkAboutResolution 2005-001 RESOLUTION NO. 2005-001 BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1. The City Manager be, and is hereby authorized to execute the attached Mechanic's Lien Contract for Public Improvements with Rosalio Miranda and Maria Miranda for sidewalk improvements to Lot 1, Block 1, Miranda Addition as an act and deed of the City. PASSED AND APPROVED this the 10th day of January, APPROVED AS TO CONTENT: M -h C;t- Mike turtis, P.E., Public Works Director MECHANIC'S LIEN CONTRACT FOR PUBLIC IMPROVEMENTS STATE OF TEXAS § § COUNTY OF TARRANT § This contract is made by and between Rosalio Miranda and Maria Miranda, herein styled "Owners," and the City of North Richland Hills, Texas, herein styled "City," for the purpose of documenting the terms and conditions under which City will construct a sidewalk along Hewitt Street adjacent to Owners' property, at Owners' expense, and Owners grant a mechanic's lien to the City securing payment of such expenses. Such contract is made in order to relieve Owners of the immediate obligation under the City's subdivision ordinance requirements to construct such sidewalk as a condition of developing Owners' property. FOR AND IN CONSIDERATION of the mutual covenants herein set forth, Owners and City agree as follows: 1. Owners agree to pay City the cost of labor and materials required to construct a sidewalk along Hewitt Street in the right-of-way adjacent to Owners' property known and described as Lot 1, Block 1, Miranda Addition, an addition of the City of North Richland Hills, Tarrant County, Texas. If not paid within 60 days after a statement is mailed or delivered to Owners, City shall be entitled to interest, attorneys fees, and costs of collection as hereinafter set forth. 2. City agrees to construct the sidewalk described in 1. above to the standards of the City in effect at the time of such construction, and to mail or deliver to Owners an itemized statement upon completion of such improvements, which shall be due and payable sixty (60) days after Mechanic's Lienfor Public lmprovements- Page I K:\Glenn SmithIMisc\Mechanic's LIen Public lmprovements.òoc such mailing or delivery. If not paid within such time, such amount shall accrue interest on such stated sum at the rate of 8% per annum, and City shall be entitled to its reasonable attorneys fees and costs of collection. 3. Owners grant City a lien against their property described in 1. hereof to secure payment of all sums due City under this agreement. 4. This agreement and these covenants shall run with and be binding on successors in title to the said Lot 1, Block 1, Miranda Addition of the City of North Richland Hills, Tarrant County, Texas. 5. It is agreed and understood that the sidewalk described herein may not be constructed by City for years, and that Owners or their successors in title shall be entitled to a release of these obligations by securing required permits and constructing such sidewalk to City specifications. AGREED this 1 day of ~Y~n7,b(' Ý ,2004. OWNERS: 1) IJ-J fJ..r" Ñ:,- ~ ,., p ¡.) Rosalio Miranda ')(l~ ;( JrÎ ~ M~a Miranda Owners' Mailing Address: 6800 Hewitt Street North Richland Hills. Texas 76180 Mechanic's Lienfor Public lmprovements- Page I K'\Glenn SmithlMlsclMechanic's LIen Public lmprovements.doc CITY OF NORTH RICHLAND HILLS, TEXAS By: Larry Cunningham, City Manager City's Mailing Address: 7301 N.E. Loop 820 P.O. Box 820609 North Richland Hills. Texas 76182 ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Rosalio Miranda and Maria Miranda. known to me to be the persons whose names are subscribed to the foregoing instrument, who acknowledged to me that they executed the same for the purposes therein expressed, ~ GIVEN UNDER MY HAND AND SEAL OF OFFICE, this L day of V~yrl h~/ , 2004. ~"dh¥r-z,Ð Notary Public in tl for The State of Texas Mechanic's Lienfor Public lmprovements- Page I K:\Glenn SmithIMisclMechanic's Lien Public lmprovements.doc :::RN::::C:-:- ;"';::::r-.(:::~--,-- '-\,.,.... + , :'-L:~~'...) I i-í i,10TA.RY PUBLIC ~,¡,: T~~,TE 0:= T=Xi\~¥'. ~-;.. L, -JF:-.~~.>~.,~~;' ACKNOWLEDGMENT ST ATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on this date by Larry Cunningham, City Manager of the City of North Richland Hills, a Texas municipality, who acknowledged to me that he executed same for the purposes and consideration, and in the capacity therein expressed, as the act and deed of such municipality. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of 2004, Notary Public in and for The State of Texas Mechanic's Lienfor Public Improvements- Page J K:IGlenn SmithlMiscIMechanic'g LIen PublIc Improvements.òoc