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HomeMy WebLinkAboutRES 092804-S - Draeger Motor Co. LienRESOLUTION NO. O9naij-S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AUTHORIZING THE RELEASE OF A SPECIAL ASSESSMENT LIEN FOR DRAEGER MOTOR COMPANY, INC. AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City of Georgetown has received a request from Draeger Motor Company, Inc. for the release of a special assessment lien against its property located at 502 Main Street; and WHEREAS, by ordinance dated October 10, 1922 and filed of record on January 25, 1923, at Volume 6, Page 415, Mechanics Lien Records of Williamson County, Texas, an assessment hen was levied against the following described real property and against the real and true owner of said property to be due and payable within four (4) years of said assessment: Being Lots 1-8, Block 43, in the CITY OF GEORGETOWN, Williamson County, Texas, and being the same property described in deeds to Draeger Motor, Inc. recorded in (1) Volume 535, Page 318; (2) Volume 577, Page 343; (3) Volume 576, Page 113; (4) Volume 616, Page 557; (5) Volume 1781, Page 011; and (6) Document No. 9853081, Official Records, Williamson County, Texas (the "Property"). WHEREAS, the City of Georgetown has no financial records dating back to 1922 and, therefore, no determination can be made as to whether or not the assessment was paid; and WHEREAS, the City Council, after hearing the request and finding the specific facts as stated above, now concludes that the subject property should be released from the special assessment lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1 The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements Finance Policy End 14.00 of the Century Plan - Policy Plan Element, which states. "All municipal operations are conducted in an efficient business -like manner and sufficient financial resources for both current and future needs are provided"; and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Resolution No. 0 92 PALS Page 1 of 2 SECTION 2. The Mayor is hereby authorized to execute, and the City Secretary to attest this resolution and the City Attorney is hereby directed to release the subject special assessment lien against the above -described Property on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this al ' day of September, 2004. THE CITY OF GEORGETOWN ATTEST: Sandra D. Lee, City Secretary APPROVED AS TO FORM: Patricia E Carls, Brown & Carls, LLP City Attorney Resolution No. By: Page 2 of 2 STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF GEORGETOWN RELEASE OF SPECIAL ASSESSMENT LIEN WHEREAS, by ordinance dated October 10, 1922, an assessment lien was ordered by the City Council of the City of Georgetown, Texas ("City'), and filed of record on January 25, 1923 at Volume 6, Page 415, of the Mechanics Lien Records of Williamson County, Texas; and WHEREAS, the City Council levied an assessment in the sum of $324.00, $347.86, $377.53 and $328.50 against the following real property described in said ordinance and against Dr. Wm Schultz, Mrs F.T. Roche, A.S. Fisher and Joe N. May, respectively, the real and true owners of said property at the time of assessment: Being Lots 1-8, Block 43, in the CITY OF GEORGETOWN, Williamson County, Texas, and being the same property descnbed in deeds to Draeger Motor, Inc. recorded in (1) Volume 535, Page 318; (2) Volume 577, Page 343; (3) Volume 576, Page 113; (4) Volume 616, Page 557; (5) Volume 1781, Page 011; and (6) Document No. 9853081, Official Records, Williamson County, Texas. WHEREAS, Draeger Motor Company, Inc. is the current owner of the above -described property, which is encumbered by said lien(s); and WHEREAS, said assessment lien was due and payable within four (4) years after the date of issuance; and WHEREAS, on September 28, 2004 by Resolution No. 092f0$- 8 , the City Council of the City of Georgetown resolved to release said lien, as it is unable to confirm whether or not the lien has been paid, since the City has no financial records dating back to 1923. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the recitals above and other good and valuable consideration, the receipt of which is hereby acknowledged, the undersigned. has RELEASED AND DISCHARGED and by these presents does hereby RELEASE AND DISCHARGE the above described property from any and all liens recorded at Volume 6, Page 415 of the Mechanic's Lien Records of Williamson County Texas. EXECUTED the oC 7d day of 04er , 2004. CITY OF GEORGETOWN, a Texas home - rule municipal corporation By. G; r Nelon, Mayor Release of Special Assessment Lien Page 1 of 2 ATTEST: 1/162-ak ea — Sandra D. Lee, City Secretary APPROVED AS TO FORM: Patricia E Carls, Brown & Carls, LLP City Attorney STATE OF TEXAS COUNTY OF WTT LIAMSON § The foregoing instrumentwas acknowledged before me this 94day of September, 2004, by Gary Nelon, Mayor, of the City of Georgetown, Texas, a Texas home -rule municipal corporation, on behalf of said municipal corporation. s...:r., SANDRAD, LEE Notary Put -Sic, State of Texas of'a , SAY Commission Expires JANUARY 3, 2006 Notary Public, State of Texas Release of Special Assessment Lien Page 2 of 2