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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/15/1947RECESSED R EGUL-U, LiET'aTINIG. ff -_ - :arch 15, 1947. The City Coiimlission of the City of Lubbock, Texas, zaet at 10:00 ,o'clock A.T,`:, in recessed regular session, recessed fron regular meeting of Iti.arch 13, 1947, at the regular meeting place in the City fall, the following members thereof bein; present, to-iiit: i'.ayor C. A. Best*nick, Co_mEiissioners 'j'.B. Price, John Spikes, J. Ray Dickey, City Attorney Vaughn E. "filson, City Manager Romer A. Hunter, City Secretary Lavenia "Tilliams. Absent: Comnissioner F. 1-7. Childress. L--otion by Cormni.ssioner Dickey, seconded, carried, the folloiwin.g Resolution was passed. RESOLUTION BE IT RESOLVED BY T_LE CIT',' C-013-:ISSION OF 'T'I E CITY o'F LUBBOCK, TEXAS: THAT, the Studebaker Heirs, represented at this conference with the City Cowiiission by: Yr. Jades L. Beattey I,:r. O. ?. Edwards 11'r . David Ve sey iSr. A. D. Suttles, be offered the sum of Y�-92.50 per acre for the section of land known and desi;-,ated as Section .rive (5), Block "A", Lubbock County, Texas, constituting :six hundred Dwenty Five (625) Acres of land, more or less. The orners to convey this section of land to the City of Lubbock iA fee simple, retaining in the owners only one-half (") the If.ineral Rights. It being intended hereby that water shall not be construed to be a mineral. The o7-�mners to deliver to the City a complete Abstract of Title, showing fee simile title in the property to be in said owners and merchantable. Said sale to be made subject to the rights of L1. M. Stiles, the only tenant in ,possession; the City to receive all benefits accruing to the owners under said tenant, it being under- stood that the tenant is in possession under a rental lease not exceeding five (5) ;years from Puarch 1, 1947. That the owners convey said section of land with ir_provements to the City by General "farranty, free of any incunbrances whatever or reservations except those expressly stated above, except the follolving: Existing Easements in favor of IlJest Texas Gas Company, and Electric Light Line Easements now existing, and Highway Easements, and Railroad Right-of-way Easements no-, existing; and that the Layor be, and he is hereby authorized to execute a Contract rith the owners to effect the purchase of land as above set out. The consideration to be paid by the City in cash when the Deed of Conveyance in this Resolution provided for is delivered. The City and Trust-e, to be a,)pointed by the Seller forthwith, to have full right to execute I;:in .ral Leases covering T::ineral in- terest to be retained by o-ners. The City of Lubbock to put up in escrow with the Citizens National Bank of Lubbock, Texas, as escros."? agent, together with a copy of contract the sum of Ten Thousand (ip'10 , 000.00) and i�,)/100 ;dollars as a forfeit should the City of 'Lubbock fail or refuse to carry out in good faith the provisions of the contract entered into by the I,:ayor. Passed and approved this 15th day of Larch, 1947. (biEned) _C_ A. Bestvick _______ I::ay o r �mTE . Lavenia ",Tilliaras(Signed) ^City Secretary THE ST:1TE OF TAP AS C0UNPITY OF LUBBOCK This agreement rude and entered into at Lubbock, Lubbock County, Texas by and betwer,,n Janes L. Beattey, Indianapolis, Indiana, 0. P. Edvaards, Lipsic, Ohio, David Vesey, Fort ';Fayne, Indiana, A. D. Suttles, Decatur, Indiana, representing and being attorneys in fact of the owners and "Studebaker ileirs" hereinafter designated "Sellers" and the City of Lubbock, a dome Rule municipality domiciled in Lubbock,County, Texas, hereinafter designated as "Purchaser"; 'X!113RE:�S the Sellers are owners in fee simple of a certain tract of land situated in Lubbock County, Texas, and being Section 5 Block A, T.T.'".x., certificate 396, containing 625 acres of land more or less, and MIER:-IIz=`3, the City of Lubbock by Special Session of the City Commission has authorized the purchase of said land by regularly adopted resolution of said Corrxiission, Which said original resolution is attached hereto and made a part hereof, and, IIIV'uiCI S, Sellers are interested and willing; to sell said entire section of land; NOW T11EREFORE, the parties hereto agree as follows; 1. Sellers do hereby sell and agree to convey the entire section of land to the City of Lubbock, Purchaser, the sarie being Section 5 in Block A, and purchaser agrees to purchase the said tract of land and doa:- by these presents purchase said land upon the following terms and conditions, to --it: 1. Seller to furnish a good, sufficient and complete abstract of title to said section of land to the satisfaction of Purchaser shoiving merchantable or insurable title in Sellers, at once, Purchaser to pay the sum of NINTETY T7tO AN`D 50/100 (�9 .50) Dollars per acre, purchase price for said land, T ?-T TIlOUSAiFD (�10,000.00) Dollars, to be paid in escrow as earnest money at date of signing of this agree- ment. The balance of purchase price to be paid at date of conveyance. 2. The parties hereto do hereby constitute and appoint the Citizens ITatiDnal Bank of Lubbock, Texas, escrow agent. 3. Seller to retain fifty (50) percent of all minerals and mineral rights in said real estate and Purchaser to obtain by said conveyance fifty (50) percent of all minerals and mineral rights by said conve;,rance. 4. Said real estate is taken subject to certain utility easements and ri its of I:=. 1.:. Stiles, tenant in possession, it being understood by and between the parties that his tenancy is limited to a dry land farraii�; agreement, and that all rents for the year 1947 and follov.-ing years shall be and are hereby made the property of Purchaser. 5. It is further agreed and understood by anti bet-rveen t-14e parties that all insurance and taxes shall be prorated to date of transfer, that is, delivery of conveyance by Sellers to Purchaser. 6. Seller agrees to convey, under the teriss and co-aditions here- in set out and set out in the resolution made a part hereof, by warranty deed fee simple title to said section of land, to the City of Lubbock, Purchaser, and its assigns, possession to be delivered at the tirie of such delivery. 7. It is further understood and agreed by and between the parties that Purchaser is to be conveyed the entire section of land by metes and bounds subject to existing highway and road easements, utility easements, and the railroad easement or grant which leaves re- wining approximately 625 acres of land Which shall constitute the bases of Payment as provided in nui,lbered paragraph (11) eleven, of this agreement. a. It is mutually agreed and understood by and betineen the parties that each party imi.Ll exert every effort and good faith to effect this transaction and conveyance at the earliest practicable date. 9. It is further agreed between the parties that the condemnation suit nog-cending wherein the City of Lubbock is Conder.-nor and the "Studebaker heirs" are Condernnees, shall not be prejudice in any manner by reason of tiie City of Lubbock entering into this agreement. 10. It being furthor provided and a-p,reed however, that if Sellers in good faith perform the terms of this agreement, the conderanation suit will in all things be accordingly dismissed upon acceptance of title and conveyance from Sellers. 11. It is agreed that the number of acres of land to be paid for shall be deterrlined by taking from the total number of acres in the section, that number of acres included n,,ithin the railroad right -of -gray and hi8h7vays which is u_-iderstood and intended leaving and remaining approximately six hundred t;-tenty five (625) acres. IN -Y1TI�iS S "rHEREOF, the pasties hereto have set their hands this 15th day of 1,areh, 1947, at Lubbock, Lubbock County, Texas. (signed) _Jades L__Beattey----- -- (Signed) 0. P. Edwards (Signed) a_v i ci_ ure s ey_____________ (Signed) A. D. guttlee Individually, and as Attorneys in Fact for "Studebaker heirs" (Signed) C. A. 3estVTick C. A. Destwick, I,,ayor ..ATTEST: Lavenia !Villiams_ ___ (Signed) City Secretaryr SEAL i-otion by Commissioner Price, seconded b;, Commissioner Dickey, carried, unanimously, to authorize paving of Unit No. 565 - Wash- ington Avenue, from Ulorth Property line of 29th to North Froperty Line of 30th atreet. No further business coming up for consideration, the City Commission adjourned. Read and approved this the ---27th _ day o-- f March _,1947. ------------ --- ----__- T.i�ok ------------------- ATTEST: City S`ecreta