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Home My WebLink AboutResolution - 1101 - Sales Contract - J Kuykendall Et Al - Kuykendall Tract, Dupree Addition - 05_13_1982JWF:js RESOLUTION RESOLUTION 1101 - 5/13/82 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 Sales Contract for the purchase of land by said City from Vendors, Jo Ann Schneider Kuykendall, Roger L. Kuykendall, G. P. Kuykendall, John F. Schneider, Trustee and W. M. Knight, Trustee, 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 lath day of 1982. iHENRY', MAYTEM ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Tom Nivens, Right of Way Agent APPROVED AS TO FORM: J. ru ingim, Asst. City At rney RESOLUTION 1101 - 5/13/82 I, CErpKTARY-TREASURER SALES CONTRACT THE STATE OF TEXAS COUNTY OF LUBBOCK § This Contract between Jo Ann Schneider Kuykendall, Roger L. Kuykendall, G. P. Kuykendall, John F. Schneider, Trustee and W. M. Knight, Trustee, hereinafter collectively called "VENDORS" and the CITY OF LUBBOCK, a Texas Home Rule Municipal Corporation of Lubbock County, Texas, acting through its Mayor hereunto duly authorized, hereinafter called "PURCHASER", by which Vendors hereby sell and agree to sell and convey to Purchaser and Pur- chaser agrees to buy and pay to Vendors for (in the amount of money hereinafter set forth) the hereinafter described property lying and being situated in Lubbock County, Texas, on the follow- ing terms and conditions: WITNESSETH: I. The Purchaser has agreed, and does hereby agree, to take by conveyance from Vendors a certain tract of land situated in Lubbock County, Texas, described as follows: All that tract of land described in Exhibit A attached hereto and made a part hereof. In consideration for the conveyance of which, Purchaser agrees to deliver to Vendors contemporaneously with the delivery of the deed below described, in cash the sum of THREE HUNDRED FIFTEEN THOUSAND AND NO/100 ($315,000.00) DOLLARS. II. Vendors agree to furnish at rurchaser's expense an owner's title policy in the amount of the purchase price to said property, which property shall be conveyed free and clear of any and all encumbrances, and said title policy shall contain no exceptions to defects in title other than the usual and customary exceptions contained in a standard Texas Title Policy Form. III. Taxes on the real estate herein concerned shall be prorated between Vendors and Purchaser to date of closing of this sale. Risk of loss by fire, windstorm, any Act of God, explosion, Civil Commotion or riot, or loss by any other reason as regards structures existing on the premises herein concerned shall fall on the Vendors until the sale is closed and consummated, and thereafter such risk of loss shall fall on Purchaser. If any existing structure is damaged (for any reason) in whole or in part before this sale is closed and consummated, then Purchaser, at its option, may terminate this contract. IV. Purchaser agrees, within fifteen (15) days from the date the title company approves the title to consummate the sale. If there are title defects, Vendor shall have thirty (30) days to correct such title defects after being notified of such ___defects._ In_the_event of failure by Vendors to furnish good and markable title, Purchaser may declare this contract null and void or Purchaser at its option may waive title defects and enforce specific performance of same; or Purchaser may enforce specific performance of same in event Vendors shall fail or refuse to consummate the sale. Vendors agree to deliver a good and sufficient General Warranty Deed properly conveying said property to said Pur- chaser, and Purchaser agrees, when said deed is presented, to pay the cash payment herein provided for. Vendors upon execu- tion.of this contract by them shall immediately notify the tenants and/or occupants of the land herein concerned, including Gene Messer Ford, Inc., of the pending sale of such land, and Vendors specifically warrant and represent that there are no written or oral leases of said land recorded or unrecorded in existence and that all tenants or occupants thereof hold under a �� `P month -to -month occupancy or tenancy, including Gene Messer Ford, Inc Vendors agree that PaFekaer shall -reeelve•-all fie- ��, monthly rent due to Vendors -for the calendar month in which this ,�( contract is Consummated. shall be prorated between Vendors and Purchaser to date of closing of this sale V. This agreement shall not become operative or effective un- til duly executed by both Purchaser and Vendors herein. It is agreed that this contract shall be consummated at the offices of Guarantee Abstract and Title Company, 1320 Texas Avenue, Lubbock, Texas. EXECUTED in duplicate originals as of the 30th day of April, 1982. VENDORS: -o Ann Schneider Kuy ken PURCHASER: CITY OF L BO K BY _ AL HENRY, MAYOR PRO EM ATTEST: Evelyn a ga, City Secretary -Treasurer APPROVED AS TO CONTENT: C�rc�l' Tom Nivens,Right-off Way Agent APPROVED AS TO FORM: ;VOs � J. Fuilingim, ASSt. UIWF Attorney 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 Jo Ann Schneider Kuykendall, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1982. Pu I biic, u oc oun�y.,:Texas JOHN F. SCHNEIDER - 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 Roger L. Kuykendall, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he exe- cuted the same for the purposes and consideration therein ex- pressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this r— day of m A 1 , 1982. Notary Public, Lubbock County, eT xas 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 G. P. Kuykendall, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he exe- cuted the same for the purposes and consideration therein ex- pressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of . 1982. Notary Public, Lubbock County, Texas 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 John F. Schneider, Trustee, 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 -2)0-tr day of Xt14 u 1982. Notary Public, Lubbock County, Texas 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 W. M. Knight, Trustee, 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 1982. ry u ic, Lubbock County, Texas JOHN F. SCHNEIDER 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, Mayor Pro Tem of the City of Lubbock, 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. et IVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of /L.Q/ 1982. Notary Pu ,i, c , Lu oc ou}1ty , Texas -A. .3 ` THE STATE OF TEXAS § COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, on this day personally appeared Roger L. Kuykendall, known to me to be the person whose name is subscribed to the foregoing instrument as attorney in fact of G.P. Kuykendall and acknowledged to me that he subscribed the name of G.P. Kuykendall thereto as principal and his own name as attorney in fact, and executed the same for the purposes and con- sideration therein expressed, and in the capacity therein set forth. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of /I (��_� , 1982. �- tNotary Public, ic, LubbockLu oCounty, Texas Z SURViMM115 co-., 272.45 Avenue M Lubbock,. Texas (806): 763-3388 tic -4-April 23, 1982 V;_ a t . F.Ield notes on theNorth part of Lot l. Lots '29 through 36, Block 2, --z- 7 n-- and tht North'end of Block 2 known as the Kuykendall Tract, Dupree Addition to the City of Lubbock, Lubbock County, Texas, all being in Section 71 Block B, Lubbock County, Texas and being more particularly described as follows: Beginning 'at 'ah."X" cut in concrete gutter at the intersection of the South R.O.W. line of 19th Street and the East R.O.W. line of Avenue J, for the Northwest corner of this tract, whence the Northwest comer of Section 7, Block B, bears North, 16.'23 feet and West, 2000.38 feet; Thence South, along the East R.O.W. Line of Avenue J, a distance of 140.52 feet to an "X" cut in concrete for a corner of this tract; Thence East, along the East R.O.W.'line of Avenue J, a distance of 10.0 feet to an "X" cut in concrete for a corner of this tract; Thence South, along the East R.O.W. line of Avenue J at 80.73 feet pass the Southwest corner of the Kuykendall Tract and the Northwest corner of Lot 36, Block 2, Dupree Addition, continuina for a total distance of 397.37 feet to a 3/8" iron rod set for the Southwest corner of lot 29, Block 2, Dupree Addition and the Southwest corner of this tract: Thence East along the South line of said lot 29, a distance of 106.6 feet to a 311 steel fence corner post set in concrete for the West -Southeast corner of this tract, wherice the original Southeast corner of Lot 29 bears East, 4.0 feet; Thence North along a line .4.0 feet West of and parallel to the Fast line of Lots 29 through 36, a distance of 287.06 feet to a 3/8" iron rod set for an inside comer of this tract; Thence Fast at 4.0 feet pass the East line of Lot 36, at 16.0 feet pass the West line of Tot 1, continuing for a total distance of 121.6 feet to a 3/8" iron rod set " the West R.O.W. line of Texas Avenue, for the North -Southeast in corner of this tract; Thence North along the West R.O.W. line of Texas Avenue, a distance of 121.5 -feet: to -a point .foK_a'comer.'of thistract{ ' 'i =7 said RO_." . _7 �Thenbee EiR ".-.aine a distance of .3.28. feet to a point for. . __.. -W Z' - Thence North 0026123" West along said R.O.W. line a distance of 75.56 feet to a point, for a corner of this tract; Thence North 0029145" West along said R.O.W. line a distance of 54.41 feet to an "X" cut in concrete at the intersection of the West R.O.W. line of Texas Avenue and the South R.O.W. line of 19th Street, for the Northeast corner of this'tract; Thence South 0 50157" West along the South R.O.W. line of 19th Street, a distance of 240.43 feet to the place of beginning. Containing 2.059 acres. CERTIP'IEO CORRECT: John N. Wilson Registered Public Surveyor } 416,093 - •i.T p his. fsy�� .ratA f>a� � ys,"�+w'� "k�"t`/aes ,R'n ,�y •r �*., .�',�,�c,� "�> � 4., t.�. +6` x � � 4 {'t'��yL.�, 'ray, �ly;��y.•"��'�3y'yr�}c��€.rtZ px��r� :;,;yr�' {�' �� ' �`�,�•�.,"y�-n.,r.� � _ x'P'x' � r r"x"� ��: f .T Y yr �^`'+' r z-; i.. 'y".'"-!�s-� ,F=' '`�' 'c-..:.•^a .'' �` ....r£ �x t �-x�ka,..l�kiE�a`i+.PF':,x".?��.U.c'�!��'�.<"��.$-v. .t�?cr!�Lo.�s r.�'.. .;��«r'�-'•�..a...`«�r"`��r .,�z�r,�. .Zc k"�i .+�s�..:.-„ PLAT OF SU 2V E-' THE NORTH PA¢.TOF LOT I, LOT 29,30,31,32,33,34,35,AMD 8G ,BLOGK2 ,AMD THE.NOQTN END OF 5LOCK Q , KNOWN AS THE KUYICENDALL-TIZAcT, DUPREE ADDITION TUTHE CITY OF LUSI30GK , ALL 5EIMG IN SEC.'7 , 5LK.5,LUb50CK COUNT`(, TEVAS le) - a ST2EET SECTION LINE YIN IN GUTTER N 89"50' S�° E 240.43' IX �X" ON CONC9 W ZOM THIS POINT TWE N.W.0O2. f!?ZFSeC--7,bLV_.5 BEARS �a 01ETW ICG.Z3' &, WEST ZOOO.56'Lp c� 0 lu 4,PG�C D - W Z Nr Q Q v N (n X" ON CONC. E-W L9, ip z r r` SCALE - 1 "-50' ALLEY VOL. 51G i� I5' E-W 121.G' ALLEY X AP21L 23 , 1982 CLOSED P.' ' 195 ` 4 l uj O -SET %' ROE) CID w as z w Q ! 34 3 z � Z 33 CERTIFIED COQIZECT: 66ww N. w1LsoN 2ETg15Tl=¢ED PUBLIC SU¢VEYQR rz allo =QD \0 r 4t �1 w, I 'oNN50N 132 G•., ee � s..•'.1 30 z9 OJ � � WILSON SUQVE"(ING Co., INC. j � I •P. V 171- AVENUE M _ o_ x' E-W IOG•6' EEL FENCE LU55OCK,TEXAS Io28 c IZWE12 POST (80-)-7Co3-3388 �$F PI-A*� tiG,093 1 II `