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HomeMy WebLinkAboutResolution - 5357 - Contract Of Sale - Purdy, Coleman, Champion, Et Al. - A J Coleman Addition, FS - 12_12_1996RESOLUTION NO.5357 Item #13 December 12, 1996 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to wit: for construction of a Fire Station, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of land as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to wit: A tract of land in Block Three (3), A.J. Coleman Addition to the City of Lubbock, Lubbock County, Texas, and being further described as follows: The West 175.2 feet of the East 302.2 feet of the North % of Block Three (3), A.J. Coleman Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof, recorded in Volume 444, Page 210, Deed Records, Lubbock County, Texas. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized to execute a Contract of Sale, attached to this Resolution and incorporated herein by this reference, for the purchase of the above described real property for the sum of $10,000.00 SECTION 3. THAT if the above Contract of Sale is not executed by December 12, 1996, by the Owners of the above described property, such Owners being James L. Purdy, Danny Coleman, Doyle Champion, Wanda Whitener, Marsa Lane, Barbara Ross, Jimmy Champion, and Vickie Champion, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for the public purposes and municipal purposes as aforesaid. Passed by the City Council this 12th day of ATTEST: &4&:Lz� kaylt Darnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right-of-WVAgent APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney/ Office Practice Section dpxcdookoleman.res September 20, 1996 MAYOR PRO TEMPORE 2 RESOLUTION NO. 5357 Item #13 December 12, 1996 THE STATE OF TEXAS § CONTRACT OF SALE COUNTY OF LUBBOCK § This Contract of Sale is made by and between JAMES L. PURDY, DANNY COLEMAN, DOYLE CHAMPION, WANDA WHITENER, MARSA LANE, BARBARA ROSS, JIMMY CHAMPION AND VICKIE CHAMPION, (referred to herein as "SELLERS") and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation of Lubbock County, Texas, (referred to herein sometimes as "BUYER" and sometimes as "CITY"). RECITAL,: 1. SELLERS own a tract of land in Block Three (3), A.J. Coleman Addition to the City of Lubbock, Lubbock County, Texas, and all improvements, if any, located upon said real property and further described in paragraph I. 2. SELLERS desire to sell and CITY desires to buy the above described real property and improvements thereon, herein collectively referred to as "the COLEMAN PROPERTY," free and clear of all liens, claims and encumbrances, and upon the terms and conditions hereinafter set forth. AGREEMEND I. For the consideration hereinafter set forth and upon all terms, conditions and provisions herein contained, SELLERS agree to sell and convey to BUYER, and BUYER agrees to purchase from SELLERS the following described property located in Lubbock County, Texas: A. Real Property: a tract of land in Block Three (3), A.J. Coleman Addition to the City of Lubbock, Lubbock County, Texas, and being further described as follows: The West 175.2 feet of the East 302.2 feet of the North '/Z of Block Three (3), A.J. Coleman Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof, recorded in Volume 444, Page 210, Deed Records, Lubbock County, Texas. This conveyance shall be subject to all written oil, gas and other mineral leases, restrictions, covenants, reservations and mineral severances and rights -of -way of record in Lubbock County, Texas, or visible upon the ground, but only to the extent they are still in force and effect at the time of such conveyance. This Agreement to sell and convey property specifically includes the real property above described together with all the rights and appurtenances pertaining thereto and any improvements thereon except as otherwise expressly stated in this Contract. II. BUYER shall pay to SELLERS for the above -described property and improvements the following sum: TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) cash to be paid by BUYER to SELLERS at closing. The title commitment and policy will be issued from Western Title Company, 1810 34th Street, Lubbock, Texas 79411. IV. It is understood that the ad valorem taxes for 1995 and all previous years have been paid and that the prorated taxes for 1996 to the date of closing will be paid by SELLERS. V. The obligations of the BUYER and SELLERS to consummate this transaction are subject to the fulfillment, at or prior to closing, of each of the following conditions: A. Approval of this Sales Contract by the Lubbock City Council. CONTRACT OF SALE COLEMAN ADDITION---- PAGE 2 B. A title policy is issued in favor of BUYER as hereinabove set forth. C. BUYER is able to secure from SELLERS such legal documents as may be required to consummate this transaction, including the acquisition of good and indefeasible title to the property which is the subject of this Contract of Sale, free and clear of all liens, claims and encumbrances, except as herein provided, or which may appear at the time of closing, including a general warranty deed from the SELLERS. Immediately upon execution of this Contract, SELLERS and BUYER each agree to diligently pursue in good faith all actions that may be necessary to fulfill the above conditions as soon as reasonably possible. Both BUYER and SELLERS agree that the closing date for completing the sale of the COLEMAN PROPERTY shall be on or before December 17,1996. VI. This Contract and all covenants and agreements herein shall inure to the benefit of and be binding upon the parties hereto and upon their respective heirs, administrators, executors, successors and assigns. VII. The parties agree that all payments, remedies and conditions performable under the terms of this Contract shall be payable and performable in Lubbock County, Texas. CONTRACT OF SALE COLEMAN ADDITION - PAGE 3 VIII. ENVIRONMENTAL STUDY BUYER represents that it will contract with an environmental engineering firm to conduct an environmental study of the property at BUYER'S expense. IX. NOTICE Any notice given or made for any purpose pursuant to this Contract shall be valid only if in writing and sent by certified mail, return receipt requested, postage prepaid, addressed as follows: If to SELLERS: BOBBY McQUEEN McQueen Co. Realtors 4505 Avenue Q Lubbock, Texas 79412 If to BUYER: ED BUCY Right -of -Way Agent CITY OF LUBBOCK P. O. Box 2000 Lubbock, Texas 79457 Either party may, at any time, and from time to time, in the manner set forth herein for the giving of notice, change the address of such party as designated in this paragraph. X. SURVEY The BUYER will obtain a survey at their cost if needed. CONTRACT OF SALE COLEMAN ADDITION ---- PAGE 4 XI. SELLERS represents to BUYER that he has retained a licensed realtor or broker with respect to this Contract of Sale but that payment of any realtor or broker fees shall be SELLERS' obligation. XII. Time is of the essence in this Contract. It is understood that after this Contract is executed, actions are required by both SELLERS and BUYER in order to satisfy the conditions precedent, and that closing will occur on or before December 17, 1996. Closing shall take place at the 34th Street office of Western Title Company of Lubbock, Texas, or such other place as the parties may mutually agree. At the time of closing, all documents are to be executed and delivered, and all monies are to be paid. The title policy fee and all normal closing costs will be paid for by the BUYER. XIII. A. Entire Agreement: This Contract embodies the entire agreement and understanding of the parties and supersedes any and all prior letters of intent, agreements, arrangements and understandings relative to the subject matter hereof. B. Counterparts: This Contract may be executed in one or more counterparts, each of which shall be effective as an original. CONTRACT OF SALE COLEMAN ADDITION ---- PAGE 5 IN WITNESS WHEREOF, the parties hereto have executed this Contract of Sale, effective this 12th day of December , 1996. SELLERS: UVE\90W.,I A 'Ji_ -i10 fly/Lei :4ixi1:/:1yj , -101 BUYER: 'AlW06J9 PRO TEMPORE ATTEST: Kaythi-qJT"arnell, City Secretary APPROVED /SAS TO CONTENT: Ed Bucy, Right -of -My Agent APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney/ Office Practice Section CONTRACT OF SALE COLEMAN ADDITION---- PAGE 6 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared ALEX "TY" COOKE, Mayor Pro Tempore 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 herein expressed and in the capacity herein stated as the act and deed of the CITY OF LUBBOCK. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12 day of 't�a , 1996. KATHERINE EGGER Notary Public. State o1 Texas My CommIsslon Explres 10-6.97 THE STATE OF rn COUNTY OF L e�- �ca�,e.u.w.. Notary Public in and or the State of Texas My Commission Expires: ►o - Lo• q'i BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared JAMES L. PURDY, 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 herein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /S' '�� day of W-n U e V&' k a -1- , 1996. ------------ WOL A. REM G� Or fw PUSI—C—UMMOOM Notary Public in and for the State of /n;� IN. Ce1'P"--CN EXPIRES 1.31.2000 J•• My Commission Expires: /-- 3/_a 0 0 0 CONTRACT OF SALE COLEMAN ADDITION ---- PAGE 7 THE STATE OF _ COUNTY OF©C'if BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared DANNY COLEMAN, 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 herein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this .90� day of Djj"n6'-'j , 1996. DSRA L TAFT No Public in and for State of Notn , $we of Texas My Commission Expires: ��s��� My cMv:W0 �e o2ca mm THENT-AfE.OF ac.G'§ TY OF y=`` BF-kgli ME, the undersigned authority, a Notary Public in and for said County and State ,on_rif.I �& per appeared DOYLE CHAMPION, known to me to be the person ,+whose rame,.is subscribed to the foregoing instrument and acknowledged to me that he executed tresame fo'r the purposes and consideration herein expressed. GIV DER MY IAND AND SEAL OF OFFICE this 1996. I�t �tary Public in and f the State of My Commission Expires: a� 9 day of CONTRACT OF SALE COLEMAN ADDITION -- PAGE 8 THE STATE OF (�A-aA COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared JIMMY CHA.NTION, 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 herein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 0 lsst day of 1996. C My Commission THE STATE OF JaaA=J § COUNTY OF "661ab § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared WANDA WHITENER, 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 herein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4-VfA- day of Move rn t�:)r r , 1996. "1 P`,*e DEBSE GARZA NdwPL60C otary Public in and foqhe Sta of a & 5 STATE OF TEXAS MyCwm Eq. A?ffl 2, tie My Commission Expires; 1l-2 -0 CONTRACT OF SALE COLEMAN ADDITION---- PAGE 9 THE OF COUNTYOF i► ►' BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared MARSA LANE, 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 herein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this to fn day of 11) clg-Y s� , 1996. My Commission Expires:1„gA-r dotp/ THE STATE OF ece,0/la_10 § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared BARBARA ROSS, 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 herein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Dc , 1996. Notary Public in and for the Mato of My Commission Expires' G , - L `0" o CONTRACT OF SALE COLEMAN ADDITION---- PAGE 10 A THE STATE OF k&VI�— COUNTY OF ` BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared VICKIE CHAMPION, 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 herein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this da_y of 1996 xl� MOM Notary Viffi!W-ihland for the State of WCrow-foo EVihs/y f 19,t�99 My Commission Expiies: Apk colman.doc W-ContsAgmts/September 20, 19986 CONTRACT OF SALE COLEMAN ADDITION ---- PAGE 11