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HomeMy WebLinkAboutResolution - 4119 - Sales Contract - Robert C & Lavonne Baxter - Future Water Treatment Plant - 04_08_1993Resolution No. 4119 April 8, 1993 Item #26 RESOLUTION 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 purposes and public purposes, to -wit: for the construction of a water treatment plant, reservoir and pump- ing facility; 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 municipal purposes and public purposes as set forth in the preamble hereof, to -wit: The Southwest Quarter (SW/4) of Section Twenty (20), Block A-K, 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 prop- erty and the improvements thereon for the sum of $320,000.00 and other consideration. SECTION 3. THAT if the above Contract of Sale is not executed by April 12, 1993, by all of the Owners of the above described property, such Owners being ROBERT C. BAXTER and his wife, LaVONNE BAXTER, the City Attorney of the City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said property for the municipal purposes and public purposes as aforesaid. Passed by the City Council this 8 * day ATTEST: &m" )I QL etty o nso , City Secretary APPROVED AS TO CONTENT: E Bucy, Ri7ght-of-Way Agent HW:js/BAXTER.RES D2-Agenda/rev. March 31, 1993 APPROVED AS TO FORM: Htfold Willard, Assistant City Attorney 1993. Resolution No. 4119 April 8, 1993 Item #26 THE STATE OF TEXAS § CONTRACT OF SALE COUNTY OF LUBBOCK § This Contract of Sale is made by and between ROBERT C. BARTER and his wife, LaVONNE BARTER, (referred to herein as "SELLERS") and the CITY OF LUBBOCK, TEXAS, a Home Rule Munici- pal Corporation of Lubbock County, Texas, (referred to herein sometimes as "BUYER" and sometimes as "CITY"). R E C I T A L S: 1. SELLERS own approximately 160 acres of land, more or less, located in Lubbock County, Texas, and all improvements located upon the land. 2. SELLERS desire to sell and CITY desires to buy the above described property, herein referred to as "the BARTER FARM," free and clear of all liens, claims and encumbrances other than those described in Article I.A. below, and upon the terms and conditions hereinafter set forth. A G R E E M E N T: I. PROPERTY 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: Approximately 160 acres of land, more or less, and more particularly described as follows: The Southwest Quarter (SW/4) of Section Twenty (20), Block A-K, 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. SELLERS reserve all other oil, gas and minerals unto themselves. This Agreement to sell and convey property specifically includes the real property above described together with all the rights and appurtenances pertaining thereto and all improvements thereon. B. Improvements: This Agreement to sell and convey the real property above described shall specifically include irrigation wells, underground tile and any other improvements situated on such real property. II. CONSIDERATION BUYER shall pay to SELLERS for the above -described prop- erty and improvements the following sums: CONTRACT OF SALE/BARTER -- PAGE 2 -- A. Purchase Price: THREE HUNDRED TWENTY THOUSAND AND N0/100 DOLLARS ($320,000.00) cash to be paid by BUYER to SELLERS jointly at closing. B. Payment for Current Crop Expense: In addition to the purchase price, BUYER shall pay to SELLERS the sum of SIX HUNDRED ELEVEN AND 44/100 DOLLARS ($611.44) for 1993 crop fertilizer expense. EVIDENCE OF TITLE The title commitment and policy will be issued from the title company selected by BUYER. IV. TAXES It is understood that the ad valorem taxes for 1992 and all previous years have been paid and that prorated taxes for 1993 to the date of closing will be paid by SELLERS. V. CONDITIONS PRECEDENT 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. A title policy is issued in favor of BUYER as herein - above set forth. CONTRACT OF SALE/BAXTER -- PAGE 3 -- B. BUYER is able to secure from SELLERS such legal docu- ments as may be required to consummate this transaction, including the acquisition of good and indefeasible title to the property which is the sub- ject 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 herein described real property shall be on or before April 30, 1993. VI. CONTRACT BINDING 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, execu- tors, successors and assigns. VII. PLACE OF PERFORMANCE The parties agree that all payments, remedies and condi- tions performable under the terms of this Contract shall be payable and performable in Lubbock County, Texas. CONTRACT OF SALE/BAXTER -- PAGE 4 -- VIII. PROPERTY ACCEPTED AS IS BUYER represents that it has inspected the real property to be conveyed and agrees to accept such property and all improvements thereon conveyed AS IS, WHERE IS and WITH ALL OF THEIR FAULTS; and said property and improvements are being sold without any warranty as to quality or fitness, save and except those representations made in a general warranty deed and bill of sale in the standard form provided by the State of Texas. SELLERS do not warrant as to the total footage of underground pipe; the condition of any improvements; or the total acreage or boundaries of the real property. IS. NOTICE Any notice given or made for any purpose pursuant to this Contract shall be valid only if in writing and sent by certi- fied mail, return receipt requested, postage prepaid, addressed as follows: If to SELLERS: ROBERT and LaVONNE BAXTER 5506 20th Street Lubbock, Texas 79407 If to BUYER: Mr. Ed Bucy Right -of -Way Agent CITY OF LUBBOCK P. O. Box 2000 Lubbock, Texas 79457 CONTRACT OF SALE/BARTER -- PAGE 5 -- 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. %. CROPS It is understood and agreed that all of SELLERS' interest in the crops for the year 1993 and the proceeds of sale from all such crops belong to and shall become the property of BUYER upon closing and that BUYER shall assume at closing all of the SELLERS' obligations as Lessor under the current crop lease. %I. REALTOR BUYER and SELLERS represent to each other that neither party has retained a licensed realtor or broker with respect to this Contract of Sale and no realtor or broker fees are due to any party. CLOSING 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 April 30, 1993. Closing shall take place at the downtown office of Ser- vice Title Company of Lubbock, Texas, or such other place as the parties may mutually agree. At the time of closing, all CONTRACT OF SALE/BAXTER -- PAGE 6 -- 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. GENERAL CONDITIONS A. Possession: BUYER shall acquire the right to possess, own and operate the BARTER FARM as of the date of closing. BUYER understands that KELLEY THOMAS d/b/a TRT FARMS, is the tenant farmer for 1993. B. Entire Agreement: This Contract embodies the entire agreement and understanding of the parties and supersedes any and all prior letters of intent, agreements, arrange- ments and understandings relative to the subject matter hereof. C. Counterparts: This Contract may be executed in one or more counterparts, each of which shall be effective as an original. IN WITNESS WHEREOF, the parties hereto have executed this Contract of Sale, effective this 8th day of April , 1993. �T ROBERT C. BAXTER SELLERS: LaVVONNE BAXTER CONTRACT OF SALE/BAXTER -- PAGE 7 -- 'R: ATTEST: etty . Johroon, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right of -Way Agent APPROVED AS TKO^ FORM: Yy , Harold Willard, Assistant City 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 DAVID R. LANGSTON, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instru- ment and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capac- ity therein stated as the act and deed of the City of Lubbock. GIVEN U DER MY HAND AND SEAL OF OFFICE this day of 1993. 1--fn oIzz 1 tary Public in an fo the State of Texas My Commission Expires: 04 Q3lq CONTRACT Of SALE/BARTER -- PAGE 8 -- 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 ROBERT C. BAXTER, 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 and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this of '}%>2 rC , 1993. _ EDWARD W11iON WCY Notary /va,1k, Sk" of taxes 4� My Commirlan 6Mhs� 11.21.95 THE STATE OF TEXAS COUNTY OF LUBBOCK 5- L, Notary Public in and for the State of Texas day My Commission Expires: r(-�' _� r- BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared LaVONNE BAXTER, known to me to be the person whose name is sub- scribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this S'�� day of ,4/�2� , 1993. EDWARD W%SON WCY Notary Public in and for Notary www Some of Tozoo the State of Texas My ComWasiwt Ugbw 11-21-N air My Commission Expires:9r- HW:js/K-BAXTER.DOC D6-ContsAgmts/rev. March 22, 1993 CONTRACT OF SALE/BAXTER -- PAGE 9 --