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HomeMy WebLinkAboutResolution - 4185 - Sales Contract - Lewis L & Frances P Gilbert - Lot 1, Gilbert Addition - 06_24_1993Resolution No. 4185 June 24, 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 pub- lic 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 69th Street from Slide Road Westward to 66th Street; 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: Lot 1, Gilbert Addition to the City of Lubbock, 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 improvements thereon for the sum of $96,000.00. SECTION 3. THAT if the above Contract of Sale is not executed by July 1, 1993, by all of the Owners of the above described property, such Owners being LEWIS LEE GILBERT and his wife, FRANCIS PAULINE GILBERT, the City Attor- ney 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. SECTION 4. THAT funding for the acquisition by the City of Lubbock of the above -described property and improv e is shall be from the Street Capital Projects Fund, Unreserved-Undesignatedoun which shall be reimbursed from funds collected as a result of the Oct 1993 nd sale - Passed by the City Council this 24th t d ATTEST: etty M.Johnson, City Secretary APPROVED AS TO CONTENT: Ed ucy,Right-of-Way Department HW:js/GILBERT.RES D1-Agenda/May 26, 1993 e APPROVED AS TO FORM: A4:i�A Harold iar , Assistant City Attorney Resolution No. 4185 June 24, 1993 Item #26 THE STATE OF TEXAS § CONTRACT OF SALE COUNTY OF LUBBOCK § This Contract of Sale is made by and between LEWIS LEE GILBERT and his wife, FRANCIS PAULINE GILBERT, (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"). R E C I T A L S: 1. SELLERS own Lot 1, Gilbert Addition to the City of Lubbock, Lubbock County, Texas, and all improvements located upon said real property. 2. SELLERS desire to sell and CITY desires to buy the above described real property and some of the improvements thereon, herein collectively referred to as "the GILBERT PROP- ERTY,19 free and clear of all liens, claims and encumbrances, 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 PrORerty: Lot 1, Gilbert Addition to the City of Lubbock, 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 all improvements thereon except as otherwise expressly stated in this Contract. B. Improvements: This Agreement is to sell and convey the real property which remains on the premises after January 15, 1994. II. CONSIDERATION BUYER shall pay to SELLERS for the above -described prop- erty and improvements the following sum: NINETY-SIX THOUSAND AND N01100 DOLLARS ($96,000.00) cash to be paid by BUYER to SELLERS jointly at closing. CONTRACT OF SALEA ENIS GILBERT ET UX --- PAGE 2 --- 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. 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 pro- vided, or which may appear at the time of closing, including a general warranty deed from the SELLERS. CONTRACT OF SALE/LEWIS GILBERT ET U% .. PAGE 3 --- 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 Gilbert Property shall be on or before July 23, 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. 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 CONTRACT OF SALE/LEWIS GILBERT ET UX --- PAGE 4 --- those representations made in a general warranty deed and bill of sale in the standard form provided by the State of Texas. SELLERS herein give no warranty as to the condition of any improvements being conveyed. 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: LEWIS LEE GILBERT FRANCIS PAULINE GILBERT 6904 Slide Road Lubbock, Texas 79424 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. MOVING EXPENSES SELLERS are solely responsible for all of their moving ex- penses incurred in vacating the Gilbert Property and removing therefrom those improvements not conveyed to BUYER.. CONTRACT Of SALE/LEWIS GILBERT ET UI% --- PAGE 5 --- XI. 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 July 23, 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 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: SELLERS are to have the property vacated on or before January 15, 1994. B. Entire Agreement: This Contract embodies the entire agreement and understanding of the parties and supersedes CONTRACT OF SALEAEYIS GILBERT ET UX --- PAGE 6 --- 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 24th day of June , 1993. LEWIS LEE GILBERT C��rs�"�i��i :: ►.lei D R. LANGST01N, MAYOR SELLERS: FRANCIS PAULINE GILBERT BUYER: ATTEST: &t�,- Bettt 14. Jo son, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right —of -Way Agent APPROVED AS TO FORM: 'a Harold Willard, Assistant City Attorney CONTRACT Of SALE/LEWIS GILBERT ET UX --- PAGE 7 --- 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 UNDER MY HAND AND SEAL OF OFFICE this of , 1993. Notary Public in and for the State of Texas My Commission Expires: THE STATE OF TEXAS COUNTY OF LUBBOCK day BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared LEWIS LEE GILBERT, 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 T -/ , 1993 . +° EDWARD WU" WCY Notary Public in and for 01-w- 9 PwW rft% of Team the State of Texas Ih C--bebw &VIM 11-21.9S My Commission Expires: r CONTRACT OF SALEAEWIS GILBERT ET UX --- 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 FRANCIS PAULINE GILBERT, 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 consider- ation therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of J� N i- , 1993. OOM00 � n •°��+ EOWARD WILSON DUCY 1, ® N.tery rvY sk" al tvw Notary Public in and for My GTTIrbw &WAr" 11-21." the State of Texas My Commission Expires: HW:js/K-GIL.BRT.DOC 1)6-ContsAgmts/Hay 25, 1993 CONTRACT OF SALE/LEWIS GILBERT ET UX --- PAGE 9 ---