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HomeMy WebLinkAboutResolution - 4326 - Option Contract & Memo Of Option - Anderson Farm - 640 Acres - 11_18_1993Resolution No. 4326 November 18, 1993 Item #15 RESOLUTION 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 an Option Contract and Memorandum of Option for the Anderson Farm, 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 ATTEST: &�� Bett vM. Johntlon, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: H-&r6ld Willard," Assistant City Attorney HW:da/AGENDA-D1/C-ANDRSN.res rev. November 4, 1993 1 � Resolution No. November 18, 1993 Item #15 THE STATE OF TEXAS § COUNTY OF LUBBOCK § AN OPTION CONTRACT This Agreement is made and entered into and executed as of this 18th day of November , 1993, by and between the CITY OF LUBBOCK, TEXAS, hereinafter referred to as "BUYER," and EDMOND A. ANDERSON and his wife, HELEN L. ANDERSON, both of Lubbock County, Texas; HENRY LOUIS ANDERSON, of Colorado County, Texas; ERIC V. ANDERSON and his wife, FRIEDA ANDERSON, both of Williamson County, Texas; L. WILMER ANDERSON and his wife, MARGARET ANDERSON, both of Harris County, Texas; LESTER ALEXANDER ANDERSON II, of Nueces County, Texas, and LOUIS CARL ANDERSON, of Kleberg County, Texas; MARY ELIZABETH ANDERSON DURANT, of Harris County, Texas; and BESSIE LOUISE ANDERSON TAVASKA, of Harris County, Texas, collectively hereinafter referred to as "SELLERS" (Anderson Farm). WITNESSETH: WHEREAS, SELLERS own certain real property situated in Lubbock County, Texas, and hereinafter described; and WHEREAS, BUYER desires to obtain from SELLERS an option to purchase such real property; NOW THEREFORE: For and in consideration of the payment of the sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) by BUYER to SELLERS, the receipt whereof is hereby acknowledged, the parties agree as follows: GRANT OF OPTION SELLERS irrevocably grant to BUYER the exclusive option to purchase, at BUYER'S option, the real property owned by SELLERS and described as follows: All of Section 1, Block P, Abstract No. 617, GC & SF Ry. Co. Survey, Lubbock County, Texas, containing approximately 640 acres more or less. TERM AND EXTENDED TERM OF OPTION This option shall continue in effect until noon on the 365th day following the date of execution of this Agreement and may be exercised in accordance herewith at any time on or before its expiration; provided, however, that this option may be extended for an additional one (1) year term and expire at noon on the 730th day following the date of execution of this Agreement if BUYER, before the end of the first year option period, pays to SELLERS, in addition to the FORTY- EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) paid on the execution hereof, the further sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) as additional option payment; and this option may be further extended for an additional one (1) year term and expire at noon on the 1095th day following the date of execution of this Agreement if BUYER, before the end of the second year option period, pays to SELLERS, in addition to the NINETY-SIX THOUSAND AND NO/100 DOLLARS ($96,000.00) previously paid, the further sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) as additional option payment; and this option may be further extended for an additional one (1) year term and expire at noon on the 1460th day following the date of execution of this Agreement if BUYER, before the end of the third year option period, pays to SELLERS, in addition to the ONE HUNDRED FORTY-FOUR AN OPTION CONTRACT -- ANDERSON - Page 2 THOUSAND AND NO/100 DOLLARS ($144,000.00) previously paid, the further sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) as additional option payment. FAILURE TO EXERCISE OPTION If, prior to noon on the 365th day following the date of execution of this Agreement, BUYER does not pay the additional option payment of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) described herein and necessary to extend the option period to 730 days, the SELLERS shall retain the sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) paid on the date of execution hereof as the consideration for this exclusive option. IF the BUYER pays the additional option payment of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) described herein and necessary to extend the option period to 730 days, but does not exercise this option prior to noon on the 730th day from the date of execution of this Agreement, the SELLERS shall retain the option money and the additional option money, a total of NINETY-SIX THOUSAND AND NO/100 DOLLARS ($96,000.00) as the consideration for this option being in effect until noon on the 730th day following the date of execution hereof. If the BUYER pays the additional option payment of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) described herein and necessary to extend the option period to 1095 days, but does not exercise this option prior to noon on the 1095th day from the date of execution of this Agreement, the SELLERS shall retain the option money and the additional option money, a total of ONE HUNDRED FORTY-FOUR THOUSAND AND NO/100 DOLLARS ($144,000.00) as the consideration for this option being in effect until noon on the 1095th day AN OPTION CONTRACT -- ANDERSON - Page 3 following the date of execution hereof. If the BUYER pays the additional option payment of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) described herein and necessary to extend the option period to 1460 days, but does not exercise this option prior to noon on the 1460th day from the date of execution of this Agreement, the SELLERS shall retain the option money and the additional option money, a total of ONE HUNDRED NINETY-TWO THOUSAND AND NO/100 DOLLARS ($192,000.00) as the consideration for this option being in effect until noon on the 1460th day following the date of execution hereof. IV. EXERCISE OF OPTION This option may be exercised at any time during the aforesaid periods by written notice to SELLERS delivered in person or by certified mail, return receipt requested. V. PURCHASE PRICE In the event BUYER elects to exercise this option and purchase the property herein described, the purchase price shall be ONE THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($1,300.00) per acre payable as follows: (a) The sum or sums paid for this option shall be credited against the purchase price; and (b) The balance of the purchase price shall be paid at closing, in cash. AN OPTION CONTRACT -- ANDERSON - Page 4 VI. CLOSING DATE Unless otherwise agreed, the purchase of the property herein described shall be closed by SELLERS and BUYER within ninety (90) days after receipt of written notice of the exercise of this option. VII. DEED AND TITLE INSURANCE A. If the BUYER exercises this option, the SELLERS shall convey title to the real property to the BUYER or the BUYER's nominee or assignee by good and sufficient General Warranty Deed warranting such title to be free and clear of all liens, charges and encumbrances, clouds and defects whatsoever, except for mineral reservations (if any) made in favor of SELLERS' predecessors in title, and easements of record in Lubbock County, Texas. B. BUYER shall obtain, at its own election and expense, an Owner's Policy of Title Insurance issued by Service Title Company of Lubbock, Texas, and tax certificates showing no delinquent taxes. (If closing occurs between January 1 and April 1, BUYER will pay all taxes due for the year in which the property is purchased. If closing occurs after April 1, the taxes payable for the year in which closing occurs shall be prorated between SELLERS and BUYER to the date of closing in the event BUYER exercises this option to purchase the property.) Said Owner's Policy and Title Insurance shall be obtained prior to when the sale is closed. Said closing date may be extended if attorneys for the title company discover objections to the title, in which case the sale shall be closed when such objections are removed, provided the objections are removed within a reasonable AN OPTION CONTRACT -- ANDERSON - Page 5 time, which in no event shall extend beyond thirty (30) days from the original closing date. Closing shall be in Lubbock, Texas, at Service Title Company. Vill. POSSESSION SELLERS shall deliver possession of the property herein described to BUYER as of the date of closing, or on completion of harvest, if harvest occurs after closing, subject to the provisions contained in paragraph XI of this Agreement. IX. MINERALS The conveyance herein contemplated shall include the oil, gas and other minerals owned by SELLERS and which are in, on, under or produced from such land. X. IMPROVEMENTS SELLERS shall have the right to remove any and all personal property, including but not limited to, pumps, water pipe, equipment and the like from the property herein described, which removal shall occur on or before closing. Anything normally characterized as part of the real estate, such as barns, houses and structures shall not be removed by SELLERS, but shall be and remain with the land and become the property of BUYER at closing. The residential structure located on the property is not owned by SELLERS, but SELLERS herein recognize and acknowledge the City's right to negotiate with such structure's owner for its acquisition and/or removal. BUYER will be responsible for any costs or expenses associated with the acquisition and/or removal of the residence. AN OPTION CONTRACT -- ANDERSON - Page 6 XI. CROPS Should closing occur after January 1 but on or before April 1 of any year this Agreement is in effect, then and in that event, full possession of the property shall be delivered to BUYER and BUYER shall assume all rights of SELLERS in and to any existing crops and government payments that have accrued. However, notwithstanding anything to the contrary herein contained, should closing occur after April 1 but on or before January 1 of any year this Agreement is in effect, then and in that event the SELLERS shall retain all of their interests in and to the said corps for such period. In the event SELLERS have retained their interests in such crops and BUYER requires delivery of all or part of the property herein described prior to the time all such crops are harvested, then and in that event, BUYER shall give to SELLERS ten (10) days written notice that early possession is necessary and describe with particularity the acreage required. If it becomes necessary to destroy some of the crops, then and in that event, BUYER shall pay SELLERS and their tenants (if any) jointly a sum of money for such loss of crops based upon the amount of crops harvested on the balance of the tract and the average prices per pound received by SELLERS for such balance of the crops harvested. If it becomes necessary to destroy all of the crops, then and in that event, BUYER shall pay SELLERS and SELLERS' tenants (if any) jointly a sum of money for such loss of crops based upon production averages for the previous five (5) years at cotton and grain prices in effect at the time of possession. Such payment shall be made by BUYER not later than thirty (30) days following delivery by SELLERS to BUYER of verifiable crop production and pricing information and a demand for payment. AN OPTION CONTRACT -- ANDERSON - Page 7 Under no circumstances shall SELLERS or SELLERS' tenants (if any) have any rights to the real property herein described or the crops thereon after January 1 of the year following the year in which this option is exercised. SELLERS shall immediately notify their tenants (if any) of the execution of this Agreement and the effect on their rights as tenants in and to the property. U.S. Department of Agriculture A.S.C.S. deficiency payments for the year preceding the year in which the property is purchased will belong to SELLERS. XII. SURVEY In the event, and only in the event, it becomes necessary that a survey be made of the property which BUYER has the option to purchase under this Agreement, BUYER shall pay all surveying costs and expenses incurred. SELLERS shall have no responsibility for the payment thereof. Such survey shall be performed by a surveyor licensed by the State of Texas, and shall contain written certification of the number of acres to be conveyed. If a survey is made, the total purchase price shall be determined by multiplying the number of acres certified by the purchase price per acre. M ENVIRONMENTAL AND OTHER STUDIES In the event BUYER deems its necessary, it may, at its sole option and expense, order any environmental, ground water (geotechnical), historical, cultural or archaeological assessment studies of the property. Such studies might include the drilling of water monitor wells, soil core sampling, picture taking, record researching and surface examination. In the event BUYER does deem any of such AN OPTION CONTRACT -- ANDERSON - Page 8 studies necessary, SELLERS agree to permit BUYER and its agents ingress to and egress from the property. XIV. DEFAULT In the event SELLERS should fail or refuse to carry out and consummate this Agreement for any reason, then BUYER may enforce this Agreement by an action for specific performance or, at BUYER'S option, SELLERS shall refund to BUYER any sums hereunder paid by BUYER to SELLERS. It is agreed that if the title to the property herein described is unmarketable and cannot be rendered marketable by the exercise of due diligence within the period of time set out herein, and BUYER does not waive the obstacles to marketability, then this transaction shall be terminated and the funds deposited with SELLERS shall be returned to BUYER, together with interest at the rate in effect for U.S. Treasury bills on the date of termination. XV. BENEFIT This Agreement shall be binding upon and inure to the benefit of the BUYER and the SELLERS and their respective heirs, successors and assigns. Specifically, BUYER may assign all or any part of this Agreement. XVI. Attached to this Agreement and incorporated herein by reference is a list of SELLERS, their addresses, social security numbers, and percent of ownership in the property which may be purchased by BUYER under this Contract. Option AN OPTION CONTRACT -- ANDERSON - Page 9 payments shall be paid by BUYER by U.S. mail to each SELLER listed in amounts equal to their percent of ownership of the property. IN WITNESS WHEREOF, the parties have hereto signed this Agreement as of the date first stated herein. ��j �L r✓t.L�L� � � (.-��iw� EDMOND A. ANDERSON HENR LOUIS ANDERSON ERIC V. ANDERSON L. WILMER ANDERSON LjlFFAAII."�'Wffil II ; ��,��� i� 11 11,� q spin rm-MMI I .; - 14 SELLERS: 7� �-� �7t HELEN L. ANDERSON ,,RIEDA ANDERSON MA I .-�� ANDERSON �, ,. .. %,.� .1 rl r • AN OPTION CONTRACT -- ANDERSON - Page 10 RUYFR- ADDRESS: P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 ATTEST: %I Betty M. Johnsdh, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right-of-yVay Agent APPROVED AS TO FORM: arold Willard; Assistant City Attorney AN OPTION CONTRACT -- ANDERSON - Page 11 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared EDMOND A. ANDERSON, 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 6'4CI day of p £c l M 4Y'L , 1993. oAasa000 a` EDWARD WILSON WCY N~y Public, fhM Of Tim My G,nmlrMn lykM 11.21-03 in 11"Comii THE STATE OF TEXAS § COUNTY OF LUBBOCK § Nota6y Public, Lubbock County, T as BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared HELEN L. ANDERSON, 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 6 4-"1 day of OCC I-.r 0ul- , 1993. a�aoaoao EDWARD WItSON WCY ro v Notary Public, :%.+T"" Notary Public, Lubbock County, Texas My Commiwhn Expires I1.21-93 �f! OF �t r AN OPTION CONTRACT -- ANDERSON - Page 12 THE STATE OF TEXAS S COUNTY OF COLORADO S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared HENRY LOUIS ANDERSON, 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 yi?1 13 W , 1993. Notary Public, Colorado County, Texas Ap.Y pA,� MARK FRIEDRICH NOTARY PUBLIC, STATE OF TEXAS MY COMMISSION EXPIRES DECEMBER 16, 1995 AN OPTION CONTRACT -- ANDERSON - Page 13 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared ERIC V. ANDERSON, 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 %yp 06A G e 4 1993. 1 AMOS PETERS, JR. COMMISSION EXPIRES JANUARY 31 1997 ' THE STATE OF TEXAS COUNTY OF WILLIAMSON AND SEAL OF OFFICE thisA-0 Ole ^� day of Notary Public, Williamson (rounty, Texas BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared FRIEDA ANDERSON, 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 .eV' day of NovE MBFia. , 1993. L(7-O0 AMOS PETERS, JR.COMMISSION EXPIRES JANUARY31 Notar ublic, W liamson Cou t , ,19sr v y Texas AN OPTION CONTRACT -- ANDERSON - Page 14 3 THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared L. WILMER ANDERSON, 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. IVEN UDER MY HAND AND SEAL OF OFFICE this day of dtX C 1993. N�#y PL614 3 • w2 THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared MARGARET ANDERSON, 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 U DER MY HAND AND SEAL OF OFFICE this ��day of 1993. N ry Public, rris C6jnty, Tjxas AN OPTION CONTRACT -- ANDERSON - Page 15 THE STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared LESTER ALEXANDER ANDERSON II, 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 6 e e , 1993. •'=r LOU KRUEGER TW64a Public, Nijeceg Cbunty, Texas +�f Exp. 218-96. .f.o;;•,�,,. THE STATE OF TEXAS § COUNTY OF KLEBERG § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared LOUIS CARL ANDERSON, 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 ,,-F day of 1993. Notary Public, Kleb g Coun y, Texas ' = LOU KRUEGER TII' . ��>```; �,. TON Exp. 2.18-96 AN OPTION CONTRACT -- ANDERSON - Page 16 THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared MARY ELIZABETH ANDERSON DURANT, 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 �Z (I— day of , 1993. LANA L. vM 106Y C?Ib;RS No rLiay 6,1995 y Public, Harris County, Texas THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared BESSIE LOUISE ANDERSON TAVASKA, 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 x `{ day of kb 1,--ram6e--? C -- , 1993. Notary Public, Harris County, Texas SANDRA A. ...ram WILDER MY COMMISSION EXPIRES 1�f •1E4F' May 24, 1996 AN OPTION CONTRACT -- ANDERSON - Page 17 I ANDERSON FARM SELLERS, ADDRESSES, SOCIAL SECURITY NUMBERS, & PERCENT OF OWNERSHIP 1. Edmond A. Anderson -Route 15, Box 580, Lubbock, Texas 79415 450-70-9980 20% 2. Henry Louis Anderson-P. 0. Box 158, Columbus, Texas 78934 298-20-2986 20% 3. Eric V. Anderson- Route 1, Box 137, Taylor, Texas 76574 463-60-4890 20% 4. L. Wilmer Anderson-2913 Amherst Houston, Texas 77005 454-03-6539 20% 5. Lester Alexander Anderson II- 9562 Waxwing Corpus Christi, TX. 78418 454-76-2711 05% 6. Mary Elizabeth Anderson Durant- 3723 Tree Manor Lane Kingwood, Texas 77345 454-76-2713 05% 7. Louis Carl Anderson- P. 0. Box 5005, Kingsville, Texas 78363 454-76-2712 05% S. Bessie Louise Anderson Tavaska- 15835 Knoll Lake Drive, Houston, Tx. 77095 454-76-2709 05% '0 i THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said State, on this day personally appeared DAVID R. LANGSTON, 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, in his capacity as Mayor of the City of Lubbock, and as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 6(zrh br--� , 1993. ........... BEATRICE CcRVANTEZ Notary Public, State of Texas �..•• Idr Commission Expires 1017_96 HW:daA-D 10/C-ANDRSN.doc rev. October 7, 1993 Notary Public, Lubbock Cklunty, Texas AN OPTION CONTRACT -- ANDERSON - Page 18 U0 W1 E� i sucy r'-0-'0d 42315 MEMORANDUM OF OPTION STATE OF TEXAS COUNTY OF LUBBOCK Resolution No. November 18, 1993 Item #15 VOL 4413PAc[ 40 This Memorandum of Option is executed concurrently with an Option Contract, and both this Memorandum and the Option Contract constitute an agreement between EDMOND A. ANDERSON, HELEN L. ANDERSON, HENRY LOUIS ANDERSON, ERIC V. ANDERSON, FRIEDA ANDERSON, L. WILMER ANDERSON, MARGARET ANDERSON, LESTER ALEXANDER ANDERSON II, LOUIS CARL ANDERSON, MARY ELIZABETH ANDERSON DURANT and BESSIE LOUISE ANDERSON TAVASKA, jointly referred to herein as Optionors, and the City of Lubbock, Texas, a home rule municipality, referred to herein as Optionee, concerning the following real property situated in Lubbock County, Texas: All of Section 1, Block P, Abstract No. 617, GC & SF Ry. Co. Survey, Lubbock County, Texas, together with all mineral interests owned by Optionors as of the date of this Memorandum. For valuable consideration described in the Option Contract, Optionors hereby grant to Optionee the exclusive right and option to buy the above described property at a price and under the terms and conditions expressed in the Option Contract. This option shall expire on the 1460th day following the date of execution of this Memorandum, and, unless exercised or extended prior to the above date of expiration, Optionee shall have no further interest in the property. VOL 4413PAGE 41 Executed this h day of County, Texas. OPTIONORS: EDMOND A. ANDER ON i1liLi L� - .Aw-' N("v�_m6U2- 1993, in Lubbock ELEN L. ANDERSON Cf .� ✓ ERIC V. ANDERSON F IEDA ANDERSON L. ILMER ANDERSON & Z�.� LL, -u- LESTER AL XANDER ANDERSON II MARYLIZtNBETH ANDERSON LDUaRAaN4 86ESSIE L4061'SC EANDER SWOONW TAVASKA MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 2 m 4413PAGE 42 OPTIONEE: ATTEST: Betty W. Johnson ity Secretary APPROVED AS TO CONTENT: Ed Bucy, Right-o Way Agent APPROVED AS TO FORM: Harold Willard, Assistant City Attorney MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 3 VOL 4413PAGE 43 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared EDMOND A. ANDERSON, 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 64A day of D1C!Ffvk n vL , 1993. Eel SEAL� EDWARD WUSON NJ" NeNry►vb11c,Swe.fTexw Notary Public, Lubbock County, Texat cemmissl.n eyr..11.71-0f THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared HELEN L. ANDERSON, 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 thisay of Ofc 5-"In W , 1993. SEA EDWARD WUON WXY Nstery hblfc, fhN of Tenes Notary Public,Lubbock County, Te s ♦ My Commission Upim I1-21-95 4 ♦ft or �t MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 4 voL 4413PAGE 44 THE STATE OF TEXAS S COUNTY OF COLORADO S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared HENRY LOUIS ANDERSON, 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 thisi,--t-/a day of 011-11 Jt3?le , 1993. otary Public, Colorado County, Texas MARK FRIEDRICH r r` ° NOTARY PUBLIC, STATE OF TEXAS MY MMIMISSIO[d EXPIRES " DECEMBER 16, 1995 MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 5 V�31 4412'p f 45 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared ERIC V. ANDERSON, 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 1%>vEM$ En_ , 1993. W]gfl , JR. SEAL PIRES1997 Notary —Public, Williamson ou ty, Texas THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared FRIEDA ANDERSON, 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. PIVEN UNDER MY HAND AND SEAL OF OFFICE this ZZAP day of ! PUt'-AW3eA 1993. M19fl SEAL .SNota ublic, Williamson Co ty, Texas MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 6 v0L 4413PAcE 46 THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared L. WILMER ANDERSON, 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 U DER MY HAND AND SEAL OF OFFICE this day of 1993. SEAL N ry Public, arri unty, Texas THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared MARGARET ANDERSON, 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�UDER MY HAND AND SEAL OF OFFICE this d y of 1993. - N y Public, arris ounty, Texas MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 7 VOL 4413?ACE 47 THE STATE OF TEXAS S COUNTY OF NUECES § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared LESTER ALEXANDER ANDERSON II, 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 1993. SEAL =`gyp LOU KRUEGER TIPTON � of ry Publi , Nue s o(jnfy, Texas Exp. 2-18 96 THE STATE OF TEXAS § COUNTY OF KLEBERG § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared LOUIS CARL ANDERSON, 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 3 o-7'1 day of ooPm aR? , 1991 SEAL Wotary Public, Kldberg Co-(jnty, Texas LOU KRUEGER TIPTON Exp. 2.18-96. MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 8 oL 4411 PAcf 48 THE STATE OF TEXAS S COUNTY OF HARRIS S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared MARY ELIZABETH ANDERSON DURANT, 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-----F-- day of 1993. SEAL LA X A L. SMITH A;f Ci_`i." "'�l EMUS otary Public, Harris County, Texas May 6, r. THE STATE OF TEXAS S COUNTY OF HARRIS S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared BESSIE LOUISE ANDERSON TAVASKA, 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 ��4' �, day of iUG✓fit z"P , 1993. i SEAL Notary Public, Harris County, Texas SANDRA A. WILDER My COMMISSION EXPIRES May 24, 19% MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 9 voL 4413PAGE 49 THE STATE OF TEXAS S COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said State, on this day personally appeared DAVID R. LANGSTON, 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, in his capacity as Mayor of the City of Lubbock, and as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1993, IFATPJCE CERYAlI M SE lOnPdk IftrIm Notary Public, Lubbock Ounty, Texas of an"M too a" HW:da/ID10/MO-ANORS.doc November 4, 1993 33 UEC 6 1. 1 : 36 STATE OF TEXAS COUNTY OF LUB6OCK V heretr comity that t` ,s instrurnent was FILED on the date and at the time star^ped here°" by me and was duly RECCRI7E0 fn the Vojurje an Pa,9 as t pad hereon tyy me. Records of Lubock County, DEC 6 1993 _ ( COUNTY CLERK llnnll LUBBOCK COUNTY] TOLLS MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 10 Resolution No. 4 3 Lto November 18, 1993 Item #15 THE STATE OF TEXAS § AN OPTION CONTRACT COUNTY OF LUBBOCK § This Agreement is made and entered into and executed as of this 18th day of November , 1993, by and between the CITY OF LUBBOCK, TEXAS, hereinafter referred to as "BUYER," and EDMOND A. ANDERSON and his wife, HELEN L. ANDERSON, both of Lubbock County, Texas; HENRY LOUIS ANDERSON, of Colorado County, Texas; ERIC V. ANDERSON and his wife, FRIEDA ANDERSON, both of Williamson County, Texas; L. WILMER ANDERSON and his wife, MARGARET ANDERSON, both of Harris County, Texas; LESTER ALEXANDER ANDERSON II, of Nueces County, Texas, and LOUIS CARL ANDERSON, of Kleberg County, Texas; MARY ELIZABETH ANDERSON DURANT, of Harris County, Texas; and BESSIE LOUISE ANDERSON TAVASKA, of Harris County, Texas, collectively hereinafter referred to as "SELLERS" (Anderson Farm). WITNESSETH: WHEREAS, SELLERS own certain real property situated in Lubbock County, Texas, and hereinafter described; and WHEREAS, BUYER desires to obtain from SELLERS an option to purchase such real property; NOW THEREFORE: For and in consideration of the payment of the sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) by BUYER to SELLERS, the receipt whereof is hereby acknowledged, the parties agree as follows: 1. GRANT OF OPTION SELLERS irrevocably grant to BUYER the exclusive option to purchase, at BUYER'S option, the real property owned by SELLERS and described as follows: All of Section 1, Block P, Abstract No. 617, GC & SF Ry. Co. Survey, Lubbock County, Texas, containing approximately 640 acres more or less. TERM AND EXTENDED TERM OF OPTION This option shall continue in effect until noon on the 365th day following the date of execution of this Agreement and may be exercised in accordance herewith at any time on or before its expiration; provided, however, that this option may be extended for an additional one (1) year term and expire at noon on the 730th day following the date of execution of this Agreement if BUYER, before the end of the first year option period, pays to SELLERS, in addition to the FORTY- EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) paid on the execution hereof, the further sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) as additional option payment; and this option may be further extended for an additional one (1) year term and expire at noon on the 1095th day following the date of execution of this Agreement if BUYER, before the end of the second year option period, pays to SELLERS, in addition to the NINETY-SIX THOUSAND AND NO/100 DOLLARS ($96,000.00) previously paid, the further sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) as additional option payment; and this option may be further extended for an additional one (1) year term and expire at noon on the 1460th day following the date of execution of this Agreement if BUYER, before the end of the third year option period, pays to SELLERS, in addition to the ONE HUNDRED FORTY-FOUR AN OPTION CONTRACT -- ANDERSON - Page 2 THOUSAND AND NO/100 DOLLARS ($144,000.00) previously paid, the further sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) as additional option payment. FAILURE TO EXERCISE OPTION If, prior to noon on the 365th day following the date of execution of this Agreement, BUYER does not pay the additional option payment of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) described herein and necessary to extend the option period to 730 days, the SELLERS shall retain the sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) paid on the date of execution hereof as the consideration for this exclusive option. IF the BUYER pays the additional option payment of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) described herein and necessary to extend the option period to 730 days, but does not exercise this option prior to noon on the 730th day from the date of execution of this Agreement, the SELLERS shall retain the option money and the additional option money, a total of NINETY-SIX THOUSAND AND NO/100 DOLLARS ($96,000.00) as the consideration for this option being in effect until noon on the 730th day following the date of execution hereof. If the BUYER pays the additional option payment of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) described herein and necessary to extend the option period to 1095 days, but does not exercise this option prior to noon on the 1095th day from the date of execution of this Agreement, the SELLERS shall retain the option money and the additional option money, a total of ONE HUNDRED FORTY-FOUR THOUSAND AND NO/100 DOLLARS ($144,000.00) as the consideration for this option being in effect until noon on the 1095th day AN OPTION CONTRACT -- ANDERSON - Page 3 following the date of execution hereof. If the BUYER pays the additional option payment of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) described herein and necessary to extend the option period to 1460 days, but does not exercise this option prior to noon on the 1460th day from the date of execution of this Agreement, the SELLERS shall retain the option money and the additional option money, a total of ONE HUNDRED NINETY-TWO THOUSAND AND NO/100 DOLLARS ($192,000.00) as the consideration for this option being in effect until noon on the 1460th day following the date of execution hereof. IV. EXERCISE OF OPTION This option may be exercised at any time during the aforesaid periods by written notice to SELLERS delivered in person or by certified mail, return receipt requested. V. PURCHASE PRICE In the event BUYER elects to exercise this option and purchase the property herein described, the purchase price shall be ONE THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($1,300.00) per acre payable as follows: (a) The sum or sums paid for this option shall be credited against the purchase price; and (b) The balance of the purchase price shall be paid at closing, in cash. AN OPTION CONTRACT -- ANDERSON - Page 4 VI. CLOSING DATE Unless otherwise agreed, the purchase of the property herein described shall be closed by SELLERS and BUYER within ninety (90) days after receipt of written notice of the exercise of this option. VII. DEED AND TITLE INSURANCE A. If the BUYER exercises this option, the SELLERS shall convey title to the real property to the BUYER or the BUYER's nominee or assignee by good and sufficient General Warranty Deed warranting such title to be free and clear of all liens, charges and encumbrances, clouds and defects whatsoever, except for mineral reservations (if any) made in favor of SELLERS' predecessors in title, and easements of record in Lubbock County, Texas. B. BUYER shall obtain, at its own election and expense, an Owner's Policy of Title Insurance issued by Service Title Company of Lubbock, Texas, and tax certificates showing no delinquent taxes. (If closing occurs between January 1 and April 1, BUYER will pay all taxes due for the year in which the property is purchased. If closing occurs after April 1, the taxes payable for the year in which closing occurs shall be prorated between SELLERS and BUYER to the date of closing in the event BUYER exercises this option to purchase the property.) Said Owner's Policy and Title Insurance shall be obtained prior to when the sale is closed. Said closing date may be extended if attorneys for the title company discover objections to the title, in which case the sale shall be closed when such objections are removed, provided the objections are removed within a reasonable AN OPTION CONTRACT -- ANDERSON - Page 5 time, which in no event shall extend beyond thirty (30) days from the original closing date. Closing shall be in Lubbock, Texas, at Service Title Company. Vill. POSSESSION SELLERS shall deliver possession of the property herein described to BUYER as of the date of closing, or on completion of harvest, if harvest occurs after closing, subject to the provisions contained in paragraph XI of this Agreement. IX. MINERALS The conveyance herein contemplated shall include the oil, gas and other minerals owned by SELLERS and which are in, on, under or produced from such land. X. IMPROVEMENTS SELLERS shall have the right to remove any and all personal property, including but not limited to, pumps, water pipe, equipment and the like from the property herein described, which removal shall occur on or before closing. Anything normally characterized as part of the real estate, such as barns, houses and structures shall not be removed by SELLERS, but shall be and remain with the land and become the property of BUYER at closing. The residential structure located on the property is not owned by SELLERS, but SELLERS herein recognize and acknowledge the City's right to negotiate with such structure's owner for its acquisition and/or removal. BUYER will be responsible for any costs or expenses associated with the acquisition and/or removal of the residence. AN OPTION CONTRACT -- ANDERSON - Page 6 XI. CROPS Should closing occur after January 1 but on or before April 1 of any year this Agreement is in effect, then and in that event, full possession of the property shall be delivered to BUYER and BUYER shall assume all rights of SELLERS in and to any existing crops and government payments that have accrued. However, notwithstanding anything to the contrary herein contained, should closing occur after April 1 but on or before January 1 of any year this Agreement is in effect, then and in that event the SELLERS shall retain all of their interests in and to the said corps for such period. In the event SELLERS have retained their interests in such crops and BUYER requires delivery of all or part of the property herein described prior to the time all such crops are harvested, then and in that event, BUYER shall give to SELLERS ten (10) days written notice that early possession is necessary and describe with particularity the acreage required. If it becomes necessary to destroy some of the crops, then and in that event, BUYER shall pay SELLERS and their tenants (if any) jointly a sum of money for such loss of crops based upon the amount of crops harvested on the balance of the tract and the average prices per pound received by SELLERS for such balance of the crops harvested. If it becomes necessary to destroy all of the crops, then and in that event, BUYER shall pay SELLERS and SELLERS' tenants (if any) jointly a sum of money for such loss of crops based upon production averages for the previous five (5) years at cotton and grain prices in effect at the time of possession. Such payment shall be made by BUYER not later than thirty (30) days following delivery by SELLERS to BUYER of verifiable crop production and pricing information and a demand for payment. AN OPTION CONTRACT -- ANDERSON - Page 7 Under no circumstances shall SELLERS or SELLERS' tenants (if any) have any rights to the real property herein described or the crops thereon after January 1 of the year following the year in which this option is exercised. SELLERS shall immediately notify their tenants (if any) of the execution of this Agreement and the effect on their rights as tenants in and to the property. U.S. Department of Agriculture A.S.C.S. deficiency payments for the year preceding the year in which the property is purchased will belong to SELLERS. XII. SURVEY In the event, and only in the event, it becomes necessary that a survey be made of the property which BUYER has the option to purchase under this Agreement, BUYER shall pay all surveying costs and expenses incurred. SELLERS shall have no responsibility for the payment thereof. Such survey shall be performed by a surveyor licensed by the State of Texas, and shall contain written certification of the number of acres to be conveyed. If a survey is made, the total purchase price shall be determined by multiplying the number of acres certified by the purchase price per acre. XIII. ENVIRONMENTAL AND OTHER STUDIES In the event BUYER deems its necessary, it may, at its sole option and expense, order any environmental, ground water (geotechnical), historical, cultural or archaeological assessment studies of the property. Such studies might include the drilling of water monitor wells, soil core sampling, picture taking, record researching and surface examination. In the event BUYER does deem any of such AN OPTION CONTRACT -- ANDERSON - Page 8 studies necessary, SELLERS agree to permit BUYER and its agents ingress to and egress from the property. XIV. DEFAULT In the event SELLERS should fail or refuse to carry out and consummate this Agreement for any reason, then BUYER may enforce this Agreement by an action for specific performance or, at BUYER'S option, SELLERS shall refund to BUYER any sums hereunder paid by BUYER to SELLERS. It is agreed that if the title to the property herein described is unmarketable and cannot be rendered marketable by the exercise of due diligence within the period of time set out herein, and BUYER does not waive the obstacles to marketability, then this transaction shall be terminated and the funds deposited with SELLERS shall be returned to BUYER, together with interest at the rate in effect for U.S. Treasury bills on the date of termination. XV. BENEFIT This Agreement shall be binding upon and inure to the benefit of the BUYER and the SELLERS and their respective heirs, successors and assigns. Specifically, BUYER may assign all or any part of this Agreement. XVI. Attached to this Agreement and incorporated herein by reference is a list of SELLERS, their addresses, social security numbers, and percent of ownership in the property which may be purchased by BUYER under this Contract. Option AN OPTION CONTRACT -- ANDERSON - Page 9 payments shall be paid by BUYER by U.S. mail to each SELLER listed in amounts equal to their percent of ownership of the property. IN WITNESS WHEREOF, the parties have hereto signed this Agreement as of the date first stated herein. SELLERS: EDMOND A. ANDERSON ERIC V. ANDERSON L. ILMER ANDERSON M BETH ANDE S N IYURWNT HELEN L. AND R ON - '_4 M-.- MINrAL I��' • &�- 4" . ov� I�T� BESSIE L UISE ANDERSON TAVASKA AN OPTION CONTRACT -- ANDERSON - Page 10 ml IVr/1_ ADDRESS: P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 ATTEST: Betty M. Johnson City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right-of-Way/Agent APPROVED AS TO FORM: arold Willard, Assistant Citly Attorney AN OPTION CONTRACT -- ANDERSON - Page 11 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared EDMOND A. ANDERSON, 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 0 Fc -r 66, , 1993. �a,�e,00,00aoasaseso r r EDWARD W"ON WCY Notary ►ublis, tNM of Tex" }: MT C.mTiwi.n �M 11•21 OSS c..t THE STATE OF TEXAS § COUNTY OF LUBBOCK § G Notary Public, Lubb7o6k County, Texas BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared HELEN L. ANDERSON, 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 6 day of E C f t, Q S-2- 1993. KEDWARD W115oN WCY Notary Public, Lubbock County, T sotary ►ublic, S/af..1 T.a.. C.rn,nN.i.n tq"m 1 1.21.9S AN OPTION CONTRACT -- ANDERSON - Page 12 THE STATE OF TEXAS § COUNTY OF COLORADO S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared HENRY LOUIS ANDERSON, 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 .vD day of C7(/01m.Q F k , 1993. Notary Public, Colorado County, Texas o�,�.4 40 `� MARK FRIEDRICH NOTARY PUBLIC, STATE OF TEXAS f .Y�rr MY COh1MISSION EXPIRES DECEMBER 16, 1995 AN OPTION CONTRACT -- ANDERSON - Page 13 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared ERIC V. ANDERSON, 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 /YotUem (3 e A , 1993. o�'A• nos`, .. l+ �� AMOS PETERS, JR. COMMISSION EXPIRES JANUARY31,1997 Notar ublic, Williamson Cou ty, Texas THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared FRIEDA ANDERSON, 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 thisday of Noo M B E K , 1993. Egg JR.►RES Notary Pu lic, Willia son County, 97 Texas AN OPTION CONTRACT -- ANDERSON - Page 14 THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared L. WILMER ANDERSON, 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 NDER MY HAND AND SEAL OF OFFICE this �� day of 1993. �, N ry Public, rris unty, T as f r. THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared MARGARET ANDERSON, 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. IVEN U DER MY HAND AND SEAL OF OFFICE this o��ay of 1993. ary Public, arrVi County, Texas AN OPTION CONTRACT -- ANDERSON - Page 15 THE STATE OF TEXAS S COUNTY OF NUECES S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared LESTER ALEXANDER ANDERSON II, 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 UNDE#i MY HAND AND SEAL OF OFFICE this 20 day of Jv L) Q f ej 1993. LOU KRUEGER TIPTON Ex otary Public, Nu ces Co my Texas THE STATE OF TEXAS S COUNTY OF KLEBERG S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared LOUIS CARL ANDERSON, 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 U DER MY HAND AND SEAL OF OFFICE this -? o-f day of /5JJ ueh, t ,p , 1993. Notary Public, Mibberg 'Corinty, Texas LOU KRUEGER TIPTON (.1111Z AN OPTION CONTRACT -- ANDERSON - Page 16 THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared MARY ELIZABETH ANDERSON DURANT, 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 ,,,A, -A-,, , 1993. LP',� A L. rids � H tc--d- /1 r:r r�tz ra: .:'�:=.es tary Public, Harr THE STATE OF TEXAS COUNTY OF HARRIS unty, 1 exas BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared BESSIE LOUISE ANDERSON TAVASKA, 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 ti)O , 1993. Notary Public, Harris County, Texas SANDRA A. WILDER W COMMISSION EXPIRES May 24, 1996 AN OPTION CONTRACT -- ANDERSON - Page 17 THE STATE OF TEXAS § COUNTY OF LUBBOCK S BEFORE ME, the undersigned authority, a Notary Public in and for said State, on this day personally appeared DAVID R. LANGSTON, 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, in his capacity as Mayor of the City of Lubbock, and as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ��t'' day of �atx�' ky'- , 1993. `a BEATRICE CERVANTEZ Notary ^ublic, State of Tax My Commission Expiro114q-N HW:daA-D10/C-ANDRSN.doc rev. October 7, 1993 Notary Public, Public, Lubboc County, Texas AN OPTION CONTRACT -- ANDERSON - Page 18 ANDERSON FARM SELLERS, ADDRESSES, SOCIAL SECURITY NUMBERS, & PERCENT OF OWNERSHIP 1. Edmond A. Anderson -Route 15, Box 580, Lubbock, Texas 79415 450-70-9980 20% 2. Henry Louis Anderson-P. 0. Box 158, Columbus, Texas 78934 298-20-2986 20% 3. Eric V. Anderson- Route 1, Box 137, Taylor, Texas 76574 463-60-4890 20% 4. L. Wilmer Anderson-2913 Amherst Houston, Texas 77005 454-03-6539 20% 5. Lester Alexander Anderson II- 9562 Waxwing Corpus Christi, TX. 78418 454-76-2711 05% 6. Mary Elizabeth Anderson Durant- 3723 Tree Manor Lane Kingwood, Texas 77345 454-76-2713 05% 7. Louis Carl Anderson- P. 0. Box 5005, Kingsville, Texas 78363 454-76-2712 05% 8. Bessie Louise Anderson Tavaska- 15835 Knoll Lake Drive, Houston, Tx. 77095 454-76-2709 05% Resolution No. 4; Lb November 18, 1993 Item #15 MEMORANDUM OF OPTION STATE OF TEXAS § COUNTY OF LUBBOCK § This Memorandum of Option is executed concurrently with an Option Contract, and both this Memorandum and the Option Contract constitute an agreement between EDMOND A. ANDERSON, HELEN L. ANDERSON, HENRY LOUIS ANDERSON, ERIC V. ANDERSON, FRIEDA ANDERSON, L. WILMER ANDERSON, MARGARET ANDERSON, LESTER ALEXANDER ANDERSON II, LOUIS CARL ANDERSON, MARY ELIZABETH ANDERSON DURANT and BESSIE LOUISE ANDERSON TAVASKA, jointly referred to herein as Optionors, and the City of Lubbock, Texas, a home rule municipality, referred to herein as Optionee, concerning the following real property situated in Lubbock County, Texas: All of Section 1, Block P, Abstract No. 617, GC & SF Ry. Co. Survey, Lubbock County, Texas, together with all mineral interests owned by Optionors as of the date of this Memorandum. For valuable consideration described in the Option Contract, Optionors hereby grant to Optionee the exclusive right and option to buy the above described property at a price and under the terms and conditions expressed in the Option Contract. This option shall expire on the 1460th day following the date of execution of this Memorandum, and, unless exercised or extended prior to the above date of expiration, Optionee shall have no further interest in the property. Executed this 61 day of County, Texas. OPTIONORS: EDMOND A. ANDERSON e<�V ERIC V. ANDERSON L: WILMER ANDERSON LESTER AL XANDER ANDERS N 11 1993, in Lubbock .Xle� — 6�z_ zl;�o z_ HELEN L. ANDERSON MARGA T ANDERSON LOUTS ARL ANDERSON icu Q.r� MARY ELIZABETH ANDERSON DURANT BESSIE UISE ANDERSON TAVASKA MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 2 OPTIONEE: ATTEST: Betty M. Johnsoi', City -Secretary APPROVED AS TO CONTENT: c6,-e Ed Bucy, Right-of-W y Agent APPROVED AS TO FORM: Harold Willard, Assistant City Attorney MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 3 THE STATE OF TEXAS COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared EDMOND A. ANDERSON, 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 r� day of p fC F� a� , 1993. ma��sae�s IowARD WILioN wcr My C.wuwlwlM 6pb" 11.21 � 4 THE STATE OF TEXAS § COUNTY OF LUBBOCK § Notary Public, Lubbock County, Te as BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared HELEN L. ANDERSON, 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 p F_ c4'r, ae 2 , 1993. aoasaeaAa�asas ` EDWARD WNSM WCY NNery ► iik, SO -%of Tau! Notary Public, Lubbock County, Texas s My CGI1 Mj iM Eyk" 11-21 13 art c� Ott MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 4 THE STATE OF TEXAS § COUNTY OF COLORADO § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared HENRY LOUIS ANDERSON, 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 thiscyl4v day of flklwl3g2 , 1993. Notary Public, Colorado County, Texas o* y a' MARK FRIEDRICH a ' NOTARY PUBLIC, STATE OF TEXAS MY COMMISSION EXPIRES 'tom DECEMBER 16, 1995 MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 5 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared ERIC V. ANDERSON, 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 ,2zNp day of /,rye#t8ER- , 1993. F LAMOSPETEAS, JR.COMMISSION EXPIRES1yNotar Public, Williamson unty,1.E+1 JANUARY31,1997 Texas THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared FRIEDA ANDERSON, 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 .2Z W-40 day of 0oe,*Be4- , 1993. �`: AMOS I'ETEI'S, JR. • ` COMMISSION EXPIRES "'+,FOF�E+t� JANUARY31,1997 Notar Publ' ,Williams n County, Texas MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 6 THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared L. WILMER ANDERSON, 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. IVEN UNDER MY HAND AND SEAL OF OFFICE this day of �x l 1993. N ry Public, arris ounty, T xas THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared MARGARET ANDERSON, 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. IVEN UNDER MY HAND AND SEAL OF OFFICE this ay of 1993. MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 7 THE STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared LESTER ALEXANDER ANDERSON II, 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 IL?v �) e n pc- P , 1993. LOU KRUEGER TIPTON "fy/50 of+� Exp. 2-18-96. otary Public, Nu es nty, Texas THE STATE OF TEXAS § COUNTY OF KLEBERG § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared LOUIS CARL ANDERSON, 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 v day of a cJe h, 6 e !Z , 1993. 'Notary Public, Kle erg ounty, Texas LOU K,RUEGER TIPTON or" +�y' Exp. Z-18.95 MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 8 THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared MARY ELIZABETH ANDERSON DURANT, 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 , , , 1993. e LAMA L SMITH G.Z4_d+_ - © IRM tary Public, Harris County, Texas Wy 6, 1995 THE STATE OF TEXAS § COUNTY OF HARRIS S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared BESSIE LOUISE ANDERSON TAVASKA, 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 �V day of 1993. Notary Public, Harris County, Texas SANDRA A. WILDER MY COWSSION EXPIRES May 24, 1996 MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 9 THE STATE OF TEXAS § COUNTY OF LUBBOCK S BEFORE ME, the undersigned authority, a Notary Public in and for said State, on this day personally appeared DAVID R. LANGSTON, 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, in his capacity as Mayor of the City of Lubbock, and as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE this &4-k day of 1993. 6 L crp3Notary Public, Lubbock2pounty, Texas HW:da/lD1 O/MO-ANDRS.doc November 4, 1993 MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 10