HomeMy WebLinkAboutResolution - 5497 - Contract Of Sale - J M Greenlee Jr Et Al - Land Aquisition, FS Contruction - 05_22_1997RESOLUTION NO. 5497
Item #31
May 22, 1997
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
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 18.673 acre tract of land in Section 7, Block A, T.T. Railroad Company Survey,
Lubbock County, Texas, being a portion of that tract of land described in Volume 3242,
Page 60 of the Real Property Records of Lubbock County, Texas, and further described as
follows:
Beginning at a 1/2" iron rod with cap set for the Southwest corner of this tract in the
North right-of-way line of East Ursuline Street from whence a railroad spike found at the
Southeast corner of said Section 7 bears S 0°19'20" E a distance of 30.0 feet and N
89°40'40" E a distance of 850.6 feet;
Thence N 0°25'30" W a distance of 1000.0 feet to a 1/2" iron rod with cap set for the
Northwest corner of this tract;
Thence N 89140'40" E a distance of 800.0 feet to a 1/2" iron rod with cap set for the
Northeast comer of this tract in the West right-of-way line of Martin Luther King Jr.
Boulevard;
Thence S 02°09'00" E, along said right-of-way line, a distance of 595.8 feet to a 1/2"
iron rod found at the beginning of a curve to the right having a radius of 5674.58 feet;
Thence Southerly, along said right-of-way line and said curve to the right, having a chord
bearing of S 01°17'35" E a chord distance of 170.84 feet to a 1/2" iron rod found at the
end of said curve to the right;
Thence South 0°25'30" E, along said right-of-way line, a distance of 218.7 feet to a 1/2"
iron rod with cap set at the beginning of a curve to the right having a radius of 15.0 feet;
THENCE Southwesterly, along said right-of-way line and said curve to the right, having a
chord bearing of S 44°37'40" W and a chord distance of 21.24 feet to a cross on
concrete set for the end of said curve to the right;
THENCE S 89°40-40" W, along the North right-of-way line of East Ursuline Street, a
distance of 805.5 feet to the Place of Beginning.
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 $ 224,076.00.
SECTION 3. THAT if the above Contract of Sale is not executed by the Owners of the
above described property, such owners being Joseph Mahoney Greenlee, Jr., Mary Paula Greenlee
Barber, Raleigh Royall Ross, and Lucy Riddle Ross Owen, 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 22nd day of May , 1997.
, I,- r1A 4 4-ill 1 / �' k -,
WINDY SITT N, YOR
ATTEST;
LU4--hj* 1) bAA-1 Lk
Kayt I
Darnell, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right-of-Wfty Agent
APPROVED AS TO FORM:
44 , '-Xv � W. A)
arold Willard, Assistant City Attorney
HW:gs/=do s/Firesta.res
April 24, 1997
RESOLUTION NO.5497
Item #31
May 22, 1997
THE STATE OF TEXAS §
CONTRACT OF SALE
COUNTY OF LUBBOCK §
This Contract of Sale is made by and between JOSEPH MAHONEY GREENLEE,
JR, MARY PAULA GREENLEE BARBER, RALEIGH ROYALL ROSS and LUCY
RIDDLE ROSS OWEN, (all of whom are collectively 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").
BE_C1a AJL_S :
1. SELLERS own 18.4 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 Greenlee -Ross Farm," free and clear of all liens, claims and
encumbrances, and upon the terms and conditions hereinafter set forth.
AGBEEMENI :
I.
PROPERT
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 total of 18.4 acres of land, more or less, and more particularly described as follows:
A tract of land located in Section 7, Block A, Lubbock County, Texas, and located in the
very Southeast corner of said Section 7, Block A, measuring approximately 802.00 feet
east to west and 1,000 feet north to south.
BUYER at its expense, will pay for a survey of the property owned by SELLERS. The
legal description of said property obtained as a result of the survey will be used in the General
Warranty Deed.
This conveyance shall be subject to all written oil, gas and other mineral leases,
restrictions, convenants, 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 property above
described together with all the rights and appurtenances pertaining thereto and all improvements
thereon.
BUYER shall pay to SELLERS as the purchase price for the Greenlee -Ross Farm the sum of
TWO HUNDRED TWENTY THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS
($220,800.00) cash to be paid by BUYER to SELLERS jointly at closing. If the survey to be
performed at BUYER'S expense indicates that additional acreage is required in addition to the
18.4 acres, the price will be adjusted at the rate of TWELVE THOUSAND AND NO/100
DOLLARS ($12,000.00) per acre.
Within two (2) days from the date of this Contract, BUYER will cause a preliminary title
insurance commitment to be issued at BUYER'S expense. BUYER shall inform SELLERS in
writing within five (5) days of the date BUYER receives said title insurance commitment if
BUYER discovers objections or defects which prevent the issuance of a title policy in the form
desired by BUYER. SELLERS will use their best efforts to correct, within thirty (30) days, said
objections and defects. If SELLERS are unable to correct said objections and defects on or
before the expiration of said thirty (30) days, then BUYER may elect to declare this Contract
terminated and of no further force and effect; or BUYER may waive the objections and defects to
title and agree to accept the title as not conforming in all respects to the foregoing requirements,
in which event, this sale shall be closed as herein provided. The title commitment and policy
will be issued from the title company selected by BUYER.
IV.
It is understood that the ad valorem taxes for 1995 and 1996 and all previous years have
been paid and that prorated taxes for 1997 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. A title policy is issued in favor of BUYER as hereinabove set forth.
B. 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, as herein provided, or which may
appear at the time of closing, including a general warranty deed from all of the
respective SELLERS and appropriate release of all liens at the cost of SELLERS.
C. Acquisition of the real estate free and clear of all claims of any parties in
possession so that BUYER is free to enter into any type of Agreement or Lease of
such property.
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 June 15, 1997.
VL
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, executors,
successors and assigns.
0
PLACE OF PERFORMANCE
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.
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. No visible problems are foreseen
with this property.
4M
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: Mr. Joe Greenlee
1901 University, Suite 411
Lubbock, Texas 79410
If to BUYER: Mr. 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.
CROPS
BUYER will not be liable for any crop or land preparation expense by SELLER'S tenant
for the 1997 crop year.
i
3a.
REALTOR
BUYER will not pay any realtor or broker fees to any party.
F.A1A
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 June 15, 1997. Closing shall take place at the
downtown office of Service 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
GENERAL CONDITIONS
A. Possession : BUYER shall acquire the right to own and operate the Greenlee -
Ross Farm as of the date of closing.
B. 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.
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 22nd day of May , 1997.
SELLERS:
S�(. SEE HH MAHONE�ENLEE, JR. MARY PWULA GREENLEE BARBER
RALEI ROYAL ROSS LUC RIDDLE ROSS OWEN
BUYER:
CITY OF LUBBOCK:
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�i'�" j•'; • .
ATTEST-
v D'
APPROVED • •CONTENT:
Ed Bucy, Right -of -Way Agent
APPROVED Sd&ta-eov ��=
arold 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 Windy Sitton, Mayor 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 she executed the same for the purposes and consideration therein expressed and in the
capacity therein stated as the act and deed of the City of Lubbock. /
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 0 I91t L day of
1997.
. A-ny e*,. 4e'w
Notary Public in and for the State of Texas
THE STATE OF TEXAS § A�NN M. WOOD
NOTARY PUBLIC
COUNTY OF TRAVIS § STATE OF TMAS
My 00F4058101 Expires 10.28 99
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas,
on this day personally appeared Joe Mahoney Greenlee, Jr., 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 jar day of
1997.
BM
RLEY FROWN
_* "= MY COMMISSION EXPIRES
June 29,1998 Notary Public and for the State of Texas
THE STATE OF CALIFORNIA
.S4uY"
COUNTY OFtLARA
BEFORE ME, the undersigned authority, a Notary Public in and for said County,
California, on this day personally appeared Mary Paula Greenlee Barber, 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 1 7tX day of
1997.
Notary Public in and for the State of
1 California
Mr corruR [•�+rw ulay t.w
t
THE STATE OF TEXAS
COUNTY OF BURNET §
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas,
on this day personally appeared Raleigh Royall Ross, 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.
GI N UNDER MY HAND AND SEAL OF OFFICE this ^ C day of
1997.
O�*pv c VALERIE HU7TEXAS
NOTARY Notary Public in and for a State of Texas
l�V STATE OMy Commission Ex
COUNTY OF TRAVIS §
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas,
on this day personally appeared Lucy Riddle Ross Owen, 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 OFFIC this day of
1997.
Public in and fo t e Stat f Texas
PMr MIMI Q DAVID
•� wAPRq. ��
+rya 11�oDf
HW:gs\# 1-A\SaleCon.doc
April 9, 1997