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HomeMy WebLinkAboutResolution - 2003-R0458 - Purchase Of Tracts Of Land From City - 10_09_2003Resolution No. 2003-R%58 October 9, 2003 Item No. 77A RESOLUTION WHEREAS, by Resolution No. 2003-R0366, dated September 4, 2003, Council directed the Mayor to execute a Letter (herein so called) from the City of Lubbock (the "City") to the Lubbock Housing Authority (the "Authority"); and WHEREAS, the Letter specifically provided that the City would convey one (1) tract of land to the Authority in the event the Authority is awarded a grant by the Texas Department of Housing and Community Affairs to construct multi -family affordable housing units; and WHEREAS, it has been communicated to the City by the Authority that the subject of the application is a bond transaction rather than a grant application; and WHEREAS, it has been communicated to the City by the Authority that the expiration date is to be corrected to September 1, 2004, to allow for flexibility in the event that the lottery number drawn is low and the Authority does not receive the bond reservation until mid -year 2004; and WHEREAS, it has been communicated to the City by the Authority that it desires to purchase two (2) separate tracts of land from the City, in the event it is awarded two (2) separate bond reservations; and WHEREAS, due to the items described- above, the Letter no longer accurately reflects the subject of the transaction and must be replaced in its entirety. NOW THEREFORE 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 the Letters to the Lubbock Housing Authority, attached as Exhibit "A" and Exhibit "B", respectively, and any other related documents. Said Letters commit the City to convey lands to the Authority in the event the Authority is awarded the Texas Bond Review Board Bond Reservation for construction of multi -family affordable housing units. Said Letters are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. BE IT FURTHER RESOLVED THAT: THAT certain letter, dated on or about September 4, 2003 (Resolution No. 2003-R0366), is hereby revoked and replaced in its entirety by the letters attached as Exhibit "A" and Exhibit "B", hereto. Passed by the City Council this ATTEST: Rebecca Garza, City Secretary 9th APPROVED AS TO CONTENT: Quincy City Manager APPROVED AS TO FO M- Richard K. Casner First Assistant City Attorney ke/ccdocs/LHA. GrantApp. Res . Amended October 1, 2003 day of October 2003. Resolution.- .Nb . 2003—R0458 Exhibit "A" to DRAFT Resolution October 9, 2003 Certified Mail Receipt No. Lubbock Housing Authority Attn: Oscar Jones, Executive Director P. O. Box 2568 Lubbock, Texas 79401 Re: Texas Bond Review Board Bond Application (the "Bond")/ Sale of City Owned Real Property Dear Mr. Jones: The Lubbock Housing Authority (the "Authority") has approached the City of Lubbock (the "City") regarding the purchase of the tract of real property roughly described on Exhibit "A", attached hereto, for the construction of multi -family affordable housing units. The Authority is in the process of applying for the Bond and must have a commitment by the City to convey certain lands to it to be utilized in connection with such construction. The City agrees to convey to the Authority, upon the below described conditions, the tract of real property described above, in the event the Authority is awarded the Bond, on or before September 1, 2004 ("Subject Tract"). The City agrees to convey the Subject Tract, "as is, and with all faults" (with the exception of warranty of title), at the price of one thousand seven hundred fifty dollars ($1,750.00) per acre. The Authority shall be responsible for all costs and expenses related to the acquisition, including without limitation, expenses or costs related to the Owner's Policy of Title Insurance and fees and expenses related to a survey of the Subject Tract. Ad valorem taxes due and owing against the Subject Tract for the year of closing, if any, shall be pro rated. The conveyance of the Subject Tract from the City to the Authority shall be by General Warranty Deed, the warranty therein being subject to: (i) all exceptions to coverage set forth in the Owner's Policy of Title Insurance; (ii) existing easements, rights -of -way, and prescriptive rights, whether of record or not; (iii) all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in persons other than the City; and (iv) other instruments, other than conveyances of the surface fee estate, that affect the Subject Tract. Thank you for your inquiry regarding the City's intentions. The City wishes the Authority success in its Bond application process. If you have any questions or comments concerning the matters discussed above, please do not hesitate to contact the undersigned. Sincerely, bRAFT Mayor Marc McDougal cc: Tommy Gonzalez, Interim City Manager Quincy White, Assistant City Manager EXHIBIT "A" to Exhibit "A" to Resolution SUBJECT TRACT BEGINNING at a point that is 790.00 feet west and 69.07 feet south of the Northeast corner of Section 3, Block B, Lubbock County, Texas; THENCE 1,163.00 feet West along a line 69.07 feet south of the North section line of Section 3 to a point; THENCE 1,250.00 feet South to a point; THENCE 500.00 feet East to a point; THENCE 550.00 feet North to a point; THENCE 663.00 feet East to a point; THENCE 700.00 feet North to the PLACE OF BEGINNING. Contains approximately 25 acres. Resolution No. 2003—RO458 Exhibit `B" to DRAFT Resolution October 9, 2003 Certified Mail Receipt No. Lubbock Housing Authority Attn: Oscar Jones, Executive Director P. O. Box 2568 Lubbock, Texas 79401 Re: Texas Bond Review Board Bond Application (the "Bond")/ Sale of City Owned Real Property Dear Mr. Jones: The Lubbock Housing Authority (the "Authority") has approached the City of Lubbock (the "City") regarding the purchase of the tract of real property roughly described on Exhibit "A", attached hereto, for the construction of multi -family affordable housing units. The Authority is in the process of applying for the Bond and must have a commitment by the City to convey certain lands to it to be utilized in connection with such construction. The City agrees to convey to the Authority, upon the below described conditions, the tract of real property described above, in the event the Authority is awarded the Bond, on or before September 1, 2004 ("Subject Tract"). The City agrees to convey the Subject Tract, "as is, and with all faults" (with the exception of warranty of title), at the price of one thousand seven hundred fifty dollars ($1,750.00) per acre. The Authority shall be responsible for all costs and expenses related to the acquisition, including without limitation, expenses or costs related to the Owner's Policy of Title Insurance and fees and expenses related to a survey of the Subject Tract. Ad valorem taxes due and owing against the Subject Tract for the year of closing, if any, shall be pro rated. The conveyance of the Subject Tract from the City to the Authority shall be by General Warranty Deed, the warranty therein being subject to: (i) all exceptions to coverage set forth in the Owner's Policy of Title Insurance; (ii) existing easements, rights -of -way, and prescriptive rights, whether of record or not; (iii) all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in persons other than the City; and (iv) other instruments, other than conveyances of the surface fee estate, that affect the Subject Tract. Thank you for your inquiry regarding the City's intentions. The City wishes the Authority success in its Bond application process. If you have any questions or comments concerning the matters discussed above, please do not hesitate to contact the undersigned. Sincerely, DRAFT Mayor Marc McDougal cc: Tommy Gonzalez, Interim City Manager Quincy White, Assistant City Manager EXHIBIT "A" to Exhibit `B" to Resolution SUBJECT TRACT BEGINNING at a point that is 69.07 feet south of the Northeast corner of Section 3, Block B, Lubbock County, Texas; THENCE 790.00 feet West along a line 69.07 feet south of the North section line of Section 3 to a point; THENCE 800.00 feet South to a point; THENCE 300.00 feet East to a point; THENCE 933.00 feet South to a point; THENCE 490.00 feet East to a point; THENCE 1,733.00 feet North to the PLACE OF BEGINNING. Contains approximately 25 acres. Marc McDougal * Mayor October 9, 2003 Certified Mail Receipt No. 7000 0520 002187591607 Lubbock Housing Authority Attn: Oscar Jones, Executive Director P. O. Box 2568 Lubbock, Texas 79401 Re: Texas Bond Review Board Bond Application (the "Bond")/ Sale of City Owned Real Property Dear Mr. Jones: The Lubbock Housing Authority (the "Authority") has approached the City of Lubbock (the "City") regarding the purchase of the tract of real property roughly described on Exhibit "A", attached hereto, for the construction of multi -family affordable housing units. The Authority is in the process of applying for the Bond and must have a commitment by the City to convey certain lands to it to be utilized in connection with such construction. The City agrees to convey to the Authority, upon the below described conditions, the tract of real property described above, in the event the Authority is awarded the Bond, on or before September 1, 2004 ("Subject Tract"). The City agrees to convey the Subject Tract, "as is, and with all faults" (with the exception of warranty of title), at the price of one thousand seven hundred fifty dollars ($1,750.00) per acre. The Authority shall be responsible for all costs and expenses related to the acquisition, including without limitation, expenses or costs related to the Owner's Policy of Title Insurance and fees and expenses related to a survey of the Subject Tract. Ad valorem taxes due and owing against the Subject Tract for the year of closing, if any, shall be pro rated. The conveyance of the Subject Tract from the City to the Authority shall be by General Warranty Deed, the warranty therein being subject to: (i) all exceptions to coverage set forth in the Owner's Policy of Title Insurance; (ii) existing easements, rights -of -way, and prescriptive rights, whether of record or not; (iii) all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in persons other than the City; and (iv) other instruments, other than conveyances of the surface fee estate, that affect the Subject Tract. City Hall * 1625 13th Street * P.O. Box 2000 * Lubbock, Texas 79457 * (806)775-2010 * Fax (806)775-3335 E-mail mmcdougal@mail.ci.lubbock.tx.us. Mr. Oscar Jones October 9,2003 Page 2 Thank you for your inquiry regarding the City's intentions. The City wishes the Authority success in its Bond application process. If you have any questions or comments concerning the matters discussed above, please do not hesitate to contact the undersigned. Sincerel , Marc cDou al Mayor cc: Tommy Gonzalez, Interim City Manager Quincy White, Assistant City Manager SUBJECT TRACT BEGINNING at a point that is 790.00 feet west and 69.07 feet south of the Northeast corner of Section 3, Block B, Lubbock County, Texas; THENCE 1,163.00 feet West along a line 69.07 feet south of the North section line of Section 3 to a point; THENCE 1,250.00 feet South to a point; THENCE 500.00 feet East to a point; THENCE 550.00 feet North to a point; THENCE 663.00 feet East to a point; THENCE 700.00 feet North to the PLACE OF BEGINNING. Contains approximately 25 acres. Marc McDougal * Mayor October 9, 2003 Certified Mail Receipt No. 7000 0520 002187591621 Lubbock Housing Authority Attn: Oscar Jones, Executive Director P. O. Box 2568 Lubbock, Texas 79401 Re: Texas Bond Review Board Bond Application (the "Bond")/ Sale of City Owned Real Property Dear Mr. Jones: The Lubbock Housing Authority (the "Authority") has approached the City of Lubbock (the "City") regarding the purchase of the tract of real property roughly described on Exhibit "A", attached hereto, for the construction of multi -family affordable housing units. The Authority is in the process of applying for the Bond and must have a commitment by the City to convey certain lands to it to be utilized in connection with such construction. The City agrees to convey to the Authority, upon the below described conditions, the tract of real property described above, in the event the Authority is awarded the Bond, on or before September 1, 2004 ("Subject Tract"). The City agrees to convey the Subject Tract, "as is, and with all faults" (with the exception of warranty of title), at the price of one thousand seven hundred fifty dollars ($1,750.00) per acre. The Authority shall be responsible for all costs and expenses related to the acquisition, including without limitation, expenses or costs related to the Owner's Policy of Title Insurance and fees and expenses related to a survey of the Subject Tract. Ad valorem taxes due and owing against the Subject Tract for the year of closing, if any, shall be pro rated. The conveyance of the Subject Tract from the City to the Authority shall be by General Warranty Deed, the warranty therein being subject to: (i) all exceptions to coverage set forth in the Owner's Policy of Title Insurance; (ii) existing easements, rights -of -way, and prescriptive rights, whether of record or not; (iii) all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in persons other than the City; and (iv) other instruments, other than conveyances of the surface fee estate, that affect the Subject Tract. City Hall * 1625 13th Street * P.O. Box 2000 * Lubbock, Texas 79457 * (806)775-2010 * Fax (806)775-3335 E-mail mmcdougal@mail.ci.lubbock.tx.us. Mr. Oscar Jones October 9, 2003 Page 2 Thank you for your inquiry regarding the City's intentions. The City wishes the Authority success in its Bond application process. If you have any questions or comments concerning the matters discussed above, please do not hesitate to contact the undersigned. Sincerely, arc Mc gal Mayor cc: Tommy Gonzalez, Interim City Manager Quincy White, Assistant City Manager 10.14 II: SUBJECT TRACT BEGINNING at a point that is 69.07 feet south of the Northeast corner of Section 3, Block B, Lubbock County, Texas; THENCE 790.00 feet West along a line 69.07 feet south of the North section line of Section 3 to a point; THENCE 800.00 feet South to a point; THENCE 300.00 feet East to a point; THENCE 933.00 feet South to a point; THENCE 490.00 feet East to a point; THENCE 1,733.00 feet North to the PLACE OF BEGINNING. Contains approximately 25 acres.