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HomeMy WebLinkAboutResolution - 3402 - Right Of Way Offer - Anderson Family - Sewage Effluent, Section 5, Block S - 06_28_1990Resolution #-3402 June 28, 1990 Item # 16 HW:js 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 public uses and purposes, to -wit: for the disposal of sewage effluent as an integral part of the sewage disposal system of the City of Lubbock; 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: Approximately 317.589 acres of land more particularly described as the East one-half (112) of Section 5, Block S, Abstract No. 440, Lubbock County, Texas. SECTION 2. THAT the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceed- ings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes and the Right -of -Way Department of the City of Lubbock is authorized to offer the owners of said land, being Edmond A. Anderson and his wife, Helen L. Anderson, and Henry Louis Anderson, the amount of $364,348.00, which is the amount appraised as the value and total damages, for the fee simple title and acquisition of said real estate herein - above described and improvements located thereon, and that unless such offer is accepted by June 29, 1990, the City Attorney is authorized to proceed with condemnation proceedings. Passed by the City Council this ATTEST: ecre°tary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent 28th day of June , 1990. Zoe �-r B. C. McMIN , MAYOR APPROVED AS TO FORM: flAroldWi ar , Assistant ,City Attorney HW:;s THE STATE OF TEXAS § CONTRACT OF SALE COUNTY OF LUBBOCK § This Contract of Sale is made by and between EDMOND A. ANDERSON and his wife, HELEN L. ANDERSON, both of Lubbock County, Texas, and HENRY LOUIS ANDERSON of Bexar County, Texas, (collec- tively 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 "CITY" and sometimes as "BUYER"). R E C I T A L S: 1. SELLERS own 317.589 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 ANDERSON FARM," 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 the follow- ing described property located in Lubbock County, Texas: A. Real Property: A total of 317.589 acres of land, more or less, and more particularly described as follows: The East 1/2 of Section 5, Block S, Abstract No. 440, Lubbock County, Texas. This conveyance shall be subject to all written oil, gas and other minerals 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 in- cludes the property above described together with all the rights and appurtenances pertaining thereto and all improvements thereon. SELLERS hereby reserve all minerals unto themselves and all mineral leasing privileges. B. Personal Property: This Agreement to sell and convey the property above described shall specifically include irrigation wells, underground tile, and any other improvements situated on the real property herein described. C. Payment for Personal Property: Improvements and struc- tures located on the above described real property are valued at $15,000 and payment of such amount therefor is considered separate - 2 - from the land purchase price and will be paid at the time of clos- ing. II. CONSIDERATION BUYER shall pay to SELLERS the purchase price for the real property as follows: A. Cash: THREE HUNDRED FORTY-NINE THOUSAND THREE HUNDRED FORTY-EIGHT AND N0/100 DOLLARS ($349,348.00) cash to be paid by BUYER to SELLERS at closing. B. Adjustment of Sales Price: The sales price of THREE HUNDRED FORTY-NINE THOUSAND THREE HUNDRED FORTY-EIGHT AND NO/100 DOLLARS ($349,348.00) is based upon the total acreage of 317.589 acres, more or less. It is understood that BUYER has the right to cause a survey to be made at BUYER'S expense to determine the exact boundaries, encroachments and number of acres contained in the property acquired by BUYER. In the event the total number of acres as determined by the survey is different than the above stated acreage, the total sales price will.be adjusted upward or downward according to the differ- ence by the sum of ONE THOUSAND ONE HUNDRED AND N0/100 DOLLARS ($1,100.00) per acre. - 3 - EVIDENCE OF TITLE 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 required. SELLERS will use their best efforts to correct, within ten (10) days, said objections and defects. If SELLERS are unable to correct said objections and defects at or before closing, 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 re- quirements, 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. TAXES A. Ad Valorem Taxes: It is understood that the ad valorem taxes for 1988 and 1989 and all previous years have been paid and that prorated taxes for 1990 to the date of closing will be paid by SELLERS. - 4 - V. CONDITIONS PRECEDENT The obligations of the parties to consummate this transaction are subject to the fulfillment, at or prior to closing, of each of the following conditions: A. A title policy issued in favor of CITY as hereinabove set forth. B. CITY is able to secure from SELLERS such legal documents as may be required to consummate this transaction, in- cluding 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 encum- brances as herein provided or which may appear at the time of closing, including a general warranty deed from the respective SELLERS and appropriate release of all liens. C. Compliance with all laws applicable to CITY as may be necessary to effectuate this Contract, together with the issuance and funding of all necessary debt financing of CITY with respect to the purchase. D. The acquisition of the real estate is free and clear of all claims of any parties in possession so that CITY is free, beginning January 1, 1991, or at the end of the 1990 crop year, whichever occurs last, to enter into any - 5 - contract for the use, operation, management or mainte- nance of the ANDERSON FARM as CITY may desire, subject to the rights of SELLERS to harvest crops for the 1990 crop year as herein provided. Immediately upon execution of this Contract, SELLERS and BUYER each agree to diligently pursue in good faith all actions as may be necessary to fulfill the above conditions as soon as reasonably possible. 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, executors, successors and assigns. VII. 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. VIII. PROPERTY ACCEPTED AS IS BUYER represents that it has inspected the property and agrees to accept the real property and all personal property and improve- ments conveyed AS IS, WHERE IS and WITH ALL OF THEIR FAULTS; and S� said property is being sold without any warranty as to quality or fitness, save and except those representations made in a general warranty deed and bill of sale in the standard form provided by the State of Texas. SELLERS do not warrant as to the total footage of underground pipe; the total footage of fences; the condition of any improvements or irrigation equipment; or the total acreage or boundaries. IX. NOTICE Any notice given or made for any purpose pursuant to this Contract shall be valid if in writing and sent by certified mail, return receipt requested, postage prepaid, addressed as follows: If to SELLERS: Mr. and Mrs. Edmond A. Anderson Route 15, Block 580 Lubbock, Texas 79415-9620 AND Mr. Henry Louis Anderson 1518 Beconsfield Street San Antonio, Texas 78216 If to BUYER: John C. Ross, Jr. City Attorney 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. - 7 - X. CROPS It is understood and agreed that all of the feed and harvested crops on hand, as well as the growing of crops for the year 1990 and proceeds of sale from all such crops, belong to and are being retained by the respective SELLERS, and SELLERS have the right to continue the harvest of all crops without liability or obligation to BUYER. XI. REALTOR BUYER and SELLERS represent to each other that neither party has retained a realtor or broker with respect to this Contract of Sale and no realtor or broker fees are due to any party. XII. 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 29, 1990. Closing shall take place at the office of the title company selected by BUYER, 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. XIII. GENERAL CONDITIONS A. Possession: BUYER shall acquire the right to own and operate the ANDERSON FARM as of January 1, 1991, or at the end of the 1990 crop year, whichever occurs last. 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 under- standings relative to the subject matter hereof. C. Contract Survives: The terms and conditions of this Contract shall survive closing and are enforceable as between the parties hereto, their heirs, legal representatives, successors and assigns. D. 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 Con- tract of Sale, effective this 28th day of 1990. SELLERS: June EDMOND A. ANDERSON HELEN L. ANDERSON HENRY OUIS ANDERSON 11 BUYER: CITY OF LUBBOCK: C, 3 BY: . B. C. MCM NN, MAYOR TTEST: f � Ranette Boyd, City Seci�ary APPROVED AS TO CONTENT: cy; i /-3c ,_ Ed Bucy, Right -of -Way Agent THE STATE OF TEXAS § COUNTY OF LUBBOCK § APPROVED AS TO FORM: lo arold Willard, Assistant City Attorney BEFORE ME, the undersigned authority, a Notary Public in and 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 . 1990. Notary Public in and for the State of Texas day of - 10 - 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 B. C. McMINN, MAYOR of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowl- edged to me that he executed the same for the purposes and consid- eration therein expressed and in the capacity therein stated as the act and deed of the City of Lubbock. o GIVEN UNDER MY HAND AND SEAL OF OFFICE this C O � day of 1990. Notary Public in and for the State of Texas 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 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 , 1990. Notary Public in and for the State of Texas THE STATE OF TEXAS § COUNTY OF BEXAR § day of BEFORE ME, the undersigned authority, a Notary Public in and 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. EN UNDER MY HAND AND SEAL OF OFFICE this day of 1990. AA Notary Publlic in and for the State o Texas - 11 HW : j s THE STATE OF TEXAS § CONTRACT OF SALE COUNTY OF LUBBOCK § This Contract of Sale is made by and between EDMOND A. ANDERSON and his wife, HELEN L. ANDERSON, both of Lubbock County, Texas, and HENRY LOUIS ANDERSON of Bexar County, Texas, (collec- tively 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 "CITY" and sometimes as "BUYER"). R E C I T A L S: 1. SELLERS own 317.589 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 ANDERSON FARM," 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 the follow- ing described property located in Lubbock County, Texas: A. Real Property: A total of 317.589 acres of land, more or less, and more particularly described as follows: The East 1/2 of Section 5, Block S, Abstract No. 440, Lubbock County, Texas. This conveyance shall be subject to all written oil, gas and other minerals 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 in- cludes the property above described together with all the rights and appurtenances pertaining thereto and all improvements thereon. SELLERS hereby reserve all minerals unto themselves and all mineral leasing privileges. B. Personal Property: This Agreement to sell and convey the property above described shall specifically include irrigation wells, underground tile, and any other improvements situated on the real property herein described. C. Payment for Personal Property: Improvements and struc- tures located on the above described real property are valued at $15,000 and payment of such amount therefor is considered separate - 2 - from the land purchase price and will be paid at the time of clos- ing. II. CONSIDERATION BUYER shall pay to SELLERS the purchase price for the real property as follows: A. Cash: THREE HUNDRED FORTY-NINE THOUSAND THREE HUNDRED FORTY-EIGHT AND N01100 DOLLARS ($349,348.00) cash to be paid by BUYER to SELLERS at closing. B. Adjustment of Sales Price: The sales price of THREE HUNDRED FORTY-NINE THOUSAND THREE HUNDRED FORTY-EIGHT AND N0/100 DOLLARS ($349,348.00) is based upon the total acreage of 317.589 acres, more or less. It is understood that BUYER has the right to cause a survey to be made at BUYER'S expense to determine the exact boundaries, encroachments and number of acres contained in the property acquired by BUYER. In the event the total number of acres as determined by the survey is different than the above stated acreage, the total sales price will be adjusted upward or downward according to the differ- ence by the sum of ONE THOUSAND ONE HUNDRED AND N0/100 DOLLARS ($1,100.00) per acre. - 3 - EVIDENCE OF TITLE 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 required. SELLERS will use their best efforts to correct, within ten (10) days, said objections and defects. If SELLERS are unable to correct said objections and defects at or before closing, 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 re- quirements, 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. TAXES A. Ad Valorem Taxes: It is understood that the ad valorem taxes for 1988 and 1989 and all previous years have been paid and that prorated taxes for 1990 to the date of closing will be paid by SELLERS. - 4 - V. CONDITIONS PRECEDENT The obligations of the parties to consummate this transaction are subject to the fulfillment, at or prior to closing, of each of the following conditions: A. A title policy issued in favor of CITY as hereinabove set forth. B. CITY is able to secure from SELLERS such legal documents as may be required to consummate this transaction, in- cluding 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 encum- brances as herein provided or which may appear at the time of closing, including a general warranty deed from the respective SELLERS and appropriate release of all liens. C. Compliance with all laws applicable to CITY as may be necessary to effectuate this Contract, together with the issuance and funding of all necessary debt financing of CITY with respect to the purchase. D. The acquisition of the real estate is free and clear of all claims of any parties in possession so that CITY is free, beginning January 1, 1991, or at the end of the 1990 crop year, whichever occurs last, to enter into any - 5 - contract for the use, operation, management or mainte- nance of the ANDERSON FARM as CITY may desire, subject to the rights of SELLERS to harvest crops for the 1990 crop year as herein provided. Immediately upon execution of this Contract, SELLERS and BUYER each agree to diligently pursue in good faith all actions as may be necessary to fulfill the above conditions as soon as reasonably possible. 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, executors, successors and assigns. VII. PLACE OF PE 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. VIII. PROPERTY ACCEPTED AS IS BUYER represents that it has inspected the property and agrees to accept the real property and all personal property and improve- ments conveyed AS IS, WHERE IS and WITH ALL OF THEIR FAULTS; and said property is being sold without any warranty as to quality or fitness, save and except those representations made in a general warranty deed and bill of sale in the standard form provided by the State of Texas. SELLERS do not warrant as to the total footage of underground pipe; the total footage of fences; the condition of any improvements or irrigation equipment; or the total acreage or boundaries. IX. NOTICE Any notice given or made for any purpose pursuant to this Contract shall be valid if in writing and sent by certified mail, return receipt requested, postage prepaid, addressed as follows: If to SELLERS: Mr. and Mrs. Edmond A. Anderson Route 15, Block 580 Lubbock, Texas 79415-9620 AND Mr. Henry Louis Anderson 1518 Beconsfield Street San Antonio, Texas 78216 If to BUYER: John C. Ross, Jr. City Attorney 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. - 7 - X. CROPS It is understood and agreed that all of the feed and harvested crops on hand, as well as the growing of crops for the year 1990 and proceeds of sale from all such crops, belong to and are being retained by the respective SELLERS, and SELLERS have the right to continue the harvest of all crops without liability or obligation to BUYER. XI. REALTOR BUYER and SELLERS represent to each other that neither party has retained a realtor or broker with respect to this Contract of Sale and no realtor or broker fees are due to any party. XII. 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 29, 1990. Closing shall take place at the office of the title company selected by BUYER, 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. - 8 - XIII. GENERAL CONDITIONS A. Possession: BUYER shall acquire the right to own and operate the ANDERSON FARM as of January 1, 1991, or at the end of the 1990 crop year, whichever occurs last. 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 under- standings relative to the subject matter hereof. C. Contract Survives: The terms and conditions of this Contract shall survive closing and are enforceable as between the parties hereto, their heirs, legal representatives, successors and assigns. D. 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 Con- tract of Sale, effective this 28th day of June , 1990. zV1VMWn'P4. dltef�t=' EDf4OND A. � SELLERS: HELEN L. ANDERSON HENRY OUIS ANDERSON 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 B. C. McMINN, MAYOR of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowl- edged to me that he executed the same for the purposes and consid- eration therein expressed and in the capacity therein stated as the act and deed of the City of Lubbock. d GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1990. Notary Public in and for the State of Texas BUYER: CITY OF LUBBOCK: 4 BY: B. C. McM NN, MAYOR TEST anet a Boyd, City Sec etary APPROVED AS TO CONTENT: c---'2�i /-3Lc G Ed Bucy, Ri ht-of-Way Agent THE STATE OF TEXAS § COUNTY OF LUBBOCK § APPROVED AS TO FORM: arold Willard, Assis ant City Attorney BEFORE ME, the undersigned authority, a Notary Public in and 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 29th day of June , 1990. (BETOM N.:JONESmusNotary Public in and for WCoME 1"t the State of Texas Tam N. Jones 188202121111 — 10 — 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 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 Zgth day of June , 1990. .l T?-7 ./7, 777-- 1✓"lf/./:.=ice'` • INES kv COMM199 ill THE STATE OF TEXAS COUNTY OF BEXAR Notary Public in and for the State of Texas Tom N. Jones BEFORE ME, the undersigned authority, a Notary Public in and 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. EN UNDER MY HAND AND SEAL OF OFFICE this C3 day of 1990. Notar Pub 'c in and for the State o Texas