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Home My WebLink AboutResolution - 3420 - Right Of Way Offer - Frances E Maddown & Inez M Trostle - Sewage Effluent - 07_26_1990Resolution # ?420 July 26, 1990 Item #13 HW:js RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located it 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: The Southeast Quarter (SE/4) of Section Six (6), Block 0, 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 Frances Evelyn Maddox and Inez Marie Trostle, the amount of $176,000.00, which is the amount appraised as the value and total damages, for the fee simple title and acquisition of said real estate hereinabove described and improvements located thereon, and that unless such offer is accepted by July 31, 1990, the City Attorney is authorized to proceed with condemnation proceedings. Passed by the City Council this ATTEST: nette uoya, Lity 5ecr APPROVED AS TO CONTENT: Ed Bucy, Right-o - y Agent 26th day of July , 1990. B. C. McMIN , MAYOR APPROVED AS TO FORM: 4 Harold Willard", A§sistiint City Attorney Resolution #3420 HW:js THE STATE OF TEXAS § CONTRACT OF SALE COUNTY OF LUBBOCK § This Contract of Sale is made by and between FRANCES EVELYN MADDOX and INEZ MARIE TROSTLE, both of Potter County, Texas, (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 "CITY" and some- times as "BUYER"). R E C I T A L S: 1. SELLERS own 160.00 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 PUGH ESTATE 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 160.00 acres of land, more or less, and more particularly described as follows: The Southeast Quarter (SE/4) of Section Six (6), Block O, Lubbock County, Texas. This conveyance shall be subject to all written oil, gas and other mineral leases, restrictions, covenants, reservations and mineral severances and rights -of -way of record in Lubbock County, Texas, or visible upon the ground, but only to the extent they are still in force and effect at the time of such conveyance. This Agreement to sell and convey property specifically 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. II. CONSIDERATION BUYER shall pay to SELLERS the purchase price for the real and personal property as follows: A. Cash: ONE HUNDRED SEVENTY-SIX THOUSAND AND N0/100 DOL- LARS ($176,000.00) cash to be paid by BUYER to SELLERS at closing. - 2 - B. Adjustment of Sales Price: The sales price of ONE HUNDRED SEVENTY-SIX THOUSAND AND NO/100 DOLLARS ($176,000.00) is based upon the total acreage of 160.00 acres, more or less. EVIDENCE OF TITLE Within five (5) 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 thirty (30) 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 - 3 - that prorated taxes for 1990 to the date of closing will be paid by SELLERS. 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 - 4 - 1990 crop year, whichever occurs last, to enter into any contract for the use, operation, management or mainte- nance of the PUGH ESTATE 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 - 5 - 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: Frances Evelyn Maddox Inez Marie Trostle P. O. Box 1628 Amarillo, Texas 79105 If to BUYER: John C. Ross, Jr. City Attorney or the Acting 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. 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 August 1, 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 PUGH ESTATE FARM as of January 1, 1991, or at the end of the 1990 crop year, whichever occurs last. - 7 - 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 26th day of duly , 1990. 'MANCER EVELYN DOX SELLERS: -J� INEZ MARIE TROSTLE - 8 - BUYER: CITY OF LUBBOCK: 14 BY: � `i . C. MCMINN, MAYOR ATTEST, A " Y�a &Z' �a/pt&_ , fanette Boyd, city Secretar APPROVED AS TO CONTENT: APPROVED AS TO FORM: Ed Bucy, Right-o Way Agent THE STATE OF TEXAS § COUNTY OF POTTER § arold Willard, Assi tant City Attorney BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared FRANCES EVELYN MADDOX, known to me to be the person whose name is sub- scribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN U R Y HAND AND SEAL OF OFFICE this _ day of 1990. r ram...% NotlAry Public and for thd State of Texas Al NotarY Pubk, State of Texas ice: Ply Commission Expires 6.18-93 THE STATE OF TEXAS § COUNTY OF POTTER BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared INEZ MARIE TROSTLE, 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 UND MY HAND AND SEAL OF OFFICE this S/ -�z day of 1990. Not y Public and for the State of Texas CYNTHIA J. ANDREWS ?' Notary Public, State of Texas .•. THE STATE OF TEXAS § : My Commission Expires 618-93 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 acknowledged to me that he 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. G,c VEN UNDER MY HAND AND SEAL OF OFFICE this, ��i day of a , 1990. Notary Public in and for the State of Texas - 10 -