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Home My WebLink AboutResolution - 012871B - ROW Offer - Brooks Super Market, Inc. - Lot A, Liff Sanders Addition - 01_28_1971b /Z P`91B RESOLUTION WHEREAS, the City Council of the City of Lubbock, has heretofore determined the necessity of establishing building set back lines on property abutting Avenue H, and the Liff Sanders Addition to the City of Lubbock, Lu bock County, Texas, and so has enacted Ordinance No. 5896; and, WHEREAS, it has now been determined that the increased vehicular traffic along Avenue H in the vicinity of Liff Sanders Addition, necessitates the straightening, widening and improving of Avenue H; and, WHEREAS, it is necessary to acquire for street and highway right of way purposes the fee simple title to the land hereinafter described, owned bi, BCoa Si Zuper Market, Inc.; and, WHEREAS, the City Council has caused an appraisal to be made of said land and the value and total damages, if any, to the owner, and all others, whose interest may gppear, for fee simple title to said land have been apprasiedJ. in the amount of,$110, 000. 00, and the Council finds such amount to be fair and equitable; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock acquire for the purposes of straightening, widdnift and improving the public street known and described as Avenue H, the fee simple title to the land lying and being situated in Lubbock County, Texas, and more particularly described as follows, to -wit: East 52. 25 feet of Lot A, Liff Sanders Addi- tion, a replat of Lots 1-7, Block 8, Liff Sanders Addition and Jots 9-12, Block 3, Acuff Heights Addition to the City of Lubbock, Lubbock County, Texas. THAT the owner, Brooks Super Market, Inc., and all others, if any, whose interest may appear, be offered throught the Right of Way Department the amount appraised as the value and total damages, if any for the fee simp] title and acquisition of said land for the purposes herein stated, for the use and benefit of the City of Lubbock, and unless accepted forthwith, the City Attorney is hereby authorized and instructed to institute condemnation pro- ceedings for and on behalf of the City of Lubbock to acquire the fee simple I ' title to said land as hereinabove described for street purposes. Passed by the City Council this 28th da of January ATTEST: i i Ldvenia Lowe, ySncretary-Treasurer f _ APPROVED AS TO FORM: enter, Jr., 1991 SALES CONTRACT This contract of sale has been entered into by and between BROOKS SUPER MARKET, INC., of Lubbock County, Texas, hereinafter called "SELLER"; and the CITY OF LUBBOCK, a Home Rule Municipality, of Lubbock County, Texas; hereinafter called "BUYER". WITNESSETH: The SELLER agrees to sell to the BUYER, and the BUYER agrees to purchase, upon the terms and provisions hereof, the following described real property, situated in Lubbock County, Texas, to -wit - East 52. 25 feet of Lot A, Liff Sanders Add- ition, a replat of Lots 1-7, Block 8, Liff Sanders Addition and Lots 9-12, Block 3, Acuff Heights Addition to the City of Lubbock, Lubbock County, Texas. The purchase price agreed upon for the purchase of the above des- cribed property is ONE HUNDRED TEN THOUSAND AND N0/100 ($110, 000. 00) DOLLARS, to be paid in cash upon the consumation of the sale as provided below. The SELLER agrees to furnish BUYER either an Owner's Policy of Title Insurance or a complete Abstract of Title, tax certificates showing no delinquent taxes (current taxes, insurance and rents, if any, to be pro- rated to date of closing) a General Warranty Deed to be recorded at BUYER'S expense, conveying good and marketable title, subject only to the following: none. If Owner's Policy of Title Insurance is to be furnished hereunder, the same is to be delivered as and when the sale is closed, which shall be within seven (7) days from date hereof unless attornys for said Title Company dis- cover objections to title, in which case sale is to be closed when objections are removed, provided the objections are removed within a reasonable time, which in no event shall extend beyond thirty (30) days from date hereof. It is agreed that by the delivery of Owner's Policy of Title Insurance (form pre- scribed by State Board of Insurance of the State of Texas) under the terms of this contract, dated as of the date of closing and issued to BUYER in the amount of the total sales price, guaranteeing BUYER'S title to be good and indefeasible subject only to the foregoing exceptions, if any, and the following: 1. Restrictive covenants affecting the land des- cribed or referred to above. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of improvements. 3. All taxes for the current and subsequent years. 4. Rights of parties in possession. all duties of the SELLER as to the sufficiency of title required hereunder shall be deemed to be fully performed by SELLER; however, SELLER shall not thereby be released from the warranties of his deed. If a complete Abstract of Title is to be furnished hereunder, the same shall be certified by a reputable abstractor or abstractors to a cur- rent date and delivered to BUYER within fourteen (14) days from date here- of and BUYER shall have fourteen (14) days from the date of receipt thereof within which to have it examined and written report made thereon, a copy of which report shall be delivered to SELLER within that time, pointing out any objections to title made by BUYER, and no objection thereto shall be considered unless so pointed out. If no valid objections to the title are so pointed out, the sale is to be closed not later than seven (7) days after the expiration of the time herein allowed BUYER to have the abstract examined. If any valid objections to the title are so pointed out, S ELLER shall have a reasonable time not exceeding thirty (30) days from the date of delivery to SELLER of the written report pointing out the objections to title, in which to cure and remove such objections and close this sale. Time is of the essence of this contract. Upon failure of either party hereto to comply herewith, the parties may at their option declare this contract null and void or enforce specific performance of the same. In addition, if title is found objectionable and is not cleared within the time provided, BUYER may delcare the contract null and void or enforce specific performance hereof or seek such other relief as may be provided by law. ATTEST: ATTEST: THE STATE OF TEXAS T COUNTY OF LUBBOCK i 1971. Lavenia Lowe, City Sec et,ary-Treasurer 6pRmtt+�d >ris t� lomv ,(� F►ed 0. Senter, dr., City Attorri BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared J. H. GRANBERRY, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE T IS 28th day of January 1971. Notary u lic, Lu boc County, Texas THE STATE OF TEXAS X COUNTY OF LUBBOCK Y BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day tpersonally appeared H. L. Brooks of BROOKS SUPER MARKET, INC., a corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of BROOKS SUPER MARKET, INC., a corporation, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _DAY of 1971, Tnow Rota ubii , Lubbock County, Texas