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HomeMy WebLinkAboutResolution - 3761 - Right Of Way Offer - Hobfood Family Trust - LIA Expansion, Section 32, Block A - 11_21_1991Resolution #3761 November 21, 1991 Item #10 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 public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal purposes and public purposes, to -wit: for the expansion of Lubbock International Airport; 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 tract of land out of Section 32, Block A, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point which bears a distance of 1320.00 feet North and a distance of 260.00 feet East of the Southwest corner of Section 32, Block A, Lubbock County, Texas; THENCE N. 00008'00" W. a distance of 911.93 feet along a line parallel to and a distance of 210.00 feet East of the East ROW line of U. S. 87 to a point; THENCE N. 05034'38" E. a distance of 100.50 feet to a point; THENCE N. 00008'00" W. a distance of 500.00 feet to a point; THENCE N. 02059'45" W. a distance of 200.25 feet to a point; THENCE N. 00008'00" W. a distance of 831.10 feet along a line parallel to and a distance of 210.00 feet East of the East ROW line of U. S. 87 to a point; THENCE N. 02043'45" E. a distance of 97.09 feet to a point for the Northwest corner of this tract; THENCE East a distance of 1061.30 feet to a point for the Northeast corner of this tract; THENCE South a distance of 2640.00 feet to a point for the Southeast corner of this tract; THENCE West a distance of 1060.00 feet to the POINT 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 and the improvements thereon for the sum of $225,000.00 and other consideration. SECTION 3. THAT if the above Contract of Sale is not executed by November 25, 1991, by all of the owners of the above described property, such owners being ROBERT C. HOBGOOD, ULYSS 0. HOBGOOD and MARTHA RUTH BREWER, individually and as Trustees of the "HOBGOOD FAMILY TRUST," the City Attorney of the City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said property for the public purposes and municipal purposes as aforesaid. Passed by the City Council this 21st day of November , 1991. ATTEST: creta APPROVED AS TO CONTENT: C �e_c_ C- E Bucy, Right -of -Way Agent APPROVED AS TO FORM: A41t,9-a Ifaeold WilTard,Assistant City Attorney r- B. C. McMIK - AMOR - 2 - Resolution No..sioi November 21, 1991 Item #10 HW:js THE STATE OF TEXAS § CONTRACT OF SALE COUNTY OF LUBBOCK § This Contract of Sale is made by and between ROBERT C. HOBGOOD, ULYSS O. HOBGOOD and MARTHA RUTH BREWER, each individually and as Trustees of the "HOBGOOD FAMILY TRUST" pursuant to that certain Indenture of Trust dated June 27, 1983, and filed for record in Volume 1846, Page 848 of the Deed Records of Lubbock County, Texas, and Volume 2435, Page 55 of the Real Property Records of Lubbock County, Texas, (and 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"). R E C I T A L S: 1. SELLERS own 64.27 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 HOBGOOD 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 from SELLERS the following described property located in Lubbock County, Texas: A. Real Property: A total of 64.27 acres of land, more -or less, and more particularly described as follows: A tract of land out of Section 32, Block A, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point which bears a distance of 1320.00 feet North and a distance of 260.00 feet East of the Southwest corner of Section 32, Block A, Lubbock County, Texas; THENCE N. 00008/00/1 W. a distance of 911.93 feet along a line parallel to and a distance of 210.00 feet East of the East ROW line of U. S. 87 to a point; THENCE N. 05034'38" E. a distance of 100.50 feet to a point; THENCE N. 00008/00/1 W. a distance of 500.00 feet to a point; THENCE N. 02059/45/1 W. a distance of 200.25 feet to a point; THENCE N. 00008/00/1 W. a distance of 831.10 feet along a line parallel to and a distance of 210.00 feet East of the East ROW line of U. S. 87 to a point; THENCE N. 02043/45/1 E. a distance of 97.09 feet to a point for the Northwest corner of this tract; THENCE East a distance of 1061.30 feet to a point for the Northeast corner of this tract; - 2 - THENCE South a distance of 2640.00 feet to a point for the Southeast corner of this tract; THENCE West a distance of 1060.00 feet to the POINT OF BEGINNING. 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. SELLERS reserve all other oil, gas, and minerals unto themselves. 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. B. Improvements: This Agreement to sell and convey the real property above described shall specifically include irrigation wells, underground tile, and any other improvements situated on such real property. II. BUYER shall pay to SELLERS the purchase price for the real property as follows: A. Cash: TWO HUNDRED TWENTY-FIVE THOUSAND AND N0/100 DOLLARS ($225,000.00) cash to be paid by BUYER to SELLERS jointly at closing. B. Payment for Moving Expenses: In addition to the purchase price, BUYER shall pay to ULYSS O. HOBGOOD the sum of FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) for moving or relocation expenses - 3 - for farm and ranch equipment, personal property and livestock situated on the real property herein described. 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 desired by BUYER. SELLERS will use their best efforts to correct, within thirty (30) days, said ob- jections 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 objec- tions 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. TAXES It is understood that the ad valorem taxes for 1989 and 1990 and all previous years have been paid and that prorated taxes for 1991 to the date of closing will be paid by SELLERS. - 4 - V. CONDITIONS PRECEDENT 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 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 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 CITY is free, beginning January 1, 1992, to enter into any contract for the use, operation, management or maintenance of the HOBGOOD FARM as CITY may desire, subject to the rights of SELLERS to harvest crops for the 1991 crop year. 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 - 5 - completing the sale of the herein described real property shall be on or before January 1, 1992. 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 real property to be conveyed and agrees to accept such property and all improvements thereon conveyed AS IS, WHERE IS and WITH ALL OF THEIR FAULTS; and said property and improvements are 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 the total acreage or bound- aries of the real property. IB. 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. U. O. Hobgood 1602 Avenue H Abernathy, Texas 79311 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. 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 1991 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 such crops without liability or obliga- tion to BUYER. - 7 - %I. REALTOR BUYER and SELLERS represent to each other that neither party has retained a licensed realtor or broker with respect to this Contract of Sale and no realtor or broker fees are due to any party except to ULYSS O. HOBGOOD, who retains a commission upon closing. 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 January 1, 1992. 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 BUYER. GENERAL CONDITIONS A. Possession: BUYER shall acquire the right to own and operate the HOBGOOD 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 under- standings relative to the subject matter hereof. - 8 - 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 Con- tract of Sale, effective this 21st day of November 1991. SELLERS: rr � and as a Trustee of the Hobgood Family Trust D. U S O. H "Indiv" lly apd as a Trustee of the Hobgood Family Trust CITY OF LUBBOCK: C ` BY: 5. C. MCMINY, MAYOR qt: e Boyd, Cit Secretary APPROVED AS TO CONTENT: Ed Bucy, Right-6f-Way Agent APPROVED AS TO FORM: 44� Harold Willard, Assistant City Attorney 41 MARTHA RUTH BREWER, Individually and as a Trustee of the Hobgood Family Trust BUYER: 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 consideration therein expressed and in the capacity therein stated as the act and deed of the City of Lubbock. GIVEN UNDER MY D AND SEAL OF OFFICE this day of 1991. •rr.�-....-- - gpLiS QL1�lIA Stag of Texas NOt�yPUBLIC. - Exp�re� ' C.omBtER 30, 1993 1 iNOV. �yd� Notary blic in and for rl the State of Texas THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared ROBERT C. HOBGOOD, 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. GIVEN ER MY HANp AND SEAL OF OFFICE this day of 1991. otary Public iff and for the State of Texas - 10 - THE STATE OF T S § COUNTY OF s § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared ULYSS O. HOBGOOD, 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. GIVEN UNDER MY D AND SEAL OF OFFICE this day of 1991. otary Public in and for the State of Texas THE STATE OF TE § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared MARTHA RUTH BREWER, 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. G VEN UNDER MY ,HAND AND SEAL OF OFFICE this day of 1991. Notary Public in and for the State of Texas