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HomeMy WebLinkAboutResolution - 4407 - Acquisition Of Land - Max E Ramsey - Branch Library Construction - 02_24_1994Resolution No. 4407 February 24, 1994 Item #35 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 wel- fare demand and create a public necessity for the acquisition of additional land for municipal purposes and public purposes, to -wit: for construction of a branch library, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of such lands as needed for such purposes as aforesaid; 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 the Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A 9.69 acre tract of land located in Section 2, Block A, Lubbock County, Texas. 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 for the sum of $40,000.00. SECTION 3. THAT if the above Contract of Sale is not executed by April 1, 1994, by the owner of the above -described property, such Owner being MAX E. RAMSEY, 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 municipal purposes and public purposes as aforesaid. APPROVED AS TO CONTENT: C� /> Ed Bucy, Right -of -Way Department APPROVED AS TO FORM: Harold Willard, Assistant 6tity Attorney HW js/K-RAMSEY.RES ccdocs/January 12, 1994 Resolution No. February 24, 1994 Item #35 THE STATE OF TEXAS § CONTRACT OF SALE COUNTY OF LUBBOCK § This Contract of Sale is made by and between MAX E. RAMSEY, (referred to herein as "SELLER") and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation of Lubbock County, Texas, (referred to herein sometimes as 'BUYER" and sometimes as "CITY"). RECITALS: 1. SELLER owns 9.69 acres, more or less, in Section 2, Block A, Lubbock County, Texas, and all improvements, if any, located upon said real property. 2. SELLER desires to sell and CITY desires to buy the above described real property and improvements thereon, herein collectively referred to as "the RAMSEY PROPERTY," free and clear of all liens, claims and encumbrances, and upon the terms and conditions hereinafter set forth. AGREEMENT: I. PROPERTY For the consideration hereinafter set forth and upon all terms, conditions and provisions herein contained, SELLER agrees to sell and convey to BUYER, and BUYER agrees to purchase from SELLER the following described property located in Lubbock County, Texas: A_ Real Property: approximately 9.69 acres, located in Section 2, Block A, Lubbock County, Texas, address of 1802 Parkway Drive. 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 includes the real property above described together with all the rights and appurtenances pertaining thereto and any improvements thereon except as otherwise expressly stated in this Contract. II. CONSIDERATION BUYER shall pay to SELLER for the above -described property and improvements the following sum: FORTY THOUSAND AND N01100 DOLLARS ($40,000.00) cash to be paid by BUYER to SELLER at closing. EVIDENCE OF TITLE The title commitment and policy will be issued from the title company selected by LI-IJIVIA-3 IV. TAXES It is understood that the ad valorem taxes for 1993 and all previous years have been paid and that prorated taxes for 1994 to the date of closing will be paid by SELLER- V. CONDITIONS PRECEDENT The obligations of the BUYER and SELLER 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 BUYER as hereinabove set forth. B. BUYER is able to secure from SELLER such legal documents as may be required to consummate this transaction, including the acquisition of good and indefeasible CONTRACT OF SALE MAX E. RAMSEY - PAGE 2 title to the property which is the subject of this Contract of Sale, free and clear of all liens, claims and encumbrances, except as herein provided, or which may appear at the time of closing, including a general warranty deed from the SELLER Immediately upon execution of this Contract, SELLER 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 SELLER agree that the closing date for completing the sale of the Ramsey Property shall be on or before May 1, 1994. 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. it PROPERTY ACCEPTED AS IS BUYER represents that it has inspected the real property to be conveyed and agrees to accept such property conveyed AS IS, WHERE IS and WITH ALL OF ITS 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 in the standard form provided by the State of Texas. SELLER herein give no warranty as to the condition of any improvements being conveyed. CONTRACT OF SALE MAX E. RAMSEY - PAGE 3 IX. 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 SELLER: MAX E. RAMSEY P. O. Box 4803 Odessa, Texas 79860 If to BUYER: 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. X. SURVEY BUYER, at its expense, will pay for a survey of the property owned by SELLER The legal description of said property, obtained as a result of the survey, will be used in the General Warranty Deed. XI. REALTOR SELLER represents to BUYER that he has retained a licensed realtor or broker with respect to this Contract of Sale but that payment of any realtor or broker fees shall be SELLER'S obligation. CONTRACT OF SALE MAX E. RAMSEY - PAGE 4 XH. CLOSING Time is of the essence in this Contract. It is understood that after this Contract is executed, actions are required by both SELLER and BUYER in order to satisfy the conditions precedent, and that closing will occur on or before May 1, 1994. Closing shall take place at the downtown office of Lubbock Abstract 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. 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 understandings relative to the subject matter hereof. B. Counterparts: This Contract may be executed in one or more counterparts, each of which shall be effective as an original. IN WITNESS ,WHEREOF the arties hereto have executed this Contract of Sale, effective this day of 1994. SELLER: -2 G, Rt�MSEY CONTRACT OF SALE MAX E. RAMSEY - PAGE 5 BUYER: ATTEST: /&*e' I I nloL etty M.&Ioifiison, CiV Secretary APPROVED AS TO CONTENT: Eeoall� Ed Bucy, Right-of-MMy Agent APPROVED AS TO FORM: arold Willard, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared DAVID R. LANGSTON, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24th day of February , 1994. LON BETH WALKER ""p�a Es11�t 10�3-96 otary Public in and for the State of Texas My Commission Expires. 10-23-96 CONTRACT OF SALE MAX E_ RAMSEY — PAGE 6 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared MAX E. RAMSEY, 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 February , 1994. HW js/K-RAMSEY.DOC M,ConUAgmts wwary 12, 1994 11th Notary brondo and forte State of Texas Mary An My Commission Expires: 5 -1- 9 7 day of CONTRACT OF SALE MAX E. RAMSEY — PAGE 7 Resolution No. 4407 February 24, 1994 Item #35 THE STATE OF TEXAS § CONTRACT OF SALE COUNTY OF LUBBOCK § This Contract of Sale is made by and between MAX E. RAMSEY, (referred to herein as "SELLER") and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation of Lubbock County, Texas, (referred to herein sometimes as 'BUYER" and sometimes as "CITY"). RECITALS: 1. SELLER owns 9.69 acres, more or less, in Section 2, Block A, Lubbock County, Texas, and all improvements, if any, located upon said real property. 2. SELLER desires to sell and CITY desires to buy the above described real property and improvements thereon, herein collectively referred to as "the RAMSEY PROPERTY," free and clear of all liens, claims and encumbrances, and upon the terms and conditions hereinafter set forth. AGREEMENT: I. PROPERTY For the consideration hereinafter set forth and upon all terms, conditions and provisions herein contained, SELLER agrees to sell and convey to BUYER, and BUYER agrees to purchase from SELLER the following described property located in Lubbock County, Texas: A. Real Property: approximately 9.69 acres, located in Section 2, Block A, Lubbock County, Texas, address of 1802 Parkway Drive. 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 includes the real property above described together with all the rights and appurtenances pertaining thereto and any improvements thereon except as otherwise expressly stated in this Contract. II. CONSIDERATION BUYER shall pay to SELLER for the above -described property and improvements the following sum: FORTY THOUSAND AND N0/100 DOLLARS ($40,000.00) cash to be paid by BUYER to SELLER at closing. EVIDENCE OF TITLE The title commitment and policy will be issued from the title company selected by IV. TAXES It is understood that the ad valorem taxes for 1993 and all previous years have been paid and that prorated taxes for 1994 to the date of closing will be paid by SELLER. V. CONDITIONS PRECEDENT The obligations of the BUYER and SELLER 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 BUYER as hereinabove set forth. B. BUYER is able to secure from SELLER such legal documents as may be required to consummate this transaction, including the acquisition of good and indefeasible CONTRACT OF SALE MAX E. RAMSEY - PAGE 2 title to the property which is the subject of this Contract of Sale, free and clear of all liens, claims and encumbrances, except as herein provided, or which may appear at the time of closing, including a general warranty deed from the SELLER. Immediately upon execution of this Contract, SELLER 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 SELLER agree that the closing date for completing the sale of the Ramsey Property shall be on or before May 1, 1994. 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 conveyed AS IS, WHERE IS and WITH ALL OF ITS 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 in the standard form provided by the State of Texas. SELLER herein give no warranty as to the condition of any improvements being conveyed. CONTRACT OF SALE MAX E. RAMSEY - PAGE 3 IX. 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 SELLER: MAX E. RAMSEY P. O. Box 4803 Odessa, Texas 79860 If to BUYER: 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. X. SURVEY BUYER, at its expense, will pay for a survey of the property owned by SELLER. The legal description of said property, obtained as a result of the survey, will be used in the General Warranty Deed. XI. REALTOR SELLER represents to BUYER that he has retained a licensed realtor or broker with respect to this Contract of Sale but that payment of any realtor or broker fees shall be SELLER'S obligation. CONTRACT OF SALE MAX E. RAMSEY - PAGE 4 XH. CLOSING Time is of the essence in this Contract. It is understood that after this Contract is executed, actions are required by both SELLER and BUYER in order to satisfy the conditions precedent, and that closing will occur on or before May 1, 1994. Closing shall take place at the downtown office of Lubbock Abstract 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. XIII. GENERAL CONDITIONS A. 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 understandings relative to the subject matter hereof. B. 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 Contract of Sale, effective this day of ,ti1r./ , 1994. CONTRACT OF SALE MAX E. RAMSEY - PAGE 5 RTTV1i 12* AlIhNI &# ou Betty ,r.v M. go - son, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Harold Willard, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared DAVID R. LANGSTON, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24th day of February , 1994. Public in and for the State of Texas LM METH U1AL,KiER 10-23-96 opoppoopp-N � = My Commission Expires: CONTRACT OF SALE MAX E. RAMSEY — PAGE 6 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared MAX E. RAMSEY, 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 February 1994. 11th day of �� >• n w Notary 4blicd for the State of Texas Mary Anc ndo My Commission Expires: 5-1- 97 HW.js/K-RAMSEY.DOC M-ContsAgmts/January 12, 1994 CONTRACT OF SALE MAX E. RAMSEY — PAGE 7