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HomeMy WebLinkAboutResolution - 4659 - Right Of Way Offer - James Truett Moore, Et Al - Street Department Salt Storage - 11_10_1994Resolution No. 4659 November 10, 1994 Item #28 RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby deternune 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 a street department salt storage facility, 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: Lot Three (3), George Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded in Volume 783, Page 27 of the Deed Records of Lubbock County, Texas. SAVE AND EXCEPT that portion of subject property awarded to the State of Texas by that certain "Agree Judgement" dated April 2, 1992 recorded in Volume 3 83 1, Page 221 of the Real Property Records of Lubbock County, Texas, and being further described as follows: BEGINNING at a point at the most Westerly Southwest corner of said Lot 3, and in the East right-of-way line of North Avenue H, said point being 388.00 feet North 87'36' 15" West of a point in a North -South line of said Lot 3; THENCE N. 02023'42" East, along the West line of said Lot 3 and in the East right-of-way line of North Avenue H, a distance of 128.21 feet to a point, being the Northwest corner of said Lot 3; THENCE N. 02002'2T' East, along the East right-of-way line of North Avenue H, a distance of 1.32 feet to a point in the North line of said tract; THENCE S. 87037'08" East, a distance of 44.70 feet to a point in the East line of said tract; THENCE S. 04035'44" East, a distance of 1.49 feet to a point in the North line of said Lot 3, continuing on a distance of 129.02 feet in Lot 3, in all, a distance of 130.51 feet to a point, in the most Northerly South line of said Lot 3; THENCE N. 8703 6'15" West, along the most Northerly South line of said Lot 3, a distance of 60.58 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 for the sum of $69,989.40. SECTION 3. THAT if the above Contract of Sale is not executed by November 1, 1994, by the owners of the above -described property, such owners being JAMES TRUETT MOORE, being one and the same person as James T. Moore and Jim T. Moore, and SHER A SUE SWANSON, RHONDA GAYLE LITSEY, TERESA MICHELLE BELL, RANDELL SCOTT MOORE, SHERMAN A. HOPE, and SHERMORE DEVELOPMENT COMPANY, 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. Passed by the City Council this ATTEST: &� U��L Betty A Johnson, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Depart1hent APPROVED AS TO FORM: JokfTHarts6fl, Assistant City Attorney HW:js/K-MOORE.RES ccdoc s/Octoba 12, 1994 -2- Resolution No. 4659 November 10, 1994 Item #28 THE STATE OF TEXAS § CONTRACT OF SALE COUNTY OF LUBBOCK § This Contract of Sale is made by and between JAMES TRUETT MOORE, being one and the same person as James T. Moore and Jim T. Moore, and SHEILA SUE SWANSON, RHONDA GAYLE LITSEY, TERESA MICHELLE BELL, RANDELL SCOTT MOORE, SHERMAN A. HOPE AND SHERMORE DEVELOPMENT COMPANY, (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" and sometimes as "CITY"). RECITALS: 1. SELLERS own Lot 3, George Addition to the City of Lubbock, Lubbock County, Texas, and all improvements, located upon said real property. 2. SELLERS desire to sell and CITY desires to buy the above described real property and improvements thereon, herein collectively referred to as "the MOORE 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, 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: metes and bounds being further described as follows: Lot Three (3), George Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded in Volume 783, Page 27 of the Deed Records of Lubbock County, Texas. SAVE AND EXCEPT that portion of subject property awarded to the State of Texas by that certain "Agree Judgement" dated April 2, 1992 recorded in Volume 3831, Page 221 of the Real Property Records of Lubbock County, Texas, and being fin ther described as follows: BEGINNING at a point at the most Westerly Southwest corner of said Lot 3, and in the East right-of-way line of North Avenue H, said point being 388.00 feet North 87036' 15" West of a point in a North -South line of said Lot 3; THENCE N. 02°23'42" East, along the West line of said Lot 3 and in the East right-of-way line of North Avenue H, a distance of 128.21 feet to a point, being the Northwest corner of said Lot 3; THENCE N. 02002'2T' East, along the East right-of-way line of North Avenue H, a distance of 1.32 feet to a point in the North line of said tract; THENCE S. 87037'08" East, a distance of 44.70 feet to a point in the East line of said tract; THENCE S. 04035'44" East, a distance of 1.49 feet to a point in the North line of said Lot 3, continuing on a distance of 129.02 feet in Lot 3, in all, a distance of 130.51 feet to a point, in the most Northerly South line of said Lot 3; THENCE N. 87036' 15" West, along the most Northerly South line of said Lot 3, a distance of 60.58 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. 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. H. CONSIDERATION BUYER shall pay to SELLERS for the above-descnbed property and improvements the following sum: SIXTY-NINE THOUSAND NINE HUNDRED AND EIGHTY-NINE AND 40/100 DOLLARS ($69,989.40) cash to be paid by BUYER to SELLERS at closing. CONTRACT OF SALE JAMES TR= MOORE ET AL - PAGE 2 EVIDENCE OF TITLE The title commitment and policy will be issued from the downtown office of Service Title Company of Lubbock, Texas. IV. TAXES It is understood that the ad valorem taxes for 1986 through 1993 have not been paid and are delinquent and the prorated taxes for 1994 to the date of closing will all be paid by SELLERS at the time of closing. Delinquent taxes and the prorated taxes for 1994 are to be taken out of the sales price at closing. Total tax amount due is approximately $25,000.00. 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 BUYER as hereinabove set forth- B. BUYER is able to secure from SELLERS such legal documents as may be required to consummate this transaction, including 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 encumbrances, except as herein provided, or which may appear at the time of closing, including a general warranty deed from the SELLERS. 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 completing the sale of the Moore Property shall be on or before December 15, 1994. CONTRACT OF SALE JAMES TR= MOORE ET AL - PAGE 3 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. 6"1 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. VM. PROPERTY ACCEPTED AS IS BUYER represents that it has inspected the real property to be conveyed and agrees to accept such property conveyed AS 15 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. SELLERS herein give no warranty as to the condition of any improvements being conveyed. I" 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: JAMES T. MOORE 3402 62nd Street Lubbock, Texas 79413 SHERMAN A. HOPE, M.D. 901 Tahoka Road Brownfield, Texas 79316 CONTRACT OF WX JAMES TRt= MOORE ET AL --- PAGE 4 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 SELLERS, if desired. 4" REALTOR SELLERS represent to BUYER that they have not retained a licensed realtor or broker with respect to this Contract of Sale but, if SELLERS do, payment of any realtor or broker fees shall be SELLERS' obligation. 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 December 15, 1994. 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 CONTRACT OF SALE JAMES TRUETT MOORE ET AL - PAGE 5 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. Counten)arts: This Contract may be executed in one or more counterparts, each of which shall be effective as an original. C4W Mechanic's Lien in favor of Dan Lee for FOUR THOUSAND NINE HUNDRED EIGHTY-NINE AND 40/100 DOLLARS (S4,989.40) will be subtracted from the purchase price and paid to him at closing. IN WITNESS WHEREOF, the parties hereto have executed this Contract of Sale, effective this I o-ox day of N c i to (3 uL .1994. SELLERS: J*vIES TRUETT MOORE a/k/a James - SHEILA SUE SWANSON Mbore a/k/a Jim T. Moore 40MA&AYLEIITSItY �SA MICHELLE BELL RANDELL SCOTT MOORE SHERMAN A. HOPE a Shermore Development Company, a Texas Corp. CONTRACT OF SALE JAMES TRUETT MOORE ET AL — PAGE 6 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. XIV. Mechanic's Lien in favor of Dan Lee for FOUR THOUSAND NINE HUNDRED EIGHTY-NINE AND 40/100 DOLLARS ($4,989.40) will be subtracted from the purchase price and paid to him at closing. IN WITNESS WHEREOF, the parties hereto have executed this Contract of Sale, effective this 10 4k,� day of N ov z r-i a Ea- , 1994. SELLERS: JAMES TRUETT MOORE a/k/a James T. Moore a/k/a Tim T. Moore RHONDA GAYLE ITSEY RANDELL SCOTT MOORE SHEILA SUE SWANSON TERESA MICHELLE BELL SHERMAN A. HOPE d/b/a Shermore Development Company, a Texas Corp. CONTRACT OF SALE JAMES TRUETT MOORE Er AL - PAGE 6 BUYER: ATTEST: Betty M. Johnsofi,­Cjty Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Atent APPROVED AS TO FORM: Jeff HaAseU, 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 10 th day of November ,1994. VAMJM Notary Public in and for the State of Texas My Commission Expires: 10111196 CONTRACT OF SALE JAMES TRUM MOORS ET AL — PAGE 7 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 JAMES TRUETT MOORE, 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 day of OCTo 6 �2 . 1994. nn ®EDWARD WIts0N BUCY Notary Public to and or the State o exas Notary ►ublic. ihfa el T.".6 �1 t M' Can.ntiria, b"W" 11-21-11i My Commission Expires: Z iROW 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 SHEH A SUE SWANSON, 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. IM i tr► New Jim Johnson Notary Pubic &QFvv STATE OF TEXAS comet. Eip. 6-8-96 SEAL OF OFFICE this day of 1994. No in aifil or the State of Tom My Commission Expires: �O CONTRACT OF SALE JAMES TRUETT MOORE ET AL -- PAGE 9 THE STATE OF ARKANSAS § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared RHONDA GAYLE LITSE)� known to me to be the person whose name is subscribed to the foregoin* instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN ER MY HAND AND SEAL OF OFFICE this �'�' day of ti , 1994. My Commission Expires: 9 —/15� �r� THE STATE OF TEXAS § COUNTY OF R%L /L _ij § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared T*ERESA MICHELLE BELL, known to me to be the person whose name is subscribed to the foregoin* 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 day of 1;7'�, 42 rL1�- , 1994. (:2jotary Pubfic in and for the State of Tom My Commission Expires: 1 S DODE*m Noq Tom, Sute of Ton APL ' � CONTRACT OF SAJE JAMES TRUETT MOORE ET AL -- PAGE 9 THE STATE OF TEXAS § COUNTY OF 64-L%(.S m /1J § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared RANDELL SCOTT MOORE, 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 Y da of 1994. w...�ex.sMw.. F. LYNN GRAVLEY N ary b c inVdfo'the ateof Texas NOTARY PUBLIC State of Texas y Co ssion: C� Comm. Exp. 04.08.98 THE STATE OF TEXAS § COUNTY OF Z BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared SHERMAN A. HOPE d/b/a Shermore Development Company, 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 , 1994. Hi jdK-MOORE.DOC W-C�Odob" 12, 1994 Notary Public in and for the State of Texas My Commission Expires: CONTRACT OF SALE JAMES TRUETT MOORE ET AL — PAGE 10 day of THE STATE OF TEXAS § COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared RANDELL SCOTT MOORE, 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 .1994. Notary Public 1n and for the State of Texas My Commission Expires: THE STATE OF TEXAS COUNTY OF day of BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared SHERMAN A. HOPE d/b/a Shermore Development Company, 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 C f O h ,k r , 1994. 0115 =.ti 4� N�tary Public in and for the State of TqW My Commission Expires: �d�4 rE OFF; . M-Coa AW*10c"w 12, 1994 CONTRACT OF SALE JAMES TRUETr MOORE ET AL — PAGE 10 day of