HomeMy WebLinkAboutResolution - 031474L - Land Sales Contract - Lucy Velma Sullivent - Section 13 Block B - 03_14_1974JWF:sw
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a land sales contract
on behalf of the City of Lubbock to be entered into between said City as Purchaser
and Lucy Velma Sullivent, a Widow, as Vendor, attached herewith which shall be
spread upon the minutes of this Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 14th day of -,M rch 1974.
ATTEST
Treva Phillips, City cretary-Treasurer
APPROVED AS TO FORM:
Fred O, enter, Jr., City n
ORRIS W. TURNER
SALES CONTRACT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK . §
This Contract between LUCY VELMA SULLNENT (A Widow) of 2210
Elgin Avenue, Lubbock, Lubbock County, Texas, hereinafter called "VENDOR"
and the CITY OF LUBBOCK, a Texas Home Rule Municipal Corporation of
Lubbock County, Texas, acting through its Mayor hereunto duly authorized,
hereinafter called "PURCHASER", by which Vendor hereby sells and agrees
to sell and convey to Purchaser and Purchaser agrees to buy and to pay Vendor
for (in the amount of money hereinafter set forth) the hereinafter described
property lying and being situated in Lubbock County, Texas, on the following
terms and conditions:
WITNESSETH;
I
The Purchaser has agreed, and does hereby agree, to take by conveyance
from Vendor a certain tract of land situated, in Lubbock County, Texas, described
as follows:
BEGINNING at a point 965 feet South of the Northwest
Corner of the Southeast 1 of Section 13, Block B,
Lubbock County, Texas;
THENCE East 300 feet;
THENCE South 425 feet;
THENCE West 300 feet;
THENCE North 425 feet to the PLACE OF BEGINNING.
In consideration for the conveyance ofwhich, Purchaser agrees to deliver
to Vendor contemporaneously with the delivery of the deed below descri ed, -
ca_sfi-fie_ sun of _
($ )DOLLARS.�iC'GzA
�"'
II
Vendor agrees to furnish at Vendor's expense an owner's title policy in
the amount of the purchase price to said property, which property shall be conveyer
free and clear of any and all encumberances, and said title policy shall contain no
exceptions to defects in the title other than the usual and customary exceptions
contained in a standard Texas Title Policy Form.
III
Taxes on the real estate herein concerned shall be prorated between Vendor
and Purchaser to date of closing of this sale.
IV
.Purchaser intends or proposes.to erect on the premises herein to be con-
veyed an electrical power substation which requires the approval of the Zoning
Board of Adjustment of the City of Lubbock, and by reason of such requirement
t h is contract is specifically made subject to the final approval of the Zoning
Board of Adjustment of the City of Lubbock for such electric power substation
construction and use by Purchaser, such approval being considered final when
the time for appeal of said approval to the Courts of the State of Texas has lapsed
under Article 1011C, Vernon's Annotated Civil Statutes of Texas (with no appeal
being made) thereby rendering said approval final. If such construction and use
is denied by said Board, such denial shall ipso facto render this contract null and
void and of no force and effect.
V
Purchaser shall forthwith (after the execution of this contract by Purchaser
and Vendor) apply to the Zoning Board of Adjustment of the City of Lubbock for
per:r•ission to erect and use an electrical power substation on the premises as
hereinbefore set forth.
VI
Purchaser acrrees, within fifteen days from the date the title company
approves the title to consummate the sale, except that in no event shall Purchaser
be under any obligation to consummate the sale unless and until the Zoning Board
of Adjustment of the City of Lubbock has finally approved the electrical power
substation construction and use - to which approval this contract is specifically
made subject to as set forth in Section IV hereof. Vendor may, at her option,
cancel this contract if not consummated within sixty (60) days from date hereof,
.regardless of whether final approval by the Zoning Board of Adjustment for such
construction has been rendered or not within such sixty (60) day period. In the
.event of failure by Vendor to furnish good and marketable title, Purchaser may
declare this contract null and void or Purchaser at its option may waive title de
fects and enforce specific performance of same; or Purchaser may enforce specific
performance of same in event Vendor shall fail or refuse to consummate the sale.
Vendor agrees to deliver a good and sufficient General Warranty Deed
properly conveying said property to said Purchaser, and Purchaser agrees, when
said deed is presented, to pay the"cash payment herein provided for. Should the
Purchaser fail to consummate this contract as specified for any reason, except
title defects or lack of zoning approval Vendor may enforce specific performance
of this contract.
VII•
This agreement shall not become operative or effective until duly executed
by both Purchaser and Vendor herein.
EXECUTED in triplicate originals this day of f tt It)) r %J 1974.
LUCY VELMA SULLIVENT - VENDOR
CITY OF LUBBOCK - PURCHASER
MORRIS W. TURNER
ITS MAYOR
ATTEST:
roved as to tOrrt: '
.Lti d Ur, t.. ••v�ft!sy,
Treva Phillips , City S retary-Treasurer
THE STATE OF TEXAS §
COUNTY OF LUBBOCK $
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock
County, Texas, on this day personally appeared MORRIS W. TURNER, 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 this day of
1974.
Notary Public, Lubbock County_, Texas
THE STATE OF TEXAS $
COUNTY OF LUB13OCK §
BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock
County, Texas, on this day personally appeared LUCY VELMA SULLIVENT, 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 UNDER MY HAND AND SEAL OF OFFICE this �' day of
1974.
Notary Public, Lubbock County, Texas