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HomeMy WebLinkAboutResolution - 031474M - Real Estate Purchase Contract - Robert R. Gunn - Survey 80 Block A - 03_14_1974RESOLUTION 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 real estate purchase contract (as Purchaser) with Robert R. Gunn (as Seller), 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 in detail. Passed by the City Council this 14th day of March 1974. d ORRIS W.• R ER, MAYOR I ATTEST: Treva Phillips, C' Secretary -Treasurer APPROVED AS TO FORM: I� �red O. Senter, Jr., Ci orney SALES CONTRACT THE STATE OF TEXAS § , COUNTY OF LUBBOCK § This Contract between ROBERT R. GUNN of Travis 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, Tex- as, 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, describe4 as follows: All that certain tract or parcel of land, being a two (2) acre tract of land, more or less, out of Survey 80, Block A, Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a point 4018, 9 feet East and 266. 35 feet North of a one inch galvanized 'iron pipe set for .1heSouth- west Corner of Survey Eighty (80), Block A, Lubbock County, .Texas, said point being the Southwest Corner of this tract identified by a State Highway right-of-way marker; THENCE, North 21 degrees, 37 minutes, 15 seconds West, a distance of 417.42 feet to a 2 x 2 stake set for the Northwest Corner of this tract; THENCE, North 68 degrees, 22 minutes, 45 seconds East; a distance of 208, 71 feet to a 2 x 2 stake set for the Northeast Corner of this tract; THENCE, South 21 degrees, 37 minutes, 15 seconds East, a distance of 417.42 feet to a 2 x 2 stake set in the Northwesterly right-of-way line of a Federal Highway for the Southeast Corner of this tract; THENCE Southwesterly along a curve which is the Northwesterly right-of-way line of Federal Highway No. 87, running North from Lubbock to the PLACE OF BEGINNING. Said property being the same property described in deed dated June 22, 1971, from South Plains Electric Cooperative, Inc., unto the said Robert R. Gur recorded at Volume 1271, Page 673 of the Deed Records of Lubbock County, Tex reference to which is hereby made for all pertinent purposes: In consideration for the conveyance of which, Purchaser agrees to delive to Vendor contemporaneously with the delivery of the deed below described, in c the sum of EIGHTY TWO THOUSAND AND NO/100 ($82, 000. 00) DOLLARS. II - `- - ----- - Vendor--agrees-to-furnish at -Vendor's expense an owner's title policy in tl amount of the purchase price to said property, which property shall be conveyed free and clepLr of any and all encumberances, and said title policy shall -contain i exceptions to defects in title other than the usual and customary exceptions con- tained in a standard Texas Title Policy Form. � III Taxes on the real estate herein concerned shall be prorated between Vend and Purchaser to date of closing of this sale. Risk of loss by fire, windstorm, any Act of God, explosion, Civil Commotion or riot, or loss by any other reason as regards structures existing on the premises herein concerned shall fall on the Vendor until the sale is closed and consummated, and thereafter such risk of los: shall fall on Purchaser. If any existing structure is damaged (for any reason) in whole or in part before this sale is closed and. consummated, then Purchaser, at its option, may terminate this contract. IV Purchaser intends or proposes (if structurally and economically feasible) to remodel the existing structure or structures on the premises into a police training academy facility - if in the judgment of the Chief of Police and the Buildir Inspector of the City of Lubbock such a project can be economically and structural feasible considering the structures existing in their present condition. This contr is specifically made subject to a favorable decision in such regard by the Chief of Police and Building Inspector. If such decision is unfavorable in such regard, Purchaser, at its option may declare this contract null and void and of no force a nd effect, V Purchaser agrees, 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 Chief of Police and Building Inspector of the City of Lubbock have approved the structural and economical feasibility of remodeling the structure existing on the premises into a police training academy building as set forth in Section IV hereof to which approl this contract is specifically made subject to as set forth in Section IV hereof. In the event of failure by Vendor to furnish good and marketable title, Purchaser ma, declare this contract null and void or Purchaser at its option may waive title defec 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. This agreement shall not become operative or effective until duly executed by both Purchaser and Vendor herein.' EXECUTED in triplicate originals this 14 day of MARCH 1974. ROBERT R. GUNN - VENDOR CITY OF LU13BOCK - PURCHASER By'/'asp' MORRIS W. TURNER ITS MAYOR ATTEST: 1 y Treva Phillips, Ci ySecretary-Treasurer THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lubbo County, Texas, on this day personally appeared MORRIS W. TURNER, known to r. to be the person whose name is subscribed to the foregoing instrument and acknou ledged 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, Texa THE STATE OF TEXAS $ COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public, in and for Lubb County, Texas, on this day personally appeared ROBERT R. GUNN, known to me to be the person whose name is subscribed to the foregoing instrument and acknov ledged 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 1974. Notary Public, Lubbock County, Tex.,