HomeMy WebLinkAboutResolution - 072574A - Transfer Agreement - Rex Murdock - Modern Manors Addition - 07_25_197467Z57V A II
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 directe
to execute for and on behalf of the City of Lubbock a TRANSFER AGREEMENT
between Rex Murdock dba Heap Big Beef and the City of Lubbock, Lubbock County,
Texas attached herewith which shall be spread upon the minutes of the 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 25th day of i„�y 1974.
R Y BASS, MAYOR
ATTEST:
AS TO FORM:
Pred O. Senter, Jr., CityWorney
TRANSFER AGREEMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This agreement entered into as of July 25, 1974, by and between REX
MURDOCK, hereinafter called "DONOR", also sometimes known as REX
MURDOCK dba HEAP BIG BEEF, and the CITY OF LUBBOCK, Lubbock
County, Texas, a Texas Home Rule Municipality, hereinafter referred to
as "DONEE", which parties hereto contract and agree as follows:
Donor hereby gives, grants, and transfers all his right, title, and
Interest unto Donee to the following described property; to -wit:
A building having approximate demensions of twenty-six feet (269
by sixty-three feet (631), located upon real estate described as lot
eleven (11), block twenty-six (26), Modem Manors Addition to the City
of Lubbock, Lubbock County, Texas, bearing municipal address of 2910
50th Street in said City. All personal property in the nature of furniture,
fixtures and equipment more particularly listed in "Exhibit A" hereto
annexed and made a part hereof for all purposes.
Such property above described shall become the property of Donee,
and by these presents ownership of said property is hereby transferred
from Donor to Donee.
It is hereby understood that a cigarette machine, a jukebox, and an
ice cream machine are not included in this ownership transfer of assets.
Donor warrants and represents that the property hereinabove
referred to is free and clear of all mortgages, liens, including landlords
liens, and that he has a legal right to remmve said building and all
personal property above referred to as his personal property.
Donee hereby accepts the gift and transfer of ownership of such
property; provided, however, Donee does not assume the obligation to pay
any indebtedness on such property or the obligations of mortgage or lien,
if any, which exist as against such property.
Donee is to remove the property from its present location at Donee's
expense unto a new location upon property owned or controlled by Donee.
As soon as practicable, arrangements will be made for such removal in
accordance with law as regards public contracts between Donee and the
contractor selected to accomplish such removal under the usual public
notice and bid procedures applicable thereto under the laws of the State of
Texas.
Donee engages to pay a reasonable rental from and after August 1,
1974, unto the owner of lot 11, block 26, Modern Manors Addition to the
City of Lubbock, Lubbock County, Texas, at the „rate_of $750._PQ per
month, pro -rated as to the actual number of days such property is
occupied before removal can be affected'.
Should any dispute arise as regards the right of Donor to remove the
property hereinabove described resulting in the inability of Donee to remove
such property in turn, then Donee may declare this contract null and void
for all purposes, and thereafter all its obligations shall immediately
terminate.
Donee has been furnished by Donor an appraisal report compiled by
Mr. Tim G. Berly, certified by Mr. Tim G. Berly, appraiser, and the
report of such appraiser indicates a fair market value of the assets
hereinabxe granted as $63, 200. 00, and Donee is of the opinion that said
appraisal is a reasonably accurate evaluation of the assets herein trans-
ferred, and said appraisal dated July 23, 1974, is hereby referred to
for all pertinent purposes for a more particular description of the appraisal
methods used and the evaluation of such assets.
This agreement is not to be construed as an assumption of any lease
agreement obligating Donor, either written or oral, and Donee only engages
to pay rent for use of the land as hereinabove set forth. The conveyance
of the building and personal property by Donor to Donee is for the use of
Donee as a public park purpose. This agreement is executed in duplicate,
each copy of which is to be considered an original.
THIS AGREEMENT IS ENTERED INTO THE DATE FIRST ABOVE
WRITTEN.
CITY OF LUBBOCK, DONEE
By: r s.
ROY BASS, MAYOR
ATTEST•
Treva Phillips, Cit yi8ecretary-Treasurer
APPROVED AS TO FORM:
red O. Seriter, Jr. , Cit 01torney
REX1IVIURDQCK, WNOR -
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 ROY BASS, 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.
GIV UNDER MY HAND AND SEAL OF OFFICE this of
.%
1974.
Notary Public, Lubbock County, Texas
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 REX MURDOCK,
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, ll
GIV N UNDER MY HAND AND SEAL OF OFFICE thisc��a day of
1974.
(SEAL) '
i' " Notary Public Lubbock County,Texas