HomeMy WebLinkAboutResolution - 3421 - Right Of Way Offer - Hubert L Burgess - Sewage Effluent, Survey 71, Block A - 07_26_1990Resolution #.3421
July 26, 1990
Item #18
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RESOLUTION
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located it
Lubbock County, Texas, has determined and does hereby determine that the pub-
lic needs, safety and welfare demand and create a public necessity for the
acquisition of additional land for municipal public uses and purposes, to -wit:
for the disposal of sewage effluent as an integral part of the sewage disposal
system of the City of Lubbock; 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 Lubbock County, Texas, be acquired for public purposes and
municipal purposes as set forth in the preamble hereof, to -wit:
The West 122.75 acres out of the South Half (S/2) of Survey 72,
Block A, Certificate No. 928, E. L. & R.R. RY Co., Lubbock,
Lubbock County, Texas, being further described as follows:
BEGINNING at a point in the middle of the intersection of an East-
West County Road with a North -South County Road, the S.W. corner
Survey 72, Block A, Lubbock County, Texas, and the S.W. corner of
this Survey;
THENCE N. 00009' E., a distance of 953.70 varas along the middle
of the North -South County Road, and along the West line of Survey
72, Block A, to a point, the N.W. corner of this Survey, and the
S.W. corner of the North Half (N/2) of Survey 72, Block A;
THENCE East, along the common boundary line of the North and South
Halves of Survey 72, Block A, a distance of 722.11 varas to a 1"
iron pipe on the South side of an irrigation ditch, the N.E.
corner of this survey, and the N.W. corner of the East 200 acres
of the South Half (S/2) of Survey 72, Block A;
THENCE S. 00°05' East, a distance of 953.70 varas to a point in
the middle of the East-West County Road, from which a 1" iron pipe
in an East-West fence bears N. 00005' W. about 20 feet, which
point is the S.E. corner of this Survey, and the S.W. corner of
the East 200 acres of the South Half (S/2) of Survey 72, Block A;
THENCE West a distance of 726.21 varas, along the center of the
East-West County Road and the South line of Survey 72, Block A, to
the PLACE OF BEGINNING.
SECTION 2. THAT the City Attorney of said City of Lubbock is hereby
authorized and instructed to institute condemnation (eminent domain) proceed-
ings to acquire the fee simple title to said land as hereinabove described for
public purposes and municipal purposes and the Right -of -Way Department of the
City of Lubbock is authorized to offer the owner of said land, being Hubert L.
Burgess, the amount of $135,025.00, which is the amount appraised as the value
and total damages, for the fee simple title and acquisition of said real
estate hereinabove described, and that unless such offer is accepted by August
15, 1990, the City Attorney is authorized to proceed with such condemnation
proceedings.
Passed by the City Council this 26th day of July
C e
B. C. cMIN MA OR
ATTEST:
�� i..-/-,� 1,, ,
e Boy City Secretary �
APPROVED AS TO CONTENT:
-Ed Bucy, Rig t-d -Way Agent
Attorney
APPROVED AS TO FORM:
Marold Willard, Assistant City
Attorney
1990.
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Resolution #3421
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THE STATE OF TEXAS §
CONTRACT OF SALE
COUNTY OF LUBBOCK §
This Contract of Sale is made by and between HUBERT L.
BURGESS, (herein referred to as "SELLER") and the CITY OF LUBBOCK,
TEXAS, a Home Rule Municipal Corporation of Lubbock County, Texas,
(referred to herein sometimes as "CITY" and sometimes as "BUYER").
R E C I T A L S:
1. SELLER owns 122.75 acres of land, more or less, located
in Lubbock County, Texas, and all improvements located upon the
land.
2. SELLER desires to sell and CITY desires to buy the above
described property, herein referred to as the "BURGESS FARM," free
and clear of all liens, claims and encumbrances, and upon the terms
and conditions hereinafter set forth.
A G R E E M E N T:
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 the follow-
ing described property located in Lubbock County, Texas:
A. Real Property: A total of 122.75 acres of land, more or
less, and more particularly described as follows:
The West 122.75 acres out of the South Half (S/2) of Sur-
vey 72, Block A, Certificate No. 928, E. L. & R.R. RY
Co., Lubbock, Lubbock County, Texas, being further de-
scribed as follows:
BEGINNING at a point in the middle of the intersection of
an East-West County Road with a North -South County Road,
the S.W. corner Survey 72, Block A, Lubbock County,
Texas, and the S.W. corner of this Survey;
THENCE N. 00*09' E., a distance of 953.70 varas along the
middle of the North -South County Road, and along the West
line of Survey 72, Block A, to a point, the N.W. corner
of this Survey, and the S.W. corner of the North Half
(N/2) of Survey 72, Block A;
THENCE East, along the common boundary line of the North
and South Halves of Survey 72, Block A, a distance of
722.11 varas to a 1" iron pipe on the South side of an
irrigation ditch, the N.E. corner of this survey, and the
N.W. corner of the East 200 acres of the South Half (S/2)
of Survey 72, Block A;
THENCE S. 00*05' East, a distance of 953.70 varas to a
point in the middle of the East-West County Road, from
which a 1" iron pipe in an East-West fence bears N.
00*05' W. about 20 feet, which point is the S.E. corner
of this Survey, and the S.W. corner of the East 200 acres
of the South Half (S/2) of Survey 72, Block A;
THENCE West a distance of 726.21 varas, along the center
of the East-West County Road and the South line of Survey
72, Block A, to the PLACE 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 in-
cludes the property above described together with all the rights
and appurtenances pertaining thereto and all improvements thereon.
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SELLER hereby reserves all minerals unto himself and all
mineral leasing privileges.
B. Personal Property: This Agreement to sell and convey the
property above described shall specifically include irrigation
wells, underground tile, and any other improvements situated on the
real property herein described.
II.
CONSIDERATION
BUYER shall pay to SELLER the purchase price for the real and
personal property as follows:
A. Cash: ONE HUNDRED THIRTY-FIVE THOUSAND TWENTY-FIVE AND
N01100 DOLLARS ($135,025.00) cash to be paid by BUYER to SELLER at
closing.
B. Adiustment of Sales Price: The sales price of ONE HUN-
DRED THIRTY-FIVE THOUSAND TWENTY-FIVE AND N0/100 DOLLARS
($135,025.00) is based upon the total acreage of 122.75 acres,
more or less. It is understood that BUYER has the right to cause
a survey to be made at BUYER'S expense to determine the exact
boundaries, encroachments and number of acres contained in the
property acquired by BUYER.
In the event the total number of acres as determined by the
survey is different than the above stated acreage, the total sales
price will be adjusted upward or downward according to the differ-
ence by the sum of ONE THOUSAND ONE HUNDRED AND N0/100 DOLLARS
($1,100.00) per acre.
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III.
EVIDENCE OF TITLE
Within ten (10) days from the date of this Contract, BUYER
will cause a preliminary title insurance commitment to be issued at
BUYER'S expense. BUYER shall inform SELLER in writing within ten
(10) days of the date BUYER receives said title insurance commit-
ment if BUYER discovers objections or defects which prevent the
issuance of a title policy in the form required. SELLER will use
his best efforts to correct, within thirty (30) days, said objec-
tions and defects. If SELLER is unable to correct said objections
and defects at or before closing, then BUYER may elect to declare
this Contract terminated and of no further force and effect; or
BUYER may waive the objections and defects to title and agree to
accept the title as not conforming in all respects to the foregoing
requirements, in which event, this sale shall be closed as herein
provided. The title commitment and policy will be issued from the
title company selected by BUYER.
IV.
TAXES
A. Ad Valorem Taxes: It is understood that the ad valorem
taxes for 1988 and 1989 and all previous years have been paid and
that prorated taxes for 1990 to the date of closing will be paid by
SELLER.
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V.
CONDITIONS PRECEDENT
The obligations of the parties to consummate this transaction
are subject to the fulfillment, at or prior to closing, of each of
the following conditions:
A. A title policy issued in favor of CITY as hereinabove set
f orth .
B. CITY is able to secure from SELLER such legal documents
as may be required to consummate this transaction, in-
cluding 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 encum-
brances as herein provided or which may appear at the
time of closing, including a general warranty deed from
the SELLER and appropriate release of all liens.
C. Compliance with all laws applicable to CITY as may be
necessary to effectuate this Contract, together with the
issuance and funding of all necessary debt financing of
CITY with respect to the purchase.
D. The acquisition of the real estate is free and clear of
all claims of any parties in possession so that CITY is
free, beginning January 1, 1991, or at the end of the
1990 crop year, whichever occurs last, to enter into any
contract for the use, operation, management or mainte-
nance of the BURGESS FARM as CITY may desire, subject to
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the rights of SELLER to harvest crops for the 1990 crop
year as herein provided.
Immediately upon execution of this Contract, SELLER and BUYER
each agree to diligently pursue in good faith all actions as may be
necessary to fulfill the above conditions as soon as reasonably
possible.
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 property and agrees
to accept the real property and all personal property and improve-
ments conveyed AS IS, WHERE IS and WITH ALL OF THEIR 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 and bill of sale in the standard form provided by the
State of Texas. SELLER does not warrant as to the total footage of
underground pipe; the total footage of fences; the condition of any
improvements or irrigation equipment; or the total acreage or
boundaries.
IX.
NOTICE
Any notice given or made for any purpose pursuant to this Con-
tract shall be valid if in writing and sent by certified mail,
return receipt requested, postage prepaid, addressed as follows:
If to SELLER: Mr. Hubert L. Burgess
2805 24th Street
Lubbock, Texas 79410
If to BUYER: John C. Ross, Jr.
City Attorney
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.
CROPS
It is understood and agreed that all of the feed and harvested
crops on hand, as well as the growing of crops for the year 1990
and proceeds of sale from all such crops, belong to and are being
retained by the SELLER, and SELLER has the right to continue the
harvest of all crops without liability or obligation to BUYER.
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n 3 2q
XI.
REALTOR
BUYER and SELLER represent to each other that neither party
has retained a realtor or broker with respect to this Contract of
Sale and no realtor or broker fees are due to any party.
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 October 1, 1990. Closing
shall take place at the office of the title company selected by
BUYER, or such other place as the parties may mutually agree. At
the time of closing, all documents are to be executed and deliv-
ered, and all monies are to be paid.
XIII.
GENERAL CONDITIONS
A. Possession: BUYER shall acquire the right to own and
operate the BURGESS FARM as of January 1, 1991, or at the end of
the 1990 crop year, whichever occurs last.
B. 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 under-
standings relative to the subject matter hereof.
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J� �� Y�L I
C. Contract Survives: The terms and conditions of this Con-
tract shall survive closing and are enforceable as between the par-
ties hereto, their heirs, legal representatives, successors and
assigns.
D. 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 Con-
tract of Sale, effective this 26th day of
1990.
HUBERT L. BURGESS
CITY OF LUBBOCK:
BY:
c
B . C . MINI N , MAYOR
ATTEST:
-Ranette Boyd, City Secretary U
APPROVED AS TO CONTENT:
Ed Bucy, Rig -of-Way Agent
SELLER:
BUYER:
July
APPROVED AS TO FORM:
Harold Willard, Assistant City
Attorney
3q2_ 1
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 HUBERT L.
BURGESS, 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
1990.
1l1CLETA 1 oj� i i
1
NotaryW" Of Too Public in and for
1 l`lthe Stateof
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 B. C.
McMINN, 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.
VEN UNDER MY HAND AND SEAL OF OFFICE this- day of
1990.
Notary Public in and for
the State of Texas