HomeMy WebLinkAboutResolution - 3433 - Right Of Way Offer - Jone E. & Carol S. Reed - PWMA, LAH - 08_23_1990Res of uti on # 34.33
August 23, 1990
Item #22
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RESOLUTION
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located
in Lubbock County, Texas, has determined and does hereby determine that the
public needs, safety and welfare demand and create a public necessity for
the acquisition of additional land for municipal public uses and purposes,
to -wit: a permittable wildlife mitigation area as required by applicable
laws and regulations of the State of Texas and the United States Government
in connection with the expansion of the water system of the City of Lubbock
by construction of the Lake Alan Henry Project and Reservoir; 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:
A total of 2203.4 acres of land, more or less, and more particularly
described as follows:
All of Sections 71, 72 and 78, Block 5, H. & G. N. R.R. Co. Survey,
Garza County, Texas, and the following portion of Section 70, Block 5,
to -wit:
The North part of Section 70, Block 5, H. & G. N. R.R. Co. Survey,
Garza County, Texas, and being more particularly described as follows:
BEGINNING at a 1 1/4" iron pipe, set by F. M. German in 1895, at the
Northwest corner of said Section 70, for the Northwest and beginning
corner of this tract, said corner being the common corner of Sections
70, 71, 78 and 79;
THENCE S. 88024'55" East, along the North line of said Section 70 and
the South line of Section 71, a distance of 5253.82 feet to the North-
east corner of said Section 70, for the Northeast corner of this
tract, said corner being the common corner of Sections 54, 55, 70 and
71;
THENCE S. 01045'24" West, along the East line of said Section 70 and
the West line of Section 55, a distance of 1756.59 feet to a 1/2" iron
rod, set for the Southeast corner of this tract;
THENCE S. 77'42'11" West, a distance of 3810.43 feet to a 1/2" iron
rod, set for a corner of this tract;
THENCE N. 88024155" West, a distance of 1559.59 feet to a 1/2" iron
rod, set in the West line of said Section 70, for the Southwest corner
of this tract;
THENCE N. 01048'11" East, along the West line of said Section 70 and
the East line of Section 79, a distance of 2670.79 feet to the POINT
OF BEGINNING.
SECTION 2. THAT the City Attorney of said City of Lubbock is hereby
authorized and instructed to institute condemnation (eminent domain) pro-
ceedings 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 owners of said
land, Carol Sue Reed and husband, John E. Reed, the amount of $627,969.00,
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
improvements located thereon, and that unless such offer is accepted by
August 31, 1990, the City Attorney is authorized to proceed with condemna-
tion proceedings.
Passed by the City Council this 5 ledday of ,�, 1990.
UA11*4ts
ecreta
APPROVED AS TO CONTENT:
Ed Bucy, Right o-Way Agent
APPROVED AS TO FORM:
B. C. McMI , MAYOR
J. o^h Fu lingim, Assistant City
At ney
- 2 -
Resolution #3433
THE STATE OF TEXAS
* CONTRACT OF SALE
COUNTY OF LUBBOCK
This Contract of Sale is made by and between CAROL SUE REED
and her husband, JOHN E. REED of Scurry County, Texas, (herein
referred to as "SELLERS") 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").
RECITALS•
1. SELLERS own 2203.4 acres of land, more or less, located
in Garza County, Texas, and all improvements located upon the land.
2. SELLERS desire to sell and CITY desires to buy the above
described property, herein referred to as "the REED RANCH," free
and clear of all liens, claims and encumbrances, and upon the terms
and conditions hereinafter set forth.
AGREEMENT•
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 the
following described property located in Garza County, Texas:
A. Real Property: A total of 2203.4 acres of land, more or
less, and more particularly described as follows:
All of Sections 71, 72 and 78, Block, 5, H. & G. N. R.R.
Co. Survey, Garza County, Texas, and the following
portion of Section 70, Block 5, to -wit:
The North part of Section 70, Block 5, H. & G. N. R.R.
Co. Survey, Garza County, Texas, and being more
particularly described as follows:
BEGINNING at a 1 1/4" iron pipe, set by F.M. German in
1895, at the Northwest corner of said Section 70, for the
Northwest and beginning corner of this tract, said corner
being the common corner of Sections 70, 71, 78 and 79;
THENCE S. 88 24155" East, along the North line of said
Section 70 and the South line of Section 71, a distance
of 5253.82 feet to the Northeast corner of said Section
70, for the Northeast corner of this tract, said corner
being the common corner of Sections 54, 55, 70 and 71;
THENCE S. 01 45124" West, along the East line of said
Section 70 and the West line of Section 55, a distance of
1756.59 feet to a 1/2" iron rod, set for the Southeast
corner of this tract;
THENCE S. 77 42111" West, a distance of 3810.43 feet to
a 1/2" iron rod, set for a corner of this tract;
THENCE N. 88 24155" West, a distance of 1559.59 feet to
a 1/2" iron rod, set in the West line of said Section 70,
for the Southwest corner of this tract;
THENCE N. 01 48111" East, along the West line of said
Section 70 and the East line of Section 79, a distance of
2670.79 feet to the POINT OF BEGINNING.
This conveyance shall be subject to all written oil, gas and
other minerals leases, restrictions, covenants, reservations and
mineral severances, easements and rights -of -way of record in Garza
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 property above described together with all the rights
and appurtenances pertaining thereto and all improvements thereon.
The general warranty deed of conveyance from SELLERS to BUYERS
herein provided shall contain a reservation unto the SELLERS, their
heirs and assigns of all oil and gas, other hydrocarbons and
hydrocarbon related mineral rights, including the right of ingress,
egress and regress to explore and prospect for, drill for, produce
and transport said hydrocarbon minerals and by-products, the laying
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of pipelines, building of tanks and other structures and roads to
produce, save, take care of, treat and transport said products, and
all other substances extracted with or as a by-product of the
extraction of such hydrocarbon minerals, and all development and
extraction rights from such hydrocarbon minerals and by-products,
in, on and under and attached to the land acquired by the CITY, and
all executive leasing rights and privileges with respect to such
oil and gas and other hydrocarbon minerals and by-products, and
said general warranty deed shall specifically provide that such
reservation to the SELLERS does not include any other minerals
other than the hydrocarbon minerals and by-products hereinabove
mentioned. Said general warranty deed shall further specifically
provide that such reservation to the SELLERS does not include the
right for SELLERS to explore, mine, or drill for any other minerals
other than the hydrocarbon minerals and by-products hereinabove
mentioned, or the leasing or granting of other rights to other
parties by SELLERS for exploring, mining, or drilling for any other
minerals other than the hydrocarbon minerals and by-products
hereinabove mentioned.
B. Personal Property: This Agreement to sell and convey the
property above described shall include all fencing, windmills and
other related ranch land improvements.
II.
CONSIDERATION
BUYER shall pay to SELLERS the purchase price for the real
property as follows:
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A. Cash: SIX HUNDRED TWENTY-SEVEN THOUSAND NINE HUNDRED
SIXTY-NINE AND N0/100 DOLLARS ($627,969.00) cash to be paid by
BUYER to SELLERS at closing.
B. Adjustment of Sales Price: The sales price of SIX
HUNDRED TWENTY-SEVEN THOUSAND NINE HUNDRED SIXTY-NINE AND N0/100
DOLLARS ($627,969.00) is based upon the total acreage of 2203.4
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 that the above stated acreage, the total sales
price will be adjusted upward or downward according to the
difference by the sum of TWO HUNDRED EIGHTY-FIVE AND N0/100 DOLLARS
(285.00) per acre.
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 SELLERS in writing within ten
(10) days of the date BUYER receives said title insurance
commitment if BUYER discovers objections or defects which prevent
the issuance of a title policy in the form required. SELLERS will
use their best efforts to correct, within sixty (60) days, said
objections and defects at or before closing, then BUYER may elect
to declare this Contract terminated and of no further force and
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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 and at BUYER'S expense.
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
SELLERS.
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 forth.
B. CITY 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 are herein permitted,
including a general warranty deed from the
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C.
D.
respective SELLERS and appropriate release of
all liens.
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.
The acquisition of the real estate is free and
clear of all claims of any parties in
possession so that BUYER is free, beginning
October 1, 1990, to enter into any contract
for the use, operation, management or
maintenance of the REED RANCH as BUYER may
desire, subject to the rights of SELLERS to
use this land for livestock grazing purposes
until December 31, 1990. SELLERS will also be
allowed a first option to lease the land for
livestock grazing purposes as six (6) month
increments beginning January 1, 1991. This
livestock grazing contract for each six (6)
month lease period will be negotiated by the
BUYER and SELLER thirty (30) days before the
proposed renewal of each six (6) month period.
The terms and conditions of all such grazing
contracts will be consistent with the usual
and customary terms and conditions of other
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grazing contracts on land situated in Garza
County.
Immediately upon execution of this Contract, SELLERS 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
improvements 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 Bar Association of the State of Texas. SELLERS do not
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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
Contract shall be valid if in writing and sent by certified mail,
return receipt requested, postage prepaid, addressed as follows:
If to SELLER: Carol Sue and John E. Reed
2605 33rd
Snyder, Texas 79549
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.
REALTOR
BUYER and SELLERS 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.
XI.
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
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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
delivered, and all monies are to be paid.
XII.
GENERAL CONDITIONS
A. Possession: BUYER shall acquire the right to own and
operate the REED RANCH as of October 1, 1990 subject to the terms
of this Contract.
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
understandings relative to the subject matter hereof.
C. Contract Survives: The terms and conditions of this
Contract shall survive closing and are not to be merged therein and
are enforceable as between the parties hereto, their heirs, legal
representatives, successors and assigns.
D. Contingency: CITY has requested acceptance by the
appropriate governmental agencies and authorities for this property
to serve as a permittable wildlife mitigation area in connection
with the Lake Alan Henry Project. If this property is not accepted
for such purposes by U.S. Army Corps of Engineers on or before the
date of closing set forth above and a final decision on such
acceptance is pending, closing will be postponed until notice of
acceptance is received by CITY. If this property is rejected as a
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permittable wildlife mitigation area by U.S. Army Corps of
Engineers, this Contract shall become null and void.
IN WITNESS WHEREOF, the parties hereto have executed this
Contract of Sale', effective this 23rd day of August 1990.
Sellers:
f
A RR
Z&fin E. Reed
CITY OF LUBBOCK:
By:
, B.C. McMIN , MAYOR
ATTEST :
et 'Boyd, City Secre y
APPROVED AS TO CONTENT:
Ed Bucy, Right-o -Way Agent
APPROVED AS TO FORM:
J. Vlofth Fullingim, Assi ant
Cit ttorney
Buyer:
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THE STATE OF TEXAS
*
COUNTY OF S L a�2i
BEFORE ME, the undersigned authority, a Notary Public in and
for said County, Texas, on this day personally appeared CAROL SUE
REED, known to be 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 .)-Y9, day of
AV(-v ( I , 1990.
Notary Public in andFfor the
State of Texas
�✓�tr2✓J �ltSorr t>,vC--j
THE STATE OF TEXAS
*
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and
for said County, Texas, on this day personally appeared JOHN E.
REED, known to be 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 ZI'W, day of
A-&-Gv i- , 1990.
Notary Public in and fof the
State of Texas
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r 'x.
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 be 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 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 23rd day of
August , 1990.
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No0'z�--R LL.
ta y Public in and for the
State of Texas