HomeMy WebLinkAboutResolution - 5099 - Right Of Way Offer - John C Schweitzer - 1.291 Acre Tract Of Land - 02_08_1996Resolution No. 5099
February 8, 1996
Item #29
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
purposes and public purposes, to -wit: for construction of a Fire Station, and the City Council of
said City finds it in the public interest and for public purposes and municipal purposes to proceed
with the acquisition of such lands as needed for such purposes as aforesaid; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION I. THAT the fee simple title to the following described tract of land located in
the Lubbock County. Texas, be acquired for public purposes and municipal purposes as set forth
in the preamble hereof, to -wit:
METES AND BOUNDS DESCRIPTION of a 1.291 acre tract of land being a
portion of Tract "M", Whisperwood Addition to the City of Lubbock, Lubbock
County, Texas as shown by the map, plat, and/or Dedication Deed thereof
recorded in Volume 1917, Page 530 of the Deed Records of Lubbock County,
Texas. and further described as follows:
BEGINNING at a cross in concrete found in the West right-of-way line of Slide
Road at the Southeast corner of said Tract "M" for the Southeast corner of this
tract;
THENCE N. 89056'30" W., along the South line of said Tract "M", a distance of
224.67 feet to a 1/2" iron rod with cap set for the Southwest corner of this tract;
THENCE North, a distance of 250.00 feet to a 1/2" iron rod with cap set for the
Northwest corner of this tract;
THENCE S. 89056' 30" E., a distance of 225.00 feet to a 1/2" iron rod with cap set
in the East line of said Tract "M" and said West right-of-way line for the
Northeast corner of this tract;
THENCE South, along said East line and said West right-of-way line. a distance
oI' 236.17 feet to a 1 /2" square metal tube found at a point of curvature of a curve
to the right having a radius of 287.22 feet;
TIIENCE Southwesterly, along said curve having a chord bearing of S. 01°22'45"
W., and a central angle of 02°45'29", a chord distance of 13.83 feet to the PLACE
OF BEGINNING.
SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized to execute a
Contract of Sale, attached to this Resolution and incorporated herein by this reference, for the
purchase of the above described real property for the sum of $155,000.00.
SECTION 2. THAT if the above Contract of Sale is not executed by February 12, 1995,
by the Owners of the above described property, such Owners being JOHN C. SCHWEITZER
and STEPHEN L. FEINBERG. the City Attorney of said City of Lubbock is hereby authorized
and instructed to institute condemnation (eminent domain) proceedings to acquire fee simple title
to said property for the municipal purposes and public purposes as aforesaid.
Passed by the City Council this
ATTEST:
i
Betty`M. John�City Secretary
APPROVED AS TO CONTENT:
G,�
Ed BLICy. Right -of= ay Department
APPROVED AS TO FORM:
r �
Jeff Hartsell. Assistant City Attorney
A [..js/K-JC'S RL-'S
ccdocs/Januan i. 1996
-i
THE ST,%TE OF TEXAS §
COUNTY OF LUBBOCK §
This Contract of Sale is made by and between JOHN C. SCHWEITZER and
STEPHEN L. FEINBERG, (referred to herein as "SELLERS") and the CITY OF LUBBOCK,
TEXAS, a Home Rule Municipal Corporation of Lubbock County, Texas, (referred to herein
sometimes as "BUYER" and sometimes as "CITY").
RECITALS:
1. SELLERS own 1.291 acres, more or less, in Tract M, Whisper -wood Addition to
the City of Lubbock, Lubbock County, Texas, and all improvements, if any. located upon said
real property and further described in paragraph 1.
_- SELLERS desire to sell and CITY desires to buy the above described real
property and improvements thereon, herein collectively referred to as "the SCHWEITZER-
FEINBERG PROPERTY," free and clear of all liens, claims and encumbrances, and upon the
terms and conditions hereinafter set forth.
AURIIEMEND
I.
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 from SELLERS the following described property located in Lubbock County, Texas:
A. Real Property: approximately 1.291 acres. located in Tract M,
Whisperw-ood Addition to the City of Lubbock, Lubbock County, Texas,
address of 202 Slide Road, and being further described as follows:
METES AND BOUNDS DESCRIPTON of a 1.291 acre tract of land
being a portion of Tract "M", Whisperwood Addition to the City of
Lubbock, Lubbock County, Texas, as shown by the map, plat, and/or
Dedication Deed thereof recorded in Volume 1917, Page 530 of the Deed
Records of Lubbock County, Texas, and further described as follows:
BEGINNING at a cross in concrete found in the West right-of-way line of
Slide Road at the Southeast corner of said Tract "M" for the Southeast
comer of this tract;
THENCE N. 89057'30" W., along the South line of said Tract "M", a
distance of 224.67 feet to a 1/2" iron rod with cap set for the Southwest
comer of this tract;
THENCE North, a distance of 250.00 feet to a 1/2" iron rod with cap set
for the Northwest comer of this tract;
THENCE S. 89°56'30" E., a distance of 225.00 feet to a 1/2" iron rod with
cep set in the East line of said Tract "M", and said West right-of-way line
for the Northeast corner of this tract;
THENCE South, along said East line and said West right-of-way line, a
distance of 236.17 feet to a 1/2" square metal tube found at a point of
curvature of a curve to the right having a radius of 287.22 feet;
THENCE Southwesterly, along said curve having a chord hearing of S.
01°22'45" W., and a central angle of 02°45'29", a chord distance of 13.83
feet 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 includes the real property above
described together with all the rights and appurtenances pertaining thereto and any improvements
thereon except as otherwise expressly stated in this Contract.
II.
BUYER shall pay to SELLERS for the above -described property and improvements the
following sum: ONE HUNDRED FIFTY-FIVE THOUSAND AND NO/100 DOLLARS
($155,000.00) cash to be paid by BUYER to SELLERS at closing.
CONTRACT OF SALE
DORSAR M EsrMENT COWANY Er AL ---
Pi m,'e
The title commitment and policy will be issued from Service Title Company, 1501
Texas Avenue, Lubbock, Texas 79401.
IV.
TAXES
It is understood that the ad valorem taxes for 1994 and all previous years have been paid
and that the taxes for 1995 and that prorated taxes for 1996 to the date of closing will be paid by
SELLERS.
V.
The obligations of the BUYER and SELLERS to consummate this transaction are subject
to the fulfillment, at or prior to closing, of each of the following conditions:
A. Approval of this Sales Contract by the Lubbock City Council.
B. A title policy is issued in favor of BUYER as hereinabove set forth.
C. BUYER 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 herein provided, or
which may appear at the time of closing, including a general warranty deed from
the SELLERS.
Immediately upon execution of this Contract, SELLERS and BUYER each agree to
diligently pursue in good faith all actions that may be necessary to fulfill the above conditions as
soon as reasonably possible. Both BUYER and SELLERS agree that the closing date for
completing the sale of the SCHWEITZER-FEINBERG PROPERTY shall be on or before
February 29,19%.
CONTRACT OF SALE
DORSAR DWEST EM COMPANY ET AL ----
VI.
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.
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.
BUYER represents that it has inspected the real property to be conveyed and agrees to
accept such property conveyed AS IS, MMRE IS and WITH ALL OF ITS 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 in the standard farm provided by the State of
Texas. SELLERS herein give no warranty as to the condition of any improvements being
conveyed.
Any notice given or made for any purpose pursuant to this Contract shall be valid only if
in writing and sent by certified mail, return receipt requested, postage prepaid, addressed as
follows:
If to SELLERS: MARK A. TOMLEN
Dorsar-Tomlin Properties, L.P.
P. O. Box 220810
El Paso, Texas 79913-2810
CONTRACT OF SALE
DORSAR [N EMWNT COMPANY FT AL ---
If to BUYER: ED BUCY
Right -of -Way Agent
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.
BUYER, at its expense, has obtained a survey of the property owned by SELLERS. The
legal description of said property, obtained as a result of the survey, will be used in the General
Warranty Deed.
XI.
SELLERS represents to BUYER that he has retained a licensed realtor or broker with
respect to this Contract of Sale but that payment of any realtor or broker fees shall be SELLERS'
obligation. A six percent (6%) sales commission will be paid by SELLERS to J.M.T. Properties.
XII.
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 February 29, 19%. Closing shall take place
at the downtown office of Service Title Company of Lubbock, Texas, 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. The title policy fee and all normal closing costs will be
paid for by the BUYER.
CONTRACT OF SALE
DORSAR NVESTMENr COWANY ET AL --
XIII.
GENEM L CONENT ONS
A. 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
8. : 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 Contract of Sale,
effective this day of
SELLERS:
ri"l wd-"
CITY OF LUBBOCK:
BY:
DAVID K LANGSTON, MAYOR
ATTEST:
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right- Way Agent
APPROVED AS TO FORM:
J ll, Assistant rity Attorney
CONrRACr OF SALE
DORSAR INVESTMENT COMPANY ET AL —
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned vAori , a Notary Public in and for said County and
State, on this day personally ap�pewtd DAVID P. LANGSTON. 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 considernfion herein
expressed and in the capacity herein stated as the act and deed of the CM OF LUBBOCX
GIVEN UNDER MY HAND AND SEAT. OF OFFICE this day of
1996.
otary SOM and or the tote or Texan
My Com elision Expires:
THE STATE OF TEXAS
COUNTY OF TMvis
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared JOHN C. SCHWEITZER, 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 herein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 'aV^ day of
January , 19%.
BRENDA EWERS
EE
my cow 0""
Februa�r S. tt� otary c jma"n-- d for igStates
My C.om Lomion Expires: 'ZL)1a) g
CON TUM ot: SAM
DORSAR 1N'Jz+..'�iTl►MIr CEiIriPAXY ET AL -- PAGE 7
THE STATE OF §
COUNTY OF
BEFORE ME, the undersigned authority, a Notxlry Public in and for said County and
State, on this day personally appea ed STEPHLN L. FRINDERG, ;mown to me to be the
person whose name is subscri�d to the foregoing instmmient and atknaruledged w me that he
executed the same for the purpows and considaration herein expressed.
1VEN UNDER MY HAND AND SEAL OF OFFICE this �- � day of
1996.
�" tC NOTARY PUBLIC rotaryPublic » an r Fe State o
S tate of Texas
t My Commission Expim:
1H:js/K-JCS. DOC
D -Co AgMWmv. JxnUW7 17.1996
CON]RACr of SALE
D093 it 1NVESI?MN; COWAKY Ki AL •-- PAGE B
THE STATE OF TEXAS §
CONTRACT Of SALF
COUNTY OF LUBBOCK §
This Contract of Sale is made by and between JOHN C. SCHWEITZER and
STEPHEN L. FEINBERG, (referred to herein as "SELLERS") and the CITY OF LUBBOCK,
TEXAS, a Home Rule Municipal Corporation of Lubbock County, Texas, (referred to herein
sometimes as "BUYER" and sometimes as "CITY").
BE-CITAL 5:
I- SELLERS own 1.291 acres, more or less, in Tract M, VVhisperwood Addition to
the City of Lubbock, Lubbock County, Texas, and all improvements, if any. located upon said
real property and further described in paragraph 1.
2. SELLERS desire to sell and CITY desires to buy the above described real
property and improvements thereon. herein collectively referred to as "the SCHWEITZER-
FEINBERG PROPERTY," free and clear of all liens, claims and encumbrances, and upon the
terms and conditions hereinafter set forth.
AGREEMENT:
I.
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 from SELLERS the following described property located in Lubbock County, Texas:
A. Real Prop�rtv_: approximately 1.291 acres, located in Tract M,
Whisperwood Addition to the City of Lubbock, Lubbock County, Texas,
address of 202 Slide Road, and being ftu-ther described as follows:
METES AND BOUNDS DESCRIPTON of a 1.291 acre tract of land
being a portion of Tract "M", Whisperwood Addition to the City of
Lubbock, Lubbock County, Texas, as shown by the map, plat, and/or
Dedication Deed thereof recorded in Volume 1917, Page 530 of the Deed
Records of Lubbock County, Texas, and fiuther described as follows:
BEGINI`ITNG at a cross in concrete found in the West right-of-way line of
Slide Road at the Southeast comer of said Tract "M" for the Southeast
corner of this tract;
THENCE N. 89057'30" W., along the South line of said Tract "M", a
distance of 224.67 feet to a 1/2" iron rod with cap set for the Southwest
comer of this tract;
THENCE North, a distance of 250.00 feet to a 1/2" iron rod with cap set
for the Northwest comer of this tract;
THENCE S. 89056'30" E., a distance of 225.00 feet to a 1/2" iron rod with
cap set in the East lane of said Tract "M", and said West right-of-way line
for the Northeast corner of this tract;
THENCE South, along said East line and said West right-of-way line, a
distance of 236.17 feet to a 1/2" square metal tube found at a point of
curvature of a curve to the right having a radius of 287.22 feet;
THENCE Southwesterly, along said curve having a chord bearing of S.
01122'45" W., and a central angle of 02*45'29", a chord distance of 13.83
feet 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 includes the real property above
described together with all the rights and appurtenances pertaining thereto and any improvements
thereon except as otherwise expressly stated in this Contract.
Il.
BUYER shall pay to SELLERS for the above -described property and improvements the
following sum: ONE HUNDRED FIFTY-FIVE THOUSAND AND N0/100 DOLLARS
($155,000.00) cash to be paid by BUYER to SELLERS at closing.
CONTRACr of SALE
DORSAR IIr'VESTNMWT COMPANY ET AL —
F--v ►I -
The title commitment and policy will be issued from Service Title Company, 1501
Texas Avenue, Lubbock, Texas 79401.
Iv.
TAXES
It is understood that the ad valorem taxes for 1994 and all previous years have been paid
and that the taxes for 1995 and that prorated taxes for 1996 to the date of closing will be paid by
SELLERS.
1V
The obligations of the BUYER and SELLERS to consummate this transaction are subject
to the fulfillment, at or prior to closing, of each of the following conditions:
A. Approval of this Sales Contract by the Lubbock City Council.
B. A title policy is issued in favor of BUYER as hereinabove set forth.
C. BUYER 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 herein provided, or
which may appear at the time of closing, including a general warranty deed from
the SELLERS.
Immediately upon execution of this Contract, SELLERS and BUYER each agree to
diligently pursue in good faith all actions that may be necessary to fulfill the above conditions as
soon as reasonably possible. Both BUYER and SELLERS agree that the closing date for
completing the sale of the SCHWEITZER-FEMERG PROPERTY shall be on or before
February 29, 1996.
CONTRACT OF SALE
DORSAR tNVESrM W COMPANY ET AL ---
VI.
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.
MR
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,
Vill.
BUYER represents that it has inspected the real property to be conveyed and agrees to
accept such property conveyed AS IS, WHERE IS and WITH ALL. OF ITS 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 in the standard form provided by the State of
Texas. SELLERS herein give no warranty as to the condition of any improvements being
conveyed.
M
Any notice given or made for any purpose pursuant to this Contract shall be valid only if
in writing and sent by certified mail, return receipt requested, postage prepaid, addressed as
follows:
If to SELLERS: MARK A. TONEM
Dorsar-Tomlin Properties, L.P.
P. O. Box 220810
El Paso, Texas 79913-28 i 0
CONTRACT OF SALE
DORSAR INVESTMENT COMPANY ET AL -
If to BUYER: ED BUOY
Right -of -Way Agent
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 parry as designated in this paragraph.
X.
BUYER, at its expense, has obtained a survey of the property owned by SELLERS. The
legal description of said property, obtained as a result of the survey, will be used in the General
Warranty Deed.
XI.
SELLERS represents to BUYER that he has retained a licensed realtor or broker with
respect to this Contract of Sale but that payment of any realtor or broker fees shall be SELLERS'
obligation. A six percent (6%) sales commission will be paid by SELLERS to I.M.T. Properties.
XII.
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 February 29, 19%. Closing shall take place
at the downtown office of Service Title Company of Lubbock, Texas, 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. The title policy fee and all normal closing costs will be
paid for by the BUYER.
CONTRACT OF SALE
DORSAR tWEST%ffNt COWANY ET AL -
XIII.
GENERAL CONDITIONS
A. Ep 're 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.
B. Co ntetn rta: This Contract may be executed in one or more counterparts, each of
which shall be effective as an original.
fN WITNESS WHEREOF, the parties hereto have executed this Contract of Sale,
effective this day of , 19%.
SELLERS:
BUYER:
CITY OF LUBBOCK:
BY:
DAVID R. LANGSTON, MAYOR
ATTEST:
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right-o - a Agent
APPROVED AS TO FORM:
Il, Assistant r ity Attorney
CON RACT OF SALE
DORSAA MVFSTNEWT COWAM ET AL --
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the under igned wthority, a Noiory Public in and for said County and
State, on this day personally appearcd DAVID R LANGSTON, Mayor of the City of Lubbock,
known to me to be the person whose name is subscribed to the foregoing instrument aad
acknowledged to me that he executed the acme for the purposes and consideration herein
expressed and in the capacity herein shM d as the act and deed of the CITY OF LUBBOCX
GIVEN UNDER MY HAND AND SEAT. OF OFFICE this day of
. i m.
otary PublWlm-12 for the tatc of Texas
My Commission Expires:
THE STATE OF Texas
COUNTY OF jUvis
BEFORE MB, the uridcraigaed authority, a Notary Public in and fbr said County and
State, on this day personally appca=d JOHN C. SCHWEI Eli known to me to be the person
whose name is subscribed to the foregoing insMrment and acknowledged to me that he executed
the same for the purposes and consideration hem expo
GIVEN UNDER MY HAND AND SEAL OF OFFICE this a���" day of
January . I9%.
BFi ADA EWERS
�` �r► cam tx>�s �..
Fabnaegr e, tt�1 Notary Pubfic to and for ig Staft
My Comraitkon Expires: a 1 f c
CON RAM OF SALE
DORSAR Ih7&qfNMNT COMPANY ET AL PAGE 7
THE STAM O
COUNTY OF §
BEFORE ME, the undid authority a Notary Public in and for .said County and
State, on this day personally appeared ST'EPHEN L. FEMBERG, known to me to be the
person whose name es subscribed to the foregoing instrvrnent and acknowledged to me that he
executed the same for the purposes and consideration herein expressed.
IVEN UNDER IviY HAND AND SEAL OF OFFICE this `1 day of
;mot F� � ISA S. V�46 ELA
h00AFY pUBLIG ti Mary is in an r the Stiieof
y` State of Texas 5
� ` F_x a4.10-97
. —;,.4r c.,� p My Commission Expires. ��-�•� ` �]
c,F
JM:jVK-JC:S.DOC
D7-CornAgmt%drov, January 17.1996
CONTRACT OF 9AL8
DOR,°AR jNvFS MFN, COWANY BT AL ••— PAGE 9
COUNCIL DOCUMENTS SUBMITTAL FORM
ONE SUBMITTAL FORM PER AGENDA ITEM, PLEASE! The document(s) must be signed by
all appropriate parties (including Staff and Attorney) before submitting document(s) to the City
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DEPARTMENT: I`• 'w • CONTACT PERSON: P
CENTER NO.: c.�, �`� TELEPHONE NO.:
COUNCIL DATE:- - G
DOCUMENT DESCRIPTION: iGFr Cd•J�/,t�c �'a- 7
PLEASE SPECIFY OTHER t2t�jf!, ojote;&44
INSTRUCTIONS:
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RETURN WHEN AVAILABLE C
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FOR CITY SECRETARrS OFFICE USE I ,
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