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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 Secretary's Office. One original will be retained by the City Secretary's Office for the permanent files. Any additional originals or copies submitted will be returned when complete. A copy of the Resolution/Ordinance will be automatically returned to you. PLEASE PRINT! 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: CHECK APPROPRIATE BLANK: RESOLUTION QUANTITY AGREEMENT QUANTITY CONTRACT QUANTITY �. ORDINANCE QUANTITY URGENT - RETURN AS SOON AS POSSIBLE RETURN WHEN AVAILABLE C DO NOT RETURN ANY DOCUMENTS REMEMBERII One original must be retained by the City Secretary's Office. Furnish an additional original if you are requesting an original to be returned. AGENDA ITEM # 1ST READING: AGENDA ITEM # COUNCIL DATE FOR CITY SECRETARrS OFFICE USE I , RESOLUTION NO. COUNCIL DATE: ORDINANCE NO. 2ND READING: AGENDA ITEM # COUNCIL DATE DISPOSITION CALLED: _ _TIME: INTEROFFICE MAIL: DATE: PICKED UP BY: DATE: