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Home My WebLink AboutResolution - 5329 - Right Of Way Offer-Juan V & Elsa Gutierrrez- AJ Coleman Addition, Fire Station - 11_07_1996RESOLUTION NO.5329 Item #8 November 7, 1996 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 1. THAT the fee simple title to the following described tracts 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: TRACT 1 The East 127 feet of the North half of Block three (3), A.J. Coleman Addition to the City of Lubbock, Lubbock County, Texas. TRACT 2 The East 277.4 feet of the South half of Block three (3), A.J. Coleman Addition to the City of Lubbock, Lubbock County, Texas. 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 $111, 300.00. SECTION 3. THAT if the above Contract of Sale is not executed by November 15, 1996, by the Owners of the above described property, such Owners being JUAN V. GUTIERREZ and wife, ELSA GUTIERREZ, 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 7th day of November 1996. ATTEST: KaT Darnell, City Secretary APPROVED AS TO CONTENT: �---t� l� Ed Bucy, Right -of -Way bepartment APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney/ Office Practice Section dp:ccdocslfire.res October 2, 1996 ALEX "TY" MAYOR PRO TEMPORE N RESOLUTION NO.5329 Item #8 November 7, 1996 THE STATE OF TEXAS § COUNTY OF LUBBOCK § This Contract of Sale is made by and between JUAN V. GUTIERREZ A" WIFE, . ...... ELSA GUTIERREZ, (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-CIIALS: 1. SELLERS own two tracts of land, in Block in Block Three (3), A.J. Coleman Addition to the City of Lubbock, Lubbock County, Texas. 2. SELLERS desire to sell and CITY desires to buy the above described real property and improvements thereon, herein collectively referred to as "the GUTIERREZ PROPERTY," free and clear of all liens, claims and encumbrances, and upon the terms and conditions hereinafter set forth. AGREEMEND I. PROPERTY 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: two tracts of land in Block three (3), A.J. Coleman Addition to the City of Lubbock, Lubbock County, Texas, and being further described as follows: TRACT 1 The East 127 feet of the North half of Block three (3), A.J. Coleman Addition to the City of Lubbock, Lubbock County, Texas. TRACT 2 The East 277.4 feet of the South half of Block three (3), A.J. Coleman Addition to the City of Lubbock, Lubbock County, Texas 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 ELEVEN THOUSAND AND, THREE HUNDRED DOLLARS AND N01100 DOLLARS ($111,300.00) cash to be paid by BUYER to SELLERS at closing. The title commitment and policy will be issued from Western Title Company, 1810 34th Street, Lubbock, Texas 79411. IV. It is understood that the ad valorem taxes for 1995 and all previous years have been paid and that the prorated taxes for 1996 to the date of closing will be paid by SELLERS. CONTRACT OF SALE GiTTIERREZ PROPERTY -- PAGE 2 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 GUTIERREZ PROPERTY shall be on or before December 1,1996. 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. CONTRACT OF SALE GUTIERREZ PROPERTY -- PAGE 3 VIM BUYER represents that it will contract with an environmental engineering firm to conduct an environmental study of the property at BUYER'S expense. No visible problems are foreseen with this property, but if a major environmental issue is discovered, SELLER will pay for any remedial work necessary. IX. 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: BILL YOUNG Westar Realty 4415 71 st Street, Suite 12 Lubbock, Texas 79424 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. SELLER may elect to use the proceeds from this sale to enter into a 1031 Deferred Exchange. CONTRACT OF SALE GM IERREZ PROPERTY - PAGE 4 XI. REALTOR 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. 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 December 1, 1996. Closing shall take place at the 34th Street office of Western 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. XIII. GENERAL CONDITIONS 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. B. Counterparts: This Contract may be executed in one or more counterparts, each of which shall be effective as an original. CONTRACT OF SALE GUTIERREZ PROPERTY -- PAGE 5 IN WITNESS WHEREOF, the parties hereto have executed this Contract of Sale, effective this % day of O G iy/-z , 1996. SELLERS: aVAN V. GUTIERREZ r ELSA GUIIERR : 6114-01A CIT Al 'EST: " Darnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Atent APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney/ Office Practice Section CONTRACT OF SALE GUTIERREZ PROPERTY ---- PAGE 6 THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared ALEX "TY" COOKE, Mayor Pro Tempore 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 herein expressed and in the capacity herein stated as the act and deed of the CITY OF LUBBOCK. GIVEN UNDER MY HAND AND SEAL OF OFFICE this —14U day of qwf "'N✓ , 1996. oN..»�»�qh, KATHERINE EGGER Notary Public. State of Texas My Commission Expires 10-6-97 THE STATE OF COUNTY O _ " Notary Public in and o e State of Texas My Commission Expires: to • U •9-7 BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared JUAN V. GUTIERREZ, 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. QIYl EN UNDER MY HAND AND SEAL OF OFFICE this ` day of �e�(,P _A-2 , 1996. NYOKA WMPKIN • Notary Public. ft d Texts s, �w My commission ExOm 1.21W �• m NO Pu c in for e S to of My Commission Expires: 5Z�/ 1�2 2 CONTRACT OF SALE GUTIERREZ PROPERTY --- PAGE 7 r THE STATE OF § COUNTY O , § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared ELSA GUTIERREZ, known to me 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 herein expressed. N UNDER MY HAND AND SEAL OF OFFICE this day of 1996. ,�"'•"w, o Public in and f r the State of NYOKA LUMPKIN + Nftry Pubfic, Stem of Texas M Y Commission Expires: AlY Commission Expires 5.2I-97 Apk-gutirc.doc W-ContsAgm"eptember 24, 19996 CONTRACT OF SALE GUTIERREZ PROPERTY ---- PAGE 8