HomeMy WebLinkAboutResolution - 2002-R0379 - Amendment Of Contract Of Sale - Loyette Hafey - 09/26/2002Resolution No. 2002-RO379
September 26, 2002
Item No. 16
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment of
Contract of Sale between the City of Lubbock, Buyer, and Loyette M. Hafey,
Seller, and any other related documents. The Amendment of Contract of Sale
provides for corrections to the original Contract of Sale, passed by City Council on
July 11, 2002 as Resolution No. 2002-R0266, as rendered necessary by title review.
Said Amendment of Contract of Sale is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
Passed by the City Council this 26th day
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed- Bucy
Right -of -Way Agent
APPROVED AS TO FO
Ridhard K. Casner
Natural Resources Attorney
UCCDOCS/Richard/ke/LHafeyAmendContractSale. Reso
September 11, 2002
Resolution N0. 2002-RO379
September 26, 2002
Item 16
AMENDMENT OF CONTRACT OF SALE
WHEREAS, on or about July 11, 2002, Loyette M. Hafey, as Seller, and the City
of Lubbock, Texas, a Home Rule Municipal Corporation of Lubbock County, Texas, as
Buyer, entered into that certain Contract of Sale (herein so called) for the purchase of a
portion of Section Three (3), Block A, Lubbock County, Texas, described by metes and
bounds in the Contract of Sale (the "Subject Lands");
WHEREAS, the review of title to the Subject Lands revealed several defects,
inconsistencies, and/or discrepancies in the Contract of Sale, necessitating an amendment
thereof,
WHEREAS, Loyette M. Hafey, as Seller, and the City of Lubbock, Texas, a
Home Rule Municipal Corporation of Lubbock County, Texas, as Buyer, now desire to
enter into this Amendment of Contract of Sale to correct said defects, inconsistencies,
and/or discrepancies.
NOW, THEREFORE, Loyette M. Hafey, as Seller, and the City of Lubbock,
Texas, a Home Rule Municipal Corporation of Lubbock County, Texas, as Buyer, agree
to amend the Contract of Sale as follows:
1. Exhibit "A" to the Contract of Sale is deleted in its
entirety and replaced with Exhibit "A", attached
hereto, and made a part hereof for all purposes.
2. Exhibit "B" to the Contract of Sale ( i.e., the General Warranty
Deed) is deleted in its entirety and replaced with Exhibit `B"
attached hereto and made a part hereof for all purposes.
SELLER:
Loye to M. Hafey
IM
IM
Executed on the 26th day of September 2002.
ATTEST:
Rebecca, Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FO
Richard Casner, Natural Resources Attorney
EXHIBIT "A"
To
General Warranty Deed
Tract I - North
Resolution NO. 2002-RO379
METES AND BOUNDS DESCRIPTION OF A 5.859 ACRE TRACT OF LAND IN THE NORTHEAST
QUARTER OF SECTION 3, BLOCK A, T.T. RAILROAD COMPANY SURVEY, LUBBOCK
COUNTY, TEXAS BEING THE NORTH PORTION OF THAT TRACT OF LAND CONVEYED TO
EDWARD HAFEY AND DESCRIBED IN VOLUME 1619 PAGE 950 OF THE DEED RECORDS OF
LUBBOCK COUNTY, TEXAS AND FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A %z" IRON ROD WITH CAP SET FOR THE SOUTHWEST CORNER OF THIS TRACT
IN THE WEST LINE OF SAID HAFEY TRACT, THE EAST LINE OF THE BURLESON & OSBORN 2'D
ADDITION AS SHOWN ON THE PLAT THEREOF RECORDED IN VOLUME 315 PAGE 483 OF SAID
RECORDS AND THE NORTH LINE OF EAST CORNELL STREET FROM WHENCE A 1/a" IRON PIPE
FOUND AT THE NORTHEAST CORNER OF SAID SECTION 3 BEARS N 89054'00" E A DISTANCE
OF 512.00 FEET AND N 0006'00" W A DISTANCE OF 1183.16 FEET;
THENCE N 0006'00" W, ALONG THE WEST LINE OF SAID HAFEY TRACT AND THE EAST LINE
OF SAID ADDITION, A DISTANCE OF 419.80 FEET TO A I/z" IRON ROD WITH CAP SET IN THE
SOUTHEAST RIGHT OF WAY LINE OF U.S. HIGHWAY 62-82 DESCRIBED IN VOLUME 175 PAGE
202 OF SAID RECORDS FOR THE NORTHWEST CORNER OF THIS TRACT;
THENCE N 45053'10" E, ALONG SAID RIGHT OF WAY LINE AND THE NORTH LINE OF SAID
HAFEY TRACT, A DISTANCE OF 420.50 FEET TO A %z" IRON ROD WITH CAP SET FOR THE MOST
NORTHERLY CORNER OF THIS TRACT;
THENCE S 44006'50" E, ALONG THE NORTHEAST LINE OF SAID HAFEY TRACT, A DISTANCE
OF 301.64 FEET TO A NAIL AND TAG SET IN THE EAST LINE OF SAID HAFEY TRACT AND THE
EAST LINE OF SAID SECTION 3 FOR THE NORTHEAST CORNER OF THIS TRACT;
THENCE S 0006'00" E, ALONG THE EAST LINE OF SAID HAFEY TRACT, THE EAST LINE OF
SAID SECTION 3 AND OF NORTH OLIVE AVENUE, A DISTANCE OF 318.61 FEET TO A NAIL
AND TAG SET FOR THE SOUTHEAST CORNER OF THIS TRACT;
THENCE S 89°54'00" W A DISTANCE OF 30.00 FEET TO A 1/2" IRON ROD WITH CAP SET FOR A
CORNER OF THIS TRACT AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF
15.00 FEET;
THENCE SOUTHWESTERLY, ALONG SAID CURVE HAVING A CHORD BEARING OF S 44054'00"
W, A CHORD DISTANCE OF 21.21 FEET TO A %a" IRON ROD WITH CAP SET FOR A CORNER OF
THIS TRACT AT THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 325.00 FEET;
THENCE SOUTHWESTERLY, ALONG SAID CURVE HAVING A CHORD BEARING OF S 71052'02"
W, A CHORD DISTANCE OF 201.21 FEET TO A'/z" IRON ROD WITH CAP SET FOR A CORNER OF
THIS TRACT;
THENCE S 53°50'03" W A DISTANCE OF 7 8.8 9 FEET TO A %z" IRON ROD WITH CAP SET FOR A
CORNER OF THIS TRACT AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF
275.00 FEET;
THENCE SOUTHWESTERLY, ALONG SAID CURVE HAVING A CHORD BEARING OF S 71052'02"
W, A CHORD DISTANCE OF 170.26 FEET TO A'/z" IRON ROD WITH CAP SET FOR A CORNER OF
THIS TRACT;
THENCE S 890 54'00" W A DISTANCE OF 50.00 FEET TO THE PLACE OF BEGINNING.
Tract II - South
METES AND BOUNDS DESCRIPTION OF A 5.454 ACRE TRACT OF LAND IN THE NORTHEAST
QUARTER OF SECTION 3, BLOCK A, T. T. RAILROAD COMPANY SURVEY, LUBBOCK
COUNTY, TEXAS BEING THE SOUTH PORTION OF THAT TRACT OF LAND CONVEYED TO
EDWARD HAFEY AND DESCRIBED IN VOLUME 1619 PAGE 950 OF THE DEED RECORDS OF
LUBBOCK COUNTY, TEXAS AND FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A'/a" IRON ROD WITH CAP SET FOR THE NORTHWEST CORNER OF THIS TRACT
IN THE WEST LINE OF SAID HAFEY TRACT, THE EAST LINE OF THE BURLESON & OSBORN 2ND
ADDITION AS SHOWN ON THE PLAT THEREOF RECORDED IN VOLUME 315 PAGE 483 OF SAID
RECORDS AND THE NORTH LINE OF EAST CORNELL STREET FROM WHENCE A '/z" IRON PIPE
FOUND AT THE NORTHEAST CORNER OF SAID SECTION 3 BEARS N 89054'00" E A DISTANCE
OF 512.00 FEET AND N 0006'00" W A DISTANCE OF 1183.16 FEET;
THENCE N 89054'00" E A DISTANCE OF 50.00 FEET TO A'/z" IRON ROD WITH CAP SET FOR A
CORNER OF THIS TRACT AT THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF
275.00 FEET;
THENCE NORTHEASTERLY, ALONG SAID CURVE HAVING A CHORD BEARING OF N 71052'02"
E, A CHORD DISTANCE OF 170.26 FEET TO A'/2" IRON ROD WITH CAP SET FOR A CORNER OF
THIS TRACT;
THENCE N 53°50'03" E A DISTANCE OF 78.89 FEET TO A 1/2" IRON ROD WITH CAP SET FOR A
CORNER OF THIS TRACT AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF
325.00 FEET;
THENCE NORTHEASTERLY, ALONG SAID CURVE HAVING A CHORD BEARING OF N 71052'02"
E, A CHORD DISTANCE OF 201.21 FEET TO A 1/z" IRON ROD WITH CAP SET FOR A CORNER OF
THIS TRACT AT THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET;
THENCE NORTHEASTERLY, ALONG SAID CURVE HAVING A CHORD BEARING OF N 44054'00"
E, A CHORD DISTANCE OF 21.21 FEET TO A %z" IRON ROD WITH CAP SET FOR A CORNER OF
THIS TRACT;
THENCE N 89054'00" E A DISTANCE OF 30.00 FEET TO A NAIL AND TAG SET IN THE EAST
LINE OF SAID HAFEY TRACT AND THE EAST LINE OF SAID SECTION 3 FOR THE NORTHEAST
CORNER OF THIS TRACT;
THENCE S 0006'00" E, ALONG THE EAST LINE OF SAID HAFEY TRACT, THE EAST LINE OF
SAID SECTION 3 AND NORTH OLIVE AVENUE, A DISTANCE OF 540.39 FEET TO A NAIL AND
TAG SET IN THE NORTH LINE OF THAT STREET DEDICATION DESCRIBED IN VOLUME 2595
PAGE 177 OF SAID RECORDS FOR THE SOUTHEAST CORNER OF THIS TRACT;
THENCE S 89054'00" W, ALONG SAID NORTH LINE, A DISTANCE OF 30.00 FEET TO A 1/a"
IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT AT THE BEGINNING OF A CURVE TO
THE RIGHT HAVING A RADIUS OF 15.00 FEET;
THENCE SOUTHWESTERLY, ALONG SAID NORTH LINE AND SAID CURVE HAVING A CHORD
BEARING OF S 44054'33" W, A CHORD DISTANCE OF 21.22 FEET TO A 1/z" IRON ROD WITH
CAP SET FOR A CORNER OF THIS TRACT;
THENCE S 89055'05" W, ALONG SAID NORTH LINE, A DISTANCE OF 341.40 FEET TO A 1/2"
IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT;
THENCE S 77052'16" W, ALONG SAID NORTH LINE, A DISTANCE OF 128.41 FEET TO A 1/2"
IRON ROD WITH CAP SET AT THE SOUTHEAST CORNER OF LOT 8, BLOCK 2 OF SAID ADDITION
AND THE SOUTHWEST CORNER OF SAID HAFEY TRACT FOR THE SOUTHWEST CORNER OF THIS
TRACT;
THENCE N 0006'00" W, ALONG THE EAST LINE OF SAID ADDITION AND THE WEST LINE OF
SAID HAFEY TRACT, A DISTANCE OF 405.60 FEET TO THE PLACE OF BEGINNING.
Resolution No. 2002-R 0379
EXHIBIT "B„
To
Amendment of Contract of Sale
GENERAL WARRANTY DEED
STATE OF TEXAS §
<yyy
COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS
That LOYETTE M. HAFEY (herein called "Grantor'), for and in consideration of
the sum of TEN AND N0/100 DOLLARS ($10.00), and other good and valuable
consideration to Grantor in hand paid by the CITY OF LUBBOCK, a Home Rule
Municipal Corporation (herein called "Grantee"), P. O. Box 2000, Lubbock, TX 79457,
the receipt and sufficiency of which are hereby acknowledged and confessed, has
GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and
CONVEY, unto Grantee all the real property in Lubbock County, Texas described on
Exhibit "A", attached hereto, together with all the rights appurtenant to said real property,
and fixtures attached thereto or located thereon (the "Property").
This conveyance is subject to the following:
[Insert Permitted Exceptions]
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
EXECUTED the day of , 2002.
Loyette A Hafey
THt''STATE OF §
COUNTY OF §
This instrument was acknowledged before me on . , 2002 by
Notary Public, State of _
My commission expires:
EXHIBIT "A"
To
General Warranty Deed
Tract I - North
Resolution No. 2002-R 0379
METES AND BOUNDS DESCRIPTION OF A 5.859 ACRE TRACT OF LAND IN THE NORTHEAST
QUARTER OF SECTION 3, BLOCK A, T.T. RAILROAD COMPANY SURVEY, LUBBOCK
COUNTY, TEXAS BEING THE NORTH PORTION OF THAT TRACT OF LAND CONVEYED TO
EDWARD HAFEY AND DESCRIBED IN VOLUME 1619 PAGE 950 OF THE DEED RECORDS OF
LUBBOCK COUNTY, TEXAS AND FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2" IRON ROD WITH CAP SET FOR THE SOUTHWEST CORNER OF THIS TRACT
IN THE WEST LINE OF SAID HAFEY TRACT, THE EAST LINE OF THE BURLESON & OSBORN 2ND
ADDITION AS SHOWN ON THE PLAT THEREOF RECORDED IN VOLUME 315 PAGE 483 OF SAID
RECORDS AND THE NORTH LINE OF EAST CORNELL STREET FROM WHENCE A %z" IRON PIPE
FOUND AT THE NORTHEAST CORNER OF SAID SECTION 3 BEARS N 89054'00" E A DISTANCE
OF 512.00 FEET AND N 0006'00" W A DISTANCE OF 1183.16 FEET;
THENCE N 0006'00" W, ALONG THE WEST LINE OF SAID HAFEY TRACT AND THE EAST LINE
OF SAID ADDITION, A DISTANCE OF 419.80 FEET TO A %i" IRON ROD WITH CAP SET IN THE
SOUTHEAST RIGHT OF WAY LINE OF U.S. HIGHWAY 62-82 DESCRIBED IN VOLUME 175 PAGE
202 OF SAID RECORDS FOR THE NORTHWEST CORNER OF THIS TRACT;
THENCE N 45053'10" E, ALONG SAID RIGHT OF WAY LINE AND THE NORTH LINE OF SAID
HAFEY TRACT, A DISTANCE OF 420.50 FEET TO A %a" IRON ROD WITH CAP SET FOR THE MOST
NORTHERLY CORNER OF THIS TRACT;
THENCE S 44°06'50" E, ALONG THE NORTHEAST LINE OF SAID HAFEY TRACT, A DISTANCE
OF 301.64 FEET TO A NAIL AND TAG SET IN THE EAST LINE OF SAID HAFEY TRACT AND THE
EAST LINE OF SAID SECTION 3 FOR THE NORTHEAST CORNER OF THIS TRACT;
THENCE S 0006'00" E, ALONG THE EAST LINE OF SAID HAFEY TRACT, THE EAST LINE OF
SAID SECTION 3 AND OF NORTH OLIVE AVENUE, A DISTANCE OF 318.61 FEET TO A NAIL
AND TAG SET FOR THE SOUTHEAST CORNER OF THIS TRACT;
THENCE S 89054'00" W A DISTANCE OF 30.00 FEET TO A/2" IRON ROD WITH CAP SET FOR A
CORNER OF THIS TRACT AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF
15.00 FEET;
THENCE SOUTHWESTERLY, ALONG SAID CURVE HAVING A CHORD BEARING OF S 44°54'00"
W, A CHORD DISTANCE OF 21.21 FEET TO A'/z" IRON ROD WITH CAP SET FOR A COR-NER OF
THIS TRACT AT THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 325.00 FEET;
THENCE SOUTHWESTERLY, ALONG SAID CURVE HAVING A CHORD BEARING OF S 7152'02"
W, A CHORD DISTANCE OF 201.21 FEET TO A %i" IRON ROD WITH CAP SET FOR A CORNER OF
THIS TRACT;
THENCE S 53050'03" W A DISTANCE OF 78.89 FEET TO A'/2" IRON ROD WITH CAP SET FOR A
CORNER OF THIS TRACT AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF
275.00 FEET;
THENCE SOUTHWESTERLY, ALONG SAID CURVE HAVING A CHORD BEARING OF S 7152'02"
W, A CHORD DISTANCE OF 170.26 FEET TO A %i" IRON ROD WITH CAP SET FOR A CORNER OF
THIS TRACT;
THENCE S 890 54'00" W A DISTANCE OF 50.00 FEET TO THE PLACE OF BEGINNING.
Tract II - South
METES AND BOUNDS DESCRIPTION OF A 5.454 ACRE TRACT OF LAND IN THE NORTHEAST
QUARTER OF SECTION 3, BLOCK A, T. T. RAILROAD COMPANY SURVEY, LUBBOCK
COUNTY, TEXAS BEING THE SOUTH PORTION OF THAT TRACT OF LAND CONVEYED TO
EDWARD HAFEY AND DESCRIBED IN VOLUME 1619 PAGE 950 OF THE DEED RECORDS OF
LUBBOCK COUNTY, TEXAS AND FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A '/2" IRON ROD WITH CAP SET FOR THE NORTHWEST CORNER OF THIS TRACT
IN THE WEST LINE OF SAID HAFEY TRACT, THE EAST LINE OF THE BURLESON & OSBORN 2ND
ADDITION AS SHOWN ON THE PLAT THEREOF RECORDED IN VOLUME 315 PAGE 483 OF SAID
RECORDS AND THE NORTH LINE OF EAST CORNELL STREET FROM WHENCE A '/z" IRON PIPE
FOUND AT THE NORTHEAST CORNER OF SAID SECTION 3 BEARS N 89054'00" E A DISTANCE
OF 512.00 FEET AND N 0006'00" W A DISTANCE OF 1183.16 FEET;
THENCE N 89054'00" E A DISTANCE OF 50.00 FEET TO A %i" IRON ROD WITH CAP SET FOR A
CORNER OF THIS TRACT AT THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF
275.00 FEET;
THENCE NORTHEASTERLY, ALONG SAID CURVE HAVING A CHORD BEARING OF N 71052'02"
E, A CHORD DISTANCE OF 170.26 FEET TO A %i" IRON ROD WITH CAP SET FOR A CORNER OF
THIS TRACT;
THENCE N 53050'03" E A DISTANCE OF 78.89 FEET TO A %2" IRON ROD WITH CAP SET FOR A
CORNER OF THIS TRACT AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF
325.00 FEET;
THENCE NORTHEASTERLY. ALONG SAID CURVE HAVING A CHORD BEARING OF N 71"52'02"
E, A CHORD DISTANCE OF 201.21 FEET TO A i/z" IRON ROD WITH CAP SET FOR A CORNER OF
THIS TRACT AT THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET;
THENCE NORTHEASTERLY, ALONG SAID CURVE HAVING A CHORD BEARING OF N 44`54'00"
E, A CHORD DISTANCE OF 21.21 FEET TO A 1/z" IRON ROD WITH CAP SET FOR A CORNER OF
THIS TRACT;
THENCE N 89054'00" E A DISTANCE OF 30.00 FEET TO A NAIL AND TAG SET IN THE EAST
LINE OF SAID HAFEY TRACT AND THE EAST LINE OF SAID SECTION 3 FOR THE NORTHEAST
CORNER OF THIS TRACT;
THENCE S 0006'00" E, ALONG THE EAST LINE OF SAID HAFEY TRACT, THE EAST LINE OF
SAID SECTION 3 AND NORTH OLIVE AVENUE, A DISTANCE OF 540.39 FEET TO A NAIL AND
TAG SET N THE NORTH LINE OF THAT STREET DEDICATION DESCRIBED N VOLu%m 2595
PAGE 177 OF SAID RECORDS FOR THE SOUTHEAST CORNER OF THIS TRACT;
THENCE S 89054'00" W, ALONG SAID NORTH LINE, A DISTANCE OF 30.00 FEET TO A %2"
IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT AT THE BEGINNING OF A CURVE TO
THE RIGHT HAVING A RADIUS OF 15.00 FEET;
THENCE SOUTHWESTERLY, ALONG SAID NORTH LINE AND SAID CURVE HAVING A CHORD
BEARING OF S 44°54'33" W, A CHORD DISTANCE OF 21.22 FEET TO A %2" IRON ROD WITH
CAP SET FOR A CORNER OF THIS TRACT;
THENCE S 89055'05" W, ALONG SAID NORTH LINE, A DISTANCE OF 341.40 FEET TO A 1/2"
IRON ROD WITH CAP SET FOR A CORNER OF THIS TRACT;
THENCE S 77052'16" W, ALONG SAID NORTH LINT, A DISTANCE OF 128.41 FEET TO A %2"
IRON ROD WITH CAP SET AT THE SOUTHEAST CORNER OF LOT 8, BLOCK 2 OF SAID ADDITION
AND THE SOUTHWEST CORNER OF SAID HAFEY TRACT FOR THE SOUTHWEST CORNIER OF THIS
TRACT;
THENCE N 0006'00" W, ALONG THE EAST LINE OF SAID ADDITION AND THE WEST LINE OF
SAID HAFEY TRACT, A DISTANCE OF 405.60 FEET TO THE PLACE OF BEGINNING.