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HomeMy WebLinkAboutResolution - 2008-R0404 - Contract Of Sale Of Property By Turnbow, Blanchard To City Of Lubbock - 10/23/2008Resolution No. 2008-RO404 October 23, 2008 Item No. 5.9 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, a Contract of Sale by and between Royce B. Turnbow, Betty Turnbow, Hunter Blanchard and Karen Blanchard, as Seller, and the City of Lubbock, as Buyer, for the sale and purchase of approximately 10.437 acres of property and an associated easement located in Section 42, Block AK, E.L. & R.R. Railroad Company Survey, Lubbock County, Texas, and all related documents. Said 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 23rd day of October 2008. -10� TOM MARTIN, MAYOR ATTEST: Rebe.c a Garza, City SecreTiFy APPROVED 'Ac TO CONTENT: Dave Booher, Right -of -Way Agent -71kl,, � �,j Marq Yearw ' d, Assistant City Manager Chief Information Officer APPROVED AS TO FORM: Z "�? Richard K. Casner, First Assistant Attorney Turnbow&Blanchard-Contract of Sale.res October 10, 2008 0 Resolution No. 2008 RO404 CONTRACT OF SALE STATE OF TEXAS § COUNTY OF LUBBOCK § This Contract of Sale (the "Contract") is made this 23rd day of October 2008, effective as of the date of execution hereof by Buyer (the "Effective Date"), by and between Royce B. Turnbow and Betty Turnbow (collectively, "Turnbow") and Hunter Blanchard and Karen Blanchard (collectively, "Blanchard") (Turnbow and Blanchard are collectively referred to herein as "Seller") and the City of Lubbock, Texas, a Home Rule Municipal Corporation of Lubbock County, Texas (referred to herein as "Buyer"). RECITALS WHEREAS, Turnbow owns that certain tract of land described on Exhibit "A", attached hereto, and located in Lubbock County, Texas (the "Land"); WHEREAS, Seller owns that certain tract of tract of land described on Exhibit "B" attached hereto, and located in Lubbock County, Texas (the 'Basement Land"); and WHEREAS, Turnbow and Seller desire to sell to City, and City desires to (i) buy from Turnbow, the Land and all the rights appurtenant to the Land; and (ii) buy from Seller, a Roadway Easement (herein so called), as more particularly described below, over and across the Easement Land (collectively, the "Property"). ARTICLE I SALE OF PROPERTY For the consideration hereinafter set forth, and upon the terms, conditions and provisions herein contained, Turnbow and Seller agree to sell and convey to Buyer, and Buyer agrees to purchase from Turnbow and Seller, the Property. ARTICLE II PURCHASE PRICE AND EARNEST MONEY 2.01 Purchase Price. The Purchase Price to be paid jointly to Seller for the Property is the sum of Eighty Thousand and No/ 100 Dollars ($80,000.00) (the "Purchase Price"). 2.02 Independent Contract Consideration. Within five (5) calendar days after the Effective Date, as defined below, Buyer shall deliver to Seller a check, payable jointly to Seller, in the amount of One Hundred and No/100 Dollars ($100.00) (the "Independent Contract Consideration"), which amount the parties hereby acknowledge and agree has been bargained for and agreed to as consideration for SelIer's execution and delivery of the Contract. The Independent Contract Consideration is in addition to, and independent ,,I of any other consideration or payment provided in this Contract, is non-refundable, and shall be retained by Seller notwithstanding any other provision of this Contract. 2.03 Earnest Money. Buyer shall deposit the sum of One Thousand and No/100 Dollars ($1,000.00), as Earnest Money (herein so called) with Lubbock Abstract & Title Company, 1216 Texas Avenue, Lubbock, Texas, 79401 (the "Title Company"), as escrow agent, upon execution of this Contract by Seller and Buyer. All interest earned thereon shall become part of the Earnest Money and shall be applied or disposed of in the same manner as the original Earnest Money deposit, as provided in this Contract. If the purchase contemplated hereunder is consummated in accordance with the terms and the provisions hereof, the Earnest Money, together with all interest earned thereon, shall be applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the interest accrued thereon, shall be disposed of by the Title Company as provided in this Contract. ARTICLE III TITLE AND SURVEY 3.01 Title Commitment. (a) After thirty-one (31) days, but before fifty (50) calendar days after the Effective Date, Seller, at Buyer's sole cost and expense, shall cause to be furnished to Buyer a current Commitment for Title Insurance (the "Title Commitment") for the Property, issued by Title Company and containing an effective date at least thirty-one (3 1) calendar days of the the Effective Date. The Title Commitment shall set forth the state of title to the Property, including a list of liens, mortgages, security interests, encumbrances, pledges, assignments, claims, charges, leases (surface, space, mineral, or otherwise), conditions, restrictions, options, severed mineral interests, conditional sales contracts, rights of first refusal, restrictive covenants, exceptions, easements (temporary or permanent), rights-of-way, encroachments, or any other outstanding claims, interests, estates or equities of any nature (each of which are referred to herein as an "Exception"). (b) Along with the Title Commitment, Seller shall also cause to be delivered to Buyer, at Buyer's sole cost and expense, true and correct copies of all instruments that create or evidence Exceptions, including those described in the Title Commitment as exceptions to which the conveyance will be subject and which are required to be released or cured at or prior to Closing. 3.02 Survey. Buyer has caused to be prepared a current on the ground survey of the Property (the "Survey"). Seller shall furnish or cause to be furnished any affidavits, certificates, assurances, and/or resolutions or amended or revised survey(s) as required by the Title Company in order to amend the survey exception as required by Section 3.05 Contract of Sale Page 2 of 23 below. The description of the Property as set forth in the Survey shall be used to describe the Property in the deed to convey the Property to Buyer and shall be the description set forth in the Title Policy. 3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall have a period of fifteen (15) calendar days (the "Title Review Period") commencing with the day Buyer receives the last of the Title Commitment, the Survey, and the Exception documents, in which to give written notice to Seller, specifying Buyer's objections to one or more of the items ("Objections"), if any. All items set forth in the Schedule C of the Title Commitment, and all other items set forth in the Title Commitment which are required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be Objections without any action by Buyer. 3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall, within thirty (30) calendar days after Seller is provided notice of Objections, either satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in writing of the Objections that Seller cannot or will not satisfy at Seller's expense. Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure those Objections or Exceptions that have been voluntarily placed on or against the Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any Objections that Seller is not obligated to cure within the allowed thirty (30) calendar day period, and if Buyer and Seller do not agree in writing to an extension of that period, then Buyer has the option of either: (i) waiving the unsatisfied Objections by, and only by, notice in writing to Seller within forty-five (45) calendar days after the expiration of the Title Review Period, in which event those Objections shall become Permitted Exceptions (herein so called), or (ii) terminating this Contract by notice in writing and receiving back the Earnest Money, in which latter event Seller and Buyer shall have no further obligations, one to the other, with respect to the subject matter of this Contract. 3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a standard Texas Owner Policy of Title Insurance ("Title Policy") to be furnished to Buyer. The Title Policy shall be issued by the Title Company, on behalf of Lawyers Title Insurance Corporation, in the amount of the Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property, subject only to the Permitted Exceptions. The Title Policy may contain only the Permitted Exceptions and shall contain no other exceptions to title, with the standard printed exceptions amended or deleted as follows: (i) survey exception must be amended to read "shortages in area" only (although Schedule C of the Title Commitment may condition amendment on the presentation of an acceptable survey and payment, to be borne solely by Seller, of any required additional premium); Contract of Sale Page 3 of 23 (ii) no exception will be permitted for "visible and apparent easements" or words to that effect (although reference may be made to any specific easement or use shown on the Survey if a Permitted Exception); (iii) no exception will be permitted for "rights of parties in possession"; (iv) no liens will be shown on Schedule B. feasibility Notwithstanding the enumeration of the following exceptions, amendments and/or deletions, Buyer may object to any Exception it deems material, in its sole discretion. ARTICLE IV FEASIBILITY REVIEW PERIOD 4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the period commencing with the Effective Date of this Contract and ending one hundred twenty (120) calendar days thereafter (the "Absolute Review Period"), based on such tests, examinations, studies, investigations and inspections of the Property the Buyer deems necessary or desirable, including but not limited to studies or inspections to determine the existence of any environmental hazards or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for Buyer's purposes. Buyer is granted the right to conduct engineering and/or market and economic feasibility studies of the Property, and to conduct a physical inspection of the Property, including inspections that invade the surface and subsurface of the Property. Buyer is further granted the right to apply for a modification or change in the zoning of the Property in its name and/or in the name of the Seller. If Buyer determines, in its sole judgment, that the Property is not suitable, for any reason, for Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as reasonably practicable, but in any event prior to the expiration of the Absolute Review Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor Seller shall have any further duties or obligations hereunder. ARTICLE V REPRESENTATIONS, WARRANTIES, COVENANTS AND 5.01 Representations and Warranties of Seller. To induce Buyer to enter into this Contract and consummate the sale and purchase of the Property in accordance with the terms and provisions herewith, Seller, individually and collectively, unless specifically provided otherwise, represents and warrants to Buyer as of the Effective Date and as of the Closing Date, except where specific reference is made to another date, that: (a) The descriptive information concerning the Property set forth in this Contract is complete, accurate, true and correct. Contract of Sale Page 4 of 23 (b) There are no adverse or other parties in possession of the Property or any part thereof, and that no party has been granted any license, lease or other right related to the use or possession of any of the Property, or any part thereof. (c) The Seller has good and marketable fee simple title to the Easement Land, subject only to the Permitted Exceptions. (d) Turnbow has good and marketable fee simple title to the Land, subject only to the Permitted Exceptions. (e) Seller has the full right, power, and authority to sell and convey the Roadway Easement over and across the Easement Land, as provided in this Contract, and to carry out Seller's obligations hereunder, and that all requisite actions necessary to authorize Seller to enter into this Contract and to carry out Seller's obligations hereunder have been, or by the Closing, will have been taken. (f) Turnbow has the full right, power, and authority to sell and convey the Land, as provided in this Contract, and to carry out Turnbow's obligations hereunder, and that all requisite actions necessary to authorize Turnbow to enter into this Contract and to carry out Turnbow's obligations hereunder have been, or by the Closing, will have been taken. (g) The Seller has not received notice of, and has no other knowledge or information of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Property. (h) The Seller has disclosed to Buyer in writing of any and all facts and circumstances relating to the physical condition of the Property that may materially and adversely affect the Property and operation or intended operation thereof, or any portion thereof, of which Seller has knowledge. (i) All real estate and personal property taxes, assessments, excises, and levies that are presently due which are against or are related to the Property, or will be due as of the Closing, have been paid and the Property will be subject to no such liens, other than liens for ad valorem taxes for years subsequent to Closing. (j) Seller has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated in this Contract. Contract of Sale Page 5 of 23 5.02 Covenants and Agreements of Seller. Seller, individually and collectively, covenant and agree with Buyer as follows: (a) From the Effective Date until the date of Closing or earlier termination of this Contract, Seller shall: (i) Not enter into any written or oral contract or other agreement of any kind with respect to, or affecting, the Property that will not be fully performed on or before the Closing or would be binding on Buyer after the date of Closing. (ii) Advise the Buyer promptly of any litigation, arbitration, or administrative hearing concerning or affecting the Property. (iii) Not take, or omit to take, any action that would result in a violation of the representations, warranties, covenants, and agreements of Seller or Turnbow. (iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or to the Property, or create, or permit to exist, any lien, encumbrance, or charge thereon. (b) To indemnify and hold Buyer harmless from all loss, liability, and expense, including, without limitation, reasonable attorneys' fees, arising or incurred as a result of any liens or claims resulting from labor or materials furnished to the Property under any written or oral contracts arising or entered into prior to Closing. (c) To assist Buyer in obtaining any modifications or changes to the zoning of the Property Buyer deems necessary or advisable, including without limitation, providing testimony to the Planning and Zoning Commission and/or the City Council of the City of Lubbock. 5.03 Survival Beyond Closing. The representations, warranties, covenants and agreements of Seller, individually and collectively and Buyer contained in this Contract shall survive the Closing. ARTICLE VI CONDITIONS PRECEDENT TO PERFORMANCE 6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under this Contract unless, within the designated time periods, at Seller's sole cost and expense (except as herein expressly provided to the contrary), all of the following shall have occurred: Contract of Sale Page 6 of 23 (i) Seller and/or Turnbow, as applicable, have performed, furnished, or caused to be furnished to Buyer all items required to be so performed or furnished under other sections of this Contract; (ii) Buyer shall not have exercised its right to terminate this Contract as per the terms of Article IV, within the time periods prescribed therein; and (iii) Seller cures or Buyer waives in writing, within the time periods specified in Article III, all of Buyer's objections made in accordance with Article III. 6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements. Buyer is not obligated to perform under this Contract unless all representations, warranties, covenants and agreements of Seller and Turnbow contained in this Contract are true and correct, as of the Closing Date, except where specific reference is made to another date. 6.03 Adverse Change. Buyer shall not be obligated to perform under this Contract, if on the date of Closing, any portion of the Property has been condemned, or is the subject of condemnation, eminent domain, or other material proceeding, or the Property, or any part thereof, has been materially or adversely impaired in any manner. 6.04 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive any of the conditions precedent to the performance of Buyer's obligations under this Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying the waived condition precedent. 6.05 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any of the conditions precedent to the performance of Buyer's obligations under this Contract have not been satisfied or waived by the Buyer, the Buyer may, by giving written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest Money shall be immediately returned to Buyer by the Title Company. The Seller shall, on written request from Buyer, promptly issue the instructions necessary to instruct the Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise provided in this Contract, Buyer and Seller shall have no further obligations under this Contract, one to the other. ARTICLE VII CLOSING 7.01 Date and Place of Closing. The Closing shall take place in the offices of the Title Company and shall be accomplished through an escrow to be established with the Title Company, as escrowee. The Closing Date (herein sometimes called), shall be on the earlier to occur of (i) ten (10) days following the completion of all conditions Contract of Sale Page 7 of 23 precedent to Buyer's performance of this Contract as set forth in Article VI hereof; or (ii) as mutually agreed on by Seller and Buyer. 7.02 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller, and/or Turnbow, as applicable, shall deliver or cause to be delivered to Buyer or the Title Company, at Seller's and/or Turnbow's, as specified below, sole cost and expense, unless specified otherwise herein, the following items: (i) Seller shall deliver the Title Policy, at the sole expense of Buyer, in the form specified in Section 3.05; (ii) Turnbow shall deliver the General Warranty Deed, substantially in the form as attached hereto as Exhibit "C", subject only to the Permitted Exceptions, if any, duly executed by Turnbow and acknowledged; (iii) Seller shall deliver the Roadway Easement, substantially in the form as attached as Exhibit "D", subject only to the Permitted Exceptions, if any, duly executed by Seller, and acknowledged; (iv) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. (b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: (i) The sum required by Section 2.01, less the Earnest Money and interest earned thereon, payable jointly to Seller, in the form of personal, certified or cashier's check or other readily available funds; (ii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract, the provisions of this Section 7.03 shall survive the Closing. The following item shall be adjusted or prorated between Seller, Turnbow and Buyer with respect to the Land: (a) Ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur shall be prorated between Seller and Buyer as of the Closing Date. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration shall be based on the amount of taxes due and payable with Contract of Sale Page 8 of 23 respect to the Property for the preceding calendar year. 7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing. 7.05 Costs of Closing. Each party is responsible for paying the legal fees of its counsel, in negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is responsible for paying fees, costs and expenses identified herein as being the responsibility of Seller. Buyer is responsible for paying fees, costs, and expenses identified herein as being the responsibility of Buyer. If the responsibility for such costs or expenses associated with closing the transaction contemplated by this Contract are not identified herein, such costs or expenses shall be borne by the parties as same are normally assessed by the Title Company in a transaction of this character. ARTICLE VIII DEFAULTS AND REMEDIES 8.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of the following events: (i) Any of Seller's or Turnbow's warranties or representations contained in this Contract are untrue on the Closing Date; or (ii) Seller or Turnbow fail to meet, comply with or perform any covenant, agreement, condition precedent or obligation on Seller's or Turnbow's part required within the time limits and in the manner required in this Contract. (b) Buyer's remedies. If Seller is in default under this Contract, Buyer may, at Buyer's sole option, do any one or more of the following: (i) Terminate this Contract by written notice delivered to Seller in which event the Buyer shall be entitled to a return of the Earnest Money; (ii) Enforce specific performance of this Contract against Seller, requiring Seller to convey the Property to Buyer subject to no liens, encumbrances, exceptions, and conditions other than those shown on the Title Commitment; and (iii) Seek any other recourse or relief that may be available to Buyer by contract, law or equity, including bringing a suit for damages. It is expressly agreed and understood that the exercise of any right or remedy by Buyer shall not preclude the concurrent or subsequent Contract of Sale Page 9 of 23 exercise of any other right or remedy and all rights and remedies shall be cumulative. (c) Return of Earnest Money Deposit. On the occurrence of any event deemed by Buyer to be a default by Seller under this Contract, in addition to the exercise of rights and remedies set forth in Section 8.01, the Earnest Money, together with the interest thereon, shall be immediately returned to the Buyer by the Title Company. Seller shall, promptly on written request from Buyer, execute and deliver any documents necessary to cause the Title Company to return to Buyer the Earnest Money. 8.02 Buyer's Default, Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at Closing, the items specified in Section 7.02(b) of this Contract for any reason other than a default by Seller under this Contract or termination of this Contract pursuant to the terms hereof prior to Closing. (b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and exclusive remedy for the default may terminate this Contract and, following the expiration of five (5) calendar days after Buyer is in receipt of written notice of the default, receive the Earnest Money from the Title Company as liquidated damages. ARTICLE IX MISCELLANEOUS 9.01 Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, and shall be deemed to be delivered, upon the earlier to occur of (a) actual receipt, and (b) the deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: SELLER: BUYER: Royce B. & Betty Turnbow and Hunter Blanchard and Karen Blanchard c/o Royce B. and Beth Turnbow ,11/ �eoVC /d*' Nstf• qe fy -7f 7 Telecopy:x 4S b b" Contract of Sale Page 10 of 23 Dave Booher, Right -of -Way Agent City of Lubbock P. O. Box 2000 Lubbock, Texas 79457 (806) 775-2352 Telecopy: (806) 775-3074 Copies to: For Seller: Telecopy: For Buyer: Richard K. Casner First Assistant City Attorney P. O. Box 2000 Lubbock, TX 79457 (806) 775-2221 Telecopy: (806) 775-3307 9.02 Governing Law and Venue. This Contract is being executed and delivered and is intended to be performed in the State of Texas, the laws of Texas governing the validity, 'construction, enforcement and interpretation of this Contract. THIS CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN LUBBOCK COUNTY, TEXAS. 9.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed by the party against whom enforcement is sought. 9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective successors and assigns. 9.05 Risk of Loss. If any condemnation or any eminent domain proceedings are threatened or initiated that might result in the taking of any portion of the Property, Buyer may, at Buyer's option, do any of the following: (a) Terminate this Contract and withdraw from this transaction without cost, obligation or liability, in which case the Earnest Money shall be immediately returned to Buyer; or (b) Consummate this Contract, in which case Buyer, with respect to the Property, shall be entitled to receive any proceeds paid for the Property. If Buyer makes this election, the Closing shall be held on the tenth (10) calendar day after election is made to close and receive the proceeds. Buyer shall have a period of ten (10) days after receipt of written notification from Seller on the final settlement of all condemnation proceedings in which to make Buyer's election. 9.06 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed and/or delivered by Seller, Turnbow and Contract of Sale Page 11 of 23 Buyer, Seller, Turnbow and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed and/or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consummate the transactions contemplated hereby. 9.07 Time is of the Essence. It is expressly agreed between Buyer, and Seller, individually and collectively, that time is of the essence with respect to this Contract. 9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of, this Contract for all purposes. 9.09 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this Contract are hereby delegated by Buyer to the City Manager of Buyer, or her designee. 9.10 Expiration of Offer. The execution of this Contract by Seller constitutes an offer to sell the Property. Unless by 5:00 p.m., on November 21 , 2008, this Contract is accepted by Buyer, the offer of this Contract shall be automatically revoked and terminated. SELLER: Royd B. Turnbow t aren Blanchard Executed by Seller on the 14th day of October 2008. Contract of Sale Page 12 of 23 -wlBy: e J/yr''�/`� TOM MARTIN, MAYOR Executed by Buyer on the 23rd day of October 2008. ATTEST: Rebe t.a Garza, City SecretaryC� APPROVED AS TO CONTENT: Dave Booher, Right -of -Way Agent JarY l" od, Assistant City Manager/Chief Information Officer APPROVED AS TO FORM: Richard Casner, First Assistant City Attorney Contract of Sale Page 13 of 23 Resolution No. 2008 RO404 EXHIBIT "A" To Contract of Sale A 10.437 acre tract of land in Section 42, Block AK, E.L. & R.R. Railroad Company Survey, Lubbock County, Texas being a portion of that 17.80 acre tract described in Volume 8825, Page 153 of the Official Public Records of Lubbock County, Texas and further described as follows: BEGINNING at a 1/2" iron rod with cap set for the Northeast corner of this tract at the Northeast corner of said 17.80 acre tract from whence the Southwest corner of said Section 42 is called by Deed to bear S 89055'15" W a distance of 1462.56 feet, S 0°03'43" W a distance of 1282.53 feet and S 0°03'10" W a distance of 858.40 feet and from whence a found 1 1/4" iron pipe bears N 0°03'41" E a distance of 504.39 feet; THENCE S 0002'57" W a distance of 784.62 feet to a 1/2" iron rod with cap found at the Southeast corner of said 17.80 acre tract for the Southeast corner of this tract; THENCE S 89054'13" W a distance of 478.85 feet to a 1/2" iron rod with cap set at a Southwest corner of said 17.80 acre tract for a Southwest corner of this tract; THENCE N 0003'48" E a distance of 392.65 feet to a 1/2" iron rod with cap found at an ell corner of said 17.80 acre tract for an ell corner of this tract; THENCE S 88015'46" W, along a South line of said 17.80 acre tract, a distance of 200.00 feet to a 1/2" iron rod with cap set for a Southwest corner of this tract; THENCE N 0°03'41" E a distance of 397.90 feet to a 1/2" iron rod with cap set in the North line of said 17.80 acre tract for the Northwest corner of this tract; THENCE N 89055'15" E, along said North line, a distance of 678.57 feet to the PLACE OF BEGINNING. Contract of Sale Page 14 of 23 Resolution No. 2008-RO404 EXHIBIT "B" To Contract of Sale A Twenty Foot Wide tract of land in Section 42, Block AK, E.L. & R.R. Railroad Company Survey, Lubbock County, Texas being a portion of that 17.80 acre tract described in Volume 8825, Page 153 of the Official Public Records of Lubbock County, Texas and further described as follows: BEGINNING at a railroad spike found in the centerline of Alcove Avenue for the Southwest corner of this Easement at a Southwest corner of said 17.80 acre tract from whence the Southwest corner of said Section 42 is called by Deed to bear S 0°03'43" W a distance of 862.14 feet and S 0°03'10" W a distance of 858.40 feet; THENCE N 0002'25" E, along the West line of said 17.80 acre tract, a distance of 20.00 feet to the Northwest corner of this Easement from whence a railroad spike found at the Northwest corner of said 17.80 acre tract bears N 0002'25" E a distance of 400.59 feet; THENCE N 88015'46" E a distance of 784.12 feet to a point in a West line of 10.437 acre tract for the Northeast corner of this Easement; THENCE S 0003'41" W, along said West line, a distance of 20.00 feet to a 1/2" iron rod with cap set at a Southwest corner of said 10.437 acre tract for the Southeast corner of this tract; THENCE S 88015'46" W, along a South line of said 17.80 acre tract, a distance of 784.11 feet to the PLACE OF BEGINNING. Contract of Sale Page 15 of 23 Resolution. No. 2008-RO404 EXHIBIT "C" GENERAL WARRANTY DEED STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS That Royce B. Turnbow and Betty Turnbow (herein collectively called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY OF LUBBOCK, a Texas 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 (the "Property"). This conveyance is subject to the following: [Insert Permitted Exceptions, if any] 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. Contract of Sale Page 16 of 23 EXECUTED the day of , 2008. Royce B. Turnbow Betty Turnbow THE STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on , 2008 by Royce B. Turnbow. Notary Public, State of Texas My commission expires: THE STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on 2008 by Betty Turnbow. Notary Public, State of Texas My commission expires: Contract of Sale Page 17 of 23 EXHIBIT "A" To General Warranty Deed A 10.437 acre tract of land in Section 42, Block AK, E.L. & R.R. Railroad Company Survey, Lubbock County, Texas being a portion of that 17.80 acre tract described in Volume 8825, Page 153 of the Oficial Public Records of Lubbock County, Texas and further described as follows: BEGINNING at a 1/2" iron rod with cap set for the Northeast corner of this tract at the Northeast corner of said 17.80 acre tract from whence the Southwest corner of said Section 42 is called by Deed to bear S 89°55'15" W a distance of 1462.56 feet, S 0°03'43" W a distance of 1282.53 feet and S 0'03'10" W a distance of 858.40 feet and from whence a found 1 1/4" iron pipe bears N 0°03'41" E a distance of 504.39 feet; THENCE S 0002'57" W a distance of 784.62 feet to a 1/2" iron rod with cap found at the Southeast corner of said 17.80 acre tract for the Southeast corner of this tract; THENCE S 89054'13" W a distance of 478.85 feet to a 1/2" iron rod with cap set at a Southwest corner of said 17.80 acre tract for a Southwest corner of this tract; THENCE N 0003'48" E a distance of 392.65 feet to a 1/2" iron rod with cap found at an ell corner of said 17.80 acre tract for an ell corner of this tract; THENCE S 88015'46" W, along a South line of said 17.80 acre tract, a distance of 200.00 feet to a 1/2" iron rod with cap set for a Southwest corner of this tract; THENCE N 0003'41 " E a distance of 397.90 feet to a 1/2" iron rod with cap set in the North line of said 17.80 acre tract for the Northwest corner of this tract; THENCE N 89055'15" E, along said North line, a distance of 678.57 feet to the PLACE OF BEGINNING. Contract of Sale Page 18 of 23 Resolution No. 2008-RO404 Exhibit "D" to Contract of Sale ROADWAY EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT Royce B. Turnbow and Betty Turnbow and Hunter Blanchard and Karen Blanchard (hereinafter collectively called "Grantor"), for and in and consideration of the sum Ten and NO/100 Dollars ($10.00) paid to Grantor cash in hand by the City of Lubbock, A Home Rule Municipal Corporation of Lubbock County, Texas (hereinafter "Grantee"), and for the further consideration of the mutual promises, covenants and agreements made herein, the receipt and sufficiency of all of such consideration being hereby acknowledged and confessed as sufficient by Grantor and Grantee, has by these presents GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEY unto Grantee, its legal representatives, successors and assigns, for use of as a roadway easement and including the free and uninterrupted use, liberty of passage in, along, over, upon and across, all that property lying and being situated in the County of Lubbock, State of Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto, and by such attachment made a part of this instrument for all purposes, together with the rights of ingress, egress and regress at any and all times, and to accomplish the following purposes: allowing but not limited to, construction, reconstruction, erection, repair, inspection, patrolling and maintaining such roadway easement. Contract of Sale Page 19 of 23 Grantor shall not place any structures or improvements of any kind or type within said easement area as will interfere with Grantee's full use thereof in accordance with the purpose of this grant. This easement includes the right to subsequently add or replace any facility, improvement or accessory necessary to the operation of the primary purpose of the easement, including its relocation at any time within the easement area, and shall further include the right at any time to remove all timber, trees, brush, trash, filth, or any other obstructions in whole or in part within the easement area which might endanger or interfere with the Grantee's full enjoyment of the rights granted herein. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging perpetually unto Grantee, its successors and assigns, to the uses hereinabove stated forever; and Grantor does hereby bind themselves, their heirs, successors and assignors to WARRANT AND FOREVER DEFEND all and singular the said premises, unto Grantee, its successors and assigns forever, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This instrument is executed this day of , 2008. Royce B. Turnbow Betty Turnbow Contract of Sale Page 20 of 23 Hunter Blanchard Karen Blanchard THE STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on , 2008 by Royce B. Turnbow. Notary Public, State of Texas My commission expires: THE STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on , 2008 by Betty Turnbow. Notary Public, State of Texas My commission expires: Contract of Sale Page 21 of 23 THE STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on , 2008 by Hunter Blanchard. Notary Public, State of Texas My commission expires: THE STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on , 2008 by Karen Blanchard. Notary Public, State of Texas My commission expires: Contract of Sale Page 22 of 23 EXHIBIT "A" to the ROADWAY EASEMENT A Twenty Foot Wide tract of land in Section 42, Block AK, E.L. & R.R. Railroad Company Survey, Lubbock County, Texas being a portion of that 17.80 acre tract described in Volume 8825, Page 153 of the Official Public Records of Lubbock County, Texas and further described as follows: BEGINNING at a railroad spike found in the centerline of Alcove Avenue for the Southwest comer of this Easement at a Southwest corner of said 17.80 acre tract from whence the Southwest corner of said Section 42 is called by Deed to bear S 0°03'43" W a distance of 862.14 feet and S 0°03'10" W a distance of 858.40 feet; THENCE N 0002'25" E, along the West line of said 17.80 acre tract, a distance of 20.00 feet to the Northwest corner of this Easement from whence a railroad spike found at the Northwest corner of said 17.80 acre tract bears N 0002'25" E a distance of 400.59 feet; THENCE N 88015'46" E a distance of 784.12 feet to a point in a West line of 10.437 acre tract for the Northeast corner of this Easement; THENCE S 0°03'41" W, along said West line, a distance of 20.00 feet to a 1/2" iron rod with cap set at a Southwest corner of said 10.437 acre tract for the Southeast comer of this tract; THENCE S 88015'46" W, along a South line of said 17.80 acre tract, a distance of 784.11 feet to the PLACE OF BEGINNING. Richard/ContractofSale-Turnbow & Blanchard 062408TINAL Contract of Sale Page 23 of 23