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HomeMy WebLinkAboutResolution - 2002-R0235 - Amendment Of Contract Of Sale - Harold Garrett (Seller) - 06/26/2002Resolution No. 2002-RO235 June 26, 2002 Item No. 17 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 Harold Garrett, 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 May 9, 2002 as Resolution No. 2002-R0173, as rendered necessary by title review. Said Amendment to 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 c ATTEST: Rebecca Carza, City Secretary APPROVED AS TO CONTENT: Ed Bucy Right -of -Way Agent APPROVED AS TO FORM: Richard K. Casner Natural Resources Attorney RKC:ke L/ccdocs.HgarrettAmendContractSale.Reso June 6, 2002 Resolution No. 2002-R023_` June 26, 2002 Item No. 17 AMENDMENT OF CONTRACT OF SALE WHEREAS, on or about May 9, 2002, Harold Garrett, 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 Lot 6, Block 1, F. P. Day Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof, recorded in Volume 849, Page 94, Deed Records, Lubbock County, Texas (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, Harold Garrett, also known as H. K. Garrett, and Rebecca Jane Garrett, as seller, and the City of Lubbock, Texas, as buyer, now desire to enter into this Amendment of Contract of Sale to correct said defects, inconsistencies and/or discrepancies. NOW, THEREFORE, Harold Garrett, also known as H. K. Garrett, and Rebecca Jane Garrett, as Seller, and the City of Lubbock, Texas, as Buyer, agree to amend the Contract of Sale as follows: 1. The first paragraph of said Contract of Sale is deleted in its entirety and replaced with the following: This Contract of Sale (the "Contract") is made by and between Harold Garrett, also known as H. K. Garrett, and Rebecca Jane Garrett, referred to herein collectively as "Seller", and the City of Lubbock, Texas, a Home Rule Municipal Corporation of Lubbock County, Texas, (herein referred to as "Buyer"). 2. The second paragraph of the Contract of Sale (the first paragraph under the heading "Recitals") is deleted in its entirety and replaced with the following: WHEREAS, Seller owns that certain tract of land, being Lot Six (6), F. P. Day Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof, recorded in Volume 849, Page 94, Deed Records, Lubbock County, Texas and Corrected in Volume 862, Page 125, Deed Records, Lubbock County, Texas (the "Land"); and 3. Exhibit "A" to the Contract of Sale (i.e., the General Warranty Deed) is deleted in its entirety and replaced with Exhibit "A", attached hereto and made a part hereof for all purposes. Amendment to Contract of Sale -Garrett Page 2 of 6 4. The Contract of Sale, except as expressly amended hereby, shall remain in full force and effect as originally drafted. Executed this 26th day of June, 2002. SELLER: arold Garrett, also known as H. K. Garrett Rebecca Jane Gar*tt ATTEST: - �O'n "_'_ Rebecca Garza, City Secretary Amendment to Contract of Sale -Garrett Page 3 of 6 APPROVED AS TO CONTENT: 4 Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Richard K. Casner, Natural Resources Attorney Amendment to Contract of Sale -Garrett Page 4 of 6 Resolution No. 2002-Ro235 EXHIBIT "A" To Amendment of Contract of Sale GENERAL WARRANTY DEED STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS That HAROLD GARRETT, also known as H. K. GARRETT, and REBECCA JANE GARRETT (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 Home Rule Municipal Corporation of Lubbock County, Texas (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 as Lot 6, F. P. Day Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof, recorded in Volume 849,Page94, Deed Records, Lubbock County, Texas, and Corrected in Volume 862, Page 125, Deed Records, Lubbock County, Texas, together will 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 Amendment to Contract of Sale -Garrett Page 5 of 6 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. Harold Garrett, also known as H. K. Garrett Rebecca Jane Garrett THE STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on 2002 by Harold Garrett, also known as H. K. Garrett. Notary Public, State of Texas My commission expires: THE STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on � , 2002 by Rebecca Jane Garrett. Notary Public, State of Texas My commission expires: Ucityatt/Garrett.H.AmednContractof5ale May 30, 2002 Amendment to Contract of Sale -Garrett Page 6 of 6