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HomeMy WebLinkAboutResolution - 4326 - Option Contract & Memo Of Option - Anderson Farm - 640 Acres - 11/18/1993Resolution No. 4326 November 18, 1993 Item 415 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 Option Contract and Memorandum of Option for the Anderson Farm, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: in Betty UM. Johnson, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: H-&r6ld Willard,' Assistant tity Attorney HW:da/AGENDA-D1/C-ANDRSN.res rev. November 4. 1993 . 1 r: t Resolution No. November 18, 1993 Item 415 THE STATE OF TEXAS § AN OPTION CONTRACT COUNTY OF LUBBOCK § This Agreement is made and entered into and executed as of this 18th day of November , 1993, by and between the CITY OF LUBBOCK, TEXAS, hereinafter referred to as "BUYER," and EDMOND A. ANDERSON and his wife, HELEN L. ANDERSON, both of Lubbock County, Texas; HENRY LOUIS ANDERSON, of Colorado County, Texas; ERIC V. ANDERSON and his wife, FRIEDA ANDERSON, both of Williamson County, Texas; L. WILMER ANDERSON and his wife, MARGARET ANDERSON, both of Harris County, Texas; LESTER ALEXANDER ANDERSON II, of Nueces County, Texas, and LOUIS CARL ANDERSON, of Kleberg County, Texas; MARY ELIZABETH ANDERSON DURANT, of Harris County, Texas; and BESSIE LOUISE ANDERSON TAVASKA, of Harris County, Texas, collectively hereinafter referred to as "SELLERS" (Anderson Farm). WITNESSETH: WHEREAS, SELLERS own certain real property situated in Lubbock County, Texas, and hereinafter described; and WHEREAS, BUYER desires to obtain from SELLERS an option to purchase such real property; NOW THEREFORE: For and in consideration of the payment of the sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) by BUYER to SELLERS, the receipt whereof is hereby acknowledged, the parties agree as follows: 1. GRANT OF OPTION SELLERS irrevocably grant to BUYER the exclusive option to purchase, at BUYER'S option, the real property owned by SELLERS and described as follows: All of Section 1, Block P, Abstract No. 617, GC & SF Ry. Co. Survey, Lubbock County, Texas, containing approximately 640 acres more or less. TERM AND EXTENDED TERM OF OPTION This option shall continue in effect until noon on the 365th day following the date of execution of this Agreement and may be exercised in accordance herewith at any time on or before its expiration; provided, however, that this option may be extended for an additional one (1) year term and expire at noon on the 730th day following the date of execution of this Agreement if BUYER, before the end of the first year option period, pays to SELLERS, in addition to the FORTY- EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) paid on the execution hereof, the further sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) as additional option payment; and this option may be further extended for an additional one (1) year term and expire at noon on the 1095th day following the date of execution of this Agreement if BUYER, before the end of the second year option period, pays to SELLERS, in addition to the NINETY-SIX THOUSAND AND NO/100 DOLLARS ($96,000.00) previously paid, the further sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) as additional option payment; and this option may be further extended for an additional one (1) year term and expire at noon on the 1460th day following the date of execution of this Agreement if BUYER, before the end of the third year option period, pays to SELLERS, in addition to the ONE HUNDRED FORTY-FOUR AN OPTION CONTRACT -- ANDERSON - Page 2 THOUSAND AND NO/100 DOLLARS ($144,000.00) previously paid, the further sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) as additional option payment. FAILURE TO EXERCISE OPTION If, prior to noon on the 365th day following the date of execution of this Agreement, BUYER does not pay the additional option payment of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) described herein and necessary to extend the option period to 730 days, the SELLERS shall retain the sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) paid on the date of execution hereof as the consideration for this exclusive option. IF the BUYER pays the additional option payment of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) described herein and necessary to extend the option period to 730 days, but does not exercise this option prior to noon on the 730th day from the date of execution of this Agreement, the SELLERS shall retain the option money and the additional option money, a total of NINETY-SIX THOUSAND AND NO/100 DOLLARS ($96,000.00) as the consideration for this option being in effect until noon on the 730th day following the date of execution hereof. If the BUYER pays the additional option payment of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) described herein and necessary to extend the option period to 1095 days, but does not exercise this option prior to noon on the 1095th day from the date of execution of this Agreement, the SELLERS shall retain the option money and the additional option money, a total of ONE HUNDRED FORTY-FOUR THOUSAND AND NO/100 DOLLARS ($144,000.00) as the consideration for this option being in effect until noon on the 1095th day AN OPTION CONTRACT -- ANDERSON - Page 3 following the date of execution hereof. If the BUYER pays the additional option payment of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) described herein and necessary to extend the option period to 1460 days, but does not exercise this option prior to noon on the 1460th day from the date of execution of this Agreement, the SELLERS shall retain the option money and the additional option money, a total of ONE HUNDRED NINETY-TWO THOUSAND AND NO/100 DOLLARS ($192,000.00) as the consideration for this option being in effect until noon on the 1460th day following the date of execution hereof. MR EXERCISE OF OPTION This option may be exercised at any time during the aforesaid periods by written notice to SELLERS delivered in person or by certified mail, return receipt requested. V. PURCHASE PRICE In the event BUYER elects to exercise this option and purchase the property herein described, the purchase price shall be ONE THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($1,300.00) per acre payable as follows: (a) The sum or sums paid for this option shall be credited against the purchase price; and (b) The balance of the purchase price shall be paid at closing, in cash. AN OPTION CONTRACT -- ANDERSON - Page 4 VI. CLOSING DATE Unless otherwise agreed, the purchase of the property herein described shall be closed by SELLERS and BUYER within ninety (90) days after receipt of written notice of the exercise of this option. VII. DEED AND TITLE INSURANCE A. If the BUYER exercises this option, the SELLERS shall convey title to the real property to the BUYER or the BUYER's nominee or assignee by good and sufficient General Warranty Deed warranting such title to be free and clear of all liens, charges and encumbrances, clouds and defects whatsoever, except for mineral reservations (if any) made in favor of SELLERS' predecessors in title, and easements of record in Lubbock County, Texas. B. BUYER shall obtain, at its own election and expense, an Owner's Policy of Title Insurance issued by Service Title Company of Lubbock, Texas, and tax certificates showing no delinquent taxes. (If closing occurs between January 1 and April 1, BUYER will pay all taxes due for the year in which the property is purchased. If closing occurs after April 1, the taxes payable for the year in which closing occurs shall be prorated between SELLERS and BUYER to the date of closing in the event BUYER exercises this option to purchase the property.) Said Owner's Policy and Title Insurance shall be obtained prior to when the sale is closed. Said closing date may be extended if attorneys for the title company discover objections to the title, in which case the sale shall be closed when such objections are removed, provided the objections are removed within a reasonable AN OPTION CONTRACT -- ANDERSON - Page 5 time, which in no event shall extend beyond thirty (30) days from the original closing date. Closing shall be in Lubbock, Texas, at Service Title Company. VIII. POSSESSION SELLERS shall deliver possession of the property herein described to BUYER as of the date of closing, or on completion of harvest, if harvest occurs after closing, subject to the provisions contained in paragraph XI of this Agreement. IX. MINERALS The conveyance herein contemplated shall include the oil, gas and other minerals owned by SELLERS and which are in, on, under or produced from such land. 0 IMPROVEMENTS SELLERS shall have the right to remove any and all personal property, including but not limited to, pumps, water pipe, equipment and the like from the property herein described, which removal shall occur on or before closing. Anything normally characterized as part of the real estate, such as barns, houses and structures shall not be removed by SELLERS, but shall be and remain with the land and become the property of BUYER at closing. The residential structure located on the property is not owned by SELLERS, but SELLERS herein recognize and acknowledge the City's right to negotiate with such structure's owner for its acquisition and/or removal. BUYER will be responsible for any costs or expenses associated with the acquisition and/or removal of the residence. AN OPTION CONTRACT -- ANDERSON - Page 6 XI. CROPS Should closing occur after January 1 but on or before April 1 of any year this Agreement is in effect, then and in that event, full possession of the property shall be delivered to BUYER and BUYER shall assume all rights of SELLERS in and to any existing crops and government payments that have accrued. However, notwithstanding anything to the contrary herein contained, should closing occur after April 1 but on or before January 1 of any year this Agreement is in effect, then and in that event the SELLERS shall retain all of their interests in and to the said corps for such period. In the event SELLERS have retained their interests in such crops and BUYER requires delivery of all or part of the property herein described prior to the time all such crops are harvested, then and in that event, BUYER shall give to SELLERS ten (10) days written notice that early possession is necessary and describe with particularity the acreage required. If it becomes necessary to destroy some of the crops, then and in that event, BUYER shall pay SELLERS and their tenants (if any) jointly a sum of money for such loss of crops based upon the amount of crops harvested on the balance of the tract and the average prices per pound received by SELLERS for such balance of the crops harvested. If it becomes necessary to destroy all of the crops, then and in that event, BUYER shall pay SELLERS and SELLERS' tenants (if any) jointly a sum of money for such loss of crops based upon production averages for the previous five (5) years at cotton and grain prices in effect at the time of possession. Such payment shall be made by BUYER not later than thirty (30) days following delivery by SELLERS to BUYER of verifiable crop production and pricing information and a demand for payment. AN OPTION CONTRACT -- ANDERSON - Page 7 Under no circumstances shall SELLERS or SELLERS' tenants (if any) have any rights to the real property herein described or the crops thereon after January 1 of the year following the year in which this option is exercised. SELLERS shall immediately notify their tenants (if any) of the execution of this Agreement and the effect on their rights as tenants in and to the property. U.S. Department of Agriculture A.S.C.S. deficiency payments for the year preceding the year in which the property is purchased will belong to SELLERS. XII. SURVEY In the event, and only in the event, it becomes necessary that a survey be made of the property which BUYER has the option to purchase under this Agreement, BUYER shall pay all surveying costs and expenses incurred. SELLERS shall have no responsibility for the payment thereof. Such survey shall be performed by a surveyor licensed by the State of Texas, and shall contain written certification of the number of acres to be conveyed. If a survey is made, the total purchase price shall be determined by multiplying the number of acres certified by the purchase price per acre. XIII. ENVIRONMENTAL AND OTHER STUDIES In the event BUYER deems its necessary, it may, at its sole option and expense, order any environmental, ground water (geotechnical), historical, cultural or archaeological assessment studies of the property. Such studies might include the drilling of water monitor wells, soil core sampling, picture taking, record researching and surface examination. In the event BUYER does deem any of such AN OPTION CONTRACT -- ANDERSON - Page 8 studies necessary, SELLERS agree to permit BUYER and its agents ingress to and egress from the property. XIV. DEFAULT In the event SELLERS should fail or refuse to carry out and consummate this Agreement for any reason, then BUYER may enforce this Agreement by an action for specific performance or, at BUYER'S option, SELLERS shall refund to BUYER any sums hereunder paid by BUYER to SELLERS. It is agreed that if the title to the property herein described is unmarketable and cannot be rendered marketable by the exercise of due diligence within the period of time set out herein, and BUYER does not waive the obstacles to marketability, then this transaction shall be terminated and the funds deposited with SELLERS shall be returned to BUYER, together with interest at the rate in effect for U.S. Treasury bills on the date of termination. XV. BENEFIT This Agreement shall be binding upon and inure to the benefit of the BUYER and the SELLERS and their respective heirs, successors and assigns. Specifically, BUYER may assign all or any part of this Agreement. XVI. Attached to this Agreement and incorporated herein by reference is a list of SELLERS, their addresses, social security numbers, and percent of ownership in the property which may be purchased by BUYER under this Contract. Option AN OPTION CONTRACT -- ANDERSON - Page 9 F payments shall be paid by BUYER by U.S. mail to each SELLER listed in amounts equal to their percent of ownership of the property. IN WITNESS WHEREOF, the parties have hereto signed this Agreement as of the date first stated herein. EDMOND A. ANDERSON HENRV LOUIS ANDERSON &-k'-, /, Q4 ERIC V. ANDERSON L. WILMER ANDERSON 4LTER LE ANDER AN ER ON II ,1111,'/I_i•� .1 .r 1. AIM • SELLERS: HELEN L. ANDERSON / ...`..iMA I . ! _ RGARE5 ANDERSON - — &. �M jIL/�/� BESSIE LOUISE ANDERSON TAVASKA AN OPTION CONTRACT -- ANDERSON - Page 10 Qi IVEM ADDRESS: P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 ATTEST: Betty M. Jo nsdh, City Secretary APPROVED AS TO CONTENT: /0. 6 C', _ Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: arold Willard! Assistant City Attorney AN OPTION CONTRACT -- ANDERSON - Page 11 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared EDMOND A. ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 6*4tJ day of 19£c1 m 1993. a�asasaoao +` EDWARD WILSON 5= Nehry ►ublk, fleb of Tnaee tt� My Commission 6crMM 11.91.95 o. THE STATE OF TEXAS § COUNTY OF LUBBOCK § Notary Public, Lubbock County, TeRaS BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared HELEN L. ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of rOrc r— 0yz' , 1993. v>aeaoeo EDWARD WILSON WCY 1'j l Notary Public, Vo% e1 Tome. Notary Public Lubbock Count �I My Commiwbn Expires 11.91-15 y,exas A PP NPI nnoo AN OPTION CONTRACT -- ANDERSON - Page 12 THE STATE OF TEXAS S COUNTY OF COLORADO g BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared HENRY LOUIS ANDERSON, 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 therein expressed. ,,��// GIVEN UNDER MY HAND AND SEAL OF OFFICE thiso(�,4p day of 11/Gr/Z,013 €`2 , 1993. Notary Public, Colorado County, Texas `pqY 9V� MARK FRIEDRICH NOTARY PUBLIC, STATE OF TEXAS MY COMMISSION EXPIRES DECEMBER 16, 1995 AN OPTION CONTRACT -- ANDERSON - Page 13 THE STATE OF TEXAS § COUNTY OF WILLIAMSON S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared ERIC V. ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND 11% vEpt (3e4- 1993. AMOS PETERS, JR. �' *= COMMISSION EXPIRES ♦'•,„E++"� JANUARY 31,1997cmama-cmw THE STATE OF TEXAS COUNTY OF WILLIAMSON AND SEAL OF OFFICE this zz ^W day of Notary Public, Williamson 9ounty, Texas BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared FRIEDA ANDERSON, 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 therein expressed. ` !GIVEN UNDER MY HAND AND SEAL OF OFFICE this 92'0 day of %VOy a M 1B E)0, 1993. LAMOS PETERS, JR.�2 -;? ,, COMMISSION EXPIRES JANUARY 31,1997 Notary ublic, W liamson Cou ty, Texas AN OPTION CONTRACT -- ANDERSON - Page 14 s THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared L. WILMER ANDERSON, 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 therein expressed. 64IVEN U�JDER MY HAND AND SEAL OF OFFICE this� day of , 1993. THE STATE OF TEXAS § COUNTY OF HARRIS § 31 ", W W!Ar 4iiiifiiiiiiii1ill�� EVA / �.. y P u • • BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared MARGARET ANDERSON, 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 therein expressed. GIVEN U DER MY HAND AND SEAL OF OFFICE this day of 1993. N ry Public, rris C nty, exas AN OPTION CONTRACT -- ANDERSON - Page 15 THE STATE OF TEXAS S COUNTY OF NUECES S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared LESTER ALEXANDER ANDERSON II, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this —?o -/ day of 6 e,Q , 1993. LOURUEGER T Ka Public,Ntieceg Cbunty, Texas Exp. 2.18.96. THE STATE OF TEXAS S COUNTY OF KLEBERG S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared LOUIS CARL ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,2-•� day of ,%V,L,) Q, e e, 1993. Notary Public,'KlebEag County, Texas LOU KRUEGER TIPTON 1 r Exp. 2_18-96 "t+rE•o� ib+r' AN OPTION CONTRACT -- ANDERSON - Page 16 THE STATE OF TEXAS S COUNTY OF HARRIS S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared MARY ELIZABETH ANDERSON DURANT, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this –,�Z (I— day of -JVD Pr1� s �n� a , 1993. LANA L. 814 ►6Y C?I.'b w810N EXP{RES May 6, 1995 No ry Public, Harris County, Texas THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared BESSIE LOUISE ANDERSON TAVASKA, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this x `{ day of k)oy/---; , 146e:rte , 1993. la� e5r 9 '/'� Notary Public, Harris County, Texas 'M1'RA SANDRA A. VALDER MY COMMISSION EXPIRES May 24, 19W AN OPTION CONTRACT -- ANDERSON - Page 17 ANDERSON FARM SELLERS, ADDRESSES, SOCIAL SECURITY NUMBERS, & PERCENT OF OWNERSHIP 1. Edmond A. Anderson -Route 15, Box 580, Lubbock, Texas 79415 450-70-9980 20% 2. Henry Louis Anderson -P. 0. Box 158, Columbus, Texas 78934 298-20-2986 20% 3. Eric V. Anderson- Route 1, Box 137, Taylor, Texas 76574 463-60-4890 20% 4. L. Wilmer Anderson -2913 Amherst Houston, Texas 77005 454-03-6539 20% 5. Lester Alexander Anderson II- 9562 Waxwing Corpus Christi, TX. 78418 454-76-2711 05% 6. Mary Elizabeth Anderson Durant- 3723 Tree Manor Lane Kingwood, Texas 77345 454-76-2713 05% 7. Louis Carl Anderson- P. 0. Box 5005, Kingsville, Texas 78363 454-76-2712 05% 8. Bessie Louise Anderson Tavaska- 15835 Knoll Lake Drive, Houston, Tx. 77095 454-76-2709 05% 40 1 THE STATE OF TEXAS S COUNTY OF LUBBOCK S BEFORE ME, the undersigned authority, a Notary Public in and for said State, on this day personally appeared DAVID R. LANGSTON, 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 therein expressed, in his capacity as Mayor of the City of Lubbock, and as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 6(I-ery, bt- , 1993. BEATRICE CERVANTEZ Notary Public, State of Texas «� .•' Mr Commission Expires 10.17.96 HW:daA-D 10/C-ANDRS N.doc rev. October 7. 1993 Notary Public, Lubbock Qbunty, Texas AN OPTION CONTRACT -- ANDERSON - Page 18 STATE OF TEXAS COUNTY OF LUBBOCK Ea sucy r. -Q-14 42315 MEMORANDUM OF OPTION S Resolution No. November 18, 1993 Item #15 VOL 4413?w 40 This Memorandum of Option is executed concurrently with an Option Contract, and both this Memorandum and the Option Contract constitute an agreement between EDMOND A. ANDERSON, HELEN L. ANDERSON, HENRY LOUIS ANDERSON, ERIC V. ANDERSON, FRIEDA ANDERSON, L. WILMER ANDERSON, MARGARET ANDERSON, LESTER ALEXANDER ANDERSON II, LOUIS CARL ANDERSON, MARY ELIZABETH ANDERSON DURANT and BESSIE LOUISE ANDERSON TAVASKA, jointly referred to herein as Optionors, and the City of Lubbock, Texas, a home rule municipality, referred to herein as Optionee, concerning the following real property situated in Lubbock County, Texas: All of Section 1, Block P, Abstract No. 617, GC & SF Ry. Co. Survey, Lubbock County, Texas, together with all mineral interests owned by Optionors as of the date of this Memorandum. For valuable consideration described in the Option Contract, Optionors hereby grant to Optionee the exclusive right and option to buy the above described property at a price and under the terms and conditions expressed in the Option Contract. This option shall expire on the 1460th day following the date of execution of this Memorandum, and, unless exercised or extended prior to the above date of expiration, Optionee shall have no further interest in the property. Executed this &h day of County, Texas. OPTIONORS: EDMOND A. ANDERSON Nc-,v�_Yn6U2- VOL 4413 PAGE 41 1993, in Lubbock HELEN L. ANDERSON ERIC V. ANDERSON F IEDA ANDERSON m a,4-" L. ILMER ANDERSON MARGARETvANDER N LE TER ALEXANDER TkNDERSOPJ II LOUIS ANDER N n444�t� J'Xh4len MARY_/ELIZtNBETH ANDERSON DURAN BESSIE L UISE ANDER N TAVASKA MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 2 VOL 4413PAGE 42 OPTIONEE: ATTEST: & it, u c — — �� etty M. Johnson City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Harold Willard, Assistant City Attorney MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 3 VOL 4413PAGE 43 THE STATE OF TEXAS S COUNTY OF LUBBOCK S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared EDMOND A. ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 64A day of Df -c1„,, a vz- , 1993. masesaees EDWARD WILSON WCY SEA L✓ .JZ✓1 6LZ 6 Notary hrbtic, St to of Text Notary Public, Lubbock County, Tex a My CmniNMn 6wir" 11.21-tE �ot THE STATE OF TEXAS S COUNTY OF LUBBOCK S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared HELEN L. ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 0 fc 5- 1993. E(SEDWARD SEA WILSON WCY '`ry Public, Stoto of to...Notary PublicLubbmmission Expitw 11-21-9f MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 4 voL 4413PAGE 44 THE STATE OF TEXAS S COUNTY OF COLORADO S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared HENRY LOUIS ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this'%:O" day of 1993. SE L Z,L.,, � otary Public, Colorado County, Texas OCINMARKFRIEGRICH ° NOTARY PUBLIC, STATE OF TEXAS IIx MY CONMISSIO[d EXPIRES DECEMBER 16, 1995 MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 5 VOL 4412 FACE 45 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared ERIC V. ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this fPVAP.,0 day of /V!2Vf*1B EA- 1993. SEAL AMOS PETERS, JR. �r �c { •' COMMISSION EXPIRES J,�rE°p 7E*'•a JANUARY31,1997 Notary—Public, Williamson ou ty, Texas THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared FRIEDA ANDERSON, 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 therein expressed. JG�IVEN UNDER MY HAND AND SEAL OF OFFICE this .2•Z'`� day of 1AQyc"/y113eA- , 1993. SEAL �►�v�si+l I AMOS PETERS, JR. COMMISSION EXPIRES 'Ei�rE�`EE�4 JANUARY31,1997 Nota ublic, Williamson CoLkity, Texas MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 6 voL 4413PAcE 46 THE STATE OF TEXAS S COUNTY OF HARRIS S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared L. WILMER ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,2gTday of 1993. SEAL N ry Public,arri unty,Texas � THE STATE OF TEXAS S COUNTY OF HARRIS S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared MARGARET ANDERSON, 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 therein expressed. GIVEN ODER MY HAND AND SEAL OF OFFICE this day of 1993. - SEAL -- N y Public, arri§ ounty, Texas MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 7 VOL 4413?Acf 47 THE STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared LESTER ALEXANDER ANDERSON II, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this -=- Q,:44 day of :/) L P 1993. SEAL (_11 Exp. 2.18.96. LOU KRUEGER TIPTON of ry Publi , Nue s o n , Texas �;- THE STATE OF TEXAS § COUNTY OF KLEBERG § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared LOUIS CARL ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3 o-74,4 day of 1993. SEAL Notary Public, KI6'berg nty, Texas LOU KRUEGER TIPTON Exp. 2.18-96. r MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 8 oL�1v PA6f 48 THE STATE OF TEXAS S COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared MARY ELIZABETH ANDERSON DURANT, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ----F-- day of 1993. SEAL , LAz%A L. SMITH Vy CEXPkqy� : ;z*Z c'g otary Public, Harris County, Texas "`fi d 6, 1 J THE STATE OF TEXAS § COUNTY OF HARRIS S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared BESSIE LOUISE ANDERSON TAVASKA, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ��y�� day of "y'WdLP_ , 1993. i SEAL- x�lv. ��, �y�!�;"'�v Notary Public, Harris County, Texas `i,;lr ayi4;' c: SANDRA A. WILDER My COMMISSION EXPIRES May 24, 1996 MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 9 VOL 4413PAGE 49 THE STATE OF TEXAS S COUNTY OF LUBBOCK S BEFORE ME, the undersigned authority, a Notary Public in and for said State, on this day personally appeared DAVID R. LANGSTON, 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 therein expressed, in his capacity as Mayor of the City of Lubbock, and as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Tl4- day of ,ems 1993. KATRICE cErrAWR SE WnPdkIftdts otar�Pub�ric, ubbock unty, Texas w �tM 611bt Nif# H W:da/ID 10/MO-ANDRS.doc November 4, 1993 33 EEC 6 r : 36 STATE OF TEXAS COUNTY OF LUBSOCK I heretW certify that th',s instrument was FILED on the date z.nd at the time stamped hereon by me and was duhf RECCRDED+ntheValurnsaT Pagasfst mpedihoreon Records of Lubock County, bY M46 DEC 6 1993 4*41-w & '.. it 44.. „( COUNTY CLERK vv vv LUBBOCK COUNTY, TEXAS MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 10 Resolution No. y 3 2-6 November 18, 1993 Item 415 THE STATE OF TEXAS § COUNTY OF LUBBOCK § AN OPTION CONTRACT This Agreement is made and entered into and executed as of this 18th day of November , 1993, by and between the CITY OF LUBBOCK, TEXAS, hereinafter referred to as "BUYER," and EDMOND A. ANDERSON and his wife, HELEN L. ANDERSON, both of Lubbock County, Texas; HENRY LOUIS ANDERSON, of Colorado County, Texas; ERIC V. ANDERSON and his wife, FRIEDA ANDERSON, both of Williamson County, Texas; L. WILMER ANDERSON and his wife, MARGARET ANDERSON, both of Harris County, Texas; LESTER ALEXANDER ANDERSON Il, of Nueces County, Texas, and LOUIS CARL ANDERSON, of Kleberg County, Texas; MARY ELIZABETH ANDERSON DURANT, of Harris County, Texas; and BESSIE LOUISE ANDERSON TAVASKA, of Harris County, Texas, collectively hereinafter referred to as "SELLERS" (Anderson Farm). WITNESSETH: WHEREAS, SELLERS own certain real property situated in Lubbock County, Texas, and hereinafter described; and WHEREAS, BUYER desires to obtain from SELLERS an option to purchase such real property; NOW THEREFORE: For and in consideration of the payment of the sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) by BUYER to SELLERS, the receipt whereof is hereby acknowledged, the parties agree as follows: GRANT OF OPTION SELLERS irrevocably grant to BUYER the exclusive option to purchase, at BUYER'S option, the real property owned by SELLERS and described as follows: All of Section 1, Block P, Abstract No. 617, GC & SF Ry. Co. Survey, Lubbock County, Texas, containing approximately 640 acres more or less. TERM AND EXTENDED TERM OF OPTION This option shall continue in effect until noon on the 365th day following the date of execution of this Agreement and may be exercised in accordance herewith at any time on or before its expiration; provided, however, that this option may be extended for an additional one (1) year term and expire at noon on the 730th day following the date of execution of this Agreement if BUYER, before the end of the first year option period, pays to SELLERS, in addition to the FORTY- EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) paid on the execution hereof, the further sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) as additional option payment; and this option may be further extended for an additional one (1) year term and expire at noon on the 1095th day following the date of execution of this Agreement if BUYER, before the end of the second year option period, pays to SELLERS, in addition to the NINETY-SIX THOUSAND AND NO/100 DOLLARS ($96,000.00) previously paid, the further sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) as additional option payment; and this option may be further extended for an additional one (1) year term and expire at noon on the 1460th day following the date of execution of this Agreement if BUYER, before the end of the third year option period, pays to SELLERS, in addition to the ONE HUNDRED FORTY-FOUR AN OPTION CONTRACT -- ANDERSON - Page 2 THOUSAND AND NO/100 DOLLARS ($144,000.00) previously paid, the further sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) as additional option payment. FAILURE TO EXERCISE OPTION If, prior to noon on the 365th day following the date of execution of this Agreement, BUYER does not pay the additional option payment of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) described herein and necessary to extend the option period to 730 days, the SELLERS shall retain the sum of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) paid on the date of execution hereof as the consideration for this exclusive option. IF the BUYER pays the additional option payment of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) described herein and necessary to extend the option period to 730 days, but does not exercise this option prior to noon on the 730th day from the date of execution of this Agreement, the SELLERS shall retain the option money and the additional option money, a total of NINETY-SIX THOUSAND AND NO/100 DOLLARS ($96,000.00) as the consideration for this option being in effect until noon on the 730th day following the date of execution hereof. If the BUYER pays the additional option payment of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) described herein and necessary to extend the option period to 1095 days, but does not exercise this option prior to noon on the 1095th day from the date of execution of this Agreement, the SELLERS shall retain the option money and the additional option money, a total of ONE HUNDRED FORTY-FOUR THOUSAND AND NO/100 DOLLARS ($144,000.00) as the consideration for this option being in effect until noon on the 1095th day AN OPTION CONTRACT -- ANDERSON - Page 3 following the date of execution hereof. If the BUYER pays the additional option payment of FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($48,000.00) described herein and necessary to extend the option period to 1460 days, but does not exercise this option prior to noon on the 1460th day from the date of execution of this Agreement, the SELLERS shall retain the option money and the additional option money, a total of ONE HUNDRED NINETY-TWO THOUSAND AND NO/100 DOLLARS ($192,000.00) as the consideration for this option being in effect until noon on the 1460th day following the date of execution hereof. IV. EXERCISE OF OPTION This option may be exercised at any time during the aforesaid periods by written notice to SELLERS delivered in person or by certified mail, return receipt requested. V. PURCHASE PRICE In the event BUYER elects to exercise this option and purchase the property herein described, the purchase price shall be ONE THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($1,300.00) per acre payable as follows: (a) The sum or sums paid for this option shall be credited against the purchase price; and (b) The balance of the purchase price shall be paid at closing, in cash. AN OPTION CONTRACT -- ANDERSON - Page 4 VI. CLOSING DATE Unless otherwise agreed, the purchase of the property herein described shall be closed by SELLERS and BUYER within ninety (90) days after receipt of written notice of the exercise of this option. VII. DEED AND TITLE INSURANCE A. If the BUYER exercises this option, the SELLERS shall convey title to the real property to the BUYER or the BUYER's nominee or assignee by good and sufficient General Warranty Deed warranting such title to be free and clear of all liens, charges and encumbrances, clouds and defects whatsoever, except for mineral reservations (if any) made in favor of SELLERS' predecessors in title, and easements of record in Lubbock County, Texas. B. BUYER shall obtain, at its own election and expense, an Owner's Policy of Title Insurance issued by Service Title Company of Lubbock, Texas, and tax certificates showing no delinquent taxes. (If closing occurs between January 1 and April 1, BUYER will pay all taxes due for the year in which the property is purchased. If closing occurs after April 1, the taxes payable for the year in which closing occurs shall be prorated between SELLERS and BUYER to the date of closing in the event BUYER exercises this option to purchase the property.) Said Owner's Policy and Title Insurance shall be obtained prior to when the sale is closed. Said closing date may be extended if attorneys for the title company discover objections to the title, in which case the sale shall be closed when such objections are removed, provided the objections are removed within a reasonable AN OPTION CONTRACT -- ANDERSON - Page 5 time, which in no event shall extend beyond thirty (30) days from the original closing date. Closing shall be in Lubbock, Texas, at Service Title Company. VIII. POSSESSION SELLERS shall deliver possession of the property herein described to BUYER as of the date of closing, or on completion of harvest, if harvest occurs after closing, subject to the provisions contained in paragraph XI of this Agreement. IX. MINERALS The conveyance herein contemplated shall include the oil, gas and other minerals owned by SELLERS and which are in, on, under or produced from such land. X. IMPROVEMENTS SELLERS shall have the right to remove any and all personal property, including but not limited to, pumps, water pipe, equipment and the like from the property herein described, which removal shall occur on or before closing. Anything normally characterized as part of the real estate, such as barns, houses and structures shall not be removed by SELLERS, but shall be and remain with the land and become the property of BUYER at closing. The residential structure located on the property is not owned by SELLERS, but SELLERS herein recognize and acknowledge the City's right to negotiate with such structure's owner for its acquisition and/or removal. BUYER will be responsible for any costs or expenses associated with the acquisition and/or removal of the residence. AN OPTION CONTRACT -- ANDERSON - Page 6 XI. CROPS Should closing occur after January 1 but on or before April 1 of any year this Agreement is in effect, then and in that event, full possession of the property shall be delivered to BUYER and BUYER shall assume all rights of SELLERS in and to any existing crops and government payments that have accrued. However, notwithstanding anything to the contrary herein contained, should closing occur after April 1 but on or before January 1 of any year this Agreement is in effect, then and in that event the SELLERS shall retain all of their interests in and to the said corps for such period. In the event SELLERS have retained their interests in such crops and BUYER requires delivery of all or part of the property herein described prior to the time all such crops are harvested, then and in that event, BUYER shall give to SELLERS ten (10) days written notice that early possession is necessary and describe with particularity the acreage required. If it becomes necessary to destroy some of the crops, then and in that event, BUYER shall pay SELLERS and their tenants (if any) jointly a sum of money for such loss of crops based upon the amount of crops harvested on the balance of the tract and the average prices per pound received by SELLERS for such balance of the crops harvested. If it becomes necessary to destroy all of the crops, then and in that event, BUYER shall pay SELLERS and SELLERS' tenants (if any) jointly a sum of money for such loss of crops based upon production averages for the previous five (5) years at cotton and grain prices in effect at the time of possession. Such payment shall be made by BUYER not later than thirty (30) days following delivery by SELLERS to BUYER of verifiable crop production and pricing information and a demand for payment. AN OPTION CONTRACT -- ANDERSON - Page 7 Under no circumstances shall SELLERS or SELLERS' tenants (if any) have any rights to the real property herein described or the crops thereon after January 1 of the year following the year in which this option is exercised. SELLERS shall immediately notify their tenants (if any) of the execution of this Agreement and the effect on their rights as tenants in and to the property. U.S. Department of Agriculture A.S.C.S. deficiency payments for the year preceding the year in which the property is purchased will belong to SELLERS. M SURVEY In the event, and only in the event, it becomes necessary that a survey be made of the property which BUYER has the option to purchase under this Agreement, BUYER shall pay all surveying costs and expenses incurred. SELLERS shall have no responsibility for the payment thereof. Such survey shall be Performed by a surveyor licensed by the State of Texas, and shall contain written certification of the number of acres to be conveyed. If a survey is made, the total purchase price shall be determined by multiplying the number of acres certified by the purchase price per acre. M ENVIRONMENTAL AND OTHER STUDIES In the event BUYER deems its necessary, it may, at its sole option and expense, order any environmental, ground water (geotechnical), historical, cultural or archaeological assessment studies of the property. Such studies might include the drilling of water monitor wells, soil core sampling, picture taking, record researching and surface examination. In the event BUYER does deem any of such AN OPTION CONTRACT -- ANDERSON - Page 8 studies necessary, SELLERS agree to permit BUYER and its agents ingress to and egress from the property. XIV. DEFAULT In the event SELLERS should fail or refuse to carry out and consummate this Agreement for any reason, then BUYER may enforce this Agreement by an action for specific performance or, at BUYER'S option, SELLERS shall refund to BUYER any sums hereunder paid by BUYER to SELLERS. It is agreed that if the title to the property herein described is unmarketable and cannot be rendered marketable by the exercise of due diligence within the period of time set out herein, and BUYER does not waive the obstacles to marketability, then this transaction shall be terminated and the funds deposited with SELLERS shall be returned to BUYER, together with interest at the rate in effect for U.S. Treasury bills on the date of termination. XV. BENEFIT This Agreement shall be binding upon and inure to the benefit of the BUYER and the SELLERS and their respective heirs, successors and assigns. Specifically, BUYER may assign all or any part of this Agreement. XVI. Attached to this Agreement and incorporated herein by reference is a list of SELLERS, their addresses, social security numbers, and percent of ownership in the property which may be purchased by BUYER under this Contract. Option AN OPTION CONTRACT -- ANDERSON - Page 9 payments shall be paid by BUYER by U.S. mail to each SELLER listed in amounts equal to their percent of ownership of the property. IN WITNESS WHEREOF, the parties have hereto signed this Agreement as of the date first stated herein. SELLERS: EDMOND A. ANDERSON i Immin /• • ERIC V. ANDERSON L. ILMER ANDERSON =101411-0 SEA= HELEN L. ANDERSON ov� lxa�BESSIE L UISE ANDERSON TAVASKA AN OPTION CONTRACT -- ANDERSON - Page 10 ADDRESS: P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 ATTEST: Betty M. Johnson City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: arold Willard, Assistant ON Attorney AN OPTION CONTRACT -- ANDERSON - Page 11 THE STATE OF TEXAS S COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared EDMOND A. ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this - ) iCi -v -r3C4- , 1993. day of r. ar�eeooaoao EDWARD WILSON WCs Notary ►vislic, tNM of Tates ♦ 0i't�� My Commission fbtpirss 11.21-9f THE STATE OF TEXAS § COUNTY OF LUBBOCK § Notary Public, Lubbo ounty, Texas" BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared HELEN L. ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of U EC Jr t' , 1993. aoaoaoa�aeaoao �� Cv, f�.� %� •`'h"`� EDWARD WILSON WCY Notary Notary Public, Lubbock County, T s hbli4 fMts of • ►fit C. ���� My Comimission 121101res 11.21-93 AN OPTION CONTRACT -- ANDERSON - Page 12 THE STATE OF TEXAS S COUNTY OF COLORADO S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared HENRY LOUIS ANDERSON, 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 therein expressed. ,,��GIVEN UNDER MY HAND AND SEAL OF OFFICE this .v0 day of /t1C0(1QA7j9 F e , 1993. Notary Public, Colorado County, Texas AN OPTION CONTRACT -- ANDERSON - Page 13 MARK FRIEDRICH ot.riYot.4 NOTARY PUBLIC, STATE OF TEXAS MY COMMISSION EXPIRES DECEMBER 16, 1995 AN OPTION CONTRACT -- ANDERSON - Page 13 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared ERIC V. ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of //oye,* 6 EQ 1993. !/ AMOS PETERS, JR. I' COMMISSION EXPIRES JANUARY31,1997 Notar ublic,illiamson Cou ty, Texas THE STATE OF TEXAS § COUNTY OF WILLIAMSON S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared FRIEDA ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �^�O day of IVOO M €3 E k , 1993. AMOS7PETERS,JR. COMMISIJANUA997ES Notary Pu lic, Willia son County, Texas AN OPTION CONTRACT -- ANDERSON - Page 14 THE STATE OF TEXAS § COUNTY OF HARRIS S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared L. WILMER ANDERSON, 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 therein expressed. GIVEN HAND AND SEAL OF OFFICE this d�NDER_MYay of �2 1993. -, r N ry Public, rris unty, T as THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared MARGARET ANDERSON, 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 therein expressed. IVEN U lDER MY HAND AND SEAL OF OFFICE this oZS�� d 1993. y of 4a;ry Public, am County, exas AN OPTION CONTRACT -- ANDERSON - Page 15 THE STATE OF TEXAS § COUNTY OF NUECES S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared LESTER ALEXANDER ANDERSON II, 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 therein expressed. GIVEN UNDFR MY HAND AND SEAL OF OFFICE this 2o -/-.A day of 1993. .a k LOU KRUEGER TIPTON�Z— ` Exp, 2.1896 otary Public, Nu ces Co nty, Texas THE STATE OF TEXAS § COUNTY OF KLEBERG S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared LOUIS CARL ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2O' day of �j L)f^ h e le , 1993. 12 Notary Public, K berg Co nty, exas LOU KRUEGER TIPTON Exp. 2.18.96 AN OPTION CONTRACT -- ANDERSON - Page 16 THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared MARY ELIZABETH ANDERSON DURANT, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of �1993. LARM L. rel:7N My('D'-`::'•. `.''vl-,ES tary Public, Harris Count Y, Texas n THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared BESSIE LOUISE ANDERSON TAVASKA, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of V��� 1993. KotaLr�yPublic, Harris County, Texas SANDRA A. WILDER '= W COMOSSION EXPIRES May 24, 19% AN OPTION CONTRACT -- ANDERSON - Page 17 THE STATE OF TEXAS § COUNTY OF LUBBOCK S BEFORE ME, the undersigned authority, a Notary Public in and for said State, on this day personally appeared DAVID R. LANGSTON, 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 therein expressed, in his capacity as Mayor of the City of Lubbock, and as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of a , 1993. E(&BE7ATR�ICEANTEZof Tom 1417-" H W:daA-D 10/C-ANDRSN.doc rev. October 7, 1993 Cx- � Notary Public, Lubboc County, Texas AN OPTION CONTRACT -- ANDERSON - Page 18 ANDERSON FARM SELLERS, ADDRESSES, SOCIAL SECURITY NUMBERS, & PERCENT OF OWNERSHIP 1. Edmond A. Anderson -Route 15, Box 580, Lubbock, Texas 79415 450-70-9980 20% 2. Henry Louis Anderson -P. 0. Box 158, Columbus, Texas 78934 298-20-2986 20% 3. Eric V. Anderson- Route 1, Box 137, Taylor, Texas 76574 463-60-4890 20% 4. L. Wilmer Anderson -2913 Amherst Houston, Texas 77005 454-03-6539 20% 5. Lester Alexander Anderson II- 9562 Waxwing Corpus Christi, TX. 78418 454-76-2711 05% 6. Mary Elizabeth Anderson Durant- 3723 Tree Manor Lane Kingwood, Texas 77345 454-76-2713 05% 7. Louis Carl Anderson- P. 0. Box 5005, Kingsville, Texas 78363 454-76-2712 05% 8. Bessie Louise Anderson Tavaska- 15835 Knoll Lake Drive, Houston, Tx. 77095 454-76-2709 05% Resolution No. 4 3 L b November 18, 1993 Item #15 MEMORANDUM OF OPTION STATE OF TEXAS § COUNTY OF LUBBOCK § This Memorandum of Option is executed concurrently with an Option Contract, and both this Memorandum and the Option Contract constitute an agreement between EDMOND A. ANDERSON, HELEN L. ANDERSON, HENRY LOUIS ANDERSON, ERIC V. ANDERSON, FRIEDA ANDERSON, L. WILMER ANDERSON, MARGARET ANDERSON, LESTER ALEXANDER ANDERSON II, LOUIS CARL ANDERSON, MARY ELIZABETH ANDERSON DURANT and BESSIE LOUISE ANDERSON TAVASKA, jointly referred to herein as Optionors, and the City of Lubbock, Texas, a home rule municipality, referred to herein as Optionee, concerning the following real property situated in Lubbock County, Texas: All of Section 1, Block P, Abstract No. 617, GC & SF Ry. Co. Survey, Lubbock County, Texas, together with all mineral interests owned by Optionors as of the date of this Memorandum. For valuable consideration described in the Option Contract, Optionors hereby grant to Optionee the exclusive right and option to buy the above described property at a price and under the terms and conditions expressed in the Option Contract. This option shall expire on the 1460th day following the date of execution of this Memorandum, and, unless exercised or extended prior to the above date of expiration, Optionee shall have no further interest in the property. Executed this + h day of County, Texas. OPTIONORS: EDM{ OND A. ANDERSON ERIC V. ANDERSON De L:WILMER ANDERSON tiL LESTER AL XANDER ANDERS N II AJd V i M#3 LZ- , 1993, in Lubbock %M I%�h �lIQ C1"�1CArt�_ n�M , �,1( MAR I BETH ANDERSON UR "I _/ �_' Coe HELEN L. AN ERSON MARGA T ANDERSON l0-"-- LOUIS ARL ANDERSON ESSIE DISE ANDER ON QifA� TAVASKA MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 2 OPTIONEE: ATTEST: Betty '113h "!3CIII,City ecretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -W y Agent APPROVED AS TO FORM: HaroldWillard, Assistant C ty Attorney MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 3 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared EDMOND A. ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of D fc- EN1 ar. 2 , 1993. ff00N�O +` EDWARD WUM WCY Nehryrlia, ►vtate of ter ♦� � 1Ay feeuwlwiee bfrwee it•71-N THE STATE OF TEXAS § COUNTY OF LUBBOCK § Notary Public, ubbock County, Te as BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared HELEN L. ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this (Q + day of n F, car. ae- 2 , 1993. aoasfmaf�a�as�s � EDWARD WRSON KKT (.� c.� %�. `1 f Ne►ery ►vblk. `ZNN of ter Notary Public, Lubbock County, exas ger �tv My Cemmirien lxpk" 11.71-" t p,4 MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 4 THE STATE OF TEXAS § COUNTY OF COLORADO § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared HENRY LOUIS ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this . v day of , 1993. Notary Public, Colorado County, Texas MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 5 MARK FRIEDRICH 3 NOTARY PUBLIC, STATE OF TEXAS ia„ MY COMMISSION EXPIRES DECEMBER 16, 1995 MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 5 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared ERIC V. ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,2zNp day of 1660e#1,8EQ 1993. 'pNY Rte., AMOS PETERS, JR. COMMISSION EXPIRES �fl�y JANUARy31, X997 Notar Public, Williamsonunty, Texas THE STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared FRIEDA ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2'e'-1_0 day of /yod E)*Re4_ 1993. L---� AMOS PETERS, JR. COMMISSION EXPIRESJANUARY31,1997 Notar Publ' Williams n Count , Texas y MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 6 THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared L. WILMER ANDERSON, 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 therein expressed. IVEN UDER MY HAND AND SEAL OF OFFICE this day of �x 1993. /e �� C N ry Public, arris ounty, T xasJ THE STATE OF TEXAS § COUNTY OF HARRIS S BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared MARGARET ANDERSON, 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 therein expressed. �UDERY HAND AND SEAL OF OFFICE this AZ `may of 1993. No y Public, arris ounty, Texas MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 7 THE STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared LESTER ALEXANDER ANDERSON II, 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 therein expressed. GIVEN UN(�ER MY HAND AND SEAL OF OFFICE this �o day of / o L) e �,, }>e p 1993. RY 0 ` LOU KRUEGER TIPTON t• (!"' , Exp. 218.96 otar Publi ,.,.� Y c, Nu THE STATE OF TEXAS § COUNTY OF KLEBERG § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared LOUIS CARL ANDERSON, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this A day of dyc- t23 6 e Q , 1993. o ary Pub c, Kle erg ounty, Texas LOU K,RUEGER TIPTON Exp. 2.18.96 MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 8 THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared MARY ELIZABETH ANDERSON DURANT, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �_�day of `-'1ti91 A-" , 1993. e L a A L SMITH Ct 4z_01_ L,r=,,N;;o;, WIRMNtary Public, Harris County, Texas Wy 6, 1995 THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, a Notary Public for said County, Texas, on this day personally appeared BESSIE LOUISE ANDERSON TAVASKA, 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 therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of &7c— , 1993. Notary Public, Harris County, Texas SANDRA A. WILDER W COMMISSION EXPIRES May 24, 1996 MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 9 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said State, on this day personally appeared DAVID R. LANGSTON, 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 therein expressed, in his capacity as Mayor of the City of Lubbock, and as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1993. fiLLW31 Notary Public, Lubbock2pounty, Texas HW:da/ID10/MO-ANDRS.doc November 4, 1993 MEMORANDUM OF OPTION--EDMOND A. ANDERSON -- Page 10