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Home My WebLink AboutResolution - 2496 - Land Sale Contract - Kent R Clark - 9.032 Acres, Sec 11, Block B - 01/08/1987JWF: js RESOLUTION Resolution #2496 January 8, 1987 Agenda Item #15 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 Land Sale Contract to be entered into by and between the said City of Lubbock (as Pur- chaser) and Kent R. Clark and RepublicBank Lubbock as Trustee for the Carl Clark Trust (as Vendors) covering approximately 9.032 acres out of Section 11, Block B, Lubbock County, Texas, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Coun- cil shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this _3�— day of Jani,ary , 1987. B. C. McMINN, MAYOR ATTEST: Boyd, City Secretary APPROVED AS TO CONTENT: mml�: I - yl.,_11112", le�IYj Sam Wahl, Director'of Water Utilities APPROVED AS TO FORM: J.o th Fullingim, Assistant,." ty At �'o ney SALES CONTRACT THE STATE OF TEXAS § COUNTY OF LUBBOCK § Resolution #2496 KNOW ALL MEN BY THESE PRESENTS: This Contract entered into as of and being dated the 8th day of January, 1987, between Kent R. Clark, not joined herein by his wife by reason of the fact that the property herein concerned is his separate property and is not used or claimed as his homestead and RepublicBank Lubbock, N.A., Trustee of the Carl Clark Trust, acting through its undersigned officer hereunto duly authorized, hereinafter collectively called "Vendors" and the City of Lubbock, a Texas Home Rule Municipal Corporation of Lubbock County, Texas, acting through its Mayor hereunto duly authorized, hereinafter called "Purchaser," by which Vendors hereby sell and agree to sell and convey to Pur- chaser and Purchaser agrees to buy and pay to Vendors for (in the amount of money hereinafter set forth) the hereinafter de- scribed property lying and being situated in Lubbock County, Texas, on the following terms and conditions: WITNESSETH: I. The Purchaser has agreed, and does hereby agree, to take by conveyance from Vendors a certain tract of land situated in Lubbock County,Texas, described as follows: All that certain tract of land containing approximately 9.032 acres and described as follows: BEGINNING at a point which bears South 89156125" West a distance of 1727.80 feet and North 00003135" West a distance of 58.80 feet from the Southeast corner of Section 11, Block B, Lubbock County, Texas; THENCE N. 00000130" E. a distance of 380.00 feet to a point; THENCE N. 890591401' W. a distance of 1035.80 feet to a point; THENCE S. 00000120" W. a distance of 380.00 feet to a point; THENCE N. 89056125" E. a distance of 1035.80 feet to the POINT OF BEGINNING. In consideration for the conveyance of which, Purchaser agrees to deliver to Vendors contemporaneously with the deliv- ery of the Deed below described, in cash the sum of THIRTEEN THOUSAND FIVE HUNDRED FORTY-EIGHT AND N0/100 DOLLARS ($13,548.00). II. Vendors agree to furnish to Purchaser at Vendor's expense an owner's title policy in the amount of the purchase price to said property, which property shall be conveyed free and clear of any and all encumbrances, and said title policy shall con- tain no exceptions to defects in title other than the usual and customary exceptions contained in a standard Texas Title Policy Form. A boundary survey of the property is not re- quired. Taxes on the real estate herein concerned shall be pro- rated between Vendors and Purchaser to date of closing of this sale. IV. Purchaser agrees to consummate the sale on or before sixty (60) days from the date of this Contract first above- mentioned; provided however, if there are title defects, Ven- dors shall have thirty (30) days to correct such title defects after being notified of such defects. In the event of failure by Vendors to furnish good and merchantable title, Purchaser may declare this Contract null and void or Purchaser at its option may waive title defects and enforce specific perfor- mance of same; or Purchaser may enforce specific performance of same in event Vendors shall fail or refuse to consummate the sale. Vendors agree to deliver a good and sufficient General Warranty Deed properly conveying said property to said Pur- chaser, and Purchaser agrees, when said Deed is presented, to pay the cash payment herein provided for. V. Vendors agree to convey z of all their interest in the oil, gas and other minerals that they own in the property herein concerned. VI. This Agreement shall not become operative or effective until duly executed by both Purchaser and Vendors herein. It is agreed that this Contract shall be consummated at the of- fices of Service Title Company, Lubbock, Texas. - 2 - y EXECUTED in triplicate originals as of the 8th day of January, 1987. PURCHASER: VENDORS: CITY OF LUBBOCK B. C. MCMINN, MAYOR KENT R. CLARK r Rane a Boyd; City Secr ry AP -ROVED AS TO C NTENT: am Wahl, 'Director of Water Utilities APPROVED AS TO FORM: e J� J. W th Fullingim, Assi tant Cit Attorney t THE STATE OF TEXAS § COUNTY OF LUBBOCK § REPUBLICBANK LUBBOCK, N.A. TRUSTEE FOR THE CARL CLARK TRUST AMES R. GARRISON VICE PRESIDENT AND TRUST OFFICER BEFORE ME, the undersigned authority a Notary Public in and for said County, Texas, on this day personally appeared KENT R. CLARK, known to me to be the person whose name is sub- scribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. VEN U DER MY HAND AND SEAL OF OFFICE this day of fIr Notary Public, ubbock County, Texas - 3 - THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority a Notary Public in and for said County, Texas, on this day personally appeared JAMES R. GARRISON, Vice President and Trust Officer of Repub- licBank Lubbock, Trustee for the Carl Clark Trust, known to me to be the person whose name is subscribed to the foregoing in- strument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of the Carl Clark Trust.. "DEZMY HAND AND wSZ• L OF OFFICE this day of Notary Public Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority a Notary Public in and for said County, Texas, on this day personally appeared B. C. McMINN, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the pur- poses and consideration therein expressed. VL GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� day of 1987. Notary Public ' ub ic, Lub ock County, Texas I �3U/S-6 - 4 - WARRANTY DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS:. COUNTY OF LUBBOCK § jh GF#47574 THAT we, KENT R. CLARK; and REPUBLICBANK LUBBOCK, N.A., Trustee for the "Carl Clark Trust" created by the Last Will and Testament of Clyde Hazel Clark, Deceased, of the County of Lubbock , State of Texas , for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration, to us in hand paid by CITY OF LUBBOCK, a Texas Home Rule Municipal Corporation, the receipt of which is hereby acknowledged and confessed; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said. CITY OF LUBBOCK, a Texas Home Rule Municipal Corporation, whose address is of the County of Lubbock , State of Texas , all that certain lot, tract or parcel of land situated in Lubbock County, Texas, and described as follows: A tract of land out of SECTION 11, BLOCK B, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point which bears South 89056'25" West a distance of 17.27.80 feet and North 00°03'35" West a distance of 58.80 feet from the Southeast corner of Section 11, Block B, Lubbock County, Texas; THENCE N. 00000'30" E. a distance of 380.00 feet to a point; THENCE N. 89°59'40" W. a distance of 1035.80 feet to a point; THENCE S. 00°00'20" W. a distance of 380.00 feet to a point; THENCE N. 89056'25" E. a distance of 1035.80 feet to the POINT OF BEGINNING. THERE IS EXCEPTED HEREFROM 1/2 of the oil, gas and other minerals heretofore reserved by predecessors in title as set out in instrument of record in Volume 360, Page 247 of the Deed Records of Lubbock County, Texas. SUBJECT TO easements as shown of record in Volume 571, Page 501, Volume 1154, Page 552 and Volume 1493, Page 581 of the Deed Records of Lubbock County, Texas. SUBJECT TO the rights of the public to use any portion of the property lying within the bounds of any roadway. SUBJECT TO rights and claims of tenants and parties in possession. TO HAVE AND TO HOLD the above-described premises, together with all and singgular, the rights and appurtenances thereto in anywise belonging unto the said CITY OF LUBBOCK, a Texas Home Rule Municipal Corporation, its successors and assigns forever; and the undexsign�d do hereb bin themselves, the'r )DLXXXXXXXXXXXXXXXXXXXXXXXXXX xf+��3�xXXXXXXXXXXXXXXXXsuccessors, assigns, heirs, executors and administrators, to Warrant and Forever Defend. all and singular the said premises unto the said CITY OF LUBBOCK, a Texas Home Rule Municipal Corporation, its successors KIK and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof. __ _WITNESS our hands at Lubbock, Texas, _ _ this 13th day o 19 87 .f January , REPUBLICBANK LUBBOCK, N.A. B Vice -President KENT R. CLARK Trustee for the "Carl Clark Trust" created by the Last Will and Testament of Clyde Hazel Clark, Decease THE STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on the day of January 19.87 , by KENT R. CLARK Notary Public, State of Texas My Commission Expires: :saJTdxq uotssTmmc)a AN sexay 3o aquiS 'otTgna AjugoN pa:ju:js uZaaaip K:lTpvduo alll UT $ui -qop uzauxodzoo plus 'uoziuxodaoo paps 30 3Tuuaq uo 'paspaoaQ IAJVTD TazuH apKTO 3o quamulsay pup TTTM lsp l aril iCq paipaao ,:Isnal AxpTO Tap% aqI xo3 as:s,nxy 'uoZ-auxod -aoo p '*V'R '?IOOggR2 xMV9DTISI1d02T 30 Iuapzsaxd-aoip ' Aq 'L86T `Aaunuuf 3o Kup auj uo aui aao3aq paSpaTt MVP sure quauinaisui STU ( ?IOOggnq 30 Liffl00 ( SVX'3Z 30 alVIS RHI