HomeMy WebLinkAboutResolution - 2485 - Contract - Simmons, Queenan, Brown - 146.73 Acres, Sec 2&3 Block B - 12/11/1986f
Resolution #2485
December 11, 1986
Agenda Item #31
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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 for
the purchase of land to be entered into by and between the said City (as
purchaser) and Ann Price Simmons, Barry Simmons queenan, and Betsy Simmons
Brown (as vendors) concerning approximately 146.73 acres of land out of Sec-
tions 2 and 3, Block B, Lubbock County, Texas, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon the min-
utes 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 11th day of December , 1986.
ATTEST:
nete Boyd, City SecretAry
APPR/VED AS TO CONTENT:
,,Sam Wahl, Director of Wat r--
Utilities
APPROVED AS TO FORM:
J. o th Fullingim, Assistant City
Att ney
Z -1C I A*. C. McMINN, MAYOR
K_)� 9-4q 5
Return.to: City of Lubbock, Attn: Tom Nevins, Box 2000, Lubbock, TX 79457 98-61826
ESV
WARRANTY DEED VCL
0;
Date: December 12, 1986
Grantor: ELIZABETH ANNE SIMMONS aka ANNE PRICE SIMMONS of Lubbock,
Lubbock County, Texas; BETSY SIMMONS BROWN of Pueblo,
Colorado, and BARRY SIMMONS aka BARRY S. QUEENAN of
Louisville, Kentucky
Grantee: CITY OF LUBBOCK, a Texas Home Rule Municipal Corporation
of Lubbock County, Texas
Consideration: TEN AND N0/100 DOLLARS ($10.00) and other valuable
consideration to the undersigned paid by the Grantee herein named,
the receipt and sufficiency of which is hereby acknowledged.
Property (including any improvements):
TRACT I:
A tract of land out of Section 3, Block B, Lubbock County, Texas,
described by metes and bounds as follows:
BEGINNING at the Northeast corner of Section 3, Block B, Lubbock County,
Texas;
THENCE South along the East line of said Section 3, Block B, a distance
of 1883 feet, more or less, to a point for the Southeast corner of this
tract;
THENCE West along the North line of a tract of land owned by the City of
Lubbock, a distance of 2262.4 feet, more or less, to a point in the East
line of a tract of land owned by the City of Lubbock;
THENCE North along the East line of the tract of land owned by the City
of Lubbock, a distance of 1883 feet, more or less, to the Northwest
corner of this tract, said point being in the North line of said Section
3, Block B;
THENCE East along the North line of said Section 3, Block B, a distance
of 2262.40 feet, more or less, to the POINT OF BEGINNING;
SAVE AND EXCEPT that portion being described by metes and bounds as
follows:
BEGINNING at a 1/2" iron rod with cap set for the Northeast corner of
Section 3, Block B, Lubbock County, Texas, for the Northeast corner of
this tract;
THENCE S. 00001122" W., along the East line of Section 3, a distance of
30.00 feet to a 5/8" iron rod with cap set for the Southeast corner of
this tract;
THENCE S. 89034' W. a distance of 26.65 feet to a 5/8" iron rod with cap
set for a corner of this tract;
THENCE S. 86°14152" W. a distance of 648.33 feet to a 5/8" iron rod with
cap set for a corner of this tract;
THENCE S. 89038150" W. a distance of 1595.00 feet to a 5/8" iron rod with
cap set for the Southwest corner of this tract;
THENCE N. 00003150" W. a distance of 62.74 feet to a 5/8" iron rod set in
the North line of Section 3 for the Northwest corner of this tract;
THENCE N. 89030108" E., along the North line of Section 3, a distance of
2268.73 feet to the PLACE OF BEGINNING;
SAVE AND EXCEPT, and there is hereby reserved unto Grantors, their
heirs and assigns, an undivided three-fourths (3/4ths) interest in the
oil, gas and other minerals in and under and that may be produced from
the above property, together with the right of ingress and egress at
all times for the purpose of mining, drilling, exploring, operating
and developing said lands for oil, gas and other minerals and removing
the same therefrom; it being the intention of the parties hereto that
Grantee is to receive by this conveyance an undivided one-fourth
(1/4th) interest in the total mineral estate of the above property
and that following this conveyance the three-fourths (3/4ths) mineral
interest herein reserved in the above property is to be owned in equal
shares by the three Grantors, with each of said Grantors owing an
undivided one-fourth (1/4th) interest in the total mineral estate of
said property.
Vot
TRACT II: �Two (2),
All that part of the South-West One -Fourth (SW/4) of Survey No.
Block B, Lubbock County, Texas, lying North of the Fort Worth & Denver
South Plains Railway Company right-of-way, the location of such
right-of-way being described in Volume 125, Page 390, and Volume 140,
Page 281, Deed Records of Lubbock County, Texas;
SAVE AND EXCEPT, and there is hereby reserved unto Grantors, their
heirs and assigns, an undivided three -eights (3/8ths) interest in the
oil, gas and other minerals in and under and that may be produced from
the above property, together with the right of ingress and egress at
all times for the purpose of mining, drilling, exploring, operating
and developing said lands for oil, gas and other minerals and removing
the same therefrom; it being the intention of the parties hereto that
Grantee is to receive by this conveyance an undivided one-eighth
(1/8th) interest in the total mineral estate of the above property
and that following this conveyance the three-eighths (3/8ths) mineral
interest herein reserved in the above property is to be owned in equal
shares by the three Grantors, with each of said Grantors owing an
undivided one-eighth (1/8th) in the total mineral estate of said
property.
Reservation from and Exceptions to Conveyance and Warranty:
This conveyance of Tract II is made and accepted subject to: (1) an
undivided one-half (1/2) mineral interest previously reserved by
predecessors in title by instrument recorded in Volume 466, Page 417,
Deed Records of Lubbock County, Texas, (2) utility easement granted by
instrument recorded in Volume 466, Page 417, Deed Records of Lubbock
County, Texas, (3) sewer line easement granted by instrument recorded
in Volume 1055, Page 540, Deed Records of Lubbock County, Texas, and
(4) right-of-way easement granted by instrument recorded in Volume
889, Page 423, Deed Records of Lubbock County, Texas.
Grantor, for the consideration and subject to the reservations
from and exceptions to conveyance and warranty, grants, sells, and
conveys to Grantee the property, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have and
hold it to Grantee, Grantee's heirs, executors, administrators,
successors, or assigns forever. Grantor binds Grantor and Grantor's
heirs, executors, administrators, and successors to warrant and for-
ever defend all and singular the property to Grantee and Grantee's
heirs, executors, administrators, successors,.and assigns against
every person whomsoever lawfully claiming or to claim the same or any
part thereof, except as to the reservations from and exceptions to
conveyance and warranty.
When the context requires, singular nouns and pronouns include
the plural.
as of
EXECUTED/this 12th day of December , 1986.
ELIZABETH ANNE SIMMONS
a NE PRI E 31 ONS
<.���-t--�--tom'--�'-`----..
BARRY S QUEENAN a.; . arra .. eons
��)l�S-a• J, Coati �' :e jail. 22. 1989
STATE OF TEXAS
COUNTY OF LUBBnCK
f.
BETSY 01MMONS BROWN
Subscribed and sworn to before me this 16th
day of December, 1986.
'D Notary Public K
y commission expires 11/17/88.
This instrument was acknowledged
December 11 , 1986, by ELIZABETH ANNE
My commission expires: 2/9/89
before me on the 15th day of
SIMMON aka _N RICt SI ONS.
Notary Public, State Texas
Notary'd name printed:
Belinda Jones
SALES CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
This Contract between Anne Price Simmons, Barry Simmons
Queenan, and Betsy Simmons Brown, none of whom are joined by
their respective husbands by reason of the fact that the prop-
erty herein concerned is their separate property and is not
used, claimed, or occupied as the homestead of any character
by any of them, 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 Ven-
dors hereby sell and agree to sell and convey to Purchaser and
Purchaser agrees to buy and pay to Vendors for (in the amount
of money hereinafter set forth) the hereinafter described
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 of those tracts of land designated below as Tracts A
and B containing a total of approximately 146.73 acres
and described as follows:
TRACT A
BEGINNING at the Northeast corner of a 94.33 acre tract
of land, said point being 30.00 feet South of the North-
east corner of Section 3 Block B, Lubbock County, Texas;
THENCE South along the East line of said Section 3, Block
B, a distance of 1853 feet, more or less, to a point for
the Southeast corner of this tract;
THENCE West along the North line of a tract of land owned
by the City of Lubbock, a distance of 2262.4 feet, more
or less, to a point in the East line of a tract of land
owned by the City of Lubbock;
THENCE North along the East line of the tract of land
owned by the City of Lubbock, a distance of 1821 feet,
more or less, to the Northwest corner of this tract, said
point being in the South R.O.W. line of East 19th Street;
THENCE N. 89083150" E. a distance of 1595.00 feet to a 2
5/8" iron rod with cap;
THENCE N. 86014152" E. a distance of 648.33 feet to a
5/8" iron rod with cap;
THENCE N. 89034' E. a distance of 26.65 feet to a 5/8"
iron rod with a cap said point also being the POINT OF
BEGINNING.
TRACT B
A 52.4 acre tract of land within the Southwest 4of Sec-
tion 2, Block B, Lubbock, Lubbock County, Texas, said
tract being all that portion of the Southwest 4 of Sec-
tion 2, Block B that lies North and West of the northern
R.O.W. line of the Fort Worth and Denver Railway.
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 ONE HUN-
DRED SEVENTY THOUSAND TWO HUNDRED FIFTY AND N0/100 DOLLARS
($170,250.00).
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.
Nom
Taxes on the real estate herein concerned shall be pro-
rated between' -Vendors and Purchdset--to _loft -of closing of this
sale.
IV.
Purchaser agrees to consummate the sale on or before
December 31, 1986; 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.
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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 case payment herein provided for. Vendors upon execu-
tion of this Contract by them shall immediately notify the
tenants and/or occupants of the land herein concerned of the
pending sale of such land, and Vendors specifically warrant
and represent that there are no written or oral leases of said
land recorded or unrecorded in existence that extend the occu-
pancy of the tenants and/or occupants beyond December 31,
1986.
Of the said three (3) Vendors hereinabove named, only
Anne Price Simmons agrees to convey any oil, gas or other min-
erals interest to the Purchaser under this Contract and the
said Anne Price Simmons agrees to convey i of all her interest
in the oil, gas and other minerals that she owns in the prop-
erty 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 Lubbock Abstract and Title Company, Lubbock, Texas.
EXECUTED in Quadruplicate originals as of the 11th day
of December 1986.
PURCHASER: VENDORS:
CITY OF LUBBOCK
B. C. McMINN, MAYOR ANNE PRICE SIMMONS
ST:
Rane to Boyd, City Secr tar
7VVED A TOe..CTENT
Sam Wahl, Director of r
Utilities
APP ED AS To ORM• ^'
J. W rth 11 ng m, Assis ant
Ci 1y
Attorney
_ n
BARRY SIMMONS QUEENAN
iTSY4kSIMMONS- •'
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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
ANNE PRICE SIMMONS, 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 -7 T# day of
a'" U i=���/ 1986.
Notary Publ c, Lubbock Co nty,
Texas IF"15,� u-,.8 Pam,g J p;y
THE STATE OF -i4
COUNTY OF §
BEF the undersigned authority a Notary Public in
and for said County, Texas, on this day personally appeared
BARRY SIMMONS QUEENAN, 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 considera-
tion therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
Nota y P b 'c,
County, 2tYx
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Y
a.
THE STATE OF
COUNTY OF &.Rc�,l�, §
BEFORE ME, the undersigned authority a Notary Public in
and for said County, Texas, on this day personally appeared
BETSY SIMMONS BROWN, 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 considera-
tion therein expressed.
GIVEN UNDER MY HAND AND S �L OF OFFICE this day of
� M Q 4.�,. , 19 890 .
Notary Public
County,
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.
a��IVE UNDER MY HAND AND SEAL OF OFFICE this day of
1986.
No a y Public ubbock o nt
Texas
t
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