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Home My WebLink AboutResolution - 1834 - Right Of Way Offer-Anita J Troost Et Al-Branch Library Construction, L137 TH Add - 09/27/1984HW:da RESOLUTION Resolution #1834 September 27, 1984 Agenda #28 WHEREAS, the City Council of the City of Lubbock finds that the land hereinafter described is needed for public purposes, to -wit: for the construction of a branch library: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Right -of -Way Department of the City of Lubbock is hereby authorized and directed to make an offer on behalf of the City of Lubbock in the amount of $130,000.00 to Anita Joyce Troost & James R. Garrison, Vice President & Trust Officer of Republic Bank Lubbock, (as owners) for the purchase by the City of a tract of land to be used as set forth in the preamble hereof and described as follows: BEGINNING at a point which is the northeast corner of Lot 137, Tracy Heights Addition for the City of Lubbock, Lubbock County, Texas; THENCE east 858.25 feet to a point, said point being on the west property line of Chicago Avenue; THENCE south along the west property line of Chicago Avenue a distance of 175 feet to a point of curvature; THENCE southwesterly around a 15 foot radius curve that subtends an angle of 900 a distance of 23.56 feet to a point, said point being on the north property line of 19th Street; THENCE west along the north property line of 19th Street a distance of 843.25 feet; THENCE north a distance of 190 feet to the POINT OF BEGINNING. SECTION 2. THAT said purchase is to be accomplished by the Right - of -Way Department. SECTION 3. The Mayor is hereby authorized to execute on behalf of the City the acceptance of a Contract of Sale for the consideration above set forth. SECTION 4. In the event the Right -of -Way Department is unable to negotiate the purchase of the above described property for the considera- tion above set forth, condemnation proceeding shall be forthwith insti- tuted. SECTION 5. Purchase is subject to Z.B.A. approval of library site. Passed by the City Council this 27th day of September, 1984. AL 'NR , MiAR ATTEST: fid ette Boyd, City Secretary APPROVED AS TO CONTENT: , V4;w tom 44i0nsv Right -Of -Way Agent APPROVED AS TO,FORM: arold Willard, Assistant City Attorney - 2 - a- • '1$ Resolution #1834 LAND CONTRACT In consider of the sum of one dollar ($1.00) and other valuable consideration in hand paid, the receipt whereof is hereby acknowledged, the undersigned (hereinafter called the "Seller") being the owner thereof, hereby offers and agrees to sell and convey to the City of Lubbock, Lubbock, Texas, (herein- after called the "City"), or its assignee or nominee the follow- ing described property, located in the City of Lubbock, County of Lubbock, State of Texas: BEGINNING at a point which is the northeast corner of Lot 137, Tracy Heights Addition, Lubbock County, Texas; THENCE east 858.25 feet to a point; said point being on the west property line of Chicago Avenue; THENCE south along the west property line of Chicago Avenue a distance of 175 feet to a point of curvature; THENCE southwesterly around a 15 foot radius curve, that subtends an angle of 90", a distance of 23.56 feet to a point; said point being on the north property line of 19th Street; THENCE west along the north property line of 19th Street a distance of 843.25 feet; THENCE north a distance of 190 feet to the point of BEGIN- NING. together with any surplus ground adjacent thereto which by law or otherwise may be vested in Seller, upon the following terms and conditions: Upon closing, the Seller shall convey to the City or its assignee or nominee by general warranty deed a good and market- able fee simple title hereto, together with all improvements, herditaments, and appurtenances thereunto belonging free and clear of all liens easements restriction, delinquent taxes and assessments, leases and encumbrances of any kind, and waiver of homestead rights if any, together with all of his rights, title and interest in and to any streets, alleys and passage ways drainage channel, creek and adjoining or abutting thereon. Taxes, assessments and rents, if any, shall be adjusted and prorated as of the time of closing. Possession shall be delivered to the City at the time of closing. The total purchase price shall be $130,000.00: All expenses of examination of title and preparation and recording the deed shall be paid by the City. Payment of the purchase price shall be made upon transfer to title to the City. The Seller shall bear such expenses as Seller may incur in correcting any defects in the title, such correction is to be made by Seller or an attorney of Seller's choice. The City shall pay to Seller such settlement costs and related charges in connection with the acquisition of the above described property as may be approved by the City. This offer shall be irrevocable for a period of 60 days from._,_,_ the date hereof and shall remain in force thereafter until terminated by the Seller. Such termination may be effected at any time after the expiration of such 60 day period by Seller giving 30 days prior written notice to the City of such termina- tion. In accepting this offer the City shall endorse its acceptance hereon and mail notice thereof to the Seller at the address specified below. The City shall specify the place and time of closing, which shall be not more than 60 days after the date of execution. The Seller agrees that this offer shall not be revocable and that he will not sell, mortgage, encumber, or otherwise dispose of such property or any part thereof (including improvements) prior to said expiration date, except to the City. This agreement shall be binding upon the Seller and his heirs, executors, administrators, successors and assigns. Offer to purchase by the City shall be contingent upon approval by the City Council and the approval of a variance by Lubbock Zoning Board of Adjustments to construct a City Library on the property. Any loss or damage to the property, including but not limited to fire or casualty, shall be at the risk of the Seller until title has been conveyed to the City and in the event of any loss or damage, the purchase price herein provided shall be reduced to the value of said property after the occurrence thereof and upon the date of closing. It is further agreed and understood that if the property or any portion thereof is at the date of this agreement occupied by any individual, family or business concern as tenant or tenants of the Seller, that in the event the property or any portion thereof is later vacated by any of said tenants that the Seller agrees not to re -rent the property or any portion between the date of this Agreement and the time of closing. In the event the property or any portion thereof is not vacant or is later vacated either by the Seller or a tenant, the Seller or his or her agent agrees to immediately notify the City in writing of such vaca- tion. The Seller further agrees to hold the City harmless for claims or damages which may arise in the event someone other than the Seller has a superior claim of ownership to such property. EXECUTED by Seller this 24th day of September , 1984. Anita JoyceAroo@<p Seller 6910 Nashville Driv__e� Lubbock, TX 79413 Address mes R. Garrison, Seller Vice President & Trust Officer Republic Bank Lubbock P. 0. Box 1469, Lubbock, TX 79408 ddress ACCEPTED this 27th day of September , 1984. BY ALAM HENRY, MAY ATTST: a tI Boyd, City Secretary ;APR VED AS TO CONTEN : Weston, Director of Community i1ities � A 4 _r I STATE OF TEXAS § COUNTY OF LUBBOCK § Before me, a Notary Public, on this day personally appeared Anita Joyce Troost, Seller, 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 considera- tion therein expressed. G'ven under my hand and seal of office this 024th day of 1984. Notardk Public -in and fp-r Lubbock County, Texas -' My Commission Expires: - as -8 *7 STATE OF TEXAS § COUNTY OF LUBBOCK § Before me, a Notary Public, on this day personally appeared James R. Garrison, Seller, Vice President & Trust Officer of Republic Bank 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 purposes and consideration therein expressed. G'ven unde my hand and seal of office, this day of 1984. otay Public in and for Lubb ck County, Texas My Commission Expires: