HomeMy WebLinkAboutResolution - 1189 - Contract - SWPSC - Day Care Center #2 Project, Section 17 Block A - 08/26/1982PSG
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RESOLUTION 1189 - 8/26/82
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed
to execute a contract between said City (as proposed purchaser) and South-
western Public Service Company (as proposed vendor) for the purchase by said
City of a tract of land which is a part of Section 17, Block A, Lubbock County,
Texas, as parcel No. 1 of the C.D. 8010 - Day Care Center No. 2 project attach-
ed 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 26th day of August ,
1982.
BEL McALISTER, MAYOR
i
ATTEST:
(Evelyn Gaffga, City S tary-Treasurer
(APPROVED AS TO CONTENT:
Tom Nivens, Right of Way Agent
APPROVED AS TO FORM:
� :6 nv�
J. Wo h Fullingim, Assistant City Attorney
RESOLUTION 1189 - 8/26/82
Q, r!T SFCRETARY-TREASURER
CONTRACT
Section 1. This is a contract ("Contract") by which
Southwestern Public Service Company, a New Mexico corporation
authorized to transact business in the State of Texas ("SPS"),
agrees to sell to the City of Lubbock, Texas, a Home Rule
Municipal Corporation ("Buyer"), who agrees to purchase, upon the
terms and conditions of this Contract, the property described
below (the "Property"), in its present condition:
A tract or parcel of land lying and being situated
in Lubbock County, Texas and being a part of
Section 17, Block A, Lubbock County, Texas,
described by metes and bounds as follows:
BEGINNING at the Southwest corner of the East 1/2
of Section 17, Block A, Lubbock County, Texas;'
THENCE East 1043.4 feet for the BEGINNING corner
of this tract;
THENCE North 208.7 feet to a point;
THENCE East 52.1 3/4 feet to a point;
THENCE South 208.7 feet to a point;
THENCE West 52.1 3/4 feet to the PLACE OF
BEGINNING.
SAVE AND EXCEPT the South 25 feet thereof;
heretofore dedicated for street purposes, as set
forth in the Right of Way Deed dated November 6,
1947, recorded in Volume 384, Page 19, Deed
Records of Lubbock County, Texas;
AND SAVE AND EXCEPT a tract of land dedicated for
alley purposes, by Dedication Deed dated February
22, 1969, recorded in Volume 1194, Page 21, Deed
Records of Lubbock County, Texas, and being
described by metes and bounds as follows:
BEGINNING at a point which is 15.0 feet South of
the Southeast corner of Lot 2, Block 2,
Burleson -Osborn Heights, an Addition to the City
of Lubbock, Lubbock County, Texas;
THENCE South along the West line of an alley a
distance of 20.0 feet;
THENCE North 450 West a distance of 28.28 feet to
a point in the South line of an alley;
THENCE East along the South line of an alley a
distance of 20.0 feet to the PLACE OF BEGINNING.
Section 2. The total sales price is ONE THOUSAND TWO HUNDRED
TWENTY DOLLARS AND NO CENTS ($1,220.00), all of which shall be
payable to SPS at closing.
Section 3. At closing, SPS will execute and deliver to Buyer
a warranty deed, previously approved by SPS, conveying the
Property to Buyer free and clear of all encumbrances except those
set out in this Contract.
Section 4_._ Buyerwillprovide its .own Owner's Policy of Title
Insurance (if it so desires) and will pay all closing costs
(except those specifically assumed by SPS in this Contract),
including, without limitation, the cost of title insurance, fees
for preparation of deeds and tax certificates.
Section 5. Buyer accepts the Property in its present
condition. Subject to the final consummation of this Contract,
s
Buyer may take possession of the Property upon execution and
delivery of this Contract.
Section 6. Ad valorem taxes on the Property will be pro -rated
to the date of closing.
Section 7. Closing shall be on or before 120 days from
Execution Date unless any contingency set out below is
unsatisfied, in which case the sale is to be closed when
objections are removed and any contingency satisfied, provided
objections are removed and contingencies satisfied within a
reasonable time, which in no event shall extend beyond 365 days
from Execution Date.
Section 8. This Contract is expressly contingent upon the
following:
(1) Approval by SPS's Board of Directors, and
(2) SPS obtaining and providing to Buyer at closing a
release ("Release") of the Property from one certain Indenture of
Mortgage and Deed of Trust, dated August 1, 1946, as supplemented
and amended, between SPS and Chemical Bank (successor by merger
to ,The New York Trust Company and Chemical Bank New York Trust
Company), as Trustee.
Section 9. This Contract contains the entire agreement of the
parties with respect to the matters covered by this Contract. No
other agreement, statement , or promise made by any party, or to
any employee, officer, or agent of any party, which is not
contained in this Contract, shall be binding or valid.
Section 10. If any action at law or in equity, including an
action for declaratory relief, is brought to enforce or interpret
the provisions of this Contract, the prevailing party shall be
entitled to recover reasonable attorney's fees from the other
party, which fees may be set by the court in the trial of the
action or may be enforced in a separate action brought for that
purpose. These fees shall be in addition to any other relief
which may be awarded.
Section 11. This Contract may not be assigned by either party.
Section 12. This Contract shall be governed by and construed
in,accordance with the laws of the State of Texas.
Section 13. Subject to the provisions of Section 11 of this
Contract, this Contract shall be binding upon and inure to the
benefit of the heirs, executors, administrators, successors, and
assigns of the respective parties to this Contract.
MS002/ERF/8/5/82/W -2-
Each party to this Contract has executed the Contract on the
date of that party's acknowledgment. The Execution Date
("Execution Date") of this Contract shall for all purposes be
deemed to be the date of the last acknowledgment.
SOUTHWESTERN PUBLIC SERVICE COMPANY
By i
W R. Esler, Vice President,
Engineering and Construction
CITY OF LUBBOCK XAS
ATTEST:
By BY ✓
CJT crCRETA 1' TREAS
Mayor
STATE OF TEXAS §
§
COUNTY OF POTTER §
of
This instrument was acknowledged before me on the � A day
t_, 1982, by W. R. ESLER, Vice President,
Engine ing and Construction of Southwestern Public Service
Company, a New Mexico corporation, on behalf of said corporation.
MAXINE SPIKER
�r,• 1 1 r:g My Commission Expires —..... „
ifs QF•jE}�
STATE OF TEXAS
COUNTY OF LUBBOCK
Notary Pu is State of Texas
My Commission Expires
§
§
§
T i instrument was acknowled ed befork m on the day
of , 1982, by
t�iayo , of the City of LubAock.
Texas, a Home Rule Municipal
JCorporaton,. on behalf of said corporation.
Notary Public, State of Tex s
My Commission Expires
MS002/ERF/7/29/82/W -3-