Ordinance No. 7,010940626 -4
ORDINANCE NO. 7010
• AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT
WITH SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR THE
PURCHASE OF 3.51 ACRES OF LAND; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, Carver Park is located on 3.51 acres of land owned by
Southern Pacific Transportation Company, who has offered to sell
the same for $20,000; and
WHEREAS, at the May 12, 1994, City Council meeting, upon the
recommendation of the Community Development Advisory Committee and
Administration, Council authorized and approved the expenditure of
$20,000 for the purchase of 3.51 acres of land from Southern
Pacific Transportation Company; and
WHEREAS, since that time, Southern Pacific Transportation
Company and the Administration have drafted the agreement in order
to finalize the purchase; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the City Manager and City
Clerk of the City of Baytown to execute and attest to an agreement
with Southern Pacific Transportation Company for the purchase of
3.51 acres of land. A copy of said agreement is attached hereto,
marked Exhibit "A," and made a part hereof for all intents and
purposes.
Section 2: This ordinance shall take effect immediately from
and after its passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this the 26th day of May, 1994.
C. a4144'w
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. L, City Clerk
ACIO RAMIREZ SR., City Attorney
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Southern Pacific Lines
4099 McEwen • Suite 600 MaDa las,�Texas Z512g4
File: "S" - Rountree
City of Baytown
Attn: Karen Horner - Assistant City Attorney
2401 Market,'P. 0. Box 424
Baytown, Texas 77522 -0424
Re: Proposed Purchase - Baytown, Texas
Dear Mr. Rountree:
Your request to purchase Southern Pacific Transportation Company property at
Baytown, Texas, has been reviewed. We are now prepared to submit a sale proposal
to you under the following terms and conditions:
1.
SELLER: Southern Pacific Transportation Company
2.
BUYER: City of Baytown
Please indicate how title should be vested.
3.
DESCRIPTION OF PROPERTY: Approximately 3.51* acres as indicated on
attached print.
4.
PURCHASE PRICE: $20,000 Total Price Firm.
5.
TITLE TO PROPERTY: Property will be conveyed by Special Warranty Deed.
6.
CLOSING: Buyer will be notified when Seller's management approves sale.
Sale shall close on or before the 30th day immediately following subject
notification unless extended by Seller. Escrow shall be handled through
Chicago Title Insurance Company or its local affiliate, with the escrow
fee and closing cost being shared according to the custom of Harris
County, Texas. Seller will pay the cost of a standard owner's policy of
title insurance.
7.
DEFAULT BY BUYER: If Buyer fails to perform within the Oyer. day period,
Seller may at its option extend the closing date or retain s deposit
as liquidated damages and terminate this proposal. If Seller chooses to
extend the closing, Buyer will be so notified in writing.
8.
MINERALS: All mineral rights owned by Seller shall be retained by Seller
without the right of surface entry.
9.
PRORATIONS: Real property taxes and lease payments (if applicable) will
•
be prorated at close of escrow.
10.
SPECIAL ASSESSMENTS /FEES,: Buyer will be responsible for any special
assessments or fees on this property.
EXHIBIT
• Page 2
11. REAL ESTATE COMMISSION: Seller and Buyer shall not be responsible for
paying a real estate commission to any party.
12. SURVEY AND LEGAL DESCRIPTION: A survey and legal description of the
property will be provided by Buyer at Buyer's expense. Said survey shall
conform with requirements set forth in attached Exhibit "B ". Said survey
shall be provided by Buyer to Seller within thirty (30) days after date of
Buyer's execution of this proposal.
13. TIME LIMIT: This proposal shall become null and void if not accepted and
returned to this office by June 3, 1994.
14. DEPOSIT: Buyer shall remit, along with the signed copy of this letter, a
cashier's check made payable to Southern Pacific Transportation Company in
the amount of $2,000 representing earnest money deposit towards this
transaction. Should Seller's management approve this transaction and
Buyer performs pursuant to paragraph 6, then this deposit will be applied
towards purchase price. However, if Buyer defaults pursuant to paragraph
7, then Seller will retain deposit as Liquidated Damages and terminate
this proposal. Should Seller's management reject this transaction, then
this deposit shall be refunded to Buyer whereupon this proposal shall
become null and void.
15.
MANAGEMENT APPROVAL: Notwithstanding the execution of this sale proposal
by Seller and /or anything to the contrary herein, this sales proposal is
subject to the review and approval by Seller's management and Buyer
acknowledges this understanding by signing in the acceptance space below.
16.
ENVIRONMENTAL DISCLOSURE: Buyer acknowledges that Seller has held title
to the property since approximately 1922 and it has been used for railroad
purposes including and without limitation, possible uses as a bulk oil
facility, mechanical oil facility, locomotive refueling facility, gasoline
service station, industrial site, manufacturing facility, agricultural or
other purposes. For this reason, Seiler believes there may be hazardous
substances located on or beneath the property or in the ground water
underlying the property. Seller has not done a specific environmental
audit of the property nor has it reviewed past records to determine the
possibility of such release. Buyer is advised to undertake a thorough
investigation prior to concluding the proposed purchase of the property.
Since the property is being sold "as is ", Buyer assumes the risk of
hazardous substances being found on or beneath the property whether or not
Buyer undertakes an investigation prior to concluding the purchase. Prior
to entering the property for such investigation, Buyer shall enter into
and fulfill all requirements of a right -of -entry permit (the "Permit ")
inrm to be agreed to by Seller and Buyer.
17.
DEED FORM: The deed (conveying interest in the property) shall be
substantially in the form of Exhibit "C" attached hereto as modified to
conform to the terms and conditions of this sales proposal and as
•
otherwise agreed by the parties.
18.
LEASE TERMINATION: Lease by and between Seller and Buyer, shown in
Seller's records as Lease No. 138027, shall be terminated at closing.
• Page 3
If this proposal meets with your approval, please sign one copy and return it to
me within the time limit given for acceptance.
Sincerely,
' k
Ed Darter
Sales Manager
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BAYTWN.TRM
Attachments
TERMS AND CONDITIONS ARE AGREED TO AND ACCEPTED THIS DAY OF ,
19 . IT IS UNDERSTOOD BY BUYER THAT THIS PROPOSAL rrMJECT Td FIRE APPROVAL
BY THE NANAGENENT OF SOUTHERN PACIFIC TRANSPORTATION COMPANY.
City of Baytown
By:
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• EXHIBIT "B"
Survey Requirements
The following items should be included in the Survey:
1. Reference in preamble, including recording data, to deed(s) whereby Owner
acquired title to the property being surveyed (the "Property ");
2. Tie -ins and proper references to prior deeds whereby Owner sold land
abutting the Property to others;
3. Distance(s) from centerline of nearest trackage to boundaries of the
Property;
4. Tied -in location(s) of all improvements (including, but not limited to
buildings, trackage, pipelines, polelines and utilities) located within
the limits of the Property;
5. Ownership of improvements described in item 4, if known;
6. Tied -in location(s) of all encumbrances which affect the Property along
with proper references to instruments creating such encumbrances;
7. Standard certification embodying language similar to the following: "The
survey is based on an actual survey of the property on the ground, and
there are no easements, improvements, encroachments and /or provisions,
except as shown thereon ";
8. Separate gross area and net area as depicted on Exhibit "A" and /or
explained in attached cover letter; (Should Surveyor have any questions
regarding gross versus net area, Surveyor should contact Ed Darter at
(214) 770 -4325 for clarification.)
9. A copy of the traverse, subdivision and plat maps used in preparing the
legal description and other pertinent data used in constructing the Survey
should accompany the Survey;
10. Metes and bounds legal description(s) of the Property on separate 8 1/2"
x 11" page(s) bearing Surveyor's certification and seal. The format of
such description should conform as closely as possible to attached blank
SAMPLE form; and
11. Properly tied -in location of all fiber optics lines and /or facilities
located on or within ten feet (10') of any boundary line of the Property.
12. Curve information, for all curves, must include the RADIUS, the CHORD
BEARING and the CENTRAL ANGLE (delta).
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• EXHIBIT "B"
Survey Requirements
(Page 2)
Notes applicable to item 11 above:
(i) Copy of fiber optics "as- builts" showing known fiber optics lines and /or
facilities in the vicinity of the Property ,_I are 1_1 are not (check
appropriate box) attached. The name of fiber optics carrier responsible
for such lines and /or facilities shown on such "as- builts" and their phone
number is /are as follows:
Carrier: M.C.I. Telecommunications Corpordtion
Phone f: (A.C. 800) 344 - 8377
Carrier: U. S. Sprint
Phone 1: (A.C. 800) 521 - 0579
Carrier: Other (Specify)
Phone #: (if known) (A.C. -
(ii) Surveyor should telephone 1 -800- 283 -4237 (a 24 -hour number) for general
assistance in determining if fiber optics line(s) and /or facilities are
located on or about the Property being surveyed.
(iii) THE INFORMATION CONTAINED IN NOTES (i) AND (ii) ABOVE PROVIDED BY OWNER OR
BUYER TO SURVEYOR IS BEING PROVIDED ONLY AS A COURTESY. BY SIGNING THE
SURVEY AGREEMENT AND /OR ACCEPTING THE SURVEY ASSIGNMENT, SURVEYOR
ACKNOWLEDGES AND AGREES THAT SUCH INFORMATION HAS BEEN PROVIDED BY OWNER
OR BUYER TO SURVEYOR WITHOUT ANY WARRANTY OR REPRESENTATION, EXPRESS OR
IMPLIED, ORAL OR WRITTEN, CONCERNING THE ACCURACY OR COMPLETENESS THEREOF
AND THAT SURVEYOR WILL NOT RELY ON THIS INFORMATION BUT INSTEAD WILL RELY
ON SURVEYOR'S FIELD INVESTIGATION OF THE PROPERTY TO DETERMINE WHETHER OR
NOT THERE ARE ANY FIBER OPTICS LINE(S) OR FACILITIES LOCATED ON OR WITHIN
TEN FEET (101) OF THE PROPERTY BEING SURVEYED.
(iv) To assure that the fiber optics line(s) and /or facilities are properly
located on the ground and properly shown on survey plat, Surveyor should
contact fiber optic carrier's representative at above phone number(s) for
assistance in locating such lines and /or facilities.
LI
• Exhibit
SAMPLE FORMAT
Survey for
City, State & Buyer
Surveyed by
Surveyor Name & Address
BEING a portion of that land described in deed from to
as recorded in Deed Book , Page dated
in (Office, Courthouse, District, County. State), also being
and being more particularly described as:
BEGINNING
THENCE
THENCE
THENCE ;
THENCE to the point of beginning, and
containing gross acres and net acres.
0
EXHIBIT "C,'i
SPECIAL WARRANTY DEED
THE STAVE OF TEXAS i
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF
THAT a corporation,
hereinafter styVed GRANTOR, for and in consideration of the sum of TEN AND NO /100
DOLLARS ($10.00), and other good and valuable considerations to it in hand paid
b with address of
hereinafter styled GRANTEE, whether one or more, the receipt of which is heriby
acknowledged, by these presents does Grant, Sell and Convey unto the said
GRANTEE, subject to the exceptions, reservations and conditions hereinafter set
forth, land lying and being situated in County, Texas (the
"Property "), more particularly described in Ex Mit 'A" attached hereto and made
a part hereof.
Grantor hereby excepts from the Property hereby conveyed and reserves unto
itself, its successors and assigns, all minerals and mineral rights, interests,
.and royalties, including. without limiting the generality thereof, oil, gas and
other hydrocarbon substances, as well as metallic-or other solid minerals, in and
,..der said Property; however, Grantor or its successors and assigns shall not
have the right for any purpose whatsoever to enter upon, into or through the
surface of said Property in connection therewith.
Anything herein to the contrary notwithstanding, this conveyance is made subject
to all covenants, conditions, restrictions, exceptions, easements, rights of way,
rights of access, agreements, reservations, encumbrances, liens and other matters
as the same may be of record; any matter which would be disclosed by survey,
investigation or inquiry; and any tax, assessment or other governmental lien
against said Property.
Grantee, by signing below expressly acknowledges that Grantee is buying the
Property in an "AS IS" condition and that Grantee has relied solely upon its own
independent investigation of the physical condition of the Property. nates
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To have and to hold the above. described premises, together with all and singular
the rights and appurtenances thereto-in anywise belonging unto the said GRANTEE
and to GRANTEE'S heirs, successors and assigns forever, and GRANTOR does hereby
bind itself, its successors and assigns, to warrant and forever defend all and
singular the premises unto GRANTEE, and GRANTEE'S heirs, successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any
part thereof by, through and under GRANTOR only, but no further.
WITNESS the execution hereof this day of A.Q. 19_.
By:
—(Title)
Attest:
Tit e
This deed is accepted in accordance with the terms and conditions set forth on
this day of 19_
By:
THE STATE OF
COUNTY OF
BEFORE ME a Notary Public in and for said County
and State, on this day personally appeared , 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 considerations
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 19
NOTARY PUBLIC in and for
County of
State of
•
THE STATE
• COUNTY OF
This instrument was acknowledged before me on the day of
19 , by for
a corporation, on behalf of said Company.
NOTARY PUBLIC IN AND FOR DALLAS COUNTY, TEXAS
(Print Name)
My commission expires:
.3