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HomeMy WebLinkAboutResolution - 2002-R0214 - Agreement With Market Lubbock Economic Development Corp. - 05_23_2002Resolution No. 2002-RO214 Nay 23, 2002 Item No. 51 RESOLUTION 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 an Agreement by and between the City of Lubbock and Market Lubbock Economic Development Corporation (MLI), providing for the exchange of certain real property located on and/or in the vicinity to the Lubbock International Airport and certain services to be performed by MLI regarding said exchange. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: ALJP §,,/ A14t / De ra Forte, Deputy City Manager APPROVED AS TO FORM: Richard K. Casner Natural Resources Attorney RKC:da/ccdocs/MLI-propertyLIA.res May 17, 2002 day of , 2002. AL, MAYOR Resolution No. 2002—RO214 May 23, 2002 Item No. 51 AGREEMENT THIS AGREEMENT dated this 23'd day of May, 2002, is by and between the City of Lubbock, Texas, a Texas home -rule municipal corporation (the "City") and Market Lubbock Economic Development Corporation, a Texas not -for -profit corporation ("MLI") WITNESSETH WHEREAS, the City owns certain property located on or in the vicinity of the Lubbock International Airport (the "Lubbock Properties"); WHEREAS, MLI desires to own and/or otherwise utilize some of the Lubbock Properties in its efforts for economic development within the City; WHEREAS, MLI owns certain property that the City desires to own and is capable of performing certain services (collectively the "MLI Property and Services") that are useful to the City; WHEREAS, the City desires to exchange the Lubbock Properties to MLI, in exchange for the MLI Properties and Services, upon the terms and conditions set forth below. NOW THEREFORE, the City and MLI agree as follows: MLI Agreement.Tyco Page 1 of 32 1. On or before June 1, 2002, the City shall convey the surface estate only of that certain 38.98 acre tract of land (the "Tyco Tract"), as depicted in Exhibit "A" attached hereto, to MLI, by General Warranty Deed in the form attached hereto as Exhibit `B" . The City shall further reserve unto itself, its successors and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the surface of the Tyco Tract, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the Lubbock International Airport. The value of the Tyco Tract, as determined by that certain Appraisal prepared by Merle N. Blosser, and datedApril 1, 2002, is One Hundred Thirty -Six Thousand Four Hundred Thirty and No/100 Dollars ($136,430.00). The conveyance set forth above is subject to the following conditions precedent: a) The City shall furnish to MLI a Commitment for Owner's Policy of Title Insurance subject to the promulgated exclusions and the following exceptions and covenants: 1.) The following restrictive covenants of record itemized below: Volume 679, Page 643, Deed Records of Lubbock County, Texas, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless MLI Agreement.Tyco Page 2 of 32 and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons. 2.) Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachment or protrusions, or any overlapping of improvements. 3.) Homestead or community property or survivorship rights, if any of any spouse of any insured. 4.) Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or C. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or MLI Agreement.Tyco Page 3 of 32 e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5.) Standby fees, taxes and assessments by any taxing authority for the year 2002, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership previous tax year. 6.) The following matters and all terms of the documents creating or offering evidence of the matters: A. Right -of -Way from A E. Griffis, as grantor, to N.K. Moody, Trustee, as grantee, dated May 24, 1926 and recorded in Volume 123, Page 345 of the Deed Records of Lubbock County, Texas, and as affected by that certain Assignment recorded in Volume 154, Page 37 of the Deed Records of Lubbock County, Texas, and as affected by Evidence of Assignment or Merger or Name Change recorded in Volume 767, Page 21 of the Deed Records of Lubbock County, Texas. B. Right -of -Way from W.J. Thiel, et al., grantors, to Stanolind Pipe Line Company, grantee, dated October 29, 1947 and recorded in Volume 355, Page 639 of the Deed Records of Lubbock County, Texas. MLI Agreement.Tyco Page 4 of 32 C. Power Line Easement as set forth in that certain instrument dated August 6, 1959 and recorded in Volume 754, Page 409 of the Deed Records of Lubbock County, Texas. D. Right -of -Way Easement from A. E. Griffis, grantor, to South Plains Electric Cooperative, Inc., grantee, dated February 10, 1938 and recorded in Volume 754, Page 431 of the Deed Records of Lubbock County, Texas. E. Right -of -Way from A. E. Griffis, grantor, to J.H. Felton, grantee, dated August 2, 1939 and recorded in Volume 239, Page 120 of the Deed Records of Lubbock County, Texas, and also subject to the West Texas Gas Company main line as evidenced by this instrument. F. Subject to easements granted to Southwestern Bell Telephone Company and Southwestern Public Service Company, as evidenced by instruments respectively recorded in Volume 741, Page 507 and Volume 731, Page 221 of the Deed Records of Lubbock County, Texas. G. Subject to the terms, provisions and conditions of that certain Resolution, recorded in Volume 679, Page 643 of the Deed Records of Lubbock County, Texas, and also subject to the Runway Protection Zone, as evidenced by that certain instrument recorded in Volume 5042, Page 49 MLI Agreement.Tyco Page 5 of 32 of the Real Property Records of Lubbock County, Texas. H. Subject to everything as shown on that certain Survey dated May 6, 2002, prepared by Gary D. Wilson, Registered Professional Land Surveyor, No 4239, State of Texas, including but not limited to overhead electric lines; telephone riser; gas vent; gas meter; underground gas line; water lines; sewer line; water valves; sewer manholes; power poles; guy anchors; fire hydrant; culvert; gas riser; irrigation well; irrigation standpipe; irrigation risers; and a proposed 25' Underground Utility Easement. I. Visible and apparent easements on or across the Property herein described. J. Any portion of the Property described herein within the limits or boundaries of any public or private roadway. K. Rights and claims of tenants and parties in possession. L. A blanket garbage collection and underground utility easement; a 25' underground utility easement over and across the Western portion of the Tyco Tract; no landscape planting, irrigation systems, signs or permanent mail boxes will be allowed within the road right-of-way; and a minimum floor elevation of all structures shall conform to City Code Section 6-48 and Section 21-31, as MLI Agreement.Tyco Page 6 of 32 set forth on Plat recorded in Volume ( ), Page ( ) of the Real Property Records of Lubbock County, Texas. M. MLI expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the real property described hereinabove to a height of not exceeding the elevation established by the Airport zoning ordinance. N. MLI expressly agrees for itself, its successors and assigns to prevent any use of the Tyco Tract which would interfere with landing or taking off of aircraft at the Lubbock International Airport, or which would otherwise constitute an airport hazard. O. [Any other restrictions or covenants required by the FAA, as defined below.] (b) The City shall have been provided satisfactory evidence of approval of the above described conveyance by the Federal Aviation Administration (FAA). MLI agrees that the above described conveyance shall be subject to any and all covenants or restrictions requested by the FAA. In exchange for the grant of the Tyco Tract to MLI, MLI on or before August 1, 2002, shall convey that certain 170.53 acre tract of land, as described in Exhibit "C" , attached hereto, to the City, by General Warranty Deed in the from attached hereto as Exhibit "D" (the "MLI Tract"). The value of the MLI Tract, as determined by that certain Appraisal prepared by Merle N. Blosser, and dated MLI Agreement.Tyco Page 7 of 32 March 29, 2001, is One Hundred Thirty Six Thousand Four Hundred Thirty and No/100 Dollars ($136, 430.00). The conveyance set forth above is subject to the following conditions precedent: a) MLI shall furnish to City an Owners Policy of Title Insurance subject to: 1) Restrictive Covenants. 2) The standard printed exception for standby fees, taxes and assessments. 3) Utility easements, rights -of -way, roadways, and irrigation facilities. 4) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions or any overlapping improvements. 5) The standard printed exception as to marital and homestead rights. 6) Rights and duties of tenants and parties in possession. In the event any of said exceptions shall unreasonably interfere with the City's contemplated use of the lands, in the City's sole and absolute discretion, the City may require same to be deleted as an exception. 2. On or before October 1, 2002, the City will assign a certain facility known as the "FAA Hangar" (herein so called) located at the address of 310 East Edinboro Street, by Bill of Sale in the form attached as Exhibit "E". The value of the FAA MLI Agreement.Tyco Page 8 of 32 Hangar, as personal property, as determined by that certain Appraisal prepared by Merle N. Blosser, dated May 18, 1998, is Five Hundred Ninety -Five Thousand and No/100 Dollars ($595,000.00). Further, the City shall grant a lease to MLI, as provided by the City on terms prescribed by the City, in its sole discretion, within said period of time, covering the real property wherein said FAA Hangar is located, and said additional lands as determined solely by the City of Lubbock and providing that City may allow the FAA Hangar to remain on said Hangar Tract for a period of forty (40) years, after which the FAA Hangar shall be disposed of as set forth in the attached Lease. As consideration for, and in exchange of, MLI shall, within the times described below: (a) On or before October 1, 2002, convey to the City that certain One Hundred Thirty One and eleven one -hundredth (131.11) acre tract (the "131 Acre Tract"), more or less, as approximately depicted on Exhibit "F" attached hereto, by General Warranty Deed acceptable to the City. The value of the 131 Acre Tract, as determined by that certain Appraisal prepared by Merle N. Blosser, and dated March 29, 2001, is One Hundred Four Thousand Eight Hundred Eighty - Eight and No/100 Dollars($104,888.00). (b) On or before August 1, 2002, construct a roadway, constructed in compliance with all ordinances and rules of the City of Lubbock, including without limitation, the Lubbock Code of Ordinances, as applicable for public roadways, with paved surface forty-three feet MLI Agreement.Tyco Page 9 of 32 (43') in width, and with a sixty feet (60') width right-of-way, along the route approximately depicted on Exhibit "G" attached hereto. The roadway, as evaluated by the City, is Four Hundred Thirty - Five Thousand and No/100 Dollars ($435,000.00). (c) Within two (2) years, perform MLI related economic development projects approved by the City on Lubbock International Airport property, valued at Fifty -Eight Thousand One Hundred Twelve and No/100 Dollars ($58,112.00), as set forth in a certified appraisal, or as approved and evaluated by the City. 3. MLI and City agree to cooperate fully and utilize all reasonable efforts to carry out the purpose and intent of this Agreement. Each party agrees to take such future actions and execute such additional documents as may be required or appropriate to give full force and effect to this Agreement. 4. If any default or performance of any covenant, condition, or term of this Agreement is delayed by reason of war, civil commotion, act of God, governmental restriction, regulation or interference, fire or other casualty, or any other circumstances beyond MLI's or the City's control, then the duty to do or perform a term, condition, or covenant, regardless of whether the circumstances similar to those enumerated or not, is excused during the force majeure period. 5. The City shall be under no obligation to convey the Tyco Tract to MLI unless and until it shall have received, in form and substance satisfactory to City, consent and authorization to convey the Tyco Tract to MLI by the Federal Aviation MLI Agreement.Tyco Page 10 of 32 Administration of the United States of America (the "FAA"). In the event the City shall not have received such consent and authorization by July 1, 2002, this Agreement shall be void and the City and MLI shall have no further obligation, one to the other, under this Agreement. This Agreement is entered into and executed on this 23rd day of May , 2002. CITY OF L ATTEST: 7n,, Rebecca Garza, City Secretary APPROVED AS TO CONTENT: r Debra Forte', Deputy City Manager APPROVED AS TO FORM: Richard Casner Natural Resources Attorney MAYOR MLI Agreement.Tyco Page 11 of 32 MARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION, A Texas not -for -profit corporation By: ` ����' ►�'L�.E' Name: T. Mike Field Title: Chairman ATTEST: By: Name: Jane Anne Stinnett Title: Secretary MLI Agreement.Tyco Page 12 of 32 Resolution No. 2002—RO214 EXHIBIT "A" TO AGREEMENT ["Tyco Tract" - 38.98 acre tract of land] Field notes on a 38.98 acre tract of land out of the Southwest Y4 of Section 36, Block A, Lubbock County, Texas, said tract being part of a tract of land conveyed by Cleo Thiel and husband, Robert W. Thiel to the City of Lubbock by deed dated March 26, 1973 and recorded in Volume 1338, Page 223, Deed Records of Lubbock County and by Cleobob, Incorporated to the City of Lubbock, by deed dated March 26, 1973 and recorded in Volume 1338, Page 225, Deed Records of Lubbock County, Texas, said 38.98 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at % " iron rod with cap, set for the Southwest corner of this tract, being on the existing East right of way line of Interstate 27 as recorded in Volume 1383, Page 179 of the Deed Records of Lubbock County, Texas, whence a P.K. nail set for the Southwest corner of Section 36, Block A bears South 01 °23'50" East, 37.54 feet and North 88°38'32" West, 329.70 feet; (1) THENCE North 01'23'50" West, along the existing East right of way line of Interstate 27, as recorded in Volume 1383, Page 179, a distance of 1374.33 feet to an "X" on concrete, set for a corner of this tract; (2) THENCE North 01 °27'55" East, along the existing East right of way line of Interstate 27, as recorded in Volume 1383, Page 179, a distance of 139.79 feet to a %" iron rod with cap, set for the Northwest corner of this tract; (3) THENCE South 88°38'32" East, a distance of 115 7.3 6 feet to a %" iron rod with cap, set for the Northeast corner of this tract; (4) THENCE South 01°45'41" West, a distance of 15 12.5 8 feet to a % " iron rod with cap, set for the Southeast corner of this tract; (5) THENCE North 88°38'32" West, a distance of 1080.91 feet to the point of beginning. CONTAINING an area of 38.98 acres of land. MLI Agreement.Tyco Page 13 of 32 The above described real property is also known as Lot One (1), Tyco Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded in Volume _, Page _, of the Real Property Records of Lubbock County, Texas. MLI Agreement.Tyco Page 14 of 32 Resolution No. 2002—R0214 EXHIBIT "B" TO AGREEMENT GENERAL WARRANTY DEED STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS That CITY OF LUBBOCK, a Texas home rule municipal corporation (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the MARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION, a Texas not - for -profit organization (herein called "Grantee"), P. O. Box , Lubbock, TX , the receipt and sufficiency of which are hereby acknowledged and confessed, subject to the exceptions, restrictions, and limitations herein, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee the surface estate only of all the real property in Lubbock County, Texas described on Exhibit "A", attached hereto, together with all the rights appurtenant to said real property, and fixtures attached thereto or located thereon (the "Property") Grantor hereby reserves to itself, its successors and assigns, all oil, gas, and other minerals in, on and under and that may be produced from the Property. Grantor covenants, for itself, its mineral lessees, successors and assigns, that it will conduct all surface operations upon the Property in a manner so as not to unreasonably interfere with the improvements, roadways and utilities located thereon. Further, Grantor reserves unto MLI Agreement.Tyco Page 15 of 32 itself, its successors and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the surface of the Property, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the Lubbock International Airport. Exceptions to Conveyance and Warranty and Covenants of Grantee: Validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests outstanding in persons other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; taxes for 2002, which Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes. Without limiting the general nature of the above, this conveyance and warranty is subject to the following specific exceptions: 1. The following restrictive covenants of record itemized below : Volume 679, Page 643, Deed Records of Lubbock County, Texas, but omitting any covenant or restriction based on race, color, MLI Agreement.Tyco Page 16 of 32 religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachment or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. 4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or C. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year MLI Agreement.Tyco Page 17 of 32 2002, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters: A. Right -of -Way from A E. Griffis, as grantor, to N.K. Moody, Trustee, as grantee, dated May 24, 1926 and recorded in Volume 123, Page 345 of the Deed Records of Lubbock County, Texas, and as affected by that certain Assignment recorded in Volume 154, Page 37 of the Deed Records of Lubbock County, Texas, and as affected by Evidence of Assignment or Merger or Name Change recorded in Volume 767, Page 21 of the Deed Records of Lubbock County, Texas. B. Right -of -Way from W.J. Thiel, et al., grantors, to Stanolind Pipe Line Company, grantee, dated October 29, 1947 and recorded in Volume 355, Page 639 of the Deed Records of Lubbock County, Texas. C. Power Line Easement as set forth in that certain instrument dated August 6, 1959 and recorded in Volume 754, Page 409 of the Deed Records of Lubbock County, Texas. D. Right -of -Way Easement from A. E. Griffis, grantor, to South Plains Electric Cooperative, Inc., grantee, dated MLI Agreement.Tyco Page 18 of 32 February 10, 1938 and recorded in Volume 754, Page 431 of the Deed Records of Lubbock County, Texas. E. Right -of -Way from A. E. Griffis, grantor, to J.H. Felton, grantee, dated August 2, 1939 and recorded in Volume 239, Page 120 of the Deed Records of Lubbock County, Texas, and also subject to the West Texas Gas Company main line as evidenced by this instrument. F. Subject to easements granted to Southwestern Bell Telephone Company and Southwestern Public Service Company, as evidenced by instruments respectively recorded in Volume 741, Page 507 and Volume 731, Page 221 of the Deed Records of Lubbock County, Texas. G. Subject to the terms, provisions and conditions of that certain Resolution, recorded in Volume 679, Page 643 of the Deed Records of Lubbock County, Texas, and also subject to the Runway Protection Zone, as evidenced by that certain instrument recorded in Volume 5042, Page 49 of the Real Property Records of Lubbock County, Texas. H. Subject to everything as shown on that certain Survey dated May 6, 2002, prepared by Gary D. Wilson, Registered Professional Land Surveyor, No 4239, State of Texas, including but not limited to overhead electric lines; telephone riser; gas vent; gas meter; underground gas line; MLI Agreement.Tyco Page 19 of 32 water lines; sewer line; water valves; sewer manholes; power poles; guy anchors; fire hydrant; culvert; gas riser; irrigation well; irrigation standpipe; irrigation risers; and a proposed 25' Underground Utility Easement. I. Visible and apparent easements on or across the Property herein described. J. Any portion of the Property described herein within the limits or boundaries of any public or private roadway. K. Rights and claims of tenants and parties in possession. L. A blanket garbage collection and underground utility easement; a 25' underground utility easement over and across the Western portion of the Property; no landscape planting, irrigation systems, signs or permanent mail boxes will be allowed within the road right-of-way; and a minimum floor elevation of all structures shall conform to City Code Section 6-48 and Section 21-31, as set forth on Plat recorded in Volume ( ), Page ( ) of the Real Property Records of Lubbock County, Texas. M. MLI expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the Property to a height of not exceeding the elevation established by the Airport zoning ordinance. MLI Agreement.Tyco Page 20 of 32 N. MLI expressly agrees for itself, its successors and assigns to prevent any use of the Property which would interfere with landing or taking off of aircraft at the Lubbock International Airport, or which would otherwise constitute an airport hazard. O. [Any other restrictions or covenants required by the FAA.] TO HAVE AND TO HOLD the Property, subject to the reservations and exceptions above, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. MLI Agreement.Tyco Page 21 of 32 EXECUTED the day of , 2002. GRANTOR: CITY OF LUBBOCK MARC MCDOUGAL, MAYOR STATE OF TEXAS COUNTY OF Lubbock Before me, the undersigned authority, on this day personally appeared MARC MCDOUGAL, 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 she executed the same for the purposes and considerations therein expressed, in the capacity therein stated and as the act and deed of said corporation. Given under my hand and seal of office on this day of , 2002. Notary Public in and for the State of Texas MLI Agreement.Tyco Page 22 of 32 Resolution NO. 2002—RO214 EXHIBIT "A' TO GENERAL WARRANTY DEED ["Tyco Tract'- 38.98 acre tract of land] Field notes on a 38.98 acre tract of land out of the Southwest 1/4 of Section 36, Block A, Lubbock County, Texas, said tract being part of a tract of land conveyed by Cleo Thiel and husband, Robert W. Thiel to the City of Lubbock by deed dated March 26, 1973 and recorded in Volume 1338, Page 223, Deed Records of Lubbock County and by Cleobob, Incorporated to the City of Lubbock, by deed dated March 26, 1973 and recorded in Volume 1338, Page 225, Deed Records of Lubbock County, Texas, said 38.98 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at %2 " iron rod with cap, set for the Southwest corner of this tract, being on the existing East right of way line of Interstate 27 as recorded in Volume 1383, Page 179 of the Deed Records of Lubbock County, Texas, whence a P.K. nail set for the Southwest corner of Section 36, Block A bears South 01 °23'50" East, 37.54 feet and North 88°38'32" West, 329.70 feet; (6) THENCE North 01 °23'50" West, along the existing East right of way line of Interstate 27, as recorded in Volume 1383, Page 179, a distance of 1374.33 feet to an "X" on concrete, set for a corner of this tract; (7) THENCE North 01 "27'55" East, along the existing East right of way line of Interstate 27, as recorded in Volume 1383, Page 179, a distance of 139.79 feet to a %2" iron rod with cap, set for the Northwest corner of this tract; (8) THENCE South 88°38'32" East, a distance of 1157.36 feet to a %2" iron rod with cap, set for the Northeast corner of this tract; (9) THENCE South 01°45'41" West, a distance of 1512.58 feet to a 1/2 " iron rod with cap, set for the Southeast corner of this tract; (10) THENCE North 88°38'32" West, a distance of 1080.91 feet to the point of beginning. CONTAINING an area of 38.98 acres of land. MLI Agreement.Tyco Page 23 of 32 The above described real property is also known as Lot One (1), Tyco Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded in Volume _, Page _, of the Real Property Records of Lubbock County, Texas. MLI Agreement.Tyco Page 24 of 32 Resolution No. 2002—RO214 EXHIBIT "C" TO AGREEMENT METES AND BOUNDS DESCRIPTION of a 170.53 acre tract of land located in the West Half of Section 38, Block D, Lubbock County, Texas, being further described as follows: BEGINNING at a "PK" nail found at the Southwest corner of this tract which bears N. 88033'49" W. a distance of 5287.13 feet from the Southeast corner of said Section 38; THENCE N. 1004'04" E., along the centerline of a paved county road, (old U.S. 87) a distance of 1825.72 feet to a point of intersection; THENCE Northeasterly, along said centerline, along a curve to the right, said curve having a radius of 2864.60 feet, a central angle of 10°07'00", a chord bearing of N. 6008'40" E., and a chord distance of 505.14 feet to a point of intersection; THENCE N. 11012'08" E., continuing along said centerline a distance of 309.80 feet to a point of intersection; THENCE Northeasterly, continuing along said centerline, along a curve to the left, said curve having a radius of 2864.99 feet, a central angle of 3°37' 14", a chord bearing of N.9024' 14" E., and a chord distance of 181.01 feet to a point of intersection; THENCE S. 88046'27" E., at 50.31 feet pass a 1/2" iron rod with cap found in the East right-of- way line of said county road, continuing for a total distance of 2014.38 feet to a 1/2" iron rod with cap set for the Northeast corner of this tract; THENCE S. 10 13'33" W., at 2773.02 feet pass a 1/2 " iron rod with cap found in the North right- of-way line of FM Highway No. 1294, continuing for a total distance of 2823.02 feet to a point in the South line of said Section 38; THENCE N. 88033'49" W., along the South line of said Section 38 a distance of 2649.62 feet to the Point of Beginning. Surveyed on the ground, May 22, 2002 Robert A. Christopher Registered Professional Land Surveyor No. 5167 State of Texas MLI Agreement.Tyco Page 25 of 32 Resolution No. 2002—RO214 EXHIBIT "D" TO AGREEMENT GENERAL WARRANTY DEED STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS That MARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION, a Texas not for profit corporation (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY OF LUBBOCK, a Texas home rule municipal corporation (herein called "Grantee'), P. O. Box 2000, Lubbock, TX 79457, the receipt and sufficiency of which are hereby acknowledged and confessed, subject to the exceptions, restrictions, and limitations herein, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Lubbock County, Texas described on Exhibit "A", attached hereto, together with all the rights appurtenant to said real property, and fixtures attached thereto or located thereon (the "Property"). [Insert Permitted Exceptions] TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors MLI Agreement.Tyco Page 26 of 32 and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED the day of , 2002. GRANTOR: MARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION, A Texas not -for -profit corporation 10 Name: Title: ATTEST: By: _ Name: Title: THE STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on , 2002 by Market Lubbock Economic Development Corporation, a Texas not for profit corporation. Notary Public, State of _ My commission expires: MLI Agreement.Tyco Page 27 of 32 Resolution No. 2002-R 0214 EXHIBIT "A" TO GENERAL WARRANTY DEED MLI TO COL METES AND BOUNDS DESCRIPTION of a 170.53 acre tract of land located in the West Half of Section 38, Block D, Lubbock County, Texas, being further described as follows: BEGINNING at a "PK" nail found at the Southwest corner of this tract which bears N. 88°3349" W. a distance of 5287.13 feet from the Southeast corner of said Section_ 38; THENCE N. 1004'04" E., along the centerline of a paved county road, (old U.S. 87) a distance of 1825.72 feet to a point of intersection; THENCE Northeasterly, along said centerline, along a curve to the right, said curve having a radius of 2864.60 feet, a central angle of 10'07'00", a chord bearing of N. 6°08'40" E., and a chord distance of 505.14 feet to a point of intersection; THENCE N. 11012'08" E., continuing along said centerline a distance of 309.80 feet to a point of intersection; THENCE Northeasterly, continuing along said centerline, along a curve to the left, said curve having a radius of 2864.99 feet, a central angle of 3 °37' 14", a chord bearing of N.9°24' 14" E., and a chord distance of 181.01 feet to a point of intersection; THENCE S. 88046'27" E., at 50.31 feet pass a 1/2" iron rod with cap found in the East right-of- way line of said county road, continuing for a total distance of 2014.38 feet to a 1/2" iron rod with cap set for the Northeast corner of this tract; THENCE S. 1013'33" W., at 2773.02 feet pass a 1/2 " iron rod with cap found in the North right- of-way line of FM Highway No. 1294, continuing for a total distance of 2823.02 feet to a point in the South line of said Section 38; THENCE N. 88033'49" W., along the South line of said Section 38 a distance of 2649.62 feet to the Point of Beginning. Surveyed on the ground, May 22, 2002 Robert A. Christopher Registered Professional Land Surveyor No. 5167 State of Texas MLI Agreement.Tyco Page 28 of 32 Resolution No. 2002—R 0214 EXHIBIT "E" To AGREEMENT BILL OF SALE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK § The undersigned, City of Lubbock, a Home Rule Municipal Corporation (the "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by Market Lubbock Economic Development Corporation, a Texas not for profit corporation ("the Grantee"), the receipt and sufficiency of which are hereby acknowledged, has BARGAINED, SOLD and CONVEYED and by these presents, does BARGAIN, SELL and CONVEY unto Grantee, all of Grantor's right, title, and interest, if any, to the FAA Hangar only, located at 310 East Edinboro Street and incorporated herein (the "Improvements"). TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the Improvements unto said Grantee and Grantee's successors and assigns forever, so that neither Grantor nor Grantor's successors and assigns shall have, claim or demand any right or title to the Improvements. THE CONVEYANCE OF THE IMPROVEMENTS IS ON A "WHERE IS", "AS IS" AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO TITLE, DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE IMPROVEMENTS, QUALITY, VALUE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR OTHERWISE. MLI Agreement.Tyco Page 29 of 32 Effective this day of 2002. GRANTOR: CITY OF LUBBOCK MARC MCDOUGAL, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Debra Forte, Deputy City Manager APPROVED AS TO FORM: Richard Casner, Natural Resources Attorney GRANTEE: MARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION, A Texas not -for -profit corporation By: _ Name: Title: ATTEST: By: Name: Title: MLI Agreement.Tyco Page 30 of 32 Resolution No. 2002—RO214 EXHIBIT "F" To AGREEMENT The North One Hundred Thirty -One and Eleven one -hundredth (131.11) acres of that certain 301.648 acre tract more particularly described in that certain Warranty Deed, dated on or before May 30, 2001, from Robert A. Gentry, a single man, Lindsey Gentry, a single woman, and Bruce Davis Gentry, a single man, Individually and as Independent Administrator for the Estate of Bruce E. Gentry, Jr., Deceased, to Market Lubbock Economic Development Corporation, recorded in Volume 7108, Page 73, of the Real Property Records of Lubbock County, Texas. MLUTyco/Agreement.Short514.redline.aceptd May 17, 2002 MLI Agreement.Tyco Page 31 of 32 Resolution No. 2002-RO214 EXHIBIT "G" to AGREEMENT Depiction of Roadway Route to be Constructed i u� .e ' Beck Garza Ci Secrets Files - ,. - ...s ta. Pa e 1 " From: Richard Casner To: Katherine Egger Date: 6/24/02 10:23AM Subject: City Secretary Files K- Please get with Becky to do the following to complete the City's files re the Tyco/MLI deal: 1. Please put a photocopy of the General Warranty Deed and Ratification of General Warranty Deed and Resolution re same re same in the file containing the Agreement between the City and MLI regarding all of the relative exchanges between them. 2. Please put a photocopy of the Agreement and Resolution re same and General Warranty Deed set forth in #1 above in the file containing the Ratification of General Warranty Deed and Resolution re same Deed discussed in #1 above. Thanks-RKC CC: Becky Garza; Don Vandiver GENERAL WARRANTY DEED STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS That CITY OF LUBBOCK, a Texas home rule municipal corporation (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the MARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION, d/b/a/ MARKET LUBBOCK, INC., a Texas not -for -profit corporation (herein called "Grantee"), 1301 Broadway, Suite 200, Lubbock, TX, 79401, the receipt and sufficiency of which are hereby acknowledged and confessed, subject.to the exceptions, restrictions, and limitations herein, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee the surface estate only of all the real property in Lubbock County, Texas described on Exhibit "A", attached hereto, together with all the rights appurtenant to said real property, and fixtures attached thereto or located thereon (the "Property"). Grantor hereby reserves to itself, its successors and assigns, all oil, gas, and other minerals in, on and under and that may be produced from the Property. Grantor covenants, for itself, its mineral lessees, successors and assigns, that it will conduct all surface operations upon the Property in a manner so as not to unreasonably interfere with the improvements, roadways and utilities located thereon. Further, Grantor reserves unto itself, its successors and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the surface of the Property, together with the MLI General Warranty Deed Pagel of S right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the Lubbock international Airport. Exceptions to Conveyance and Warranty and Covenants of Grantee: Validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests outstanding in persons other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; taxes for 2002, which Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes. Without limiting the general nature of the above, this conveyance and warranty is subject to the following specific exceptions: 1. The following restrictive covenants of record itemized below : Volume 679, Page 643, Deed Records of Lubbock County, Texas, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent MLI General Warranty Deed Page 2 of 8 that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachment or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. 4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or C. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 2002, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership MLI General Warranty Deed Page 3 of 8 previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters: A. Right -of -Way from A. E. Griffis, as grantor, to N. K. Moody, Trustee, as grantee, dated May 24, 1926 and recorded in Volume 123, Page 345 of the Deed Records of Lubbock County, Texas, and as affected by that certain Assignment recorded in Volume 154, Page 37 of the Deed Records of Lubbock County, Texas, and as affected by Evidence of Assignment or Merger or Name Change recorded in Volume 767, Page 21 of the Deed Records of Lubbock County, Texas. B. Right -of -Way from W. J. Thiel, et al., grantors, to Stanolind Pipe Line Company, grantee, dated October 29, 1947 and recorded in Volume 355, Page 639 of the Deed Records of Lubbock County, Texas. C. Power Line Easement as set forth in that certain instrument dated August 6, 1959 and recorded in Volume 754, Page 409 of the Deed Records of Lubbock County, Texas. D. Right -of -Way Easement from A. E. Griffis, grantor, to South Plains Electric Cooperative, Inc., grantee, dated February 10, 1938 and recorded in Volume 754, Page 431 of the Deed Records of Lubbock County, Texas. MLI General Warranty Deed Page 4 of 8 E. Right -of -Way from A. E. Griffis, grantor, to J. H. Felton, grantee, dated August 2, 1939 and recorded in Volume 239, Page 120 of the Deed Records of Lubbock County, Texas, and also subject to the West Texas Gas Company main line as evidenced by this instrument. F. Subject to easements granted to Southwestern Bell Telephone Company and Southwestern Public Service Company, as evidenced by instruments respectively recorded in Volume 741, Page 507 and Volume 731, Page 221 of the Deed Records of Lubbock County, Texas. G. Subject to the terms, provisions and conditions of that certain Resolution, recorded in Volume 679, Page 643 of the Deed Records of Lubbock County, Texas, and also subject to the Runway Protection Zone, as evidenced by that certain instrument recorded in Volume 5042, Page 49 of the Real Property Records of Lubbock County, Texas. H. Subject to everything as shown on that certain Survey dated April 12, 2002, prepared by Gary D. Wilson, Registered Professional Land Surveyor, No 4239, State of Texas, including but not limited to overhead electric lines; telephone riser; gas vent; gas meter, underground gas line; water lines; sewer line; water valves; sewer manholes; power poles; guy anchors; fire hydrant; culvert; gas riser; MLI General Warranty Deed Page 5 of 8 irrigation well; irrigation standpipe; irrigation risers; and a proposed 25' Underground Utility Easement. I. Visible and apparent easements on or across the Property herein described. J. Any portion of the Property described herein within the limits or boundaries of any public or private roadway. K. Rights and claims of tenants and parties in possession. L. Grantee expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the Property to a height of not exceeding the elevation established by the Airport zoning ordinance. M. Grantee expressly agrees for itself, its successors and assigns to prevent any use of the Property which would interfere with landing or taking off of aircraft at the Lubbock International Airport, or which would otherwise constitute an airport hazard. TO HAVE AND TO HOLD the Property, subject to the reservations and exceptions above, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim MLI General Warranty Deed Page 6 of 8 the same or any part thereof. EXECUTED the �'�i_ day of wine , 2002. GRANTOR: ATTEST: Gwn.,"W. Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 12 Quincy White,&isistant City Manager APPROVED AS TO FORM: Richard Casner, Natural Resources Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § MAYOR This instrument was acknowledged before me on June yam, 2002, by MARC MCDOUGAL, Mayor of the City of Lubbock, a Texas home rule municipal corporation. ffNotary �Notary Public in and for the State of Texas KATHERINE EGGERStMe of TexasMy commission expires Expires MLI General Warranty Deed Page 7 of 8 EXHIBIT "A' TO GENERAL WARRANTY DEED ["Tyco Tract" - 38.98 acre tract of land] Field notes on a 38.98 acre tract of land out of the Southwest'/4 of Section 36, Block A, Lubbock County, Texas, said tract being part of a tract of land conveyed by Cleo Thiel and husband, Robert W. Thiel to the City of Lubbock by deed dated March 26, 1973 and recorded in Volume 1338, Page 223, Deed Records of Lubbock County and by Cleobob, Incorporated to the City of Lubbock, by deed dated March 26, 1973 and recorded in Volume 1338, Page 225, Deed Records of Lubbock County, Texas, said 38.98 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at %2 " iron rod with cap, set for the Southwest corner of this tract, being on the existing East right of way line of Interstate 27 as recorded in Volume 1383, Page 179 of the Deed Records of Lubbock County, Texas, whence a P.K. nail set for the Southwest corner of Section 36, Block A bears South 01'23'50" East, 37.54 feet and North 88"38'32" West, 329.70 feet; (1) THENCE North 01°23'50" West, along the existing East right of way line of Interstate 27, as recorded in Volume 1383, Page 179, a distance of 1374.33 feet to an "X" on concrete, set for a corner of this tract; (2) THENCE North 01'27'55" East, along the existing East right of way line of Interstate 27, as recorded in Volume 1383, Page 179, a distance of 139.79 feet to a %z" iron rod with cap, set for the Northwest corner of this tract; (3) THENCE South 88'38'32" East, a distance of 1157.36 feet to a %Z" iron rod with cap, set for the Northeast corner of this tract; (4) THENCE South 01'45'41" West, a distance of 1512.58 feet to a %Z " iron rod with cap, set for the Southeast corner of this tract; (5) THENCE North 88°38'32" West, a distance of 1080.91 feet to the point of beginning. CONTAINING an area of 38.98 acres of land. Ucityatt/R.ichard/M Li.Tyco.GW DforRatification June 5, 2002 MLI General Warranty Deed Page 8 of 8 Resolution No. 2002-RO214 May 23, 2002 Item No. 51 RESOLUTION 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 an Agreement by and between the City of Lubbock and Market Lubbock Economic Development Corporation (MLI), providing for the exchange of certain real property located on and/or in the vicinity to the Lubbock International Airport and certain services to be performed by MLI regarding said exchange. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: — IA" a'/ �& / - De ra Forte, Deputy City Manager APPROVED AS TO FORM: -- /'e� -'� ---, ---14 Richard K. Casner Natural Resources Attorney RKC:da/ccdocs/M d-propertyLIA.res May 17, 2002 No Text Resolution No. 2002—RO214 May 23, 2002 Item No. 51 AGREEMENT THIS AGREEMENT dated this 23rd day of May, 2002, is by and between the City of Lubbock, Texas, a Texas home -rule municipal corporation (the "City") and Market Lubbock Economic Development Corporation, a Texas not -for -profit corporation WITNESSETH WHEREAS, the City owns certain property located on or in the vicinity of the Lubbock International Airport (the "Lubbock Properties"); WHEREAS, MLI desires to own and/or otherwise utilize some of the Lubbock Properties in its efforts for economic development within the City; WHEREAS, MLI owns certain property that the City desires to own and is capable of performing certain services (collectively the "MLI Property and Services") that are useful to the City; WHEREAS, the City desires to exchange the Lubbock Properties to MLI, in exchange for the MLI Properties and Services, upon the terms and conditions set forth below. NOW THEREFORE, the City and MLI agree as follows: MLI Agreement.Tyco Page 1 of 32 No Text 1. On or before June 1, 2002, the City shall convey the surface estate only of that certain 38.98 acre tract of land (the "Tyco Tract"), as depicted in Exhibit "A" attached hereto, to MLI, by General Warranty Deed in the form attached hereto as Exhibit `B" . The City shall further reserve unto itself, its successors and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the surface of the Tyco Tract, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the Lubbock International Airport. The value of the Tyco Tract, as determined by that certain Appraisal prepared by Merle N. Blosser, and datedApril 1, 2002, is One Hundred Thirty -Six Thousand Four Hundred Thirty and No/100 Dollars ($136,430.00). The conveyance set forth above is subject to the following conditions precedent: a) The City shall furnish to MLI a Commitment for Owner's Policy of Title Insurance subject to the promulgated exclusions and the following exceptions and covenants: 1.) The following restrictive covenants of record itemized below : Volume 679, Page 643, Deed Records of Lubbock County, Texas, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless MLI Agreement.Tyco Page 2 of 32 No Text and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons. 2.) Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachment or protrusions, or any overlapping of improvements. 3.) Homestead or community property or survivorship rights, if any of any spouse of any insured. 4.) Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or C. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or MLI Agreement.Tyco Page 3 of 32 No Text e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5.) Standby fees, taxes and assessments by any taxing authority for the year 2002, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership previous tax year. 6.) The following matters and all terms of the documents creating or offering evidence of the matters: A. Right -of -Way from A E. Griffis, as grantor, to N.K. Moody, Trustee, as grantee, dated May 24, 1926 and recorded in Volume 123, Page 345 of the Deed Records of Lubbock County, Texas, and as affected by that certain Assignment recorded in Volume 154, Page 37 of the Deed Records of Lubbock County, Texas, and as affected by Evidence of Assignment or Merger or Name Change recorded in Volume 767, Page 21 of the Deed Records of Lubbock County, Texas. B. Right -of -Way from W.J. Thiel, et al., grantors, to Stanolind Pipe Line Company, grantee, dated October 29, 1947 and recorded in Volume 355, Page 639 of the Deed Records of Lubbock County, Texas. MLI Agreement.Tyco Page 4 of 32 No Text C. Power Line Easement as set forth in that certain instrument dated August 6, 1959 and recorded in Volume 754, Page 409 of the Deed Records of Lubbock County, Texas. D. Right -of -Way Easement from A. E. Griffis, grantor, to South Plains Electric Cooperative, Inc., grantee, dated February 10, 1938 and recorded in Volume 754, Page 431 of the Deed Records of Lubbock County, Texas. E. Right -of -Way from A. E. Griffis, grantor, to J.H. Felton, grantee, dated August 2, 1939 and recorded in Volume 239, Page 120 of the Deed Records of Lubbock County, Texas, and also subject to the West Texas Gas Company main line as evidenced by this instrument. F. Subject to easements granted to Southwestern Bell Telephone Company and Southwestern Public Service Company, as evidenced by instruments respectively recorded in Volume 741, Page 507 and Volume 731, Page 221 of the Deed Records of Lubbock County, Texas. G. Subject to the terms, provisions and conditions of that certain Resolution, recorded in Volume 679, Page 643 of the Deed Records of Lubbock County, Texas, and also subject to the Runway Protection Zone, as evidenced by that certain instrument recorded in Volume 5042, Page 49 MLI Agreement.Tyco Page 5 of 32 No Text of the Real Property Records of Lubbock County, Texas. H. Subject to everything as shown on that certain Survey dated May 6, 2002, prepared by Gary D. Wilson, Registered Professional Land Surveyor, No 4239, State of Texas, including but not limited to overhead electric lines; telephone riser; gas vent; gas meter; underground gas line; water lines; sewer line; water valves; sewer manholes; power poles; guy anchors; fire hydrant; culvert; gas riser; irrigation well; irrigation standpipe; irrigation risers; and a proposed 25' Underground Utility Easement. I. Visible and apparent easements on or across the Property herein described. J. Any portion of the Property described herein within the limits or boundaries of any public or private roadway. K. Rights and claims of tenants and parties in possession. L. A blanket garbage collection and underground utility easement; a 25' underground utility easement over and across the Western portion of the Tyco Tract; no landscape planting, irrigation systems, signs or permanent mail boxes will be allowed within the road right-of-way; and a minimum floor elevation of all structures shall conform to City Code Section 6-48 and Section 21-31, as MLI Agreement.Tyco Page 6 of 32 No Text set forth on Plat recorded in Volume ( ), Page ( ) of the Real Property Records of Lubbock County, Texas. M. MLI expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the real property described hereinabove to a height of not exceeding the elevation established by the Airport zoning ordinance. N. MLI expressly agrees for itself, its successors and assigns to prevent any use of the Tyco Tract which would interfere with landing or taking off of aircraft at the Lubbock International Airport, or which would otherwise constitute an airport hazard. O. [Any other restrictions or covenants required by the FAA, as defined below.] (b) The City shall have been provided satisfactory evidence of approval of the above described conveyance by the Federal Aviation Administration (FAA). MLI agrees that the above described conveyance shall be subject to any and all covenants or restrictions requested by the FAA. In exchange for the grant of the Tyco Tract to MLI, MLI on or before August 1, 2002, shall convey that certain 170.53 acre tract of land, as described in Exhibit "C" , attached hereto, to the City, by General Warranty Deed in the from attached hereto as Exhibit "D" (the "MLI Tract"). The value of the MLI Tract, as determined by that certain Appraisal prepared by Merle N. Blosser, and dated MLI Agreement.Tyco Page 7 of 32 No Text March 29, 2001, is One Hundred Thirty Six Thousand Four Hundred Thirty and No/100 Dollars ($136, 430.00). The conveyance set forth above is subject to the following conditions precedent: a) MLI shall furnish to City an Owners Policy of Title Insurance subject to: 1) Restrictive Covenants. 2) The standard printed exception for standby fees, taxes and assessments. 3) Utility easements, rights -of -way, roadways, and irrigation facilities. 4) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions or any overlapping improvements. 5) The standard printed exception as to marital and homestead rights. 6) Rights and duties of tenants and parties in possession. In the event any of said exceptions shall unreasonably interfere with the City's contemplated use of the lands, in the City's sole and absolute discretion, the City may require same to be deleted as an exception. 2. On or before October 1, 2002, the City will assign a certain facility known as the "FAA Hangar" (herein so called) located at the address of 310 East Edinboro Street, by Bill of Sale in the form attached as Exhibit "B". The value of the FAA MLI Agreement.Tyco Page 8 of 32 No Text Hangar, as personal property, as determined by that certain Appraisal prepared by Merle N. Blosser, dated May 18, 1998, is Five Hundred Ninety -Five Thousand and No/100 Dollars ($595,000.00). Further, the City shall grant a lease to MLI, as provided by the City on terms prescribed by the City, in its sole discretion, within said period of time, covering the real property wherein said FAA Hangar is located, and said additional lands as determined solely by the City of Lubbock and providing that City may allow the FAA Hangar to remain on said Hangar Tract for a period of forty (40) years, after which the FAA Hangar shall be disposed of as set forth in the attached Lease. As consideration for, and in exchange of, MLI shall, within the times described below: (a) On or before October 1, 2002, convey to the City that certain One Hundred Thirty One and eleven one -hundredth (131.11) acre tract (the "131 Acre Tract"), more or less, as approximately depicted on Exhibit "F" attached hereto, by General Warranty Deed acceptable to the City. The value of the 131 Acre Tract, as determined by that certain Appraisal prepared by Merle N. Blosser, and dated March 29, 2001, is One Hundred Four Thousand Eight Hundred Eighty - Eight and No/100 Dollars($104,888.00). (b) On or before August 1, 2002, construct a roadway, constructed in compliance with all ordinances and rules of the City of Lubbock, including without limitation, the Lubbock Code of Ordinances, as applicable for public roadways, with paved surface forty-three feet MLI Agreement.Tyco Page 9 of 32 No Text (43') in width, and with a sixty feet (60') width right-of-way, along the route approximately depicted on Exhibit "G" attached hereto. The roadway, as evaluated by the City, is Four Hundred Thirty - Five Thousand and No/100 Dollars ($435,000.00). (c) Within two (2) years, perform MLI related economic development projects approved by the City on Lubbock International Airport property, valued at Fifty -Eight Thousand One Hundred Twelve and No/100 Dollars ($58,112.00), as set forth in a certified appraisal, or as approved and evaluated by the City. 3. MLI and City agree to cooperate fully and utilize all reasonable efforts to carry out the purpose and intent of this Agreement. Each party agrees to take such future actions and execute such additional documents as may be required or appropriate to give full force and effect to this Agreement. 4. If any default or performance of any covenant, condition, or term of this Agreement is delayed by reason of war, civil commotion, act of God, governmental restriction, regulation or interference, fire or other casualty, or any other circumstances beyond MLI's or the City's control, then the duty to do or perform a term, condition, or covenant, regardless of whether the circumstances similar to those enumerated or not, is excused during the force majeure period. 5. The City shall be under no obligation to convey the Tyco Tract to MLI unless and until it shall have received, in form and substance satisfactory to City, consent and authorization to convey the Tyco Tract to MLI by the Federal Aviation MLI Agreement.Tyco Page 10 of 32 No Text Administration of the United States of America (the "FAA"). In the event the City shall not have received such consent and authorization by July 1, 2002, this Agreement shall be void and the City and MLI shall have no further obligation, one to the other, under this Agreement. This Agreement is entered into and executed on this 23rd day of May , 2002. CITY OF ATTEST: cQnA�—�, -'- --C�� Rebecca Garza, City Secretary APPROVED AS TO CONTENT: /b lw) oAttt r Debra Forte', Deputy City Manager APPROVED AS TO FORM: Richard Casner Natural Resources Attorney AL, MAYOR MLI Agreement.Tyco Page 11 of 32 No Text MARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION, A Texas not -for -profit corporation By: Name: T. Mike Field Title: Chairman ATTEST: Name: Jane Anne Stinnett Title: Secretary MLI Agreement.Tyco Page 12 of 32 No Text Resolution No. 2002—RO214 EXHIBIT "A" TO AGREEMENT ["Tyco Tract" - 38.98 acre tract of land] Field notes on a 38.98 acre tract of land out of the Southwest'/4 of Section 36, Block A, Lubbock County, Texas, said tract being part of a tract of land conveyed by Cleo Thiel and husband, Robert W. Thiel to the City of Lubbock by deed dated March 26, 1973 and recorded in Volume 1338, Page 223, Deed Records of Lubbock County and by Cleobob, Incorporated to the City of Lubbock, by deed dated March 26, 1973 and recorded in Volume 1338, Page 225, Deed Records of Lubbock County, Texas, said 38.98 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at %z " iron rod with cap, set for the Southwest corner of this tract, being on the existing East right of way line of Interstate 27 as recorded in Volume 1383, Page 179 of the Deed Records of Lubbock County, Texas, whence a P.K. nail set for the Southwest corner of Section 36, Block A bears South 01 °23'50" East, 37.54 feet and North 88°38'32" West, 329.70 feet; (1) THENCE North 01°23'50" West, along the existing East right of way line of Interstate 27, as recorded in Volume 1383, Page 179, a distance of 1374.33 feet to an "X" on concrete, set for a corner of this tract; (2) THENCE North 01 °27'55" East, along the existing East right of way line of Interstate 27, as recorded in Volume 1383, Page 179, a distance of 139.79 feet to a %Z" iron rod with cap, set for the Northwest corner of this tract; (3) THENCE South 88°38'32" East, a distance of 1157.36 feet to a'/z" iron rod with cap, set for the Northeast corner of this tract; (4) THENCE South 01 °45'41" West, a distance of 1512.58 feet to a'/z " iron rod with cap, set for the Southeast corner of this tract; (5) THENCE North 88°38'32" West, a distance of 1080.91 feet to the point of beginning. CONTAINING an area of 38.98 acres of land. MLI Agreement.Tyco Page 13 of 32 No Text The above described real property is also known as Lot One (1), Tyco Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded in Volume _, Page _, of the Real Property Records of Lubbock County, Texas. MLI Agreement.Tyco Page 14 of 32 No Text Resolution No. 2002—R0214 EXHIBIT "B" TO AGREEMENT GENERAL WARRANTY DEED STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS That CITY OF LUBBOCK, a Texas home rule municipal corporation (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the MARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION, a Texas not - for -profit organization (herein called "Grantee"), P. O. Box , Lubbock, TX , the receipt and sufficiency of which are hereby acknowledged and confessed, subject to the exceptions, restrictions, and limitations herein, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee the surface estate only of all the real property in Lubbock County, Texas described on Exhibit "A", attached hereto, together with all the rights appurtenant to said real property, and fixtures attached thereto or located thereon (the "Property"). Grantor hereby reserves to itself, its successors and assigns, all oil, gas, and other minerals in, on and under and that may be produced from the Property. Grantor covenants, for itself, its mineral lessees, successors and assigns, that it will conduct all surface operations upon the Property in a manner so as not to unreasonably interfere with the improvements, roadways and utilities located thereon. Further, Grantor reserves unto MLI Agreement.Tyco Page 15 of 32 No Text itself, its successors and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the surface of the Property, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the Lubbock International Airport. Exceptions to Conveyance and Warranty and Covenants of Grantee: Validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests outstanding in persons other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; taxes for 2002, which Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes. Without limiting the general nature of the above, this conveyance and warranty is subject to the following specific exceptions: 1. The following restrictive covenants of record itemized below : Volume 679, Page 643, Deed Records of Lubbock County, Texas, but omitting any covenant or restriction based on race, color, MLI Agreement.Tyco Page 16 of 32 No Text religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachment or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. 4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or C. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year MLI Agreement.Tyco Page 17 of 32 No Text 2002, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters: A. Right -of -Way from A E. Griffis, as grantor, to N.K. Moody, Trustee, as grantee, dated May 24, 1926 and recorded in Volume 123, Page 345 of the Deed Records of Lubbock County, Texas, and as affected by that certain Assignment recorded in Volume 154, Page 37 of the Deed Records of Lubbock County, Texas, and as affected by Evidence of Assignment or Merger or Name Change recorded in Volume 767, Page 21 of the Deed Records of Lubbock County, Texas. B. Right -of -Way from W.J. Thiel, et al., grantors, to Stanolind Pipe Line Company, grantee, dated October 29, 1947 and recorded in Volume 355, Page 639 of the Deed Records of Lubbock County, Texas. C. Power Line Easement as set forth in that certain instrument dated August 6, 1959 and recorded in Volume 754, Page 409 of the Deed Records of Lubbock County, Texas. D. Right -of -Way Easement from A. E. Griffis, grantor, to South Plains Electric Cooperative, Inc., grantee, dated MLI Agreement.Tyco Page 18 of 32 No Text February 10, 1938 and recorded in Volume 754, Page 431 of the Deed Records of Lubbock County, Texas. E. Right -of -Way from A. E. Griffis, grantor, to J.H. Felton, grantee, dated August 2, 1939 and recorded in Volume 239, Page 120 of the Deed Records of Lubbock County, Texas, and also subject to the West Texas Gas Company main line as evidenced by this instrument. F. Subject to easements granted to Southwestern Bell Telephone Company and Southwestern Public Service Company, as evidenced by instruments respectively recorded in Volume 741, Page 507 and Volume 731, Page 221 of the Deed Records of Lubbock County, Texas. G. Subject to the terms, provisions and conditions of that certain Resolution, recorded in Volume 679, Page 643 of the Deed Records of Lubbock County, Texas, and also subject to the Runway Protection Zone, as evidenced by that certain instrument recorded in Volume 5042, Page 49 of the Real Property Records of Lubbock County, Texas. H. Subject to everything as shown on that certain Survey dated May 6, 2002, prepared by Gary D. Wilson, Registered Professional Land Surveyor, No 4239, State of Texas, including but not limited to overhead electric lines; telephone riser; gas vent; gas meter; underground gas line; MLI Agreement.Tyco Page 19 of 32 No Text water lines; sewer line; water valves; sewer manholes; power poles; guy anchors; fire hydrant; culvert; gas riser; irrigation well; irrigation standpipe; irrigation risers; and a proposed 25' Underground Utility Easement. I. Visible and apparent easements on or across the Property herein described. J. Any portion of the Property described herein within the limits or boundaries of any public or private roadway. K. Rights and claims of tenants and parties in possession. L. A blanket garbage collection and underground utility easement; a 25' underground utility easement over and across the Western portion of the Property; no landscape planting, irrigation systems, signs or permanent mail boxes will be allowed within the road right-of-way; and a minimum floor elevation of all structures shall conform to City Code Section 6-48 and Section 21-31, as set forth on Plat recorded in Volume ( ), Page ( ) of the Real Property Records of Lubbock County, Texas. M. MLI expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the Property to a height of not exceeding the elevation established by the Airport zoning ordinance. MLI Agreement.Tyco Page 20 of 32 No Text N. MLI expressly agrees for itself, its successors and assigns to prevent any use of the Property which would interfere with landing or taking off of aircraft at the Lubbock International Airport, or which would otherwise constitute an airport hazard. O. [Any other restrictions or covenants required by the FAA.] TO HAVE AND TO HOLD the Property, subject to the reservations and exceptions above, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. MLI Agreement.Tyco Page 21 of 32 No Text EXECUTED the day of , 2002. GRANTOR: CITY OF LUBBOCK MARC MCDOUGAL, MAYOR STATE OF TEXAS § COUNTY OF Lubbock § Before me, the undersigned authority, on this day personally appeared MARC MCDOUGAL, 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 she executed the same for the purposes and considerations therein expressed, in the capacity therein stated and as the act and deed of said corporation. Given under my hand and seal of office on this day of , 2002. Notary Public in and for the State of Texas MLI Agreement.Tyco Page 22 of 32 No Text Resolution NO. 2002—RO214 EXHIBIT "A' TO GENERAL WARRANTY DEED ["Tyco Tract" - 38.98 acre tract of land] Field notes on a 38.98 acre tract of land out of the Southwest'/4 of Section 36, Block A, Lubbock County, Texas, said tract being part of a tract of land conveyed by Cleo Thiel and husband, Robert W. Thiel to the City of Lubbock by deed dated March 26, 1973 and recorded in Volume 1338, Page 223, Deed Records of Lubbock County and by Cleobob, Incorporated to the City of Lubbock, by deed dated March 26, 1973 and recorded in Volume 1338, Page 225, Deed Records of Lubbock County, Texas, said 38.98 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at %2 " iron rod with cap, set for the Southwest corner of this tract, being on the existing East right of way line of Interstate 27 as recorded in Volume 1383, Page 179 of the Deed Records of Lubbock County, Texas, whence a P.K. nail set for the Southwest corner of Section 36, Block A bears South 01°23'50" East, 37.54 feet and North 88°38'32" West, 329.70 feet; (6) THENCE North 01 °23'50" West, along the existing East right of way line of Interstate 27, as recorded in Volume 1383, Page 179, a distance of 1374.33 feet to an "X" on concrete, set for a corner of this tract; (7) THENCE North 01 °27'55" East, along the existing East right of way line of Interstate 27, as recorded in Volume 1383, Page 179, a distance of 139.79 feet to a %2" iron rod with cap, set for the Northwest corner of this tract; (8) THENCE South 88°38'32" East, a distance of 1157.36 feet to a %2" iron rod with cap, set for the Northeast corner of this tract; (9) THENCE South 01°45'41" West, a distance of 1512.58 feet to a %2 " iron rod with cap, set for the Southeast corner of this tract; (10) THENCE North 88°38'32" West, a distance of 1080.91 feet to the point of beginning. CONTAINING an area of 38.98 acres of land. MLI Agreement.Tyco Page 23 of 32 No Text The above described real property is also known as Lot One (1), Tyco Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded in Volume _, Page _, of the Real Property Records of Lubbock County, Texas. MLI Agreement.Tyco Page 24 of 32 No Text Resolution No. 2002—A0214 EXHIBIT "C" TO AGREEMENT METES AND BOUNDS DESCRIPTION of a 170.53 acre tract of land located in the West Half of Section 38, Block D, Lubbock County, Texas, being further described as follows: BEGINNING at a "PK" nail found at the Southwest corner of this tract which bears N. 88°33'49" W. a distance of 5287.13 feet from the Southeast corner of said Section 38; THENCE N. 1004'04" E., along the centerline of a paved county road, (old U.S. 87) a distance of 1825.72 feet to a point of intersection; THENCE Northeasterly, along said centerline, along a curve to the right, said curve having a radius of 2864.60 feet, a central angle of 10°07'00", a chord bearing of N. 6008'40" E., and a chord distance of 505.14 feet to a point of intersection; THENCE N. 110 12'08" E., continuing along said centerline a distance of 309.80 feet to a point of intersection; THENCE Northeasterly, continuing along said centerline, along a curve to the left, said curve having a radius of 2864.99 feet, a central angle of 3037'14", a chord bearing ofN.9°24'14" E., and a chord distance of 181.01 feet to a point of intersection; THENCE S. 88046'27" E., at 50.31 feet pass a 1/2" iron rod with cap found in the East right-of- way line of said county road, continuing for a total distance of 2014.38 feet to a 1/2" iron rod with cap set for the Northeast corner of this tract; THENCE S. 1013'33" W., at 2773.02 feet pass a 1/2 " iron rod with cap found in the North right- of-way line of FM Highway No. 1294, continuing for a total distance of 2823.02 feet to a point in the South line of said Section 38; THENCE N. 88033'49" W., along the South line of said Section 38 a distance of 2649.62 feet to the Point of Beginning. Surveyed on the ground, May 22, 2002 Robert A. Christopher Registered Professional Land Surveyor No. 5167 State of Texas MLI Agreement.Tyco Page 25 of 32 No Text Resolution No. 2002—RO214 EXHIBIT "D" TO AGREEMENT GENERAL WARRANTY DEED STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS That MARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION, a Texas not for profit corporation (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY OF LUBBOCK, a Texas home rule municipal corporation (herein called "Grantee"), P. O. Box 2000, Lubbock, TX 79457, the receipt and sufficiency of which are hereby acknowledged and confessed, subject to the exceptions, restrictions, and limitations herein, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Lubbock County, Texas described on Exhibit "A", attached hereto, together with all the rights appurtenant to said real property, and fixtures attached thereto or located thereon (the "Property"). [Insert Permitted Exceptions] TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors MLI Agreement.Tyco Page 26 of 32 No Text and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED the day of , 2002. GRANTOR: MARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION, A Texas not -for -profit corporation By: _ Name: Title: ATTEST: By: Name: Title: THE STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on , 2002 by Market Lubbock Economic Development Corporation, a Texas not for profit corporation. Notary Public, State of _ My commission expires: MLI Agreement -Tyco Page 27 of 32 No Text Resolution No. 2002-R 0214 EXHIBIT "A" TO GENERAL WARRANTY DEED MLI TO COL METES AND BOUNDS DESCRIPTION of a 170.53 acre tract of land located in the West Half of Section 38, Block D, Lubbock County, Texas, being further described as follows: BEGINNING at a "PK" nail found at the Southwest corner of this tract which bears N. 88°33'49" W. a distance of 5287.13 feet from the Southeast corner of said Section. 38; THENCE N. 1 °04'04" E., along the centerline of a paved county road, (old U.S. 87) a distance of 1825.72 feet to a point of intersection; THENCE Northeasterly, along said centerline, along a curve to the right, said curve having a radius of 2864.60 feet, a central angle of 10'07'00", a chord bearing of N. 6°08'40" E., and a chord distance of 505.14 feet to a point of intersection; THENCE N. 11012'08" E., continuing along said centerline a distance of 309.80 feet to a point of intersection; THENCE Northeasterly, continuing along said centerline, along a curve to the left, said curve having a radius of 2864.99 feet, a central angle of 3°37' 14", a chord bearing of N.9°24' 14" E., and a chord distance of 181.01 feet to a point of intersection; THENCE S. 88046'27" E., at 50.31 feet pass a 1/2" iron rod with cap found in the East right-of- way line of said county road, continuing for a total distance of 2014.38 feet to a 1/2" iron rod with cap set for the Northeast corner of this tract; THENCE S. 10 13'33" W., at 2773.02 feet pass a 1/2 " iron rod with cap found in the North right- of-way line of FM Highway No. 1294, continuing for a total distance of 2823.02 feet to a point in the South line of said Section 38; THENCE N. 88033'49" W., along the South line of said Section 38 a distance of 2649.62 feet to the Point of Beginning. Surveyed on the ground, May 22, 2002 Robert A. Christopher Registered Professional Land Surveyor No. 5167 State of Texas MLI Agreement.Tyco Page 28 of 32 No Text I I I Resolution No. 2002—R 0214 EXHIBIT "E" To AGREEMENT BILL OF SALE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK § The undersigned, City of Lubbock, a Home Rule Municipal Corporation (the "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by Market Lubbock Economic Development Corporation, a Texas not for profit corporation ("the Grantee"), the receipt and sufficiency of which are hereby acknowledged, has BARGAINED, SOLD and CONVEYED and by these presents, does BARGAIN, SELL and CONVEY unto Grantee, all of Grantor's right, title, and interest, if any, to the FAA Hangar only, located at 310 East Edinboro Street and incorporated herein (the "Improvements"). TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the Improvements unto said Grantee and Grantee's successors and assigns forever, so that neither Grantor nor Grantor's successors and assigns shall have, claim or demand any right or title to the Improvements. THE CONVEYANCE OF THE IMPROVEMENTS IS ON A "WHERE IS", "AS IS" AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO TITLE, DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE IMPROVEMENTS, QUALITY, VALUE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR OTHERWISE. MLI Agreement.Tyco Page 29 of 32 No Text Effective this day of 2002. GRANTOR: CITY OF LUBBOCK MARC MCDOUGAL, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Debra Forte, Deputy City Manager APPROVED AS TO FORM: Richard Casner, Natural Resources Attorney GRANTEE: MARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION, A Texas not -for -profit corporation By: _ Name: Title: ATTEST: By: Name: Title: MLI Agreement.Tyco Page 30 of 32 No Text Resolution No. 2002—R0214 EXHIBIT "F" To AGREEMENT The North One Hundred Thirty -One and Eleven one -hundredth (131.11) acres of that certain 301.648 acre tract more particularly described in that certain Warranty Deed, dated on or before May 30, 2001, from Robert A. Gentry, a single man, Lindsey Gentry, a single woman, and Bruce Davis Gentry, a single man, Individually and as Independent Administrator for the Estate of Bruce E. Gentry, Jr., Deceased, to Market Lubbock Economic Development Corporation, recorded in Volume 7108, Page 73, of the Real Property Records of Lubbock County, Texas. MLI/Tyco/Agreement.Short514.redline.accptd May 17, 2002 MLI Agreement.Tyco Page 31 of 32 No Text Resolution No. 2002-RO214 EXHIBIT "G" to AGREEMENT Depiction of Roadway Route to be Constructed I No Text Becky Garza -City Secretary Files w Pa e 1 From: Richard Casner To: Katherine Egger Date: 6/24/02 10:23AM Subject: City Secretary Files K- Please get with Becky to do the following to complete the City's files re the Tyco/MLI deal: 1. Please put a photocopy of the General Warranty Deed and Ratification of General Warranty Deed and Resolution re same re same in the file containing the Agreement between the City and MLI regarding all of the relative exchanges between them. 2. Please put a photocopy of the Agreement and Resolution re same and General Warranty Deed set forth in #1 above in the file containing the Ratification of General Warranty Deed and Resolution re same Deed discussed in #1 above. Thanks-RKC CC: Becky Garza; Don Vandiver No Text GENERAL WARRANTY DEED STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS That CITY OF LUBBOCK, a Texas home rule municipal corporation (herein called "Grantor"), for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the MARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION, d/b/a/ MARKET LUBBOCK, INC., a Texas not -for -profit corporation (herein called "Grantee"), 1301 Broadway, Suite 200, Lubbock, TX, 79401, the receipt and sufficiency of which are hereby acknowledged and confessed, subject.to the exceptions, restrictions, and limitations herein, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee the surface estate only of all the real property in Lubbock County, Texas described on Exhibit "A", attached hereto, together with all the rights appurtenant to said real property, and fixtures attached thereto or located thereon (the "Property"). Grantor hereby reserves to itself, its successors and assigns, all oil, gas, and other minerals in, on and under and that may be produced from the Property. Grantor covenants, for itself, its mineral lessees, successors and assigns, that it will conduct all surface operations upon the Property in a manner so as not to unreasonably interfere with the improvements, roadways and utilities located thereon. Further, Grantor reserves unto itself, its successors and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the surface of the Property, together with the MLI General Warranty Deed Paget of 8 No Text right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the Lubbock International Airport. Exceptions to Conveyance and Warranty and Covenants of Grantee: Validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests outstanding in persons other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; taxes for 2002, which Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes. Without limiting the general nature of the above, this conveyance and warranty is subject to the following specific exceptions: 1. The following restrictive covenants of record itemized below: Volume 679, Page 643, Deed Records of Lubbock County, Texas, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent MLI General Warranty Deed Page 2 of 8 No Text that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachment or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. 4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or C. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 2002, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership MLI General Warranty Deed Page 3 of 8 No Text previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters: A. Right -of -Way from A. E. Griffis, as grantor, to N. K. Moody, Trustee, as grantee, dated May 24, 1926 and recorded in Volume 123, Page 345 of the Deed Records of Lubbock County, Texas, and as affected by that certain Assignment recorded in Volume 154, Page 37 of the Deed Records of Lubbock County, Texas, and as affected by Evidence of Assignment or Merger or Name Change recorded in Volume 767, Page 21 of the Deed Records of Lubbock County, Texas. B. Right -of -Way from W. J. Thiel, et al., grantors, to Stanolind Pipe Line Company, grantee, dated October 29, 1947 and recorded in Volume 355, Page 639 of the Deed Records of Lubbock County, Texas. C. Power Line Easement as set forth in that certain instrument dated August 6, 1959 and recorded in Volume 754, Page 409 of the Deed Records of Lubbock County, Texas. D. Right -of -Way Easement from A. E. Griffis, grantor, to South Plains Electric Cooperative, Inc., grantee, dated February 10, 1938 and recorded in Volume 754, Page 431 of the Deed Records of Lubbock County, Texas. MLI General Warranty Deed Page 4 of 8 No Text E. Right -of -Way from A. E. Griffis, grantor, to J. H. Felton, grantee, dated August 2, 1939 and recorded in Volume 239, Page 120 of the Deed Records of Lubbock County, Texas, and also subject to the West Texas Gas Company main line as evidenced by this instrument. F. Subject to easements granted to Southwestern Bell Telephone Company and Southwestern Public Service Company, as evidenced by instruments respectively recorded in Volume 741, Page 507 and Volume 731, Page 221 of the Deed Records of Lubbock County, Texas. G. Subject to the terms, provisions and conditions of that certain Resolution, recorded in Volume 679, Page 643 of the Deed Records of Lubbock County, Texas, and also subject to the Runway Protection Zone, as evidenced by that certain instrument recorded in Volume 5042, Page 49 of the Real Property Records of Lubbock County, Texas. H. Subject to everything as shown on that certain Survey dated April 12, 2002, prepared by Gary D. Wilson, Registered Professional Land Surveyor, No 4239, State of Texas, including but not limited to overhead electric lines; telephone riser; gas vent; gas meter; underground gas line; water lines; sewer line; water valves; sewer manholes; power poles; guy anchors; fire hydrant; culvert; gas riser; MLI General Warranty Deed Page 5 of 8 No Text irrigation well; irrigation standpipe; irrigation risers; and a proposed 25' Underground Utility Easement. I. Visible and apparent easements on or across the Property herein described. J. Any portion of the Property described herein within the limits or boundaries of any public or private roadway. K. Rights and claims of tenants and parties in possession. L. Grantee expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the Property to a height of not exceeding the elevation established by the Airport zoning ordinance. M. Grantee expressly agrees for itself, its successors and assigns to prevent any use of the Property which would interfere with landing or taking off of aircraft at the Lubbock International Airport, or which would otherwise constitute an airport hazard. TO HAVE AND TO HOLD the Property, subject to the reservations and exceptions above, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim MLI General Warranty Deed Page 6 of 8 No Text the same or any part thereof. EXECUTED the _ day of �uvjt- , 2002. GRANTOR: CITWOF LUBBOCK MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Quincy White sistant City Manager APPROVED AS TO FORM: Richard Casner, Natural Resources Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on June -6 _, 2002, by MARC MCDOUGAL, Mayor of the City of Lubbock, a Texas home rule municipal corporation. 4c *t- µ. NW W ��Notary Public in and for the State of Texas HERINE EGGER Pam. Teo�sMy commission expires 10-06.2005 MLI General Warranty Deed Page 7 of 8 No Text EXHIBIT "A' TO GENERAL WARRANTY DEED ["Tyco Tract" - 38.98 acre tract of land] Field notes on a 38.98 acre tract of land out of the Southwest'/4 of Section 36, Block A, Lubbock County, Texas, said tract being part of a tract of land conveyed by Cleo Thiel and husband, Robert W. Thiel to the City of Lubbock by deed dated March 26, 1973 and recorded in Volume 1338, Page 223, Deed Records of Lubbock County and by Cleobob, Incorporated to the City of Lubbock, by deed dated March 26, 1973 and recorded in Volume 1338, Page 225, Deed Records of Lubbock County, Texas, said 38.98 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at %2 " iron rod with cap, set for the Southwest corner of this tract, being on the existing East right of way line of Interstate 27 as recorded in Volume 1383, Page 179 of the Deed Records of Lubbock County, Texas, whence a P.K. nail set for the Southwest corner of Section 36, Block A bears South 01 °23'50" East, 37.54 feet and North 88°38'32" West, 329.70 feet; (1) THENCE North 01 °23'50" West, along the existing East right of way line of Interstate 27, as recorded in Volume 1383, Page 179, a distance of 1374.33 feet to an "X" on concrete, set for a corner of this tract; (2) THENCE North 01 °27'55" East, along the existing East right of way line of Interstate 27, as recorded in Volume 1383, Page 179, a distance of 139.79 feet to a %2" iron rod with cap, set for the Northwest corner of this tract; (3) THENCE South 88"38'32" East, a distance of 1157.36 feet to a %2" iron rod with cap, set for the Northeast corner of this tract; (4) THENCE South 01°45'41" West, a distance of 1512.58 feet to a %2 " iron rod with cap, set for the Southeast corner of this tract; (5) THENCE North 88"38'32" West, a distance of 1080.91 feet to the point of beginning. CONTAINING an area of 38.98 acres of land. Uci tyatt/Richard/M LI.Tyco.G W DforRati i ication June 5,2002 MLI General Warranty Deed Page 8 of 8 No Text June 24, 2002 Memo to: Becky Garza, City Secretary EVV From: Katherine Egger, Lead Legal SecretaryG Subj: MLI / Tyco documents - #1 Per Richard Casner's e-mail request of today, please find attached a copy of the following documents to be placed in the folder with Resolution No. 2002-RO214 (Agreement between City and MLI providing for exchange of property and services): 1. signed General Warranty Deed 2. Ratification of General Warranty Deed and its Resolution No. 2002-RO219 Thank you. No Text GENERAL WARRANTY DEED a ; STATE OF TEXAS § COUNTY OF LUBBOCK, § KNOW ALL MEN BY THESE PRESENTS That CITY OF LUBBOCK, a Texas home rule municipal corporation (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the MARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION, d/b/a! MARKET LUBBOCK, INC., a Texas not -for -profit corporation (herein called "Grantee"), 1301 Broadway, Suite 200, Lubbock, TX, 79401, the receipt and sufficiency of which are hereby acknowledged and confessed, subject -to the exceptions, restrictions, and limitations herein, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee the surface estate only of all the real property in Lubbock County, Texas described on Exhibit "A", attached hereto, together with all the rights appurtenant to said real property, and fixtures attached thereto or located thereon (the "Property"). Grantor hereby reserves to itself, its successors and assigns, all oil, gas, and other minerals in, on and under and that may be produced from the Property. Grantor covenants, for itself, its mineral lessees, successors and assigns, that it will conduct all surface operations upon the Property in a manner so as not to unreasonably interfere with the improvements, roadways and utilities located thereon. Further, Grantor reserves unto ,;o, itself, its successors and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the surface of the Property, together with the MLI General Warranty Deed Page I of 8 Ie`-l�p� Cp� hj C't z�.Q.NI}CL4{ l 1 5 r L No Text right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the Lubbock International Airport. Exceptions to Conveyance and Warranty and Covenants of Grantee: Validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests outstanding in persons other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the, Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; taxes for 2002, which Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes. Without limiting the general nature of the above, this conveyance and warranty is subject to the following specific exceptions: 1. The following restrictive covenants of record itemized below: Volume 679, Page 643, Deed Records of Lubbock County, Texas, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or ?'. national origin unless and only to the extent MLI General Warranty Deed Page 2 of 8 No Text that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachment or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. 4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or C. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. S. Standby fees, taxes and assessments by any taxing authority for the year 2002, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership MLI General Warranty Deed Page 3 of 8 No Text previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters: A. .' Right -of -Way from A. E. Griffis, as grantor, to N. K. Moody, Trustee, as grantee, dated May 24, 1926 and recorded in Volume 123, Page 345 of the Deed Records of Lubbock County, Texas, and as affected by that certain Assignment recorded in Volume 154, Page 37 of the Deed Records of Lubbock County, Texas, and as affected by Evidence of Assignment or Merger or Name Change recorded in Volume 767, Page 21 of the Deed Records of Lubbock County, Texas. B. Right -of -Way from W. J. Thiel, et al., grantors, to Stanolind Pipe Line Company, grantee, dated October 29, 1947 and recorded in Volume 355, Page 639 of the Deed Records of Lubbock County, Texas. C. Power Line Easement as set forth in that certain instrument dated August 6, 1959 and recorded in Volume 754, Page 409 of the Deed Records of Lubbock County, Texas. D. Right -of -Way Easement from A. E. Griffis, grantor, to South Plains Electric Cooperative, Inc., grantee, dated February 10, 1938 and recorded in VolurO.754, Page 431 of the Deed Records of Lubbock County, Texas. MLI General Warranty Deed Page 4 of 8 No Text E. Right -of -Way from A. E. Griffis, grantor, to J. H. Felton, grantee, dated August 2, 1939 and recorded in Volume 239, Page 120 of the Deed Records of Lubbock County, Texas, * - and also subject to the West Texas Gas Company main line as evidenced by this instrument. F. Subject to easements granted to Southwestern Bell Telephone Company and Southwestern Public Service Company, as evidenced by instruments respectively recorded in Volume 741, Page 507 and Volume 731, Page 221 of the Deed Records of Lubbock County, Texas. G. Subject to the terms, provisions and conditions of that certain Resolution, recorded in Volume 679, Page 643 of the Deed Records of Lubbock County, Texas, and also subject to the Runway Protection Zone, as evidenced by that certain instrument recorded in Volume 5042, Page 49 of the Real Property Records of Lubbock County, Texas. H. Subject to everything as shown on that certain Survey dated April 12, 2002, prepared by Gary D. Wilson, Registered Professional Land Surveyor, No 4239, State of Texas, including but not limited to overhead electric lines; telephone riser; gas vent; gas meter; underground gas line; water lines; sewer line; water valves; °#dwer manholes; power poles; guy anchors; fire hydrant; culvert; gas riser; MLI General Warranty Deed Page 5 of 8 No Text irrigation well; irrigation standpipe; irrigation risers; and a proposed 25' Underground Utility Easement. I. Visible and apparent easements on or across the Property } herein described. J. Any portion of the Property described herein within the limits or boundaries of any public or private roadway. K. Rights and claims of tenants and parties in possession. L. Grantee expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the Property to a height of not exceeding the elevation established by the Airport zoning ordinance. M. Grantee expressly agrees for itself, its successors and assigns to prevent any use of the Property which would interfere with landing or taking off of aircraft at the Lubbock International Airport, or which would otherwise constitute an airport hazard. TO HAVE AND TO HOLD the Property, subject to the reservations and exceptions above, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Granter and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim MLI General Warranty Deed - Page 6 of 8 No Text the same or any part thereof. EXECUTED the tp�k_ day of %Q�n— , 2002. GRANTOR: CITWOF LVBBOCK MCDOUGAL, MAYOR ATTEST: ow,", Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Quincy White sistant City Manager APPROVED AS TO FORM: Richard Casner, Natural Resources Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on June 6 2002, by MARC MCDOUGAL,, Mayor of the City of Lubbock, a Texas home rule municipal corporation. 4� Notary Public in and for the State of Texas FK�ATHERINE EGGER '�'My commission expires of Texas 10-06-2005MY COmmWim E MLI General Warranty Deed Page 7 of 8 No Text EXHIBIT "A' TO GENERAL WARRANTY DEED ["Tyco Tract" - 38.98 acre tract of land] Field notes on a 38.98 acre tract of land out of the Southwest'/4 of Section 36, Block A, Lubbock County, Texas, said tract being part of a tract of land conveyed by Cleo Thiel and husband, Robert W. Thiel to the City of Lubbock by deed dated March 26, 1973 and recorded in Volume 1338, Page 223, Deed Records of Lubbock County and by Cleobob, Incorporated to the City of Lubbock, by deed dated March 26, 1973 and recorded in Volume 1338, Page 225, Deed Records of Lubbock County, Texas, said 38.98 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at %2 " iron rod with cap, set for the Southwest corner of this tract, being on the existing East right of way line of Interstate 27 as recorded in Volume 1383, Page 179 of the Deed Records of Lubbock County, Texas, whence a P.K. nail set for the Southwest corner of Section 36, Block A bears South 01 "23'50" East, 37.54 feet and North 88'38'32" West, 329.70 feet; (1) THENCE North 01'23'50" West, along the existing East right of way line of Interstate 27, as recorded in Volume 1383, Page 179, a distance of 1374.33 feet to an "X" on concrete, set for a corner of this tract; (2) THENCE North 01 *27'55" East, along the existing East right of way line of Interstate 27, as recorded in Volume 1383, Page 179, a distance of 139.79 feet to a %2" iron rod with cap, set for the Northwest corner of this tract; (3) THENCE South 88°38'32" East, a distance of 1157.36 feet to a %2" iron rod with cap, set for the Northeast corner of this tract; (4) THENCE South 01°45'41" West, a distance of 15 12.5 8 feet to a %2 " iron rod with cap, set for the Southeast corner of this tract; (5) THENCE North 88°38'32" West, a distance of 1080.91 feet to the point of beginning. CONTAINING an area of 38.98 acres of land. Ucityatt/Richard/MLI.Tyco.G WDforRadriication June 5,2002 MLI General Warranty Deed Page 8 of 8 No Text Resolution No. 2002-Ro214 EXHIBIT 11G" to AGREEMENT Depiction of Roadway Route to be Construc i F " � 1 a lit o �Sal • i 1� I No Text Resolution No. 2002-RO219 June 13, 2002 Item No. 28 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 foh- and on behalf of the City of Lubbock a Ratification of General Warranty Deed, and any other related documents, ratifying that certain General Warranty Deed, dated June 6, 2002 , conveying that certain 38.98 acre tract to Market Lubbock Economic Development Corporation, a Texas not -for -profit corporation. Said Ratification of General Warranty Deed is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day of June MAYOR ATTEST: CQ A 0 -A - L-ft - jg�� I Retie ca Garza, City Secretary APPROVED AS TO CONTENT: 1,A e 6)dJ � � o e ra orte, Depu City Manager APPROVED AS TO FORM: A-. Richard K. asner Natural Resources Attorney Uccdocs/ke/RatificationGW D.Reso June 4, 2002 No Text eturn tor, ulcY uL 1,UDD0c& -' Ilr. Attn: Richard K. Casner (Room 205) P.O. Box 2000 Resolution No. 2002—RO219 v Lubbock, Texas 79457 Y11L 7701PAG094 RATIFICATION OF GENERAL WARRANTY DEED 23647 KNOW ALL MEN BY THESE PRESENTS THAT, WHEREAS, on the 6th day of June, 2002, the City of Lubbock executed and delivered that certain General Warranty Deed to Market Lubbock Economic Development Corporation, . d/b/a Market Lubbock Inc., a Texas not -for -profit organization, conveying the lands described on Exhibit "A", attached hereto (the "General Warranty Deed"); WHEREAS, the Mayor of the City of Lubbock, was duly authorized to execute the General Warranty Deed by Resolution No. 2002-R0214, passed by the City Council of the City of Lubbock on May 23, 2002; WHEREAS, nothwithstanding the authority of the Mayor of the City of Lubbock to execute the General Warranty Deed, the City of Lubbock now desires to ratify the General Warranty Deed to remove any uncertainty regarding such matter. NOW, THEREFORE, in consideration of the sum of One and No/100 Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Lubbock does hereby ratify, adopt and confirm the General Warranty Deed, in all of its terms and provisions, and acknowledges the validity, effect, and enforceability of the General Warranty Deed. Ratification of Genera) Warranty Deed Page ! of 3 No Text Passed by the City Council this 13th day of June, 2002. CITY OF SEAL ATTEST: Reb c6i,Ga=.-za, City Sec -etary APPROVED AS TO CONTENT: fA h� ebra orte, De uty City Manager APPROVED AS TO FORM: Richard Casner, Natural Resources Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § uoL 7701PacE295 MAYOR This instrument was acknowledged before me on June _ 2002, by MARC MCDOUGAL, Mayor of the City of Lubbock, a Texas home rule municipal corporation. � 6 6u CELIA WEBS Notary Public in and for the6tate of Texas y pCom�MMIa l En*n 03.01-2= SEAL - My commission expires 03 -0 f - 2006 Ratification of General Warranty Deed Page 2 of 3 No Text