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HomeMy WebLinkAboutResolution - 039 - Special Warranty Deed - LIF Inc - Lots 8-11, Industrial Park Addition - 01/11/1979t . RESO - 39 i KJ:hw 1-11-79 RESOLUTION �. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a special warranty deed conveying Lots 8, 9, 10 and 11 in the Lubbock Industrial Park Addition, to the Lubbock Industrial Foundation, Inc., 1 attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. I Passed by the City Council this 11th day of January , 1979. ; RK WEST, MAYOR ATTEST: i y fill elyn Gaffga; Ci y Secr to reasurer �. I APPROVE A TO FORM: Kenn th Jones, Se or Asst. City Attorney � 4 t I i i Ij �� f SPECIAL WARRANTY DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X. That the CITY OF LUBBOCK, a Home Rule Municipality, acting herein pursuant to an appropriate resolution of the City Council of the City of Lubbock, Texas for and in consideration of the sum of TEN AND N0/100 ($10.00) DOLLARS, to it paid, in cash, the receipt and sufficiency of which is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the said LUBBOCK INDUSTRIAL FOUNDATION, INC. of the County of Lubbock, State of Texas all that certain lot, tract or parcel of land lying and being situated in Lubbock County, Texas and being described as follows: Lot Numbers Eight (8), Nine (9) Ten (10) and Eleven (11) of the Lubbock Industrial Park Addition to the City of Lubbock, Lubbock County, Texas, as shown by the map and plat of said City on file in the offices of the County Clerk of said County and State. 1. SAVE AND EXCEPT Grantor, City of Lubbock, reserves unto itself in.fee simple all of the underground water, oil, gas and other minerals, in, under and that may be produced from said land, provided, however, Grantor shall have no right, either express or implied, to extract, mine, or in any other way to produce said water, oil, gas.or other minerals from the surface property to be conveyed in fee simple in accordance herewith. 2. Grantor herein reserves a perpetual avigation easement and right-of-way, which easement and right-of-way shall run with the land for the unobstructed, unrestricted, and numerically unlimited flight of aircraft ("Aircraft" being defined for the purposes of this instrument as any contrivance now known or hereafter invented, used, or designated for navigation of, or flight in the air) by whomsoever owned and operated in, through, and across the air space, at any altitude or height fifty feet (50') or more -above the surface of the conveyed property, together with the right to cause in such air space at an altitude of fifty feet (50') or more above the surface of the ground over.all of the land conveyed herein, and/or horizontally adjacent to said land such noise and vibration that may now or hereafter be caused by the operation within said air. space of all aircraft landing at, or taking off from, or operating at or on the Lubbock Municipal Airport as presently located or as may be hereafter expanded; and Grantee, its successors and assigns does hereby fully waive, remise, and release any right or cause of action which it may now have or which it may have in the future against Grantor, its -successors and assigns, due to normal noise, vibration, smoke or dust that may be caused by the operation, within the air space hereinabove identified, or aircraft landing at, or taking off from, and/or operating at or on said Lubbock Municipal Airport. In the event the Federal Aviation Agency shall establish regulations and/or standards fix the bottom plane of the air casement at an altitude of more than fifty feet (50') above the surface of the ground, then the Federal Aviation Agency regulation and/or standard shall apply thereafter in lieu of the fifty foot (50') altitude provision hereinabove set out in this paragraph. 3. Subject to easements, if any, for water, gas, and other underground utility lines,lelectric power lines and other overhead utility lines which are recorded in the Deed Records of Lubbock County, Texas, or which easements are apparent on the ground and the 'other exceptions, reservations and conditions hereafter set forth. TO HAVE AND TO HOLD the above described premises, together with all.and singular, the rights and appurtenances thereto in anywise belonging unto the said LUBBOCK INDUSTRIAL FOUNDATION, INC., its successors and assigns forever; and the said:CITY OF LUBBOCK does hereby bind itself,.its successors and assigns to WARRANT and FOREVER DEFEND all and singular the said premises unto the said LUBBOCK INDUSTRIAL FOUNDATION, INC., its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof by, through or under the CITY OF LUBBOCK.but not otherwise. WITNESS MY HAND at Lubbock, Texas this ,,,,, day of Tan„ary 197_ ATTEST: (Seal) i C Y S C TA - THE CITY OF LUBBOCK, TEXAS A MUNICIPAL CORPORATION Approved: as to form: C_ 47 Jany C. kov s, J:., Gey Ai o.n y THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public, in and for said county and state, on this day personally appeared DIRK WEST, Mayor for City of Lubbock , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of said City of Lubbock, Texas, for the purposes and consideration therein expressed, and in the.capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 11th day of January 1979. t r Notary Public in and for Lu ock Lubbock County, Tera} My commission expires: ',tet. 3c/ is 7 cl -2- .City Attorney's Office 762-6411 P. O. Box 2000 LUBBOCK, TEXAS 79457 January 10, 1979 Mr. Don Graf McCleskey,,Harriger, Brazill & Graf 5th Floor, Plains National Bank Bldg. 5010 University Lubbock, Texas 79413: Dear Mr. Graf: This will acknowledge receipt of your correspondence to me dated November 30, 1978, wherein you set forth your views concerning the application of article 5421c-12-Vernon's Ann.Civ.St.-in. reference to the pending deed from the City of Lubbock to the Lubbock Industrial Foundation, Inc. on the following described property: Lots Number eight (8) nine (9), ten (10) and eleven (11) of Lubbock Industrial Park Addition to the City of Lubbock, Lubbock County, Texas, as shown by the map and plat of said city on file in the office of the County Clerk of said county and state. I sincerely appreciate the legal research which you have done to satisfy yourself on behalf of your clients.as to the applicability of the aforementioned statute as.to this particular conveyance. As attorney for the City of Lubbock I wish.to communicate to you that it is the city's position that we have thoroughly called to your attention the possible application of the aforementioned statute to.this transaction and that we have done.so prior to the consumation of this transaction and that we have given you every opportunity to review the statute and applicable laws in ref- erence to this transaction. Based on your letter of Mr. Don Graf January 10,_ 1979 Page 2 November 30, 1978, our position is that you have fully satisfied yourself that article 5421c-12 is no impediment to the consumation of this transaction and the execution by the City of Lubbock of the special warranty deed concerning the aforementioned legally described property. I am this morning asking the City Secretary of the.City of Lubbock to place this on -the Council agenda for the meeting to be held on January ll, 1979, as an emergency measure for the purposes of attaining a resolution authorizing the Mayor to execute said conveyance. Very truly yours, John C. Ross, Jr. City Attorney JCR:hw GEO. W. McCLESKEY HAROLD O. HARRIGER CLARENCE P. BRAIILL. JR. DON GRAF R. REX AYCOCK MIKE WORLEY GEORGE M.McCLESKEY JERRY M. KOLANDER, JR. JOHN A.FREELS Wm. H. HARRIGER U GARY A. WARD DAVID A. HESS STEPHEN RIGSBY November 30, 1978 LAW OFFICES MCCLESKEY, HARRIGER, BRAZILL & GRAF FIFTH FLOOR THE PLAINS NATIONAL ®UILOING DOI0 UNIVERSITY P. 0. DRAWER 6170 LUssocE.TExAS79418 Mr. John Ross City Attorney 916 Texas Lubbock, Texas 79401 Dear Mr. Ross: TELEPHONE AREA CODE 606 797-3411 At your request, we have reviewed the contract executed in 1968 between the City of Lubbock and the Lubbock Industrial Foundation together with Article 5421C-12 Vernon's Annotated Civil Statutes to determine whether the section of Vernon's Statutes cited above has any applicability to the 1968 contract. We are of the opinion that the statute does not have any applicability to the 1968 contract since the contract was a legally binding obligation on the City prior to the enactment of the statute. The statute in question was not effective until June 10, 1969, some months after the contract was executed by the City of Lubbock. Black's legal dictionary defines a "conveyance" as any transfer of title legal or equitable. Certainly the contract constitutes an equitable and probably a legal transfer or title. The City became totally and completely obligated to deliver a deed to the L:I.F, upon the execution of the contract. From the City's viewpoint, only a ministerial deed was required in the future - namely delivery of a deed upon request and payment of the designated amounts by the Board. It would violate constitutional restrictions upon the impairment of contracts if later acts of the Legislature could negate any of the terms of an existing binding contract. In addition, since our conversation I have become aware of the fact that Mr. Jimmy Marshall has filed suit in connection with this contract against Page Two Mr. John Ross him. This summary judgment was affirmed by the Amarillo Court of Civil Appeals in the case of Marshall v. City of Lubbock , 446 S.W.2d 740 (September 29, 1969) n.w. Therefore, certain y I do not think we can anticipate any action with reference to this contract. Very truly yours, McCLESKEY, HARRIGER, BRAZILL & GRAF Don Gra DG:ald 4221 jR�w.l-.76;,` _ n05,�-o8a-4221 , COMLIITMENT FOR OWNER POLICY OF TITLE INSURANCE ISSUED BY Lwvers Title InsuranceCorporation A Stock Company i P Y Home Office—Richmond, Virginia Owner Policy Commitment No. BA g 21884 GF No. or File No. 97 83383 LAWYERS TITLE INSURANCE CORPORATION, a corporation of Virginia, herein called the Company, hereby com- mits to issue its OWNER POLICY OF TITLE INSURANCE (Texas State Form T-1) as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner of the estate or interest covered hereby in the -land described in Schedule A, upon payment of the premium and charges therefor; all subject to the provisions of Schedules A, B, and C and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy com mitted for have been inserted in Schedule A hereof by the Company. This Commitment is preliminary to the issuance of such OWNER POLICY OF TITLE INSURANCE and all liability and obligations hereunder shall cease and terminate 90 days after the effective date hereof or when the policy committed for shall issue, whichever first occurs, provided that the failure to issue such policy is not the fault of the Company. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused this Commitment to be signed and sealed as of the effective date of Commitment as shown in Schedule A, the Commitment to become valid when countersigned by an authorized signatory. Countersigned at I1bbock Texas LAWYERS TITLE INSURANCE CORPORATION LUBBOCK ABSTRACT &TITLE COMPANY `�.' •• •'•� President 1 % � ! /•�, '� : 1925 P O P Ra, BY � �1� / . a�..,,.....•• ?, ATTEST: f Authorized Signatory ?,,„' Secretary Amount: to be determ i ned not to excAPHEDULE A actual purchase pr i c9ffective Date of Commitment December 5 19__71,1 'clockLA.,-m. Proposed Insured: Don Graf, Trustee 1. The estate or interest in the land described or referred to in this Commitment and covered herein: (Fee simple, lease- hold, easement, etc.— identify or describe) fee simple 2. Record title thereto is at the effective date hereof vested in: City of Lubbock 3. The land referred to in the Commitment is described as follows: Proposed Lots Eight (8), Nine (9), Ten (10), and Eleven (11), Lubbock Industrial Park Addition to the City of Lubbock, Lubbock County, Texas, out of Section 5, Block A, Lubbock County, Texas. SCHEDULE B S hs•�� i'� 8 of thr nnliry io he issuPri will also contain the followinq exclusions and excf-olions� ,schedule B ot the policy to be issued will also contain the following exclusions and exceptions: This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements insured, if any, shown in Schedule A, and to the following matters which are additional exceptions from the.coverage of this policy: I 1. Restrictive covenants affecting the land described or referred to above. None of record 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of im- provements! 3. Taxes for,the year 19 78 and subsequent years. i 4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s): 5: (Insert here all other specific exceptions as to superior liens, easements, outstanding mineral and royalty interests, etc., which will be shown as exceptions in the owner title policy.) a) 1/2 oil, gas, and other minerals reserved in Vola 355, Page 291, Deed Records of Lubbock County,'Texas. b) Drainage easement recorded in Vol. 840, Page 366, Deed Records of Lubbock County, Texas. c) Utility easements recorded in Vol. 640, Page 501 and Vol. 640, Page'521, Deed Records of Lubbock County, Texas. d) Pipeline easement recorded in Vol. 1014, Page.611, Deed Records of Lubbock(ounty, Texas. e) Subject1to Lease purchase option recorded in Vol. 1176, Page 587, Deed Records of Lubbo6 County,jexas. f) RR easement recorded in Vol. 1204, Page 248, Deed Records of Lubbock County, Texas. g) Oil & (1� Lease recorded in.Vol. 43, Page 645, Oil s Gas Lease Records of Lubbock`Q)unty, Texas. SCHEDULE C Matters affecting title to the hereinabove'described property and other requirements and conditions which must be disposed of to the satisfaction of the Company at, or prior to the date of the issuance of the above mentioned policy: 1. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record. 2. Satisfactory evidence that no person occupying the property or any portion thereof owns or claims any interes therein, either personally or by right of another; adverse to the present owner as shown in Schedule A-2 named above. 3. Payment of the full consideration to, or for the account of, the grantors. 4. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due an( payable. 5. Satisfactory evidence should be furnished that improvements and/or repairs or alterations thereto are completed that contractor, subcontractors, labor and materialmen are all paid. 6. Any defect, lien, encumbrance, or other matter affecting the title to such property or the estate to be insured, o which may be filed, or may arise subsequent to the date hereof. S 7. Further: requirements as follows: Property must be platted in accordance with city requirements, and plat must be filed record. Additional exceptions may be taken or certain exceptions deleted in accordance withsai for pla 4. r 1 r• i 1 CONDITIONS AND STIPULATIONS 1. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting. the estate or interest covered by this Commitment other than those shown in Schedule C hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company; at its option may amend Schedule C of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously Incurred pursuant to paragraph 2 of these Conditions and Stipulations. 2: Liability of the Company under this Commitment shall be only to the named proposed Insured and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule C, or (c) to acquire or create the estate or interest covered, by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations of the form of policy committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 3. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest covered by this Commitment must be based on and are subject to the provisions of this Commitment.