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Home My WebLink AboutResolution - 2021-R0351 - Special Warranty Deed from Rocket Partners I, LLC 9.14.21Resolution No. 2021-R0351 Item No. 7.44 September 14, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to accept for and on behalf of the City of Lubbock, a Special Warranty Deed associated with certain property in Lubbock County, Texas, owned by Rocket Partners I, LLC, and all related documents. Said Special 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 City Council; and THAT the City Council finds it to be in the best interest of the citizens of the City of Lubbock in order to expedite the performance of city business, to delegate authority to execute any necessary or related documents associated with this conveyance to the City Manager of the City of Lubbock or his designee. Passed by the City Council on September 14, 2021 L'-'j - DANIEL M. POPE, MAYOR ATTEST: Reb ca Garza, City Secre APPROVED AS TO CONTENT: Jesica McEachern, Assistant City Manager APPROVED AS TO FORM: Ryan RGoke, Assistant City Attorney RES.Special Warranty Deed Rocket Partners 9.2.21 Resolution No. 2021-R0351 2021051401 S PGS DEED �1$ - bw ■III !go, Am M P �i U PAIRLMA, h 11111 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL PERSONS BY THESE PRESENTS: SPECIAL WARRANTY DEED This Special Warranty Deed (this "Deed") is executed and delivered effective as of the .!,,< I day of August, 2021 (the "Effective Date") by Rocket Partners I, LLC, a Texas limited liability company ("Grantor'), whose address is P.O. Box 64664, Lubbock, Texas 79464, for the benefit of the CITY OF LUBBOCK ("Grantee"), whose address is 1314 Avenue K, Lubbock, Texas 79401. In consideration of Ten Dollars ($10.00) and other good and valuable consideration paid to Grantor, Grantor does hereby GRANT, SELL, AND CONVEY unto Grantee the surface estate of that certain real property situated in Lubbock County, Texas and described in Exhibit A attached hereto and made a part hereof for all purposes, together with all improvements and fixtures located thereon, if any (collectively, the "Pro a ") and, without warranty, all right, title and interest of Grantor, if any, in and to the rights, privileges, hereditaments, and appurtenances pertaining to the Property. This conveyance is made and accepted subject to current real property taxes and all unpaid non - delinquent general and special taxes, bonds and assessments; all zoning ordinances and regulations and any other laws, ordinances or governmental regulations now or hereinafter applicable to and enforceable against the Property; and matters visible on the ground or that would be shown on a current survey of the Property; and any and all conditions and restrictions, outstanding mineral reservations and easements of record, if any, relating to the Property, to the extent, and only to the extent, that the same may be in full force and effect and affect the Property (the foregoing collectively, the "Permitted Exceptions'). Grantor, for Grantor and Grantor's successors and assigns, hereby reserves and does not convey to Grantee all the oil, gas and other minerals in and under and that may be produced from the Property which have not been heretofore granted to third parties or reserved by predecessors in title (the "Mineral Reservation"). TO HAVE AND TO HOLD the Property unto Grantee, Grantee's heirs, executors, administrators, successors, and assigns, and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND, all and singular, the Property unto Grantee, Grantee's heirs, executors, administrators, successors, and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, by, through or under Grantor, but not otherwise, subject, however, to the Permitted Exceptions and the Mineral Reservation. Ad valorem taxes for the current year having been prorated between the parties hereto, Grantee hereby assumes liability for the payment thereof for the current year and for subsequent years, and for any rollback taxes for prior years. Grantor hereby conveys the Property to Grantee, and by its acceptance hereof Grantee hereby accepts the Property, in its present condition "AS IS", "WHERE IS", and "WITH ALL FAULTS" and without any representation or warranty, express or implied (except for the warranty of title above). Grantor Special Warranty Deed - Page 1 20033208v.1 hereby specifically disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral, written, past, present, or future, of, as to, concerning, or with respect to (i) the value, nature, quality, or physical or other condition of the Property, including, without limitation, the water, soil, and geology, and/or the environmental condition of the Property, including hazardous materials; (ii) the income to be derived from the Property; (iii) the water, soil, and geology, the suitability thereof and/or of the Property for any and all activities and uses which Grantee may elect to conduct; (iv) the compliance of or by the Property or its operations with any applicable laws or other laws, rules, ordinances, or regulations of any applicable governmental authority; (v) the habitability, merchantability, marketability, suitability, profitability, developability, or fitness for a particular purpose of the Property; (vi) the manner or quality of the construction or materials, if any, incorporated into the Property; (vii) the manner, quality or state of repair of the Property. By its acceptance hereof, Grantee, on its own behalf and on behalf of anyone claiming by, through or under Grantee, to the maximum extent permitted by applicable laws, irrevocably and unconditionally WAIVES, RELEASES, DISCHARGES, AND FOREVER ACQUITS Grantor from any and all claims of any nature whatsoever known or unknown, suspected or unsuspected, fixed or contingent, which Grantee may now or hereafter have, own, hold or claim to have, own or hold, or at any time heretofore may have had, owned, held, or claimed to have, own or hold, against Grantor, relating to the Property, including, without limitation, the physical condition of the Property, the entitlements for the Property, the environmental condition of the Property, any hazardous materials that may be on or within the Property and any other conditions existing, circumstances or events occurring on, in, about or near the Property whether occurring before, after or on the date hereof. [SIGNATURE PAGE IMMEDIATELY FOLLOWS] Special Warranty Deed - Page 2 20033208v.1 EXECUTED effective as of the Effective Date. GRANTOR: Rocket Partners I, LLC, a Texa imi d liability company By:! Name: THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned, being a Notary Public in and for the State of Texas, on this day personally appeared Thomas K. Payne, known to me, or proved to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the instrument as the act of Rocket Partners I, LLC, a Texas limited liability company, and that he executed the instrument on behalf of the limited liability company for the purposes and consideration expressed, and in the capacity hereinabove stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27 day of August, 2021. CELIA WEBB ——LdX442i da'a- N0WyP^qW8dTq= Notary Public, State of Texas NoWyOi 1241WR My Cowleebn WO00-01.2071 Special Warranty Deed - Signature Page 20033208v.1 EXHIBIT A DESCRIPTION OF THE PROPERTY Special Warranty Deed Exhibit A 20033208v.1 I @I> I NOTPLATTED t+ R -A(UIrIWl101fI., it rmk,vow/ 4I I I I TRACT A" -Pa/LT DEPARTMENT SOUTH SUBSTATIM ADD/TON rn>r eneawarr/ 8I i /41st STREET sox .-ft - f ecouenownrari NOT PLATTED eras: sao¢rASTraoae ue femtAatornsc: 2.401 Acrc Tract 1013904R N66'02'16"W 473.70' naaatreeauaorr faoa+e�maarr S43"02'16"E 14.14' 8i rl I 21.21' S465144 PERIMETER SURVEY OF A 2.401 ACRE TRACT OF LAND LOCATED IN SECTION 1 It BLOCK AK LUBBOCK COUNTY, TEXAS 0 z METES AND ROUNDS DESCRRTION ofa 2.401 sax tea oflood lanced in Seaton 1. Block Alf, Lubbock County. Tour, bang a portion often 60.015 sax tract of had de,abd tmdaCaa ay Cidt File Number 20170213". OBMW Publw Records efL be k County. Taus, raid 2A01 sac ua bolos 6othrde Td n full—. BEGINNING at a I/r nuts sad with tap marked •HUGO REED A ASSOC." m in the Easton botmdny ofa 20 foe alk3 as receded under County Clerk File No ba(CCFN)202000gg34, COMM! Public Rncadr ofLabbeck County. Taus(OPRLCRfartheomat Sm&erly Sourlhweate afthistractwhicbb=N.01'46W Eadinecoof 1235.49 feet and S.U-0716' E. a dinmae of4gi.00 fm fi m the Son&— cornaofSectim 1. Block AK, Lubbock County, Tam: THENCE N. 43"OrW W., along the Ramona botmdwy of and 70 feet alley, a dim me of 14.17 fa m a Ifr ism rod wiN cap mmkd •HUGO REED A ASSOC.* m fm the moat Westerly Sonhwenearnerofthu tram fiam whence a I/2- iron rod with cap rked'HUGO REED A ASSOC.' fad atx u the Eastdomra ySundo nofsaldTna 'A' been N. IrUl6' W. a dnueoe o1`20.00 fa; THENCE N. 01.4600' E., mntiming along the Fiatcm bemdny of- 20 foe alimnm ley, a dof200.00 Wu Il•itm cud Mf npoarkd-HUGO REED A ASSOC.-ref the Nerne o anh— fthir tract, gum whom 1'I nets rod with np markd•HUGO REED& ASSOC.' found at the men E swrlyNeNhest avoaofTra'A', Pohce Depoo mew South Subata6m Addition, accenting to map. plat adlor di a w doed dwmfumd d under CCFN 202000SS33, OPRLCf, been N gr=16' W. a dicta of 20.o0 fmi ad N 01.4600' E a dntanee of 200 on fee; THENCE S. 9g'0r16• E a duume of4S9A2 fa m a 1/2• rrm and mth aponaked'Him REED A ASSOC.• m for the moss Nathaly Narthex art-cfthn era: THENCE S. 43rorl6• E a daame d I4.14 feet m a In• Iron rod wall op m rk d'HUGO REED A ASSOC' m for fe mat Easterly Nanhmu mmaofd. tree: THENCE S. 01.574r• W adutame of 195.00 fame11' Iron sad m1h cap marYed'HUGO REED A ASSOC• m fen the rota Eutaly Sout6esu meoerdthis tram THENCE S. 46.5T44' W. a distance of 2111 fa toa If.- mn td mtb cap mad od'HUGO REM A ASSOC' actto, the ant gauntly Seefcaa_ flki, Ira; THENCE N. 99'02'16' W. a distance ef473.70 fm u the Pam ofBegumng Contains Im39e xleate fer Beeinp am mla u Odd Notch, Texts Caadmee Syatan of 1"0. Nonh.Crntral Zone, 2011(epoeh 2010A1, Daanea—Surf .3S S—y Poe. TITLE COMMITMENT No abstract of ntle err tale cmlmtwmt wen provided to this surnym. accord racmh done by this surveyor was .do Wade only for the parpme of determining the boundary of this propcny and rc of the adjoining pascals. Record docusecros other dm those shown on this survey may exam and cne11n16a this property. CERTIFICATION TO: City of Lubbock Watco Title, 71— Paym, Reelect Pumas L LLC 1. RobM A. Christopher. Texts Registetd Prof tonal Lad Survc)w No. 5167, do hereby cmify that this survey was rode on the ground A elcummineum as In whether this property lie special within a Rod haard . wen net made fen dusts—y Survcyod m gmmd: rum 29.2021 OF A�p'$T6q''9,p P A.CIM6TOPIEIt 5157 �'aFeStp+ "1Dby� Robert A C6nstopher RegrgmW Profexoml Lad Surveyor No. 5167 Licemed State Lad Stmxya Sure ofT— SCALE: 1""50' HEAVY LINES INDICATE PLAT LIMITS CCFN-COUNTY CLERK FILE NUMBER CONTROL MONUMENTS AS FOUND IN SHOWN 6 - SET. "x CUT ON CONCRETE o - SET 1&' IRON ROD w/CAP MARKED "HLIGO REED a ASSOC." • - FO. I/2" IRON ROD /CAP MARKED "K= REED 6 ASSOC." 20211466/SC(D.G.) FILED AND RECORDED OFFICIAL PUBLIC RECORDS * t cam• Kelly Pinion County Clark Lubbock County TEXyS 10/05/2021 03:64 PM FEE: 38.00 2021�g1401