HomeMy WebLinkAboutResolution - 2017-R0379 - Accepting Land From LISD - 10/12/2017Resolution No.2017-R0379
Item No.6.25
October 12,2017
RESOLUTION
WHEREAS,Lubbock Independent School District ("LISD")is the owner of a 0.1971
acre tract of land located on North Zenith Avenue, in Section 2, Block A,Lubbock County,
Texas (the "Land");
WHEREAS, the Land is a narrow strip of land that cannot be used independentlyand
the Cityof Lubbock (the "City") currentlyuses the Landas a portion of a parking lot;
WHEREAS, LISD wishes to donate to the City the Land on which the parking lot is
located pursuant to Texas Local Government Code §272.001(b)(1)and (1);
WHEREAS, the City wishes to accept and maintain the Land in order to carry out a
public purpose that benefits the public interest; NOW THEREFORE:
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 Deed Without Warranty associated with certain
properties in Lubbock County,Texas,owned by LISD, and all related documents.Said Deed
Without Warranty 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 on October 12,2017 .
DANIEL M.POPE,MAYOR
ATTEST:
ijlX>6<i^l-o
Relpecca Garza,City Secreta
APPROVED AS TO CONTENT
Bill Howerton,Assistant City
APPROVED AS TO FORM:
Ry ,eke, 4s"sisfdnt City Attorney
RES.Deed Without Warranty — LISD — N. Zenith
10.03.17
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2017037587 3 PGS DEED
1111 K_WIC, WyM W,'11 1 N�fih�'i 01 III
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
DEED WITHOUT WARRANTY
Dated as of: L 2017
Grantor: LUBBOCK INDEPENDENT SCHOOL DISTRICT
Grantor's Mailing Address:
1628 19th Street
Lubbock, Texas 79401
Lubbock County
Grantee: CITY OF LUBBOCK, TEXAS
Grantee's Mailing Address:
P. O. Box 2000
Lubbock, Texas 79457
Lubbock County
Consideration: TEN AND NO/100 DOLLARS ($I0.00) and other good and valuable
consideration.
Property (including any improvements):
METES AND BOUNDS DESCRIPTION of a 0.1971 acre tract out of a 10.0 acre tract as
described in Volume 902, Page 43 of the Deed Records of Lubbock County, Texas, said 10.0
acre tract is the remainder of a 30.0 acre tract as described in Volume 739, Page 137 of the
Deed Records of Lubbock County, Texas, located in the Northwest Quarter of Section 2,
Block A, Lubbock County, Texas, being further described as follows:
BEGINNING at a railroad spike found in the West right-of-way line ofNorth Zenith Avenue
as described in Volume 902, Page 43 of the Deed Records of Lubbock County, Texas, at the
Northeast comer of this tract, which bears S. 00113'43" E. a distance of 760.28 feet and S.
89°45'30" W. a distance of 30.00 feet from the Northeast corner of the Northwest Quarter
of Section 2, Block A, Lubbock County, Texas, from whence a 3/8" iron rod found at the
Northeast comer of Lot 2, Tract F, Mackenzie Terrace Addition to the City of Lubbock,
Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded
in Volume 1017, Page 665 of the Deed Records of Lubbock County, Texas bears N.
00° 13'43" W. a distance of 471.36 feet;
THENCE S. 00013'43" E., along said right-of-way line, a distance of 31.14 feet to a 1/2" iron
rod with cap marked "HRA" set for the Southeast comer of this tract;
WLISDUSD-City Deed (Parkway).wpd
THENCE S. 89045'30" W. a distance of 275.70 feet to a 1/2" iron rod with cap marked
"HRA" set for the Southwest corner of this tract;
THENCE N. 00014'30" W. a distance of 31.14 feet to a 1/2" iron rod with cap marked
"HRA" set in the Southern boundary of a 7.4 acre tract as described in Volume 1290, Page
890 of the Deed Records of Lubbock County, Texas and the Northern boundary of said 10.0
acre tract for the Northwest corner of this tract;
THENCE N. 89045'30" E., along the Southern boundary of said 7.4 acre tract and the
Northern boundary of said 10.0 acre tract, a distance of 275.70 feet to the Point of Beginning.
Bearings are relative to the Western boundary of Tract "A", Estacado Village an addition to
the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication
deed thereof recorded in Volume 5718, Page 120 of the Real Property Records of Lubbock
County, Texas, previously surveyed and recognized as being
N. 00014'30" W.
Reservations from Conveyance: None, except as stated below in Restrictions/Right of
Reverter.
Exceptions to Conveyance and Warranty: Validly existing restrictions, easements, rights -of -
way, outstanding mineral and/or royalty interests and leases, and other matters that affect the
Property, as shown of record in Lubbock County, Texas or visible and apparent.
Restriction/Right of Reverter: The Property is conveyed to Grantee subject to the restriction
that (i) Grantee's ownership and operation of the Property will be ancillary to and in connection with
Grantee's ownership and operation of certain real property located adjacent to the Property (the
"Adjacent Property") for purposes that benefit the public interest, and (ii) Grantee will use and
maintain the Property only for a public purpose. Grantee may not operate, use or enjoy, or permit the
operation, use or enjoyment of, the Property in any other manner or for any other purpose, including,
without limitation, selling, leasing, licensing or otherwise transferring all or any part of the Property
and/or any right to use the same to any other person. Grantor, for itself and its successors, legal
representatives and assigns, hereby reserves a right of reverter in the event Grantee shall operate, use
or enjoy, or permit the operation, use or enjoyment of, the Property in violation of this restriction.
Upon any violation of this restriction, the estate herein granted shall, without notice, entry, suit or
other action by Grantor, immediately revert to and vest in Grantor, its successors, legal
representatives and assigns, this instrument shall be null and void, and Grantor and its successors
shall be entitled to immediate and exclusive ownership, possession, use, enjoyment and control of
the Property. The right of reverter reserved herein shall be perpetual unless a perpetual right of
reverter is prohibited by applicable law, in which case such right of reverter shall be for the
maximum term for which a right of reverter may be granted or reserved by governmental authorities
under Texas law.
Grantor, for the Consideration and subject to the Reservations from Conveyance, the
Exceptions to Conveyance, and the Restriction/Right of Reverter, grants, sells, and conveys to
Grantee the Property, together with all and singular the rights and appurtenances thereto in any way
belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever,
without express or implied warranty. All warranties that might arise by common law as well as the
warranties in section 5.023 of the Texas Property Code (or its successor) are excluded.
This conveyance is intended to include any property interests obtained by after -acquired title
Page 2
When the context requires, singular nouns and pronouns include the plural.
GRANTOR:
LUBBOCK INDEPENDENT SCHOOL DISTRICT
By: �---
Printed Name
Title: NolziS
STATE OF TEXAS
COUNTY OF LUBBOCK
Before me, the undersigned authority, on this day personally appeared
411AA, OilkttPl -,known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed the same as
e act of LUBPOCK INDEPENDENT SCHOOL DISTRICT, as its
t. inli hlL CA 1I bla Df� liksW, for the purposes and consideration therein expressed.
Given under my hand and seal of office this W day of *k h/A , , 2017.
APRtI SANDOVAL
Notary Public, State of Texas
:,.
0.�p My Commission Expires
'+;„ ,,• May 03, 2018
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion Countyy Clerk
Lubbock County TEXRS
10/18/2017 02:68 PM
FEE: $34.00
2017037587
Notaty Public, State e Texas
My commission expires: QrjI03'7���
Page 3
Proposed LISD Property
Located South of George Woods Park and West of North Zenith Avenue
Feet Digital Orthophotography - June 2016
0 50 100 200
As required by SECTION 1. Chapter 2051, SUBCHAPTER D. GEOSPATIAL DATA PRODUCTS of the Government Code, the City of Lubbock hereby provides Cjh Of
noticethat the data on this map was created by the City of Lubbock. Any data that appears to represent property boundaries is for informational purposes Lubb o ck
and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and
represents only the approximate relative location of property boundaries. TEXAS
RESOLUTION
OF
THE BOARD OF TRUSTEES
OF
LUBBOCK INDEPENDENT SCHOOL DISTRICT
In accordance with Texas Education Code § 11.154, the Board of Trustees of
Lubbock Independent School District ("LISD") does hereby make the following
Resolution regarding the disposition of LISD real property:
WHEREAS, LISD is the owner of a 0.1971 acre tract in Section 2, Block A,
Lubbock County, Texas, on North Zenith (the "Land"), which is a narrow strip of land
that cannot be used independently;
WHEREAS, the City of Lubbock (the "City") has a portion of a parking lot
located on the Land;
WHEREAS, LISD wishes to donate to the City the Land on which the parking lot
is located pursuant to LISD Board Policy CDB(LEGAL) and Local Government Code
§272.001(b)(1);
WHEREAS, LISD may donate without complying with notice and bidding
requirements this parcel of Land to another political subdivision because (1) the Land
will be used by the City, the entity to which the Land is being donated, to carry out a
purpose that benefits a public interest of I.,ISD; (2) the donation of the Land is made
under terms that affect and maintain the public purpose for which the donation is made;
and (3) the title and right to possession of the Land will revert to LISD if the City ceases
to use the Land for carrying out a public purpose pursuant to Board Policy CDB(LEGAL)
and Local Government Code §272.001(1);
NOW BE IT THEREFORE RESOLVED that LISD shall donate to the City the
Land described as a 0.1971 acre tract in Section 2, Block A, in Lubbock County, on
North 'Zenith, which is being used by the City as a portion of its parking lot;
BE IT FURTHER RESOLVED that LISD is donating this Land to the City to
carry out a purpose that benefits the public interest, the Land will be maintained for a
public purpose, and, if the City fails to use the Land for a public purpose, the Land will
revert back to LISD.
NOW BE IT THEREFORE RESOLVED, that the statements contained in the
preamble of this Resolution are true and correct and adopted as findings of fact and
operative provisions hereof, and that it is in LISD's best interest to donate said Land, and
BE IT FURTHER RESOLVED, that the LISD Board of Trustees orders and
authorizes the donation of the Land in accordance with Local Government Code
§272.001(b)(1) and (1), and orders and authorizes the Superintendent or Board President to
take any and all action to provide notice of LISD's intent to convey the Land with a
reversionary interest by Warranty Deed, and to prepare, execute, and file all documents
necessary to carryout the conveyance of the Land to the City, but it shall be reserved to the
Board President to execute the deed transferring ownership of the Land to the City.
This Resolution shall be in effect from and after its passage on the date shown
below.
Passed and approved by the Lubbock Independent School District Board of Trustees
on this '�b* day of ,m�bthJ , 2017.
Lubbock Independent School District
LAI
By: Laura Vinson
President of the Board of Trustees
By: Mark Blanket ship
Secretary of the Boaild of Trustees
v