HomeMy WebLinkAboutResolution - 2021-R0448 - General Warranty Deed, Day Estates LTD, Tract D Day Estates AdditionResolution No. 2021-R0448
Item No. 6.3
November 16, 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 execute for and
on behalf of the City of Lubbock a General Warranty Deed and all related documents in
connection with a property described as Tract D, Day Estates Addition to the City of
Lubbock, Lubbock County, Texas and all related documents. Said 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 on November 16, 2021
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DANIEL M. POPE, MAYOR
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Reb cca Garza, City Sec et
APPROVED AS TO CONTENT:
Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
lli Leisure, Assistant City Attorney
RES. Warranty Deed— Day Estates
10.15.21
Resolution No. 2021-R0448 2021059869 5 PGS DEED
■III I& Na MON WN 141.15110111111
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIIE, ANY 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.
GENERAL WARRANTY DEED
Date: November 16 .2021
Grantor: DAY ESTATES, LTD., a Texas limited partnership
Grantor's mailing address: P.O. Box 93823, Lubbock, Lubbock County, Texas 79493.
Grantee: CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas
Grantee's mailing address: P.O. Box 2000, Lubbock, Lubbock County, Texas 79457.
Consideration: The fulfillment by Grantor of all standards for acceptance by the City of Lubbock of
ownership of a stormwater detention basin as set forth in Articles 30.04 and 38.06 of the Code of Ordinances
of the City of Lubbock.
Property (including any improvements):
TRACT D, DAY ESTATES, an Addition to the City of Lubbock, Lubbock County, Texas, according to the
Map, Plat and/or Dedication Deed thereof recorded in Document No. 2018001478 of the Official Public
Records of Lubbock County, Texas.
Reservations from conveyance: None
Exceptions to Conveyance and Warranty:
SUBJECT TO any and all conditions and restrictions, outstanding mineral reservations and easements of
record, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the
same may be in full force and effect.
AS A MATERIAL PART OF THE CONSIDERATION FOR THIS CONVEYANCE, THE PARTIES
HERETO DO AGREE THAT GRANTEE IS TAKING THE PROPERTY "AS IS" WITH ANY AND ALL
LATENT AND PATENT DEFECTS AND THAT THERE IS NO WARRANTY BY GRANTOR THAT
THE PROPERTY IS FIT FOR A PARTICULAR PURPOSE. GRANTEE ACKNOWLEDGES THAT
GRANTEE IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER
ASSERTION WITH RESPECT TO THE PROPERTY CONDITIONS, BUT IS RELYING SOLELY UPON
GRANTEE'S EXAMINATION OF THE PROPERTY. GRANTEE TAKES THE PROPERTYUNDER THE
EXPRESS UNDERSTANDING THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES
(EXCEPT FOR THE WARRANTIES OF TITLE SET FORTH HEREINBELOW).
Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty, grants, gives, 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
successors to warrant and forever defend all and singular the Property to Grantee and Grantee's successors
and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof,
except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural.
ACCEPTED:
DANIEL M. POPE, MAYOR
ATTEST:
REB CcreCA GARZA, City S ry
DAY ESTATES, LTD., a Texas limited partnership
BY: DAN A. DAY, INC., a Texas corporation, its
General Partner
B If r
Y:
DAMES PIPKIN, AtAorized Agent
ACKNOWLEDGMENTS
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 JAMES PIPKIN, known 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 DAN A. DAY,
INC., a Texas corporation, and that he executed the instrument on behalf of the corporation for the purposes
and consideration expressed, and in the capacity hereinabove stated; said corporation acting as General
Partner on behalf of DAY ESTATES, LTD., a Texas limited partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this LL:3:!�Iay o 2021.
SHAWNA POINDEXTER
NOTARY PUBLIC otary Public, State of Texas
' * STATE OF TEXAS
MY COMM. EXP.10/27/23
NOTARY ID 1034696-7
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 DANIEL M. POPE, known 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 the CITY OF
LUBBOCK, a Home Rule Municipal corporation, on behalf of the corporation, for the purposes and
consideration expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this I 1�' day of V 2021.
zo.�Y CARINA REYES
Notary Public, State of Texas Notary Public, State of Texa
Notary ID# 13331645-5
My Commission Expires 09.07-2025
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
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Kelly Pinion County Clerk
Lubbock Coun�y TEXAS
11/22g/2021 01:i4 PM
FEE:2021059869