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Home My WebLink AboutResolution - 2004-R0005 - Resolution Acceping General Warranty Deed From Market Lubbock Economic Dev. Corp - 01_08_2004RESOLUTION Resolution No. 2004-R0005 January 8, 2004 Item No. 20 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City of Lubbock hereby accepts the General Warranty Deed from Market Lubbock Economic Development Corporation to the City of Lubbock, conveying that certain tract of land located in Section 38, Block D, Lubbock County, Texas, as described therein, and all of its terms and provisions. A true and correct copy of the 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 8th day of ATTEST: RciJe~aGarza, City SecretafyZ'S APPROVED AS TO CONTENT: J~Ginley Interim Director of Aviation APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney ke/ccdocs/MLI.Hangar.GWD. res December 29, 2003 January , 2004. Resolution No. 2004-R0005 January 8, 2004 Item No. 20 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 "Granter"), for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00), and other good and valuable consideration to Granter in hand paid by the CITY OF LUBBOCK, a Texas home rule municipal corporation (herein called "Grantee"), 1625 13th Street, Lubbock, TX, 79457, the receipt and sufficiency of which are hereby acknowledged and confessed, subject to the exceptions 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"). Exceptions to Conveyance and Warranty: Validly existing easements and rights-of-way of record; all presently recorded and validly existing restrictions, reservations, covenants, conditions, and other instruments, other than conveyances of the surface fee estate, that affect the Property; taxes for the year 2004, attributable to the period of ownership of the Property by Granter which shall be paid by funds received at closing from Granter. MLI. Tyco.Hangar. GWD Page I of6 TO HA VE AND TO HOLD the Property, subject to the 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. EXECUTED the 7th day of January GRANTOR: MARKET LUBBOCK ECONOMIC D ELOPMENT CORPORATION Title: Chairman STATE OF TEXAS § COUNTY OF LUBBOCK § , 2004. ~ . This instrument was acknowledged before me on 3Q,n . j_, 2004, by ·_v d \\ \d~~111ijrC);p..1, ['l\(l.¥\ , of Market Lubbock Economic Development Corporation, a J-e~.~~~~2fit corporation, on be~alf of said corpora!ion . .:§<)x":.·-,l'UB,··. -~ ~ U}fu~ ~ • ~' <./ • ~ §I< ... '<" _M () ·.. ~ f ~ { i ~ E .) } Notary Public in and for the State of Texas \ \. o>;--1n 0 \ ~/~ J My commission expires 8-/{.p-06 % ··... EXl'~~···R)<) if ~ ·········b~ri; # ~;,,,,, 0 8-1 ~,,,"I-~ lt1111111u111111111111'' MLI.Tyco.Hangar.GWD Page 2 of6 Resolution No. 2004-R0005 EXHIBIT "A" SURFACE ESTATE ONLY IN AND TO: A 170.53 acre tract of land located in Section 38, Block D, Lubbock County, Texas, being further described as follows: BEGINNING at a "PK" nail found at the Southwest comer of this tract which bears N. 88°33'49" W. a distance of 5287.13 feet from the Southeast comer 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 ofN. 6°08'40" E., and a chord distance of 505.14 feet to a point of intersection; THENCE N. 11°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 of2864.99 feet, a central angle of3°37'14", a chord bearing ofN. 9°24'14"E., and a chord distance of 181.01 feet to a point of intersection; THENCE S. 88°46'27" E., 50.31 feet pass a Yi'' iron rod with cap found in the East right-of-way line of said county road, continuing for a total distance of 2531.92 feet to a Yz" iron rod with cap set for the Northeast comer of this tract; THENCE S. 1 °13'33" W., at 2773.02 feet pass a Yi" iron rod with cap found in the North right-of-way line of FM Highway No. 1294, continuing for a total distance of2823.02 feet to a point in the South line of said Section 38; THENCE N. 88°33'49" W., along the South line of said Section 38 a distance of 2649.62 feet to the POINT OF BEGINNING; TRACT II: SURFACE ESTATE ONLY IN AND TO: A 131.12 acre tract of land located in Section 38, Block D, Lubbock County, Texas, being, the North portion of that 301.648 acre tract of land recorded in Volume 7108, Page 73, Real Property Records of Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at a cross chiseled on concrete found in the centerline of a paved county road, (old U.S. 87) at the Southwest comer of this tract which bears N. 88°33'49" W. a distance of 5179.77 feet and N. 01 °26' 11" E. a distance of 2813.69 feet from the Southeast comer of said Section 38, Block D, Lubbock County, Texas; IBENCE Northeasterly, along said centerline, along a curve to the left, said curve having a radius of 2864.99 feet, a central angle of05°54'38", a chord bearing ofN. 04°38'18" E., and a chord distance of 295.42 feet to a point of intersection; THENCE N. 1°44'07" E., continuing along said centerline a distance of 343.52 feet to a point of curvature; MLI.Tyco.Hangar.GWD Page 3 of6 THENCE Northeasterly, continuing along said centerline, along a curve to the right, said curve having a radius of 1432.39 feet, a central angle of 25°00'00", a chord bearing of N. 14°05'40" E., and a chord distance of 620.05 feet to a point of intersection; THENCE N. 26°37'44" E., continuing along said centerline a distance of 574.36 feet to a point of curvature; THENCE Northeasterly, continuing along said centerline, along a curve to the left, said curve having a radius of 1273.24 feet, a central angle of 32°52'21", a chord bearing of N. I0°12'07"E., and a chord distance of 720.52 feet to a point of intersection in the North line of said Section 38; THENCE S. 88°44 '36" E., along the North line of said Section 38, at 50.41 feet pass a Yi" iron rod with cap set in the East right-of-way line of said county road, continuing for a total distance of 2014.38 feet to a Yi" iron rod with cap set for the Northeast corner of this tract; THENCE S. 01 °13'33" W., a distance of 2472.32 feet to a Yi" iron rod with cap found at the Southeast corner of this tract; THENCE N. 88°46'27" W., a distance of253I.92 feet to the POINT OF BEGINNING; SAVE AND EXCEPT: A 7 .721 acre tract of land located in the Southwest Quarter and the Northwest Quarter of Section 38, Block D, Lubbock County, Texas, being a portion of those tracts conveyed to B. E. Gentry by deeds recorded in Volume 200, Page 282 and Volume 215, Page 609, Deed Records of Lubbock County, Texas, said 7.721 acre tract being further described as follows: BEGINNING at a "PK" nail found in the South line of Section 38 and the North line of Section 36, Block A, 1.0 foot North of the centerline of FM Highway No. 1294 for the Northeast corner of a 0.8081 acre railroad easement tract and the Southeast corner of this tract which bears N. 88°33'49" W. a distance of 3849.27 feet from a 1/2" iron rod with cap found at the Southeast corner of said Section 38; THENCE N. 88°33'49" W., along the South line of said Section 38 and the North line of said Section 36 a distance of 100.00 feet to a "PK" nail found at the Northwest corner of said 0.8081 acre tract and the Southwest corner of this tract; THENCE N. 01 °28'57" E., at 50.00 feet pass the North right-of-way line of said FM highway, continuing for a total distance of 1210.39 feet to a 1/2" iron rod with cap set for a point of curvature; THENCE Northwesterly along a curve to the left, said curve having a radius of712.75 feet, a central angle of44°50'41", a chord distance of543.73 feet, and a chord bearing ofN. 20°56'24" W. to a 1/2" iron rod with cap set for a point of tangency; THENCE N. 43°21'44" W. a distance of 1265.13 feet to a 1/2" iron rod with cap set for a point of curvature; THENCE Northwesterly along a curve to the right, said curve having a radius of 812.75 feet, a central angle of 5°33'11 ", a chord distance of78.74 feet, and a chord bearing ofN. 40°35'08" W. to a set 1/2" iron rod with cap; THENCE N. 52°11 '27" E. a distance of 10.00 feet to a set 1/2" iron rod with cap; THENCE Northwesterly along a curve to the right, said curve having a radius of 802. 75 feet, a central angle of 5°36'54", a chord distance of 78.64 feet, and a chord bearing ofN. 35°00'06" W. to a 1/2" iron rod MLI.Tyco.Hangar.GWD Page 4 of6 2-004-(LOoO 5 with cap set for a point of intersection in the East right-of-way line of a paved county road (Old US Highway No. 87); THENCE Southwesterly, along said right-of-way line, along a curve to the right, said curve having a radius of 2914.99 feet, a central angle of 0°17'44", and a chord distance of 15.03 feet to a point of intersection; THENCE Northwesterly, along a curve to the right, said curve having a radius of 712.75 feet, a central angle of5°37'27", and a chord distance of79.75 feet to a point in the centerline of the existing highway; THENCE Northeasterly, along said existing centerline, along a curve to the left, said curve having a radius of2864.99 feet, a central angle of 4°40'19", and a chord distance of233.55 feet to a point; THENCE Southeasterly, along a curve to the left, said curve having a radius of 712.79 feet, at a central angle of 10°58'07", and a chord distance of 136.24 feet, pass the existing right-of-way line of said highway, continuing for a total central angle of31°56'09" and a total chord distance of392.15 feet to a 1/2" iron rod with cap set for a point of tangency; THENCE S. 43°21'44" E. a distance of 1265.13 feet to a 1/2" iron rod with cap set for a point ofcurvature; THENCE Southeasterly along a curve to the right, said curve having a radius of812.75 feet, a central angle of 44°50'41 ", a chord distance of620.02 feet, and a chord bearing of S. 20°56'24" E. to a 1/2" iron rod with cap set for a point of tangency; THENCE S. 01°28'57" W., at 1160.31 feet pass the North right-of-way line of said FM highway, continuing for a total distance of 1210.31 feet to the POINT OF BEGINNING; and SA VE & EXCEPT: SURFACE ESTATE ONLY IN AND TO: A 7.359 acre proposed 100' wide railroad right-of-way located in Section 38, Block D, Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at a 1/2" iron rod with cap set at the intersection of the East line of said proposed railroad right-of-way and the North right-of-way line of FM Highway No. 1294 for the Southeast corner of this tract which bears N. 88°33'49" W. a distance of3060.97 feet and N. 1 °26'1 l" E. a distance of 50.00 feet from the Southeast corner of said Section 38; THENCE N. 88°33'49" W., along said highway right-of-way line a distance of 100.00 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE N. 1°13'13" E. a distance ofl344.30 feet to a 1/2" iron rod with cap set for a point of curvature; THENCE Northwesterly, along a curve to the left, said curve having a radius of712.75 feet, a central angle of 89°34'57", and a chord distance of 1004.30 feet to a 1/2" iron rod with cap set for a point of tangency; THENCE N. 88°21 '44" W. a distance of 333.12 feet to a 1/2" iron rod with cap set for a point of curvature; THENCE Northwesterly, along a curve to the right, said curve having a radius of 812.75 feet, a central angle of 16°16'40", and a chord distance of 230.13 feet to a 1/2" iron rod with cap set in the East line of an existing 100' wide railroad right-of-way; THENCE N. 43°21 "44" W., along said existing right-of-way line a distance of 390.58 feet to a 1/2" iron rod with cap set for the most northerly corner of this tract; MLI. Tyco.Hangar.GWD Page 5 of6 THENCE Southeasterly, along a curve to the left, said curve having a radius of712.75 feet, a central angle of 45°00'00", a chord bearing of S. 65°51 '44" E., and a chord distance of 544.65 feet to a 1/2" iron rod with cap set for a point of tangency; THENCE S. 88°21'44" E. a distance of333.12 feet to a 1/2" iron rod with cap set for a point of curvature; THENCE Southeasterly, along a curve to the right, said curve having a radius of812.75 feet, a central angle of89°34'57", and a chord distance of 1145.21 feet to a 1/2" iron rod with cap set for a point of tangency; THENCE S. 1 °13'13" W. a distance of 1344.68 feet to the POINT OF BEGINNING. Ucityatt/Richard/MLJ. Tyco.GWD. Hangar December 16, 2003 January 2, 2004 MLI.Tyco.Hangar.GWD Page 6 of6