HomeMy WebLinkAboutResolution - 2006-R0264 - Development Agreement - Owners North Of 98Th Near Avenue P, Annexation - 06_08_2006Resolution No. 2006-RO264
June 8, 2006
Item No. 5.7
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 Development Agreement
with certain owners of property north of 981h Street near Avenue P in lieu of annexation
of said property and all related documents. Said Agreement 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 8 th day of .Tune , 2006.
DAVID MILLER, MAYOR
ATTEST:
Reb ca Garza, City Secretary
AP/aZAS,TO CONTENT:
"�4S,
Randy Henso ,
Director of Planning
APPROVED AS TO FORM:
Linda L. Chamales, Senior Attorney
Office Practice Section
City att / Linda / Res — Annexation Agreement
June 1, 2006
ya'�' 4a& -11-1t"r --
GENERAL DURABLE POWER OF ATTORNEY
STATE OF TEXAS * Resolution No. 2006-RO264
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK *
NOTICE: The powers granted by this document are broad and sweeping. They are explained in the
Durable Power of Attorney Act, Chapter XH, Texas Probate Code. If you have any questions about
these powers, obtain competent legal advice. This document does not authorize anyone to make
medical and other health care decisions for you. You may revoke this power of attorney if you later
wish to do so.
I, DALE RAMSEY, appoint my wife, HATTYE RAMSEY, as my agent (attorney -in -fact) to act for
me in any lawful way with respect to all of the following powers, except f "I a power that I have cross out
below.€
TO WITHHOLD A POWER, YOU MUST CROSS
WITHHELD.
(A) real property transactions;
".
(B) tangible personal property transactions; �r;;,:'�„
(C) stock and bond transactions, �,
(D) commodity and option tra.-- ` aonsx ,
(E) banking and other finan nstitutio '" "ansactions;
(F) business operating tr s ' s;
(G) insurance and annuity trans °e ;N nws_,,
(H) estate, trust, an otl� beneficla transactians;
(I) claims andj "" g�fa
(J) personal ' family mamten nce;
(K) benefit om social securit�<Iedicare,lVledicaid, or other Governmental programs
or civil +- litary service;
1� Y
(L) r..tiremei an transactions,
(M)
IF NO P WER IS LISTED .'G. ' _T CROSSED OUT, THIS DOCUMENT SHALL BE
CONSTRUED INTERPRETS AS A GENERAL POWER OF ATTORNEY AND MY AGENT
(ATTORNEY FACT) SHALL VE THE POWER AND AUTHORITY TO PERFORM OR
UNDERTAKE "' . ACTION I CO D PERFORM OR UNDERTAKE IF I WERE PERSONALLY
PRESENT.
ADDITIONAL POWERS
In addition, I give the following special instructions limiting or extending the powers granted to ,my
agent so that my agent can act for me in any lawful way with respect to all of the following powers below
except for any that I have crossed out:
TO WITHHOLD A POWER, YOU MUST CROSS OUT EACH POWER WITHHELD.
(A) Execute a Trust Agreement, designating my agent as Trustee, and transfer to the
Trust any or all of my property, provided that the income and principal of the Trust
shall be distributable to me, the guardian of my estate, or my agent, for the
expenditure on my behalf and the remaining principal and unexpended income shall
be distributed to my estate upon my death and further provided the Trust shall be
amendable and revocable at any time by me or my agent.
General Power of Attorney
Dale Ramsey
"--- , -PA
(B) Convey or release any contingent or expectant interests in property, in any rights of
survivorship incident to a joint tenancy, in any tenancy by the entirety, in any joint
bank account, and/or any marital property rights.
(C) Change any ownership designations on any insurance policy, annuity, pension plan,
individual retirement account, or other retirement benefit, whether such designation
was originally made by me or not.
(D) Change the form of payment to any beneficiary designations on any insurance
policy, annuity, pension plan, individual retirement account, or other retirement
benefit, but cannot change who the beneficiary is on any insurance policy, annuity,
pension plan, individual retirement account, or other retirement benefit.
(E) Make gifts in amounts not exceeding $10,000 annually per donee to one or more of
my spouse, children, or other of my issue (including any agent who may be a
permissible donee; however, any gifts to my agent;shall not exceed the greater of
$5,000 or five percent (5%) of my net estate annually, but shall in no respect exceed
$10,000). Gifts may be in fee simple, through custodianship, expenditure on their
behalf or upon such terms, trusts, conditions, and limitations as deemed proper;
however, all gifts shall be made in such manner as to qualify in their entirety for the
annual exclusion from the Federal Gift Tax. Notwithstanding the foregoing, my
agent is not limited in making gifts of any amount deemed appropriate in connection
with estate planning to munivmize any estate tax that may be due at my death, or the
death of my spouse. Addlt> iially, in connection with any such planning, my agent
is authorized to establish any entities'trusts, etc. deemed appropriate to reduce any
such estate tax liability and to execute any documents deemed necessary for the
establishmep of any such entities trusts, etc.
(F) Make gifts to charities in amounts not exceeding the maximum amount permitted
for a charitable contribution under the Federal Income Tax laws and commensurate
with my`pat giving practices both as to amounts and as to the types of charitable
My agent is no6'personally liable for any act done under the authority of this
Durable Power of Attorney except for acts that constitute gross misconduct, gross
negligence or Fraud.
My agent is„p'ermitted to self deal, so that my agent may buy or sell, either directly
*rde.ffy, any of my property, from or to my agent, an affiliate, a relative,
empldyer, partner, or business associate; provided however, any such transactions
shall be for full and adequate consideration determined in negotiations which are
otherwise at arm's length.
(I) My agent cannot exercise any incident of ownership within the meaning of Internal
Revenue Code Section 2042 with regard to any life insurance policy on the life of
my agent.
IF NO POWER LISTED ABOVE IS CROSSED OUT, THIS DOCUMENT SHALL BE
CONSTRUED AND INTERPRETED AS A DURABLE, GENERAL AND UNIVERSAL POWER OF
ATTORNEY ALLOWING MY AGENT (ATTORNEY -IN -FACT) TO DO ANY AND EVERY ACT AND
EXERCISE ANY AND EVERY POWER THAT I MIGHT OR COULD DO OR EXERCISE THROUGH
ANY PERSON.
General Power of Attorney
Dale Ramsey
P-1ofd
ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR
EXTENDING THE POWERS GRANTED TO YOUR AGENT.
UNLESS YOU DIRECT OTHERWISE, THIS POWER OF
IMMEDIATELY AND WILL CONTINUE UNTIL TT IS REVOKED.
CHOOSE ONE OF THE FOLLOWING ALTERN.,
T1VES
ALTERNATIVE NOT CHOSEN:
(A) This power of attorney is not affected by my subsequentz
YOU SHOULD CHOOSE ALTEI
BECOME EFFECTIVE ON THE DATE IT
POWER
IS EFFECTIVE
CROSSING OUT THE
or incapacity.
ATTORNEY IS TO
IF NEITHER (A) NOR (B) IS G 2uQM§,QED OUT WILL BE ASSUMED THAT YOU CHOSE
ALTERNATIVE (A). s�
�.
If Alternative (B) is clid nand a definition ti ny disability or incapacity is not contained in this
Power of Attorney, I shall be cod` ered disabled or iM pacitated for purposes of this power of attorney if
a physician certifies in w&ting a to later than the'te this power of attorney is executed that, based on
the physician's med na me, I am medlally incapable of managing my financial affairs. I
authorize the phy tian who exami r this�p rpose to disclose my physical or mental condition to
another person f purposes of this pow attdmey. A third party who accepts this power of attorney is
fully protected m any action taken under this power of attorney that is based on the determination made
by a physician Oy disability or incapacity.
My disabilt incapacity;Ball be determined by my physician or group of physicians, which at
this time consists o�°'
Dr.
I agree that any third party who receives a copy of this document may act under it. Revocation of
the durable power of attorney is not effective as to a third party until the third party receives actual notice
of the revocation. I agree to indemnify the third party for any claims that arise against the third party because
of reliance on this power of attorney.
In the event my spouse and I are divorced at the time this Power of Attorney becomes effective, or
thereafter, I revoke the appointment of my spouse above, and specifically appoint the successor named below
as my agent (attorney -in -fact),
My agent shall receive no fee for the services rendered on my behalf as a result of her appointment
as attorney -in -fact herein.
General Power of Attorney
Dale Ramsey
If any agent named by me dies, become legally disabled, resigns, or refuses to act, I name the
following (each to act alone and successively, in the order named) as successor(s) to that agent:
1. Scott Ramsey
2. Chad Ramsey
Signed this 11`' day of December, 2002.
DALE RAMSEY '
In token acceptance of agent's appointment as attorney -in -fact
HATTYE RAMSEY has hereunto set her hand this 11°i day of Decem'
THE ATTORNEY IN FACT OR AGENT, BY ACCEPTING
APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHN,EGAL
AGENT. �'
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was
as Principal
L
STATEN,
COUNTY OF L1
A)
My Commisson c
09-26-2006
ta�cur:�racsz,°°°o°
*
*
no"V
provide a sample signature,
12.
ACTING UNDER THE
PONSIBILITIES OF AN
before"" n the 11,7'-day of December, 2002 by Dale Ramsey,
;r
70
of Texas
This instrumen " c' owledged before me on the 1.1' da of December 2002 Hattye Ramsey,
as attorney -in -fact.
Not Public ate of Texas
..axra?��tz�tstz�x,
�'�.Y'�•� NAI�Y 0. PIPER
Notwy pbfic, State ofTexas
MCm2iresyomsion Expires
General Power of Attorney
Dale Ramsey
yG:g
Resolution No. 2006-RO264
June 8, 2006 FINAL DRAFT
Item No. 5.7
DEVELOPMENT AGREEMENT — FORM/OUTLINE
This Development Agreement (this "Agreement") is executed between Billy Ray Foster;
Deborah G. Foster; Ronnie Dale Medley; Deborah I. Medley; William B. Wallace; Luther S.
Bull; Texas Boys Ranch, Incorporated; Walter Buchanan; Terrell F. Hutchens; Jim S. Lara;
Juanita C. Lara; Dale Ramsey; and Hattye Ramsey (each an "Owner" and collectively, the
"Owners") and the City of Lubbock, Texas (the "City") to be effective June 8 , 2006 (the
"Effective Date").
ARTICLE I
RECITALS
WHEREAS, the City is a home rule municipal corporation of the State of Texas; and
WHEREAS, the Owners and the City are sometimes individually referred to as a "Party" and
collectively as the "Parties"; and
WHEREAS, the Owners collectively own the real property located in Lubbock County (the
"County") and described by metes and bounds on Exhibit A and depicted on Exhibit B attached
to this Agreement in a red border north of 981h Street (the "Property"); and
WHEREAS, the Property is located wholly within the extraterritorial jurisdiction ("ETJ") of the
City and not within the ETJ or corporate limits of any other town or city; and
WHEREAS, the Property is developed with a mix of land uses developed under County rules
and regulations; and
WHEREAS, the Parties intend for the Property remain within the City's ETJ and to be immune
from full -purpose annexation by the City for the term of this Agreement; and
WHEREAS, notwithstanding the fact that the Property is located within the City's ETJ and is not
subject to the City's zoning regulations, the Parties intend that new construction and changes of
land uses be governed by the standards set forth in this Agreement; and
WHEREAS, the Parties have the authority to enter into this Agreement pursuant to Section
212.171 et seq of the Texas Local Government Code, as amended.
NOW THEREFORE, for and in consideration of the mutual covenants of the Parties set forth in
this Agreement, and for other good and valuable consideration the receipt and adequacy of which
are acknowledged and agreed by the Parties, the Parties agree as follows:
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ARTICLE II
DEVELOPMENT REGULATIONS
2_1 Governing Regulations. Development of the Property shall be governed solely by the
following regulations during the term of this Agreement:
(a) the subdivision rules and regulations of the City adopted pursuant to Chapter 212
of the Texas Local Government Code (the "Subdivision Regulations"); and
(b) the development regulations set forth on Exhibit C (the "Development
Regulations").
ARTICLE III
TERM OF AGREEMENT
The term of this Agreement shall be 10 years after the Effective Date unless extended by mutual
agreement of all of the Owners and the City (as extended, the "Term").
ARTICLE IV
JURISDICTIONAL STATUS
4_1 Immunity From Annexation. The Property shall remain in the ETJ of the City and be
immune from annexation by the City for the Term of this Agreement.
4_2 Full Purpose Annexation. At the end of the Term of this Agreement, the Owners and all
future owners of the Property irrevocably and unconditionally consent to the full purpose
annexation of the Property into the corporate limits of the City in accordance with this
Agreement and waive all objections and protests to such annexation. This Agreement shall
serve as the petition of the Owners and all future owners to full purpose annexation of the
Property in accordance with this Agreement. The City shall file a zone case for the Property in
accordance with Exhibit C within 90 days after annexation of the Property, and to the extent the
City fails to do so, the Property may be used and developed in accordance with Exhibit C
regardless of the zoning in place on the Property. This Section 4.2 shall survive the expiration of
this Agreement.
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ARTICLE V
EVENTS OF DEFAULT; REMEDIES
51 Events of Default. No Party shall be in default under this Agreement until notice of the
alleged failure of such Party to perform has been given (which notice shall set forth in reasonable
detail the nature of the alleged failure) and until such Party has been given a reasonable time to
cure the alleged failure (such reasonable time determined based on the nature of the alleged
failure, but in no event less than 30 days after written notice of the alleged failure has been
given). In addition, no Party shall be in default under this Agreement if, within the applicable
cure period, the Party to whom the notice was given begins performance and thereafter diligently
and continuously pursues performance until the alleged failure has been cured.
5_2 Remedies. If a Party is in default, the aggrieved Party may, in its sole discretion and
without prejudice to any other right or remedy under this Agreement, seek any relief available at
law or in equity, including, but not limited to, an action under the Uniform Declaratory Judgment
Act, specific performance, mandamus, and injunctive relief. In a addition, the City shall have all
of the same rights to enforce the Development Regulations of the Property while it is in the ETJ
that it otherwise has to enforce zoning violations within its corporate limits.
NOTWITHSTANDING THE FOREGOING, HOWEVER, NO DEFAULT UNDER THIS
AGREEMENT SHALL:
(a) entitle the aggrieved Party to terminate this Agreement; or
(b) entitle the aggrieved Party to seek or recover civil monetary damages; or
(c) adversely affect or impair the continuation of the ETJ status of the Property and
its immunity from annexation as provided by this Agreement; or
(d) limit the Term of this Agreement.
5_3 Governmental Powers; Waivers of Immunity. By its execution of this Agreement, the
City does not waive or surrender any of its governmental powers, immunities, or rights except as
specifically stated in this Agreement.
ARTICLE VI
ASSIGNMENT AND ENCUMBRANCE
6_1 Assignment by the Owners to Successor Owners. Each Owner has the right (from time to
time without the consent of the City, but upon written notice to the City) to assign this
Agreement, in whole or in part, and including any obligation, right, title, or interest of the Owner
under this Agreement, to any person or entity (an "Assignee") that is or will become an owner of
any portion of the Property. Each assignment shall be in writing executed by the Owner and the
Assignee and shall obligate the Assignee to be bound by this Agreement to the extent this
Agreement applies or relates to the obligations, rights, title, or interests being assigned. A copy
of each assignment shall be provided to all Parties within 15 days after execution. From and
after such assignment, the City agrees to look solely to the Assignee for the performance of all
obligations assigned to the Assignee and agrees that the Owner shall be released from
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subsequently performing the assigned obligations and from any liability that results from the
Assignee's failure to perform the assigned obligations; provided, however, if a copy of the
assignment is not received by the City within 15 days after execution, the Owner shall not be
released until the City receives such assignment. No assignment by the Owner shall release the
Owner from any liability that resulted from an act or omission by the Owner that occurred prior
to the effective date of the assignment unless the City approves the release in writing. The
Owner shall maintain written records of all assignments made by the Owner to Assignees,
including a copy of each executed assignment and the Assignee's Notice information as required
by this Agreement, and, upon written request from any Party or Assignee, shall provide a copy of
such records to the requesting person or entity.
6_2 Assignment by the City. The City shall not assign this Agreement, in whole or in part.
6_3 Encumbrance by Owner and Assignees. The Owners and Assignees have the right, from
time to time, to collaterally assign, pledge, grant a lien or security interest in, or otherwise
encumber any of their respective rights, title, or interest under this Agreement for the benefit of
their respective lenders without the consent of, but with prompt written notice to, the City. The
collateral assignment, pledge, grant of lien or security interest, or other encumbrance shall not,
however, obligate any lender to perform any obligations or incur any liability under this
Agreement unless the lender agrees in writing to perform such obligations or incur such liability.
Provided the City has been given a copy of the documents creating the lender's interest,
including Notice (hereinafter defined) information for the lender, then that lender shall have the
right, but not the obligation, to cure any default under this Agreement and shall be given a
reasonable time to do so in addition to the cure periods otherwise provided to the defaulting
Party by this Agreement; and the City agrees to accept a cure offered by the lender as if offered
by the defaulting Party. A lender is not a Party to this Agreement unless this Agreement is
amended, with the consent of the lender, to add the lender as a Party. Notwithstanding the
foregoing, however, this Agreement shall continue to bind the Property and shall survive any
transfer, conveyance, or assignment occasioned by the exercise of foreclosure or other rights by a
lender, whether judicial or non judicial. Any purchaser from or successor owner through a
lender of any portion of the Property shall be bound by this Agreement and shall not be entitled
to the rights and benefits of this Agreement with respect to the acquired portion of the Property
until all defaults under this Agreement with respect to the acquired portion of the Property have
been cured.
ARTICLE VII
RECORDATION, RELEASES, AND ESTOPPEL CERTIFICATES
Pursuant to the requirements of Section 212.172(f) of the Texas Local Government Code, as
amended, this Agreement and all amendments hereto shall be recorded in the deed records of the
County. After this Agreement is recorded, the Development Regulations shall be binding upon
the Parties and their successors and assigns and upon the Property. For purposes of construing
Section 212.172 of the Texas Local Government Code, the Parties agree that the Owners are
end -buyers of fully developed and improved lots, and that the term "land use and development
regulations that apply to specific lots" means the Development Regulations.
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ARTICLE VIII
ADDITIONAL PROVISIONS
8_1 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the
Effective Date; (b) form the basis upon which the Parties negotiated and entered into this
Agreement; and (c) reflect the final intent of the Parties with regard to the subject matter of this
Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the
intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the
maximum extent possible, given full effect. The Parties have relied upon the recitals as part of
the consideration for entering into this Agreement and, but for the intent of the Parties reflected
by the recitals, would not have entered into this Agreement.
8_2 Notices. All notices required or contemplated by this Agreement (or otherwise given in
connection with this Agreement) (a "Notice") shall be in writing, shall be signed by or on behalf
of the Party giving the Notice, and shall be effective as follows: (a) on or after the 10"' business
day after being deposited with the United States mail service, Certified Mail, Return Receipt
Requested with a confirming copy sent by FAX; (b) on the day delivered by a private delivery or
private messenger service (such as FedEx or UPS) as evidenced by a receipt signed by any
person at the delivery address (whether or not such person is the person to whom the Notice is
addressed); or (c) otherwise on the day actually received by the person to whom the Notice is
addressed, including, but not limited to, delivery in person and delivery by regular mail or by E-
mail (with a confirming copy sent by FAX). Notices given pursuant to this section shall be
addressed to the City and the applicable Owner as follows:
To the City: Attn:
To the Owner: Attn: Bill Ray Foster and Deborah G. Foster
9603 Avenue P
Lubbock, Texas 79423
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Attn: Ronnie Dale Medley and Deborah I. Medley
9603 Avenue P
Lubbock, Texas 79423
Attn: William B. Wallace
PO Box 98488
Lubbock, Texas 79499
Attn: Luther S. Bull
8202 Avenue H
Lubbock, Texas 79423
Attn: Walter Buchanan
1506 98`h Street
Lubbock, Texas 79423
Attn: Terrell F. Hutchens
3403 85`h Street
Lubbock, Texas 79423
Attn: Texas Boys Ranch, Incorporated
Attn: Jim S. Lara and Juanita C. Lara
PO Box 2761
Lubbock, Texas 79408
Attn: Dale Ramsey and Hattye Ramsey
9605 Avenue P
Lubbock, Texas 79423
8_3 Reservation of Rights. This Agreement constitutes a "permit" within the meaning of
Chapter 245, Texas Local Government Code, as amended. Except as provided in this
Agreement, Owner does not, by entering into this Agreement, waive (and Owner expressly
reserves) any right that Owner may now or hereafter have with respect to any claim: (a) of
"vested" or "protected" development or other property rights arising from Chapters 43 or 245,
Texas Local Government Code, as amended, or otherwise arising from common law or other
state or federal law; or (b) that an action by the City constitutes a "taking" or inverse
condemnation of all or any portion of the Property. Owners do, however, waive such rights and
claims to the extent they are based on specific agreement of the Parties within this document.
8_4 Interpretation. The Parties acknowledge that each of them has been actively involved in
negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be
resolved against the drafting Party will not apply to interpreting this Agreement. In the event of
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any dispute over the meaning or application of any provision of this Agreement, the provision
will be interpreted fairly and reasonably and neither more strongly for or against any Party,
regardless of which Party originally drafted the provision.
8_5 Authority and Enforceability. The City represents and warrants that this Agreement has
been approved by resolution duly adopted by the City Council of the City in accordance with all
applicable public notice requirements (including, but not limited to, notices required by the
Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the
City has been duly authorized to do so. Owner represents and warrants that this Agreement has
been approved by appropriate action of Owner, that the individual executing this Agreement on
behalf of Owner has been duly authorized to do so. Each Party acknowledges and agrees that
this Agreement is binding upon such Party and enforceable against such Party in accordance with
its terms and conditions and that the performance by the Parties under this Agreement is
authorized by Section 212.171 of the Texas Local Government Code, as amended.
8_6 Entire Agreement, Severability. This Agreement constitutes the entire agreement
between the Parties and supersedes all prior agreements, whether oral or written, covering the
subject matter of this Agreement. This Agreement shall not be modified or amended except in
writing signed by the Parties. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable for any reason, such unenforceable provision shall be
deleted from this Agreement, and the remainder of this Agreement shall remain in full force and
effect and shall be interpreted to give effect to the intent of the Parties. Without limiting the
generality of the foregoing, if it is determined that, as of the Effective Date, any Owner does not
own any portion of the Property, this Agreement shall remain in full force and effect with respect
the remaining portion of the Property that the Owners own.
8.77 Applicable Law, Venue. This Agreement is entered into under and pursuant to, and is to
be construed and enforceable in accordance with, the laws of the State of Texas, and all
obligations of the Parties are performable in Lubbock County, Texas. Venue for any action to
enforce or construe this Agreement shall be Lubbock County, Texas.
8_8 Non Waiver. Any failure by a Party to insist upon strict performance by another Party of
any material provision of this Agreement shall not be deemed a waiver thereof, and the Party
shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by writing
signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes
for which it is given. No waiver by any Party of any term or condition of this Agreement shall
be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
8.99 No Third Party Beneficiaries. This Agreement only inures to the benefit of, and may
only be enforced by, the Parties and Assignees. No other person or entity shall have any right,
title, or interest under this Agreement or otherwise be deemed to be a third -party beneficiary of
this Agreement.
8.10 Force Majeure. Each Party shall use good faith, due diligence and reasonable care in the
performance of its respective obligations under this Agreement, and time shall be of the essence
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in such performance; however, in the event a Party is unable, due to force majeure, to perform its
obligations under this Agreement, then the obligations affected by the force majeure shall be
temporarily suspended. Within three business days after the occurrence of a force majeure, the
Party claiming the right to temporarily suspend its performance, shall give Notice to all the
Parties, including a detailed explanation of the force majeure and a description of the action that
will be taken to remedy the force majeure and resume full performance at the earliest possible
time. The term "force majeure" shall include events or circumstances that are not within the
reasonable control of the Party whose performance is suspended and that could not have been
avoided by such Party with the good faith exercise of good faith, due diligence and reasonable
care
8.11 Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original and constitute one and the same instrument.
8.12 Exhibits. The following Exhibits are attached to this Agreement and are a part of this
Agreement:
Exhibit A
Metes and Bounds Description of the Property
Exhibit B
Depiction of the Property
Exhibit C
Development Regulations
Executed by the Owners and the City to effective on the Effective Date.
ATTEST:
N e: Rebecca Garza
Title: City Secretary
CITY OF LUBBOCK TEXAS
Name: Davi d A. Mi 11 er
Title: Mayor
Date: June 8, 2006
APPROVED AS TO FORM AND LEGALITY
Name: Linda Chamal es
Title: City Attorney - Office Practice
APP ED T CO NT:
rJ
Name: Randy nson
Title: Direcar of Planning
OWNERS:
Luther S. Bull
Dale Ramsey
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Hattye R#nsey
Ranch, Incorporated
Its:
Billy i�
eb ,�
onnie Dale Medley
j
Deboro I. Medley
William B. Wallace
Walter BucVnari
/L74t:,'
Terrell F. Hutchens
m S. Lard
J ita C. Lara
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STATE OF TEXAS §
COUNTY OF LUBBOCK §
FA-
This instrument was acknowledged before me on the $ day of J" 2006 by David A. M#1er,
Mayor of the City of Lubbock, Texas on behalf of said city.
Fe-My
CELIA WEBSNotaryPW)k Stare o1 Texas Notary Pu ic, State of Texas
conurission Expires 03-012010
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on the —� day of _, 2006 by Billy Ray
Foster.
KARLON K. :01f
N
' Notary Pudic Sts
My Common Expiloos Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on the -� day of �Uh� , 2006 by Deborah G.
Foster.
` KARLON K, HOOTEN
Not" Pubk State of Texas Notary Public, State of Texas
My Common Exp � res 1011-2008
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STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on theL9k day of , 2006 by Ronnie Dale
Medley.
SUSAN MAINES
+ Notary Pu*, State of Texas
COm"" 0n ires 0&302009 Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on the W� day of2006 by Deborah I.
Medley.
SUSAN MAINES
(&MY
Notary Public, State of Texas
Commission Expires 06-30-2009
STATE OF TEXAS
COUNTY OF LUBBOCK
Notary Public, State of Texas
This instrument was acknowledged before me on they day of �b., 2006 by William B.
Wallace.
F. SUSAN MAINES fir, Q
Notary Public, State of Texas
My Comrrjss+on Exp"S *3WW9 Notary Public, State of Texas
Page 11
016170.00010:967797.05
FINAL DRAFT
STATE OF TEXAS
COUNTY OF LUBBOCK
This inslg,�m was acknowled ed before me on the '�J day of '., 2006 by
UWA" �', t i0`YYYtS , the of the Texas Boys Ranch, Incorporated, a Texas
nonprofit corporation.
T081E BECK No Public State of Texas
Notary Public, StaFle d TOM
my Camadssion Ems 74M
a
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me onday ofy�006 by Walter
Buchanan. ma _
ETTE RAMIREZ
+ Public, State of Texas
))7-Not"
ission Expires 0213 2010 Notary P lic, State of T
Of 1
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on the 6-1day of �, , 2006 by Terrell F.
Hutchens.
SUSAN MANES
[Votary Public. Staten` r::aas
y
MyCommissonExn,';
Notary Public, State of Texas
Page 12
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FINAL DRAFT
STATE OF TEXAS
COUNTY OF LUBBOCK
ANN
This instrument was acknowledged before me on day of2006 by Luther S. Bull.
LYNETTE RAMIREZ -k, vmvux-y
* Notary Public, State of Texas Notary blic, State ATexas
�, • My Commission Expires 02-13-2010
cf
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on t4 —day of �u , 2006 by Jim S. Lara.
SUSAN MAINES
* Notary Public, State of Texas
�• My Commission Expires Of,-30-2009
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on th��ay of J', t , 2006 by Juanita C.
Lara.
SUSAN MAINES
* * Notary Public. State of Tex<,,
m • �,
►, ,� My Commission Expires G%r��
Notary Public, State of Texas
Page 13
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FINAL DRAFT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
Hattye Ramsey
This instrument w s ac ore me on the 60hiay of June , 2006 by a*b=gyx
SUSAN MAINES
(-4'W
Notary Public, State ^t Texas•My C0Mnjssion F_xpires !`6 0 2009r T,j ,.�:...-. Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF LUBBOCK §
vl__
This instrument was acknowledged before me on the V day of -Z,Ax , 2006 by Hattye
Ramsey.
*D4F
Notary Public, State of Texas
SUSAN MAINES
*Notary Public, State of Texas
My Comftlioh Expires W30-2009
Page 14
016170.00010:967797.05
Resolution No. 2006-RO264
June 8, 2006 FINAL DRAFT
Item No. 5.7
Exhibit "A"
Metes and Bounds Description of the Property
[Deeds begin on following page]
Page 15
016170,00010:967797,05
5 1 (y--`X
boc,cGTY,,19527►w946
(�,fo� z�s 1
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON.
YOU MAY REMOVE OR SIR= ANY OF TIM FOLLOWING INFORMATION
f f FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD 1N THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE
'1 CC NUMBER.
Warranty Deed with Vendors Lien
Date. January 15, 2005
Grantor. Joe T. Jackson
Grantors Mailing Address:
Joe T.Jackson
2101-87th St.
Lubbock, Texas 79423
Lubbock County
Grantee: Billy Ray Foster and Deborah G. Foster, husband and wife; and Ronnie Dale
Medley and Deborah I. Medley, husband and wife
Grantee's Mailing Address:
Billy Ray Foster and Deborah G. Foster
517 E. Kent St.
Lubbock, TX 79403
Lubbock County
Ronnie Dale Medley and Deborah 1. Medley
3901 Cagle Dr.
Ft_ Worth, TX 76118
Tarrant County
Consideration:
A note of even date executed by Grantee and payable to the order of Grantor in die
principal amount of ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS
($125,000.00). The note is secured by a fast and superior vendor's lien and superior tide
retained in this deed and by a first -lien deed of trust of even date from Grantee to Robin
Matthews. trustee.
Property ('including any Improvements):
y
}
t
FINAL DRAFT
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V-tL 9S27maM
Lot 1, Joe Jackson Addition to the City of Lubbock Lubbock County, Texas
AL
Personal Property: The property constituting personal property located in or on
and used in the enjoyment of the Property, including the items identified on the attached
Personal Property Sctedulc, incorporated in this dad by reference.
Reservations from Conveyance:
None
Exceptions to Conveyance Bad Warranty:
This conveyanec is subject to recorded and visible easements and rights -or -way, and
recorded mineral and /or royalty conveyances and reservations.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantce 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. Grantor binds
Grantor and Grantor's hews and successors to warrant and forever defend all and singular the
Property to Grantee and Grantee's hews, successor; and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thenrof, except as to the
Reservations from Conveyance and the Exceptions to Conveyance and Warranty.
The vendor's lien against and superior title to the Property are retained until each note
described is (idly paid according to its teens, at which time this deed will become absolute.
For the same Consideration, Grantor sells, transfers, and delivers the Personal Property to
Grantee and warrants and agrees to defend utk to the Personal Property to Grantee and Grantee's
successors and assigns against all lawful claims. Title in the Personal Property passes at the time
this deed is delivered.
THE PERSONAL PROPERTY TRANSFERRED TO GRANTEE IS SOLD,
TRANSFERRED, AND DELIVERED "AS IS" AND "WITH ALL FAULTS"; FURTHER.
GRANTOR EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
When the contact requires, singular nouns and pronouns include the phnal.
Page 17
016170.00010:967797.05
4 a7uL FAC1348
PERSONAL PROPERTY EXHIBIT TO DEED-JACKSON TO FOSTER & MEDLEY
AUTOMOBILE LIFT, said number P000006193
AUTOMOBILE LIFT, serial number FNR?AB=l
FINAL DRAFT
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9327=349
Joe T. Jackam
STATE OF TEXAS
COUNTY OF LUBBOCK
This insUumrjd was acknowledged before me on a 2005, by Joe T. laclesou
Notary PubIic,Slate ofTexas
SEAL
PREPARED IN THE OFFICE OF. -
Law Offices of Madison Sowdc,.P.C.
1703 Avenue K
Lubbock, TX 79401
Tel: 763-0409
Fax: 763-0644
NIM VALCOX
y
N M
my ftk abb of
Page 19
0 16170.00010:967797.05
AFTER RECORDING RETURN To. Vnl M27p.-050
Billy Ray FosW
517 E. Kent St
Lubbock TX 79403
4iAlt: Lx- 1EXAb
COUNTY OF LUBBOCK
pwr "-wRio mvw
Wd a 17 h— br: W4 4*
=.4 hp d 01MO ft=
Xifll 20 PI2: 33 2
P.M0.0 L ft— b, 0&
FJAN 20 M
010 #
00um cum
UAWW CMWM TVM
FINAL DRAFT
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0 16170.00010:967797.05
FINAL DRAFT
Return to: William Wallaee
P. 0. Box 98488
Lubbock, Texas 79499
- Prepared by the Stale Bar o(Traaa rm mar by lawyers only. r 3e0 V ' ` _7
ry
.—IT—
WARRANTY �.
�r.TJY DEED WITH VENDOR'S LIEN
Daeu August 21. 1991
Granter: BOBBY L. BELL and wife, ELLA W. BELL
Grantor's Mailing Address(irtcluding county): 48" 54th Street, Lubbock, Texas 79414
Grantee: 141111AH B. WALLACE
Grawce i Mailing Address (including county):
P. 0, Box 9848E
Lubbock, Texas 79499
Cwnkwrstion:$10.00 and other good and valuable consideration, cash in hand paid, the
receipt of which is hereby acknowledged and confessed; and the further consideration
of the execution and delivery by the Grantee herein of his one certain promissory note
in the original principal sum of $90,000.00, dated of even date herewith and payable
to the order of the Grantors herein in 120 monthly installments of $1,189.36 each, in—
cluding principal and interest, the first installment being due and payable on or before
October 1, 1991, and one installment to become due and payable on or before the lot day
of each succeeding month thereafter until the whole sum is paid, said note being further
secured by a Dead of Trust of even date therewith, given to Hobert A. Brandt, Trustee;
Page 21
0 16170.00010:967797.05
Ptopctty ('achKUS any imp"wetnemsl:
rtiro� 3�03 we j28
SEE EXHIBIT "A" ATTACM HERETO AND MADE A PART HEREOF -
AS IF F=Y COPIID HEREIN.
Rcsetvatiau hum and Eaccpdow to Conreyanee and Wattenty:
This conveyance is made and accepted subject to outstanding mineral reservations,
easements and restrictions of record, if any.
IS —
FINAL DRAFT
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016170.00010:967797.05
U
FINAL DRAFT
1VOL3668 PME129
Grimm. for the consideration and subject to the reservation from and exceptions toconveymmsad warranty. gnats, seas,
and c0nveystoGramee 'be property. topftrwitb all and singularlbe rigbuf and appnrleNMCSibcreto in any wile belonging, to
have and hold it to Grants. Grantee's heirs, execvrors, administrators. successors, or assigns forever. Grantor hereby bin&
Gramm and Grantor's heirs, executors. admioissntonnd , asuccessors to warrant sad forever defend all and asingular the
Property toarams and Gramse'sheiss. exccouwt. administrators. successors, and assigns. against tray person whomsoever
lawfully claiming or to claim the same or any pan thereof, except as to the nervations from and eaeeptioss to warranty.
The vendor's lien against and superior title to the property are remind until each note described is fully pud seewedieg to its
terms, at which time this deed dull became absolute.
When the context requires. singular hosts and psotnuns include the phsd.
BOBBY L. ELL
ELLA W. BELL
a
STATEOFTFXAS
COUNTYOF LUBBOM
This inxrumero wasacknowledgod before me onthc a ( day of August .19 91
by Bobby L. Bell and wife, Ella W. Bell.. ��,�,,� nQ��� �
SEAS+! TERRY BETEN80YGM f1 a� i-0 , "
Fe--- tkuryPubEa Naary Public. Sr ofTesas
Mr�E T 7AS N utry's name) - ):
Noury'acammissimeapir
(Crrp.Mr Ack—Udamra)
STATE OF TEXAS
COUNTYOF
This inarumem was acknowledged before me on the day of .19
by
of
a corporation. on lehalfor Bald corporation.
Nrxary Public. Suar of Tears
Nary i nmmr (primrdl: ,
N atuy R tonun®bra explm:
AFTER RECORDING RETURN TO,
PREPARED IN THE LAW OFFICE OF:
Page 23
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rva3�a8 P�ee130
EXHIBIT aA"
TRACT It
FINAL DRAFT
A tract out of the SA of Section S, Block E. Lubbock County, Texas, described
as follows
BEGINNING at a 3/4 inch iron pipe sat for the SW corner of a S acre tract des- '
Bribed in Dead of Trust recorded in Volume 442, Page 193, Deed of Trust Records
of Lubbock County, Texas, for the SW and beginning corner of this tract;
TftMCE North, parallel to the goat line of said Section 8, 337.12 feet to a point.,
for the NW corner of this tract;
THENCE North 690 48' Best, 64.61 feat to a point for NE corner of this tract; -
THENCE South 337.12 fart to a point 1n the South line of the S acre tract for the
SE corner of this tract,
THENCE West 64.61 feet, to the place of beginning, SAVE AND EXCEPT the South 40 feet
thereof heretofore dedicated for roadway purposes in Volume 1876, Page 558. Deed
Records, Lubbock County, Texas.
TRACT II:
A tract of land out of the SW1c of Section S, Block E, Lubbock County, Texas, des-
cribed by metes and bounds as follows:
BEGINNING at the SE corner of a 1/2 acre tract conveyed to Bobby L. Bell by warranty
deed dated November 20, 1968, recorded in Volume 1190, Page 115, Deed Records of
Lubbock County, Texas;
i
THENCE North 337.12 feet;'
THENCE North 890 48' E 64.61 feet;
.THENCE South 337.12';
THENCE West 64.61 feet to the PLACE OF BEGINNING, SAVE AND EXCEPT the South 40 feet
thereof heretofore dedicated for roadway purposes in Volume 1876, Page 556, Deed
Records, Lubbock County, Texas.
t
IT IS UNDERSTOOD AND AGREED THAT THIS EXHIBIT "A" SHALL BECOME A PERMANENT
ATTACHMENT To THAT CERTAIN WARRANTY DEED DATED AUGUST 21, 1991,
BY AND BETWEEN BOBBY L. BELL and wife, ELIA W. BELL and WILLIAi B. WALLACE.
STATE OF TEXAS
COUNTY OF LUBBOCK
{ W.by ratty, VW tnb {mfnxn10 we Kto an
a tlia _
d.k..ed Ne tYwe raraw hV Boa by ma ,ee'ns ad/
FA in t"VY rnt uw vets CdlhTORKWA*WP'"40b
RtLOno
"C010awboow cwna.Tau a x.mp d haven by
AUC 81 W
Mr.ZI P54, w
a t t
�'AW7 tcuatttI
lU080rx CWJ 00uNTY.Nt7W
i
i
Page 24
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Return to. William Wallace
4d15 r 5535 3rd Streets
Lubbock. Texas ,
( WIC.MAa1AN1'Y;@iD:AM_S1s�Cl•tiK�l�'A�ai6�14 .itl:CMIOnJ.Gi..�.}nMr,Wl�dall _.v....0 C.kwkTQC 4: 0.av .
' THE S ATE OF TEXAS, VOL%`I' PACE 23w
KNOW ALL HE' BY TUM PRPSENTS.
4 COUNTY OF LOBHOM a�r3J00
itta,
�Opaoto t we, HOBIBY L. BEIS, arldvife, IISA W. >$b '
' Voe�
;1" • of the County of Lu bcrk State of Texas for and In consideration of
a
i - the —of THIIIIY TWO TEixrvm ATD NO/100
€ (S32,000.00) DOLLARS,
to its paid, end secured to be paid, by WILLIAM H. WAL AM
ssfonows:
$5,000.00 cash in hand paid, the receipt of which is hereby acknowledged and con-
fessed; and the execution and delivery by the Grantee herein of his one certain
i note of even date herewith in the original principal sum of $27,000.00 payable to
the order of the Grantors herein as therein provided; said note being the same note
1 described in and secured by Dead of Trust of wen date herewith given to Ervin J.
Bran&, Trustee;
5535 3rd Street
i l ubbock. Texas
have Granted, Sold and Conveyed, mad by these presents do Grant, Sell and Convey unto the said
WITLIAM B. WALiA033 , as his tote and seperate property
3 an es a e
of the County of Lubbock , State of Teas , a0 that certain
310t, tracts parcel of lard known and described as follows, to-vit:
METES ANO'BOUNDS DESCRIPTION of a tract located in Section 8, Block E. Lubbock County, Texas
being further described as follows:
BEGINNING at a set 4" rod which bears North distance of 60.00 feet and East a distance
of 323.03 feet from the Southwest corner of Section B. Block E. Lubbock County, TExas.
THENCE S. 89 48' W. a distance of 60.00 feet to a 4" rod set for the Southwest corner of
this tract;
THENCE North a distance of 150*00 feet to a �" rod set for the Northwest corner of this
tract;
THENCE N. 89 48' E. a distance of 60.00 feet to a V rod set for the Northeast corner
A of this tract;
THENCE South a distance of 150.00 feet to a Point of Beginning t.
Contains 8922945 square feet
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016170.00010: 967797.05
FINAL DRAFT
This conveyance is made and accepted subject to outstanding mineral reservations of
recccd. Taxes for the current year Igor been prorated GYantee ass mhs payment thereof.
TO HAVE AND TO HOED the above descrl a prenSse% togetvner with all and aingular, the
rights and appurtenances thereto In dnyWise belonging unto the said WILLIM B. romrIAM# his
heirs and assigns forever; and we do hereby bind ourselves, cur Ipp�
heirs, executors and administrators, to Warrant aid Forever Defend all and singular the said premises i+
unto the said +{1
WILLIAM B. F774L1JVCE, his ..
iI
heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same or any
ii
part thereof. - {
But it is expressly agreed and stipulated that the Vendor's Len is retained against the above i
deecribcd property, premises and Improvements, until the above described note and all interest
thereon are fully paid according to its face and tenor, effect and reading, when this deed shall j
become absolute. -
Witness car hand s at Lubbock, Texas
this 15th day of Noveuber A. D. 18 83,
Witnesses at Request of Grantor; ✓� ��� * �' �C� 1,
BCEBY L.-SELL
t'
,...•.d, `a?' :, ]Y.a'..N"q.3CN::.A 'P:s:' 1^'�9^
x. C, 7 C7 sCC7i C 3 It "'""+-, •• ..:
Page 26
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' VOLBu7 pa23 f
k ACKNOWLEDGMENT
THE STATE OF TEXAS, )) COUNTY OFBEFDRe 1e the andrrnigmd authority.
...,i.I78)3.LCIC..................... )
?•wthi.derperasnailFappeared.....__.........»_... .... BDbbp..L,..Bell..and wife, Ella W. Bell...
'q ..._._............................................__.... �..................____ .......... .........._..._._....
....
....
....._...._._..
1j knee to me to be the person .0... whooe xamk S. 8.1 esubaerihed to the foregoing instrument, oM acknowledged to me that
.. t.ho:�... saee.ted Ilw ram. for the purpoow and eonsldentim Ntnin rod.
GIVEN t WVEN UNVEIL StY HAND AND SEAL OFbFPIC& This /Op.Ly of p-� A.D. t9 . 83.
Y.GI!^/e'!
j s6i.� NMery hWW4 in.nd tee the SeSm at To -
MY Commission V.pirea
ACKNOWLEDGMENT
THE STATE OF TEXAS,
i BEFORE ME. the uManigned authority,
COUNTY OF_......_.....«...._ ........ .... _....:.__..
an this day personally appeared . ..... . ..... . ...... .............._ .. __ :. ......... ......
'_................. ..... _......._..__......... _.......... ........ ..........................., ......_...,... ...... ........_.._....._. _._....._..._.....
jknown to me to be the permn....... whom, new .............•,.... subscribed to the fahgoing Instrument, and acknowledged to me that
....._3a»..., ""Dud the Now for the Purposes and consideration therein eapreseed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, Thia.__...... _.......day of ..._..... .............. .... A.D. 19...........
i • Notary public, is and fee the State of 'r m
HyCommission Expires ...__'____.,.._.........._._.._...._._
f CORPORATION ACKNOWLEDGMENT
j THE STATE OF TEXAS, BEFORE NE, the undersigned satMrity.
COUNTY OF__....,»...._ ..._..�
on this day personally app suod _ ......_. .._._..__..._...__ .......
..km.wn to — to be the person and officer
I rho aurae 1. subscribed twotM faregeing Inatramant •nd�ae nwledged to m. that the some was the act of the mid
�, • corp ..tlon,nd that M --tad th, same
a ae 1M act of such eorperstinw»for the yuve and eonddo-,t'rn therein
I; -premed. ead In the eapaelty theroin stated. .
GIVEN UNDER MY HAND AND SEAL OF OFFICE, Thia.__.___..._dq A.D. 19—
(LS.)
j Notaq Ibbik N and for tJb Stara of Toss
MrWmmtmisn E:plro_...__.__�....._...Y._...__...._..
CLERKSCERTIFICATE
THE STATE OF TEXAS,
L-._.......... ._..... ..................... ......._._._._....... .......... .County
:. COUNTY OP ... ... ................. -------- ....------
.
Clark of the County Court of sold County, do benby eartify that the removing instrument of writing dated an the
i.? ...._..._...._.. day of..._................�....._....�...._....... A. D. 19_........, with its Grtifleate of AaNenti<•tien, .a. Bled for
record In my aides sa tba.._........—A y A. D. 1p....__....4....... _.. o e elt..........M. -A duty
reeerdad thl........... —..,da7 D. 10.......... at... o'cloelt—, ..... ...ht. in the
R.eotds of mid County, 1. Volume ........... _..:.... as Doge .............
t WITN= MY RAND AND SEAL OF THE COUNTY COURT of mid County. At tdAce in .... _............................ ._.......
...__
i._..... ._.._.._.....»..» �. 0A day and year last above written.
............................_......._._.....»..........._......._......._................. _.
County Clark_................._...._.__.._._._.._......Coanb. Te..a
S(L &) HF..._...._................. ........ Deputy.
i
' - .$All OF TEYAS
i COUNTY OF LUBBOCK -4
FILED•FORRECORD re .a Wwa.raes.� ,,yor` 2
"mod a.r. N r W r Meya4^'s`.�
pem F W YJ.r W ,�. N 4 eleppe J
NOV 22 1983 )
L
ewr Ci.k. Leh..t G.rn. Tor
+ tt� ttwem Lapel'
j ..r tWeolg ipON. t>ri
Page 27
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�° •h, �,r 7S�/L � Ali" �.
VOL 6872Pai:E217
36542
STEE'S DE
1, Mitchell Williams, as Substitute Trustee under the Deed of Trust hereinafter described,
in consideration of the sum of 563a27.63 paid by Luther S. Bull, hereby grant, sell, and
convey to Luther S. Bull his heirs and assigns forever, all that real property situated in the
county of Lubbock, Texas, described as follows, to wit:
A 1.00-acre trap of land, more or less, old of the Noilhwest comer of the 5.00-acre tract
described in Volume 443, Page 193 of the Deeds of Trust Records of Lubbock County. Texas,
said 1.00-acre lead being described by mates and bounds as follows:
BEGINN(W at a point which Is 323M feat North, 89 degrees 48'g0' East, end 604.24
feet North of fhe'Southwest comer of Section Eight (8). Mock E, Lubbock County, Texas, fortfhe
rth Noest and beginning comer of INS trap;
THENCE South, parallel to the West line of said Section Fight (8). Block E, and along the
West 8ne.of said SM acre tract 337.12 feet to a point, and being the Southwest comer of this
tract;
THENCE North 89 degrees 48'0V East 129.21 feet to a point for the Southeast comer Of
this tract;
THENCE North, paranel to the West line of said Sectlon Eight (8). Block E, and along the
West One of said 5.00 acre tract, 337.12 feet to a paint, and being the Northeast comer of this
tract;
THENCE West, parallel to the North nne of Section Eight (8), Work E. and along the
North One of sald 5.00-acre tract, 12921 feet to the Piece of Beginning, with an rights and
appurtenances thereto. This conveyance is made pursuant to the powers conferred on the by the Deed of Trust
dated July 5, 1994, recorded in Volume 4621, pages 20.23, Deed of Trust records of
Lubbock County, Texas, executed by Donald R Yandell as Grantor to Harold O.
Harriger as trustee for the benefit of Luther S. Bull, and referred to in this instrument as
the Deed of Trust.
The sale of the property was conducted in strict accordance with law and with the terms
of the Dead of Trust. All the conditions and prerequisites to the sale were performed.
The property was sold because Donald K Yandell defaulted in the obligations of the deed
of trust dated July 5, 1994 by failing to pay ad valorem taxes on the property herein
described in the approximate amount off 11,000, which the Deed of Trust was given to
secure. The nature ofthis default, which existed at the time of the We, was the failure to
pay the ad valorem taxes on said property. The unpaid balance due on the note at the
time of the We was $63=T63.
Luther S. BuB, as the holder of the peed of Trent, made due demand on Donald 1t
Yandell to cure the above -described default. A Notice of intent to Accelerate dated
August 4, M and Notice That the Debt Has Been Awderate .&W AWd 17, 20M
were sent to Donald R. Yandell on those dates respectively. Luther S. Bug made due
Page 28
0 l 6170.00010:967797.05
vol. 6872PAcE22$
i demand on me as Substitute Trustee to sell the property pursuant to the terms oftbe dad
of tnut. Twenty-one days before the date of the sale, a Notice of Trustee's Sale dated
October 3, 2000, giving the time and place of We, was properly posted, filed, and sew to
the debtor obligated to y the drP The property was sold at public auction on Tuesday
November 7, 2000 at ' t 4 o clock in Lubbock County, Taxers, the ooumy in which
the property is situated, in full accordance with law and the tams of the deed of trust.
Luther S. Bull was the highest bidder at the sale, and bid in the amount of the amount due
on said note at the dme of the We, being $63,227.63, in lawful money of the United
States.
The beneficiary of this deed of trust appointed and substituted me as trustee under the
deed oftnrst by a substitution dated September 9, 2000. As substitute trustee I am
vested with and succeed to all the powers and duties given to the original trustee.
Dated: November 7, 2000
d
r�ut/t.Ce���� wwrKta(N
Mitchell Williams
Substitute Trusts
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0 1 6170.00010:967797.05
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rrr ACKNOWLEDGMENT •rr
STATE OP TEXAS
County of Lubbock
This deed was wjmowlod* k(bm me on Nov-6ff 7, 2000, by
Notary Seal, Ststa of Texu '.
rrugu .
W sareua
SEAL
Notary Publi
State Tow
of
My Commission E#irm
FILED FOR RECORD
I000 HDY - 1 P I-' 3b
STATE OF TExAs
COMM of LU99=
'
l
.��bA rxwy luiµi`wneivwu FgpDmM .
dM andMMWM MYOM Mien by T�rld lref My �
peeaanoo w m, vdw w va a e»akM �.r
p(//J'�
�OJ
F�CGI, M Urowt Cw1� hr a Yartprl ly.,y, Oy M M �
eeurrre,cc�.weax.omurkuw
NOV
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f7
'�,
.4r 41HE STATE OF TEXAS, KNOW ALL DIEN BY THESE PRESENTS:
couNTY of Wbbwk 14179
That I. Glenda Iaquetta Buchm mn, a single woom,
1 r�
of the County of Ectot State of State , for and in consideration of
the sum of
TIN AND No/100------- ---------------- -----
and as a divisica of camtnity property in Cause No. 96903 in the Canty C& S,
Law, No. 2, Lubbock Canty, Toms I
to me in land paid by Walter Buchanan, a single mat, I
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said
Walter Buchanan, a single man,
of the County of Lubbock ; State of Texas all that certain
one acre tract of land out of the SW 1/4 of Section 8, Block E. Lubbock Canty, Toias
described
EMBUriG at a point 129.22 feet East of the SW corner of the 5 acre tract described
in the Deed of Trust recorded in Vol. 422, Page 193, Deed of Trust Records of Lubbock
Canty, Texas, the SE corner of a tract heretofore conveyed to Bobby Bell,the begirarir�
and SW comer of this tract; THD= North, parallel with the West line of the Section,
337.12 feet to a point, the NW comer this tract; THEKE N 89*48' East, 128.62 feet to
point for NE corner; TM4CE South 337.12 feet to point for SE corner; THMCE West 128.1
feet to the PLACE OF BED KING.
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
Walter Buchanan, a single man, his
heirs and assigns forever; and I do hereby bind MYself, ny
heirs, executors and administrators, to Warrant and Forever Defend all and singular the said pramLsea
unto the said Walter Buchman, a single man, his
' heirs and assigns, against every person whomsoever lawfully clatming, or to claim the same or any part
thereof.
' Witness my hand at Lubbock, Lubbock County, Texas
1 /6 day of J A. D. 1980
Seal
tjtitnpses at nest of Grantor:
µ7
NDL
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1
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS.COUNTY
1 e7aroaE ME lh. nnderslg d aelaorNy;
In .pad for tall County, Tans. an this day personally appeared...... .. .»..._......._..._....__..__........._..._._.......
_..... ........_._._........_......_....._................................_............_...____._............_._....................._............_._......._....... ..
j laown to row to he the persaa........whaco name .................. .sub.rribad to the forstaing InatrOmsat. and auk —lodged to me that
he_._.. eaetutd the come for the parpooea and oeasWsrsttex thsrsin expres..d. .
GIVEN UNDER MT HAND AND SEAL Or OFFICE, This _...... day of......_ ............._......._, A.D. 10.... ......
j(LP:) .............. ......_......_....__._._........... «_............__......._._....___
Notary PoWk, __.._...............,..._ ..............__.County. Taxes
My Cem,nlasinn E.Pirss June 1. 19....... ....,
{ SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority.
COUNTY oF........_:.... ...... ........:..._...._......
in end for sold Coanty, Te..a. eai this dal Pa W.*Uy appoared -...._...w._.__.._..._.........._......__......__.._..__...... ...........
j...._._...................... ............. _.... ..........._........._•............... ......«..._........... ................. ..._.........,...._._....... ...... ..
barn to ma to b. tho petbe..... .. rhaY ..ms ...................oulrcribd to t1» f.retohng Inalrome. , and aeb,ewi.. In ms clot � .
the same for the parpo— and—.1darstlo. therein aeprasoed. =
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ..._ ... dsy.f_ ......................._....... A.D. id........:. . .
' (LS.) _ .
N.t.q Publk,. ....... ................ ......... . ... _.... Csunt7. Tesso ,
My CommWlon Expires Jone 1, 12--
CORPORA7ION ACKNOWLEDGMENT
THE. STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF__......_......__...:_...._._..__
. In sad for said Cpanty, Texas. on this day personally aw rod.,,__w_.........._.._.__...__._....._...„
knowa to me to be the P.M. and salter
whose na wAs subscribed to the teresoing Instrument and acknowledged to me that the some was the act of tin paid
it corporstlon; and that be eaaeutd the some co the .ct of such corporation for the porpow and consideration N.nin
f expreswd end In the capacity therein st.t d,
t(� GIVEN UNDER MY HAND AND SEAL OF OFFICE, This, day of , A.D. 19—_
(LL) _...._._.
Notary Publk, _.._.._ County, Texas
My Cmeminle. Eaolres June
CLERICS CERTIFICATE
THE STATE OF TEXAS, } .. ......... ................ _... _......... I ....... .... .............. Coanty,
COUNTY OF.... ......... ................. ..._..............
pert of the County Court of said County, do hereby certify that live .foregoing Matrutnat of writins doted on the
..................... day af__..........,,_,..._...__.._.,..__._.._,............ A. D. 19 .....,with It. Certificate of Authenitcatton, wu filed fur
word I. my olllw on the.. --- ___ .day of......,... ......... ... ..,,._................... A. D. IS........., al...._....,...'de-k..... ... M„ " duly
recorded thl.....................day of ................ ...................... ,...... .............. ....... ...... A. D. Sp..__._.. .t..,......,... o"10.k- M. In the
of aid Cieurlty, in Volum..._... ....... .... , en Pate$....
WITNESS MY HAND AND SEAL oFTHE COUNTY COURT cf mid County, at odlte in. _................ ........... � _..........
...,.._._._...._,_.,_._.... .—...._,._.,.._....._, the dal and year last .bore retiten.
................... ......... ................. ...........................
. ......
jCounty Clerk .......... ......•.,._.._.._.......... ............. County. Teas.
(I. L) By..... _........... _.. , fkputy.
' I _
1
i
t aiH7d Of TMS ) ..
f FILED cov—OFtu efts, JI .
wram. a...eer sue+,. ter awall
Job 10 II 39 bH'A!t ��.`.a;
1 `a Jum io �s�o
. �Cwn Wbt«.caxA.Aau a f'
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t
VOL 6675PAOM
Sw aas«,T«
sV Ck
C AUSAASsxtAM P.C.35 xr1
441274 SrmSetaaleo
(- .
totloc%.Tcar7kU
1�
WARRANTY DEED WITH VENDOR'S LIEN
Datat September 1.1999
Grantor. DALE RAMSEY AND WWF- HATTYB RAMSEY
Grantor's Ma ing Address (including county):
3812 76th Suva
Lubbock. Lubbock County, Texas 79423 '
Grantee: ALL-STAR SELF STORAGE, LTD.
Grantee a Mailing Address (Including county):
3417 73rd Street. Suite X
Lubbock. Lubbock County, Texas 79423
Considerations Grantee's assumption of a first -lien note from Grantor to
Whisperwood National Bank, whieh note is described to
this paragraph and other good and valuable consideration.
the receipt and adequacy of which is hereby
acknowledged. Grantee assumes and agrees to pay
according to the Note's terms all principal bond Interest
remaining unpaid on a first -lien note that is dated May 18,
1999, in the original principal aotouat of S475,000,
executed by Dale Ramsey and wife, Hattye Ramsey. and
payable to Whisperwocd National Bank. As further
consideration Granree has executed and delivered a Deed
ofTrust to Secure Assumption dated September 1,1999 to
Steve Claw, u Trustee for Dale Ramsey and wife, Hour
Ramsey. beneficiary; and Grantee promises to indemnify
Grantor against any damages caused by Grantee's breech
of its obligations under this assumption.
Property, (including any improvements):
Tract One: Lot Two (7), Rhodes Acm Addition to
the City of Lubbock. Lubbock County, Texas, according
to the map, plat and/or dedication deed thereof. recorded
in Volume 983, Page 151, Deed Records, Lubbock
County, Texas.
Tract Two: A 0.903 acre tract of land. more or less,
out of the Southwest 1/4 of Section 8, Block F. Lubbock
County, Texas, and beingmore fully described as follows:
i
Nartastr D..a *1b Vl~. Lim
17aM�Haa7e arm l.Cnaor -
Aa3ts S.r Sbr.{nl.tl..Oraamt
Pala t 03
Page 33
016170.00010:9 67797.05
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VOL 6675f11a147
Beginning at it W rod with cap marked '?PS 1676" (set).
North(V o8' Westau.03 feet and North 89P48' Fast 40.0
fed from the Southwest corner of said Section 8, Block E.
Lubbock County, Texas, said rod being in the North right-
of-way line of 9r Sued and the Fast right-of-way line of
Avenue P.
'1lteaoe North 89e48'Fast 279.30 fed to a W rod with cap
marked "RPS 1676" (set) for the Southeast comer of this
nact;
Tbence North 00PO1' 30" East 139.12 fed to a l6' rod with
cap marked "RPS 1676" (set) for the Northeast corner of
this tract;
f
Thence South 0 48' West 278.69 fed to a K* rod with
cap marked'?M 1676" (set) for the Northwest corner of
this tract;
Thence South OOP 011' East 1139.12 feet to the point of
beginnin&
together with all rights, privilegm improvemtmts and
appurtenances thereto.
Ressamstioosfrom and Exceptions to Conveyance and Warranty:
To Grantor, it reservation of the vendors lien and superior
tide to the property and its improvements until the note
assumed by Grantee has bma fully paid recording to its
temu, at which time this deed will become absolute.
Except as provided in the Dad of Trust to Secure
Assumption. Holder's release of the assumed liens will
release this vendor's, lien without the joinder of Grantor.
This conveyance is also made and accepted. subject to
resuictivecovenents, reiervatiormandeueptieos affecting
the above described property as the as= appear of record
in the office of the Cotmty Clerk of Lubbock County,
Tex..
Grantor, for the consideration and subjectto the reservations fromand exceptions to conveyance and
warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and
appurtenances thereto in any wins belonging, to have and hold it to Grantee, Grantee's heirs, executors,
administrators. tuaessors. or assigns forever. Grantor binds Grantor and Grantor's heirs, executaa,
administrators. and successors to warrant ud ftuever defend all and Angular the property to Grcmee and
Grantee's heirs, executom adminiatmomwocessnst, and wign% against every person whtmuoever
lawfully claiming or to claim the same or any part thereof, except as to the reservations fromand exceptions
to conveyance and warranty.
W.,rM, a..d ." vos.r.1.6�
D.t. i fist"a.aay, Onetsr
An-sur SWSWm.4 tad. G—W
►.ps.r7
Page 34
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"t 6675PAcE148
The vendor's Ike retained In M Deed secares Graatee'a ummptiw of tbefirst-lien note Graratet
usumption of the fist -Ilea now is abo secured by a Dad of That to Swart Assumption of even date. from
Graeae m Kett Piatx. Tmstee ITommo defanla is payn=t of the assumed note a b observance of nay
covemt or coadition of any itaaummt seauing thdr payaaat. Grantor shall have the tight to foreclosa tba
vendors Iku rmwved in this dad. Gtaatar assigns to Grantee the casualty iamrance policy on the property
for payment of taxes and insurance premiums.
When the context requires. singular nouns and pronoun& include the plural.
In Witness Whereat. Grantors have baennto set their hands the date first mentioned above.
DALE RAMSEY fA
HA'ITYE RA14SY 4 —
ACKNOWLEDGMENT C1
STATE OF TEXAS
COUNTY OF LUBBOCK
•
This instrument was
acknowledged before me on the ay of September. 1999. by Dale Ramsey.
01144 S nee 4
.a�,`�`�Vt •. Tqy .
-0_AQ%.•SNtr to
e
i s Notary Nblic. Sue. of Texas
SEAL
3 i 4 1r Cynthia L. Stanton
7y •'•r Notary's Name Printed or Typed
My Commission Expires: 9-&20W
STATE OF TEXAS
COUNTY OF LUBBOCK
•
M ht&trumera was aclmowledged before roe oa the of September 1999, by Haar Ramsey. i
SEAL
t
j � Sr
a i��•tikY Pu '• o�'
�acs.y9 r4 atary blic.StateofTexas i
Cynthia L. Stanton
NoWys Name Printed or Typed i
a'r My Commission Exph- _9-&= T
FILFO FOR RECORD
STATE OF TEXAS
ray RAY 1b'A 13
couNTY of LUBBOCK
w::.V ~—F�a�
a
„res.ns .a P.. d 11: 1W1 MBA
y
04mdF a t6¢e46 Cbft to r 4.1vo Fr Wnon
MAY 19 2M
bra A o-r4 �.b��yt�y�i
6�oA eownamr
e,w"TV's
Page 35
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Mr-. I)SU -2,80, 9605 A"8=0 P, Lubbock. Texas 711423
4311pai269
110290
WARRANTY DEED VaM VENDOR'S IJEN
GF160848
Date: August 26, 1993
Grantor. VELDA FERNS JOHNSON and GORDON B. HILTON. both married persons, but not herein
joined by our spouses for the reason that the herein described property is not now, not has it ever constituted
any part of our horratstead
Grantee: DALE RAMSEY
Grantee's Mailing Address (including county): 9603 Avenue P, Lubbock* Lubbock County,
T."a 79423
Consideration:
$10.00 and other good and valuable consideration, to Grantor herein paid, and secured to be paid, by Grantee
herein, the receipt and sufficiency of which is hereby acknowledged and confessed, and the further
consideration of the sum of S5'500.00 is evidenced by the execution and delivery by the Gramcc herein of
one certain promissory note of even daft herewith, in the principal sum of $5,500.00, bearing interest at the
rate therein set forth, and payable to the order of VELDA FEPNE JOHNSON and GORDON B. HILTON u
therein provided, which -note Is secured by both deed of trust and vendor's lien on the property herein
conveyed, and said note contains the usual provisions fbir acceleration of maturity and attorney's fees.
Property (Including any improvements):
LOT TWO (2). RHOADES ACRES ADDITION to the City of Lubbock. Lubbock Coutntyjcxas, Nowriling
to the Map. Plat and/or Dedication Deed thereof recorded In Volume 983. Page 131 anal amended In Vohm
994, Page 509 of the Deed Records of Lubbock County, Texas.
Reservations from and Exceptions to Conveyance and Warmuty.
SUBJECT TO restrictive covenants as shown of record In Volume 983, Page 151, Volume 984. Page $10 and
Volume 1413, Page 657 of the Deed Records of Lubbock County, Texas.
SUBJECT TO easement as shown of record on the Plat In Volume 983, Page 151 of the Deed Rccordis of
Lubbock County, Texas.
Grantee herein assumes the payment of all taxes for the year 1993.
Grantor, for the Consideration and subject to the Reservations From and Exceptions to Conveys=
and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and
appurtenances therew In anywise belonging, to have and hold it to Grantee, Grantee's heirs, executors,
administrators, gucccssom or assigns forever. Grantor binds Chmor vW Grailmar's Mrs, executors,
administrators, and successoML to warrant suid forever defend all cad singular the Property to Grantee srid
Grantee's heirs, executors, administrators, successors, and assigns, against every person whomsocm lawfully
claiming or to claim the same or any pan thereof, except as to the Reservations from and Exceptlow to
Conveyance and Warranty.
Page 36
0 16170.00010:96779T05
a 4311► 270
The vendor's lien against and superior We to the Property are retained In favor of the payee in said t�
I note until sold tote described fa fully paid according to its resins, at which time this deed shall become
absolute, i
i
When the eotueu requires, singular nouns and pronouns Include the plural,
I
�rzc�
VELDA E 1fd N—•
i;
RDON B. HILTO 1
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This instrwneot was acknowledged before me on the day of 1993. by VELDA
FERNE JOHNSON. tl
SEAL
� tNoa�.wr«ras.Tt9 Nonry Public, State of Texas
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on the ab+L day of r 1993, by
GORDON B. HILTON.
' SEAL
�• WtAer+ote F�bL19
Notary Public, State of Texas
STATE OF TEKAS
.
COUNTY OFLUBBOCK
Q�b W N VM TNu Atnpd
I Mr+M'r�4U' NIt1A41iepMIM MM RLM ae kmP.
�'x
i3 AUGn7 ^U
o
A—Iftat A.*Cw1%7—wg-00hg9yti b,
AVC 27 1993 ~`
...,, u�.. kr.,a car. r.«
ctawry arax
waam coumY. Tme
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016170.00010:967797.05
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t CF34369 Return to: Jim S. Lara kd
r tv Rt. 1. Box 127-C-2
p WDVL31dPt Shallawater, Texas 79353
1 33736 001.3743 PAGE 44
OThe State of Texas,
County of LUBBOCK } Know All Men By These Presents:
THAT NOBLE STIDBAM, Independent Executor of the Estate of Eldon Ray Lover
, deceased,
of the countyot Lubbock and State of Texas for and In consideration
of the sup olT11IRTY THOUSAND 6 NO/100— DOERS
I to ma Dald. and secured to be pall, by the Grantee is herein named, as follows.
g 6,D00.00 ash In hand geld, the receipt of which -Is hereby acknowledged and confessed;
g 24,000.00 cash In hand paid by AMERICAN STATE BANK, LUBBOCK, TEXAS
[ the receipt ofwhichla hereby acknowledged and confessed, and which 24,000.00 was advanced
as a part of the purchase price for the herein conveyed property at the special Instance and request of the Grantee
herein, and to evidence wh ich said Grant see IN a day a xeduted and delivered their
one certaln promissory note in the original principal sum of S 24, 000.00 payable to the order of AMERICAN STATE
BANK, LUBBOCK, TEXAS
and the vendoFs Ilan, together with the superior title to sold property, Is. retained In lavor of the hold" or said note
herein described end the same are hereby transferred and assigned to the holder of said note, without recourse on
Grantor, and said note Is the same note described In and secured try Coed of Trust of even dale herewith,
have GRANTED, SOLD A N 0 CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto
JIM S. LARA and wife, JUANITA C. LARA
of the Countyaf Lubbock and Slate of Texas , all of the following
described real property In Lubbock County, Texas, t"It:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
AS IF FULLY COPIED HEREIN.
Reservation from and Exceptions to Conveyance and Warranty:
Restrictions recorded in Volume 998, Page 522, Deed Records, Lubbock County, Texas.
That portion of captioned property lying within roadway along the South side.
Minerals reserved in Volume 998, Page 522, Deed Records, Lubbock County, Texas.
Taxes for the current year having been pro -rated, Grantee@ assume payment thereof.
TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and ap•
purtenances thereto in anywise bslongh,p unto the Wd Grantees their
heirs and essigns forever, and I do hereby bind myself, my
Who, executors and administrators, to Warrant and Forever Defend sit and singular the said promises unto the said
Grantea s their halve and assigns, against every person whomsoever lawfully claiming,
or to claim the same or any part thereof.
But It Is expressly agreed and stipulated that the Vendor's Lien, as well as the Superior Tills In and to the
above described promisee, la retained against the above.descrlbed property, premises and Improvements, until the
above described mote snd all Interest thereon is fully paid according to Its temre, et which time this deed shall become
absolute.
EXECUTED this the 2nd da of DOecem .1991 _
The Address of the Granter Is:
Rt. 1, Box 127-C-2 NOBLE STIDHAM, Independent Executor of the Estate
of Eldon R" Love. deceased
Shallowater, Texas 79363
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Instrument "acknowledged before me on this 'j AL day Of nrremher 19 91
Noble Stidlam, Independent Executor of the Estate of Eldon Rey Love, deceased,
band in the capacity therein stated.
Notary Public, State of Tsau
rwa,aa a auwotun _ A�/'
My commission expires:
amoemmmoom .
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rvo13743 fat 45
EXHIBIT W
i
A .5 acre tract of land out of the Southwest 1/4 of Seation A, Block E, Lubhock
County, Texas, and being more tally described by metes and bounds as follows,
to -wits
j BEGINNING at the Southeast corner of a 5 acre tract described in Dead of Trust
recorded in Volume 442, Page 193, Deed of Trust Records of Lubbock County, Texas,
which point is 646.06 rest North 89 degrees 48 minutes East and 70 feet North or
ithe Southwest corner of said Section 8, Block Bi
THENCE North a distance of 337.12 feet to a point for the Northeast corner of this
traotj
THENCE South 89 degrees 48 minutes Hest a distance of 64.61 feet to a point for
the Northwest corner of this tracts
THENCE South a distance of 337.12 feet to a point for the Southwest corner of
this tractl
THENCE North 89 degrees 48 minutes East along the South line of said 5 acre
tract, a distance of 64.61 teat to the PLACE OF BEGINNING.
STATE OF TEAS
COUNTY OF LUBBOCK
,i_�• y;:.,,,;,;:;
iNnheaaNmemi,in,ewmee,aWDsoae
muwwaueu�.urowV .—by— Wouace
Rctosotobw.vohn..e sl.ganromews.wr.,e..y
•
Rwue.etwwrJ�Caw�b.�w„m,rtuM brow, 4ar.
9 i C C C 6 a: 0 i1
DEC a 1991
cu+: am, w.w. a a,
tussoca cwNy{iEW ;!
Page 39 016170.00010:967797.05
After Recording Return to: Ronnie L. Agnew, P. O. Box 64370, Lubbock,
TX 79464
'507M VOL. 10 27 S PAGE 29 2
0
r^' WARRANTY DEED
I Date: The z Z � day of December, 2005
Grantor: Larry G. Goldston
Grantees Mailing Address(Including coumg): P.O. Box 64394
Lubbock, Lubbock County
Texas 79464
Grantee: Texas Boys Ranch, Incorporated, a Texas nonprofit
corporation
Grantee's MaiRngAddress (Including conaty): 4404 Idalou Road j
Lubbock, Lubbock County
Texas 79403
Consideration: TEN AND N0/100 DOLLARS (.$10.00) and other good and
valuable consideration. -
Property (includingany improvements):
All of Grantor'4 undivided interest in the following described certain
tract or parcel of land in Lubbock County, Texas:
A one and one-half (1 1/2) acre tract of land out of the SW 1/4
of Section 8, Block E, Lubbock County, Texas, and out of the
North part of that 5 acre tract which is described in the Deed of
Trust recorded in Vol. 443, Page 193, Deed of Trust Records of
Lubbock County, Texas, said one and one-half acre tract more
particularly described as follows, to -wit:
BEGINNING at a point which is 452.24 feet North 89*48' East and
694.24 feet North of the Southwest corner of Section 8, Block E,
Lubbock County, Texas, for the Northwest and beginning corner of
this tract:
THENCE South, parallel with the West line of said Section 8,
Block E, along the East line of a one acre tract heretofore
conveyed by George R. Forston at ux to Luther S. Bull, 337.12
feet to a point for Southwest corner of this tract (being also
the SE corner of the Luther S. Bull 'traet)r
Notice of confidentiality rights:
If you area natural person, you may remove or strike any of the following information
from this instrumeat before it is riled for record In the public records:
your social security number or your driver's Itcense number.
Pate t
FINAL DRAFT
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016170.00010:967797.05
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VOL. 1027 S PAGE 293
THENCE North 85'48' East, parallel with the South line of said
Sect
ion 8, Block E, 193.82 feet to point in East line of the said
5 acre tract above referred to for the Southeast Corner of this
tract)
THENCE North 337.12 feet along and with the East line of said 5
acre tract to a point, the NE corner of said 5 acre tract, and
the NE corner of this tract;
THENCE South 89°48' West along and with the North line of said'5
acre tract 193.52 feet to the place of beginning.
together with all rights, privileges, improvements and appurtenances
thereto.
Reservations From and Exceptions to Conveyance and Wamoty:
Easements, rights -of -way, and prescriptive rights, whether of record
or not: all presently recorded restrictions, reservations, covenants,
conditions, oil and gas minerals, mineral severances, and other
instruments, other than liens and conveyances, that affect the
property; rights of adjoining owners in any walls and fences situated
on a common boundary; and discrepancies, conflicts, or shortages in
area or boundary lines; any encroachments or overlapping of
improvements; taxes for 2005, the payment of which Grantor assumes.
Grantor, for the consideration and subject to the reservations from and exceptions to conveyance
and warranty, grants, sells, and conveys to Grantee the property, her with all and singular the rights
and appurtenances thereto in any wise belonging, to have and d, it to Grantee. Grantee's heirs,
executors, administrators, successors, or assigns forcer. Grantor binds Grantor and Grantor's heirs,
executors, administrators, and successors to warrant and forever defend all and singular the property to
Grantee and Grantee's heirs'. executors, administrators, successors. and aisigm agwnst every person
whomsoever lawfully claiming or to claim the mute or any part thereof, except as to the reservations from
and exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
Larry G. Goldston ,
The State Of Texas i
i
County Of Lubbock i
This instrument was acknowledged before me on the 12 day of December, 2005. by
Larry G. Goldston.
SEAL tt .>s ter ,. W d Tr�4�a-LQ rt N
a to 1e.2pps NotaryPublic Signature
,,. C3
CL:>rY :ln...,•e•.+�,+•r,'Y.TrYtf
2,
SIAM OF1ExAtf
1'.OUNTY OF.LUSSOCK
r x.ws) aar tin s,a rxouawa s raeo o, s.
uer
r ras
artoaoen n s ..t q. Plea!
be
ore � r )mend, or+ar. .r ;;n.oDear ne .nrn .+
DEC 2% in
MCOIMY CLIM
t1YaOea CaaPv t[W
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s
P. o.
I„6"x,' Q?1""4 16011 v45176►AcE206
Rry.�dby�hesmeB.ocTa..tar.bbyY. -Only.
RerLad 1D.83;a•93 -
osntirre.ii..
WARRANTY DEED WITH VENDOR'S LIEN
Dow May 15, 1996
Cursor. JANET ESTHER KENNEM BMARD, not joined herein by my husband for the reason
t t the ��roper herein cony ad constitutes no part of our homestead, and is my sole
�i�rv,%ar�a+-Gn;�r�i�clscoul 907 16th Street - Abernathy, texas 79311
Cn:mec TERRELL F. HUTCBENS and LAM G. GOLDSTON..
6rno s Mailing Add,w Cmdudlnj eowuyk
P. 0. Box 6439A
Lubbock, Texas 79464 R
C;sosldmadoo: $10.00 and other good and valuable consideration, cash in band paid,
the receipt of which is hereby acknowledged and confessed; AND THE FURTHER CONSMERAT1011
of the execution and delivery by the Granteas herein of their one certain promissory
note of even date herewith in the original principal sum of t22,500.00, payable to the
order of the Creator herein in 68 monthly installments of $400.00 each, including
principal and interest, the first installment to become due and payable on or before
June 15, 1996, and one installment to become due and payable on or before the 15tb day
of each succeeding mouth thereafter until the whole sum is paid, and payable otherwise
es therein provided, said note being further secured by a Dead of Trust of even date
therewith, given to Robert A. Brandt, Trustee;
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96
n
Ole
RATION
ry
the
ra
day
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is
FINAL DRAFT
Property (ircl"n8 ww kmx-1: 51
SEE EXHIBIT *A" ATTACHED HERETO AND MADE A PART BEREDP AS IP T=T COPIED
HEREIN.
Raervmmu froth sod EwcOo w to COnveyatae and Wammy:
Thia conveyance is'made and accepted subject to outstanding mineral reservations,
easements and restrictions of record, if any.
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FINAL DRAFT
von 5176rAc4208
GnmOe. fOr ma etrroidesdmt sod ttrbj%Y b der ar WVMIOats bobs. aWd =:abet m 0 std we", gmrft seltf.
and easweys m G im dw pmpmy. mgeher with aH and tinguhr tlu fights and aWmUnwim therm is any wise Wwgitq,
to he" ad hold it a Grantee, Gontee'■ hire, eLmuWm adrmnismom acceamm ar aaips, forever. Grantor Ends Gnrttar
and Grrrals beim exam"L admidsuVom and mcom rt to wsrrom rd forever defend all and singular the property to -
Gtmee and Grrua's beers, exteumm admldabatmm wroceat m and sslgos, sgaiast every proem wbomraever ItwfuHy
claiming or to olaim the sane or any pat thereof. except as to ttte meavatioos from and exceptions to cmrveyaace and -
warmey.
The YereWs lien agaurul and mpuiar 8tk a the property are teWmed umil each nafe describod Is fulty paid soco4r4 to
Rs wmn, at which time thls deed shah become absolute.
When, the contexi requires. singulu murex and pmrm m brelude the plural.
dtJ .
AD1ET ESTBER REWE HGHARD
1
IAdu.wMdprrMl •
STATE OF TDM
COUNTY OF LURE=
Tkfsfmgrvnea was teknor'tedged befate mane dw a fl..• dayof May .19 96 .
b•Janet Esther Rettttedy Renard.
✓d' a MEN 0111 SE1T
atTgaa 6c.SWr of
e '���v" `✓� Ay fc:�^.,�:tW:1 &dear lt0l-!1 snrro fP�inredk _t
Noun'sconmis Neapiwe /,;)L
SEAL' t
[cra.b AtardrtMrrll
STATE OF TE%AS .
COUNTY OF 1 i
Tills krowum m ur sckno«kdged before me an the dry of .10 tt
by f
d
s aKpvsUoa 00IVWUf said emp Im 11
t
S
Nm q PdAk. Sucre srTeus
NtMary's erne (prlated);
' Ntaari's caaa,larioa expire:
t
t
- AFM RECORDING RMAN TO' PRVARF.D IN THE LAW OFFM OP.
I
'i
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EXHIBI2 nAn
FOL 5i76fAw209
t.
A one fnd.Onevial! (11) ages tract of land at of the to l/4 of Station 8E BrockE,
Wthdca
Countya Taxes# and out or the North put of that 5 acre tract bbith U&Scrlbod ,
i9 the Dodd of Trost recorded in Vol. 413# pegs 1939 Dead of Trust Records of Lubbock
�dmtf+j T141ej'uld one• -sod one-half acre tract nose pasticulargy.described as. fell", ;. <
to -at t',
D501p D'Ot•s polat'ddch Se 452.24 toot North 99e4s# lost and 694.24 fat North of
the Sautloest corner of Section a Bieck to Lubbock County# Torts# for the Rorthaost
and btolmth 'Carter of this '11TA, ;s
TI;M'C 969thr parallel with the- West Igoe of sold Section e. Block to along the East
llnepf i 6ns7cre +rest beroterors eonveyyad by Oeerg$ N. Forston at ws to Luther 9.
tm sv.12 foot te•s point for Southwast earns# of this tract (being also kho SS
`F
,bTia.oipo :or Us Listha# S. Ball fidat) v
Ct'North 89o43' East# parallel with the South line e! ugd Seetlen 9# Block.I • a
'•193.91Ksbt16'polnt 1n Blot line of the sold 9 acre tract above referred to for
Sauthe5ot'Cbrnor of We traatl I u
" xB; North 21T.3! toot along and with the Gat lino of cold 6 sere esaot te. a palate
fHe�l�:.toirier'e field V oMee tssato and,thd pl aorsee of this traatl !''' • x
ert`kX$'�! 19 AGO v8si�rid and with th�''Noith It" of laid 9 ass tssot i9342,y_.
•
CeVmw CLE.ra MEMO , 1
.
SDK
i+OT IfGV<�.
� OF
y/"rN .ECENEG
THIS EXHIBIT "A" SHALL BECOME A PERMANENT ATTACIDiENT TO THAT CERTAIN
WARRANTY DEED DATED MAY 1S, 1996, BY AND BETWEEN TERRELL F. HUTCREHS
4
• a
and LAM C. COLDSTOH AND JAM ESTHER KtNHEDY HOWARD.
S
j
,
STATE OF TEXAS
FILED FOR RECORD. COUNTY OFLUBBOCK
. en.srwm.N.w.�-w.�ev.r..ay
Hit 21 4 29 PII '96
MAY Y1 �
Cw�'CvY.Ilegn pyw,, 7.u. (C 7j�e Wi..w� '�1
. i
i
}
�S
�' %d LLi/OV muEM1.itL1t
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No Text
Resolution No. 2006-RO264
June 8, 2006 FINAL DRAFT
Item No. 5.7
Exhibit "C"
Development Regulations
1. All existing land uses on the Property are documented on Attachment 1 to this Exhibit C
(the "Existing Uses"). Existing uses are permitted to continue in accordance with the
terms of the Agreement, as well as accessory uses that are customarily incidental to the
listed Existing Uses. Upon annexation as set forth in this Agreement. Existing Uses may
be continued as permitted by Chapter 43 of the Texas Local Government Code. To the
extent Existing Uses are non -conforming under the City's zoning ordinance upon
annexation, Section 29-27 of the zoning ordinance pertaining to non -conforming uses and
buildings will apply to those uses.
2. Except for the property at 9605 Avenue P, any new use or change to an Existing Use
during the term of this Agreement must be permitted by Section 29-18 of the Lubbock
Zoning Ordinance in effect on the Effective Date (the "C-3 Zoning District").
3. The Existing Use at 9605 Avenue P during the term of this Agreement shall be permitted
to continue as a C-4 Specific Use Zoning District for mini warehouse and C-4 Specific
Use Zoning for trailer rental and sale of used vehicles. Otherwise, any change in use shall
comply with the C-3 Zoning District.
4. Within 90 days after annexation, all of Property, with the exception of the property
located at 9605 Avenue P, shall be zoned and allowed to develop in accordance with the
C-3 Zoning District.
5. Within 90 days after annexation, 9605 Avenue P shall be zoned C-4 Specific Use for
mini warehouses, C-4 Specific Use for trailer rental and used vehicle sales, and all
permitted C-3 uses. Such zoning shall also include the granting of any special use permits
or other approvals necessary to make the existing mini -warehouse and truck/trailer rental
uses at 9605 Avenue P legal, conforming uses under the City's zoning ordinance then in
effect.
6. Construction of new buildings must comply with the City's construction codes, as
amended from time to time, including the building code, fire code, electrical code,
plumbing code, and mechanical code (the "City's Building Codes").
7. Construction of new buildings or conversion of structures to a different use on the
Property during the term of this Agreement must comply with the C-3 Zoning District
and the City's ordinance requiring landscaping. Notwithstanding the foregoing,
construction of new buildings at 9605 Avenue P during the term of this Agreement must
comply with the C-4 Zoning District.
8. Additions to existing buildings on the Property, other than emergency repairs or new
construction that does not exceed 500 square feet in floor area in the aggregate, during
the term of this Agreement will require that: (1) the building is improved to the minimum
standards of the City's Building Codes; (2) the building complies with the C-3 Zoning
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District, or the C-4 Zoning District in the case of 9605 Avenue P; and (3) the use of the
building is permitted under the C-3 zoning district, or the C-4 Zoning District in the case
of 9605 Avenue P.
9. Emergency repairs and new additions that do not exceed 500 square feet in floor area in
the aggregate do not require compliance with the Building Codes, or the C-3 or C-4
Zoning Districts.
10. The owner or his representative may pour concrete and asphalt drives throughout the
facility on all properties in the area.
11. The installation of any new signs on the Property, whether attached to a building or
freestanding, must comply with the City's sign ordinance.
12. The Owner of the property located at / 6�9 Z - Q 8-01— and operated as Cycle Parts of
Lubbock must install a minimum 6 foot tall solid fence to screen (1) outside storage areas
along the front of the lot from 981", and (2) the rear portion of the lot containing outside
storage currently visible from Avenue P. The fence must be installed no later than 6
months after the Effective Date.
13. For purposes of construing Sections 14 and 15 below, an act of God is a natural event,
not preventable by any human agency, such as flood, storms, or lightning, or a force of
nature that no one can control.
14. If any Existing Use ceases to operate for 12 months or longer for any reason other than an
act of God, that use must cease permanently unless it is a permitted use in the C-3 Zoning
District, or the C-4 Zoning District in the case of 9605 Avenue P. An Existing Use that
ceases to operate for 12 months or longer due to an act of God may be resumed at any
time during the term of this Agreement, regardless of ownership.
15. If a building is partially or totally destroyed by an act of God, the building may only be
reconstructed in compliance with the Building Codes and the C-3 Zoning District, or the
C-4 Zoning District in the case of 9605 Avenue P. Notwithstanding the foregoing, if the
Property at 9605 Avenue P is partially or totally destroyed by an act of God, the existing
mini -warehouse, truck/trailer rental, and used vehicle sales uses may be resumed.
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Attachment 1 to Exhibit C
Existing Uses
1. The portion of the Property located at 9603 Avenue P is currently developed with an
transmission service and automobile repair shop, fenced parking, and a storage lot with
one storage building , a concrete slab with transmission cores stored on it, and storage of
customer and personal vehicles.
2. The portion of the Property located at 1337 97th Street is currently developed with four
homes and nine trailer homes, which may be rented or sold.
3. The portion of the Property located at 1428 98th Street is currently developed with the
following uses: a machine shop, a storage warehouse, a gift shop, and a beauty salon.
4. The portion of the Property located at 1506 98th Street is currently developed with the
following uses: a single family residence, a stack lot, a wrecking yard and towing service,
automotive repair shop, a manufacturing use, a trailer, and livestock and agricultural uses.
5. The portion of the Property located at 1331 96th Street is currently developed with the
following uses: agricultural and livestock uses, storage, a construction shop, and a trailer
rental business.
6. The portion of the Property located at 9605 Avenue P is currently developed with the
following uses: mini -warehouse rental units, sale and rental of moving supplies
(including but not limited to boxes, padlocks, trailers, and accessories), sale of used cars,
and rental of cars and trucks, trailers, and equipment.
7. The portion of the Property located at 1502 98`h Street is currently developed with the
following uses: retail and wholesale sale of new and used motorcycle parts and service,
state licensed salvage receiver for used motorcycle parts and whole motorcycles,
motorcycle salvage yard, and outdoor storage.
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