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Home My WebLink AboutResolution - 2004-R0400 - Deed Without Warranty - Falcon Steel Company - 08_26_2004Resolution No. 2004-RO400 August 26, 2004 Item No. 15 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 Deed Without Warranty between the City of Lubbock and Falcon Steel Company, a Texas corporation, and any other related documents. Said Deed Without Warranty is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 25th day of ATTEST: 0. 0 , " -, , )��' , Re ecca Garza, CitySecretary APPROVED AS TO CONTENT: Ed Bucy, Right-of-Wa Agent APPROVED AS TO FO Richard K. Casner First Assistant City Attorney ke/ccdocs/ Without Warranty. FalconSteel.res July 15, 2004 Resolution No. 2004-RO400 August 26, 2004 Item No. 15 DEED WITHOUT WARRANTY DATE: —Aug. 26, 2004 GRANTOR: CITY OF LUBBOCK, TEXAS GRANTOR'S MAILING ADDRESS: P.O. Box 2000 Lubbock, Texas 79457 GRANTEE: FALCON STEEL COMPANY, a Texas Corporation (formerly known as Falcon Steel, Inc.) GRANTEE'S MAILING ADDRESS: P.O. Box 10885 Lubbock, Texas 79408 CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of same herein acknowledged. PROPERTY: As described on Exhibit "A", attached hereto. RESERVATIONS FROM CONVEYANCE: The Grantor herein reserves for itself, and Grantor's successors and assigns and the public, a perpetual and permanent utility easement and the free and uninterrupted use and liberty of passage in, on, along, over, upon, under, and across all of the Property described on Exhibit "A" together with the rights of ingress, egress and regress at any and all times to accomplish the following purposes: allowing, but not limited to, constructing, reconstructing, repairing and perpetually maintaining any and all types of water lines, Deed Without Warranty Page 1 of 9 sewer lines, gas pipe lines, telephone and telegraph lines, electric transmission lines and any other type of public utility, whether named herein or not, which easement includes at all times and seasons the right of ingress, egress and regress of motor vehicles and personnel engaged in such construction, maintenance, reconstruction and repairing or the reading of meters. Further, it is hereby covenanted and agreed that buildings, or like permanent structures, and/or fences shall not be erected, built, constructed or allowed to be erected, built or constructed in, upon, over, along or across all or any of the Property described on Exhibit "A" and if such erection, building or construction does occur in violation of this prohibition, the Grantor shall have the right to remove, without liability and at the expense of Grantee, and/or Grantee's successors and assigns, said building, structure, and/or fence from the Property. EXCEPTIONS TO CONVEYANCE: Validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests, and other instruments, that affect the Property; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; and taxes for 2004, which Grantee assumes and agrees to pay. REPRESENTATIONS AND WARRANTIES OF GRANTEE: Grantee represents and warrants to Grantor that it has made an independent inspection and evaluation of the Property and the title to same and acknowledges that Grantor has made no statements or representations concerning the present or future value Deed Without Warranty Page 2 of 9 of the Property, the state of title of the Property, the condition, including the environmental condition of the Property, or the anticipated income, costs, or profits, if any, to be derived from the Property. FURTHER, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE, INCLUDING WITHOUT LIMITATION, THE EXISTENCE OF LIENS AGAINST THE PROPERTY, THE VALUE, QUALITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF THE PROPERTY. Grantee further acknowledges that, in accepting this Deed Without Warranty, it has relied solely upon its independent evaluation and examination of the Property, and public records relating to the Property and the independent estimates, computations, evaluations and studies based thereon. Grantor makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Grantee, if any, whether furnished by Grantor or any other third party. Grantor, its officers, employees, elected officials, independent contractors, and agents assume no liability for the accuracy, completeness or usefulness of any material furnished by Grantor, if any, or any of its officers, employees, elected officials, independent contractors and/or agents, and/or any other person or party, if any. Reliance on any material so furnished shall not give rise to any cause, claim or action Deed Without Warranty Page 3 of 9 against Grantor, its officers, employees, elected officials, independent contractors and/or agents, and any such reliance shall be at Grantee's sole risk. THE CONVEYANCE OF THE PROPERTY SHALL BE ON A "WHERE IS", "AS IS", AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESSED, STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO TITLE, INCLUDING, BUT NOT LIMITED TO THE EXISTENCE OF LIENS AGAINST THE PROPERTY, THE DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, QUALITY, VALUE, FITNESS FOR PURPOSE, MERCHANTABILITY OR OTHERWISE. Grantee has satisfied itself as to the title, type, condition, quality and extent of the property and property interests which comprise the Property it is receiving pursuant to this Deed Without Warranty. Grantor, for the consideration stated herein and subject to the Reservations and Exceptions to Conveyance, grants, sells, and conveys to Grantee the Property, to have and to hold it to Grantee and Grantee's successors and assigns forever, without warranty, express or implied, statutory or otherwise, and all warranties that might arise by common law and the warranties created by Section 5.023 of the Texas Property Code (and all amendments and successors thereto) are expressly excluded. Deed Without Warranty Page 4 of 9 EXECUTED THIS 26th DAY OF August , 2004. GRANTOR: CITY OF LI ATTEST: Aebcca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agen APPROVED AS TO FO Richard K. Casner First Assistant City Attorney GAL, MAYOR Deed Without Warranty Page 5 of 9 GRANTEE: FALCON STEEL COMPANY a Texas By: Nai STATE OF TEXAS COUNTY OF �P� This instrument was acknowledged before me on f, 2004, by on behalf of FALCOON S EEL, INC., a Texas corporation. SUSAN GRAY -FRANK NOTARY PUBLIC STATE OF TEXAS OF My Conan. Exp. "-20M Ucityatt/Richard/DeedWithoutWarranty.UtilityEasement. FalconSteel April 12, 2004 . ..57FA I//l l •/,fJ� My commission expires �,01� Deed Without Warranty Page 6 of 9 Resolution No. 2004-R WILSON SURVEYING CO., INC. �k5 Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH Page 1 of 3 Parcel 2 Being a 3347.085 square foot tract of land out of a portion of Avenue O, a City of Lubbock street, Lubbock County, Texas as dedicated and recorded in Volume 18, Page 140 of the Deed Records of Lubbock County, Texas, which said 3347.085 square feet of land is more particularly described as follows: Beginning at a 1/2" iron rod with cap, set on the East right of way line of Avenue O and the West line of Block Seven (7), Richmond Addition as conveyed to Falcon Steel Company and recorded in Volume 1037, Page 596 of the Deed Records of Lubbock County, Texas and being the North and beginning corner of this parcel; whence the Northwest comer of Block Seven (7), Richmond Addition bears North 2020'16" East, 39.03 feet to a found 3A" iron pipe; Thence South 2020'16" West, along the West line of Block Seven (7) and Block Six (6) as recorded in Volume 1037, Page 596 of the Deed Records of Lubbock County, Texas a distance of 185.50 feet to a 1/z" iron with cap, found for the Southeast comer of this parcel and being,_a right of way comer for U.S. 82 as recorded in Volume 5998, Page 190, Official Real Property Records, Lubbock County, Texas; Thence South 8902243" West, a distance of 9.41 feet to a 1/2" iron rod with cap, set for the Southwest corner of this parcel; Thence Northwesterly, along the arc of a curve to the left, an arc distance of 67.82 feet to a railroad spike, set for the end of this curve, said curve has a radius of 160.09 feet and a chord that bears North 231006'11" West, a distance of 67.32 feet; Thence Northeasterly, along the arc of a curve to the right, an arc distance of 18.97 feet to a railroad spike, set for the end of this curve, said curve has a radius 15.00 feet and a chord that bears North 0659'57" East, a distance of 17.73 feet; Thence North 371014'17" East, a distance of 15.75 feet to a railroad spike, set for the beginning of a curve to the left; Thence Northeasterly, along the arc of a curve to the left, an arc distance of 100.65 feet to the point of beginning, said curve has a radius of 165.21 feet and a chord that bears North 19047'08" East, a distance of 99.10 feet; Containing an area of 3347.085 square feet. C V8P9 7 Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, 7%a09413 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH Notes 1. Bearings are grid bearings based on Interstate 27 control points as established by Texas Department of Transportation from Lambert Grid System, NAD27, Texas North Central Zone. 2. A plat of even survey date herewith accompanies this legal description. 3. Date of field survey: July 3, 2003 i�� O FFTF h .'tea` 9F+9V ................ GA D. wiLSON Registered P f ssionai Land Surve ` r...................... �;°q 4239 Date; �-.L° suA%j``y V5)e792-4Mmfax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, TerAdsf79413 N 74.9' EXHIBIT OA° 3rd Street PAGE 3 OF 3 87'2438' E 23815'� 1M ON / / / / QJ / ............ A- / / RADIUS LENGTH DELTA CHORD rvol. 599B. Po. /90) U.S. 82 (Marsha Sharp Freeway) SCALE* 1" - 40' O- SET R.R. SPIKE Q- FOUND '/2" ROD WITH CAP R.O.W. COR. �r • - SET '/2" ROD WITH CAP / - FOUND '/2" ROD WITH CAP (UNLESS NOTED OTHERWISE `A BASIS OF BEARINGS: BEARINGS ARE GRID BEARINGS BASED ON INTERSTATE 27 CONTROL POINTS AS ESTABLISHED BY TXDOT FROM LAMBER GRID SYSTEM, NAD 27, TEXAS NORTH CENTRAL ZONE. O1 165.21' 100.65' 34° 54'22" 99.10' O2 15.00' 18.97' 72. 27'36" 17.73' O3 160.09' 67.82' 24' 16'21" 67.32' OF WAY (HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION HAT THIS PLAT IS TRUE AND CORK CT TO THE ,.,��•�„$MY-KNOWLEDGE AND 6EL�EF. T .GARY D. WILSCEEGI + .4239 -11 SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT SEARCH FOR EASEMENTS OF RECORD, ENCUMBRANCES, RESTRICTIVE COVENANTS, OWNERSHIP TITLE EVIDENCE.OR ANY OTHER FACTS WHICH AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. NO ATTEMPT HAS BEEN MADE AS A PART OF THIS BOUNDARY SURVEY TO OBTAIN OR SHOW DATA CONCERNING EXISTENCE, SIZE, DEPTH, CONDITION CAPACITY. OR LOCATION OF ANY UTILITY OR MUNICIPAL/PUBLIC SERICE FACILITY. FOR INFORMATION REGARDING THESE UTILITIES OR FACILITIES, PLEASE CONTACT THE APPROPRIATE AGENCIES OR OTHER SURVEYS. Deed Without Warranty RED PROIrE5S10NAL LAND SURVEYOR DATE- 3-- _ FB.• 422. PG. 57 WO. 34,500 CITY OF LUBBOCK PARCEL 2 A 3347.085 SO.FT. PORTION OF AVE. 0 LYING BETWEEN 3RD STREET AND U.S.82 CITY OF LUBBOCK. LUBBOCK COUNTY, TEXAS f 73 MIL30Pi SURVEYINGLOW • Co.. SurveyI NC tz oghlaod Protgslo�W LaM ors Lubbock A6uC r Poso 3330 707H STREET IU8 .' TE xAS 794/3