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Home My WebLink AboutResolution - 2004-R0135 - Deed Without Warranty - Milwaukee, LTD - 03_23_2004Resolution No. 2004-RO135 March 23, 2004 Item No. 28 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 Milwaukee, LTD., a Texas limited partnership, 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 23 ATTEST: Z. O.A.'A e-� J"�" - R Recca Garza, City Secret y APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney ke/ccdocs/Deed Without Warranty. Milwaukee LTD.Res March 12, 2004 )4. NOTICE OF CONFIDENTIALITY RIGHTS: ijLsig VOL -9016put 52 IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. jA5 RLE AND RMRN i0 ED BUOY R 04 DEED WITHOUT WARRANTY DATE: March 23, 2004 GRANTOR: City of Lubbock, Texas GRANTOR'S MAILING ADDRESS: P.O. Box 2000 Lubbock, TX 79457 GRANTEE: Milwaukee, LTD., a Texas limited Partnership GRANTEE'S MAILING ADDRESS: 7209 76`h Street Lubbock, Texas 79424 CONSIDERATION: Resolution No. 2004-RO135 Harch 23, 2004 Item No. 28 VOL -9016PAcE 53 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: For Grantor and Grantor's successors and assigns, a reservation of a perpetual and permanent drainage easement and the free and uninterrupted use, liberty of passage in, on, along, over, upon, under, and across all of the Property for the purposes herein stated, said easement including, but is not limited to, the free and uninterrupted use, liberty and privilege of passage in, along, over, across, under, upon and against all of the Property for the purpose of constructing, reconstructing, maintaining, repairing, cleaning and clearing said premises for the free and unobstructed drainage of surface water; together Deed Without Warranty Pagel of 7 VOL 9016PAGE 54 with the right of ingress, egress, and regress for such purposes in, on, along, through and across all of the Property. Further, it is hereby covenanted and agreed .that (i) the Grantor retains and reserves the right to set and determine the drainage grade and direction of flow of surface waters on the Property; and (ii) 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 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 of the Property, the state of title of the Property, the condition, including the Deed Without Warranty Page 2 of 7 VOL-9016PAGE 55 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 against Grantor, its officers, employees, elected officials, independent contractors and/or agents, and any such reliance shall be at Grantee's sole risk. Deed Without Warranty Page 3 of 7 . vot_ 9016PAGE 56 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 7 EXECUTED THIS _ 23rd DAY OF MARCH, 2004. GRANTOR: CITY OF Lt SEAL ATTEST: n�t�— Reb&ca Garza, City Secretary APPROVED AS TO CONTENT: 44,1 6 Ed Bucy, Right -of- ay Agent APPROVED AS TO FORM: "o�� Richard K. Casner First Assistant City Attorney YOL 9016PAGE 57 GAL, MAYOR Deed Without Warranty Page 5 of 7 GRANTEE: VOL 9016PAGE 58 MILWAUKEE, LTD., a Texas Limited P e ship By: Z4 T Name: George McMahan Development, L.L.C., a Texas limited liability company, General Partner Title: Manager & Member STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on this the day of/% A*k 2004, by George H. McMahan, Manager and Member of George McMahan Development, L.L.C., a Texas limited liability company, as General Partner for MILWAUKEE, LTD., a Texas limited partnership, on behalf of said limited partnership, and in the capacity therein stated. EDWARD WILSONI $UCY SEAL Notary Public, State of Texas Notary Public, State of Texas my commission Expires My commission expires o -7 ' 11-21-2007 Lcityatt/Richard/DeedWithoutWarranty.Drainage Easement. Milwaukee.Ltd March 9, 2004 Deed Without Warranty Page 6 of 7 Exhibit "A" Resolution No. 2004—R 0135 YOl9016PAcE 59 METES AND BOUNDS DESRIPTION of a 0.42 acre tract located in Section 30, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a %Z" iron rod with cap set in the North right-of-way line of 82nd Street and the East line of Section 30, Block AK for the Southeast corner of this tract which bears N. 02°2128" E., a distance of 55.00 feet from the Southeast comer of Section 30, Block AK; THENCE N. 87033'37" W., along the North right-of-way line of 82nd Street a distance of 524.18 feet to a 1/2" iron rod with cap set for the Southwest corner of this tract; THENCE N. 02021'05" E. a distance of 35.00 feet to a %Z" iron rod with cap set for the Northwest corner of this tract; THENCE S. 87033'37" E. a distance of 524.19 feet to a 1/z" iron rod with cap set for the Northeast corner of this tract; THENCE S. 02021'28" W., along the East line of Section 30, Block AK a distance of 35.00 to the Point of Beginning. 2004 MAR 24 A� I0: 52 COUNTY CURS. 02-tr0r.r r,+;;r TEXAS S 1 ATE OF 3 EXA5 COUNTY OF LUBBOCK by Certify that this instrument was FILrrD on the t hereand was duty date and at the time stamped hereon by hereon by rt10� R.CORDEDLinthe Volume and Page 01 the Gounty,Tax" as stampedhi Public Of MAR 24 2004 o e` �uaeoe�eob* /j dCOUNTY ERK 00 LUBBOCK CAtJM1Y. TEXAS o Deed Without Warranty Page 7 of 7 Resolution No. 2004-RO135 March 23, 2004 Item No. 28 DEED WITHOUT WARRANTY DATE: March 23, 2004 GRANTOR: City of Lubbock, Texas GRANTOR'S MAILING ADDRESS: P.O. Box 2000 Lubbock, TX 79457 GRANTEE: Milwaukee, LTD., a Texas limited Partnership GRANTEE'S MAILING ADDRESS: 7209 76th Street Lubbock, Texas 79424 CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of same herein acknowledged. Zelil-A-t4" As described on Exhibit "A", attached hereto. RESERVATIONS FROM CONVEYANCE: For Grantor and Grantor's successors and assigns, a reservation of a perpetual and permanent drainage easement and the free and uninterrupted use, liberty of passage in, on, along, over, upon, under, and across all of the Property for the purposes herein stated, said easement including, but is not limited to, the free and uninterrupted use, liberty and privilege of passage in, along, over, across, under, upon and against all of the Property for the purpose of constructing, reconstructing, maintaining, repairing, cleaning and clearing said premises for the free and unobstructed drainage of surface water; together Iced Without Warranty Page 1 of 7 with the right of ingress, egress, and regress for such purposes in, on, along, through and across all of the Property. Further, it is hereby covenanted and agreed that (i) the Grantor retains and reserves the right to set and determine the drainage grade and direction of flow of surface waters on the Property; and (ii) 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 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 of the Property, the state of title of the Property, the condition, including the Deed Without Warranty Page 2 of 7 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 famished shall not give rise to any cause, claim or action against Grantor, its officers, employees, elected officials, independent contractors and/or agents, and any such reliance shall be at Grantee's sole risk. Deed Without Warranty Page 3 of 7 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 Wananty Page 4 of 7 EXECUTED THIS 23rd DAY OF MARCH, 2004. GRANTOR: CITY OF LL ATTEST: Reb ca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of- ay Agent APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney MAYOR Deed Without Warranty Page 5 of 7 GRANTEE: MILWAUKEE, LTD., a Texas Limitedt. P e ship IL �—L. By: L eC2 Name: George McMahan Development, L.L.C., a Texas limited liability company, General Partner Title: Manager & Member STATE OF TEXAS COUNTY OF LUBBOCK § This instrument was acknowledged before me on this the ��day of/M4,*#, 2004, by George H. McMahan, Manager and Member of George McMahan Development, L.L.C., a Texas limited liability company, as General Partner for MILWAUKEE, LTD., a Texas limited partnership, on behalf of said limited partnership, and in the capacity therein stated. EDWARD 1(MON BUCY Notary Public, State of Texas My CommIsion EVM ' 11-21-20Q7 UcityatdRichard/DeedWithoutWarranty.Drainage Easement. Milwaukee.Ltd March 9, 2004 Notary Public, State of Texas My commission expires //- z i - o -7 Deed Without Warranty Page 6 of 7 Resolution No. 2004-R0135 Exhibit "A" METES AND BOUNDS DESRIPTION of a 0.42 acre tract located in Section 30, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a'/z" iron rod with cap set in the North right-of-way line of 82na Street and the East line of Section 30, Block AK for the Southeast corner of this tract which bears N. 02°21'28" E., a distance of 55.00 feet from the Southeast corner of Section 30, Block AK; THENCE N. 87033'37" W., along the North right-of-way line of 82"d Street a distance of 524.18 feet to a'/z" iron rod with cap set for the Southwest corner of this tract; THENCE N. 02021'05" E. a distance of 35.00 feet to a %z" iron rod with cap set for the Northwest corner of this tract; THENCE S. 87033'37" E. a distance of 524.19 feet to a'/2" iron rod with cap set for the Northeast comer of this tract; THENCE S. 02021'28" W., along the East line of Section 30, Block AK a distance of 35.00 to the Point of Beginning. Deed Without Warranty Page 7 of 7 L c,vy - uul, -s --�- CONVEYANCE INSTRUMENTS (When City Conveys Property) ORIGINAL — RETURNED TO DEPARTMENT COPY — CITY SECRETARY'S OFFICE c //) Nam ate