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HomeMy WebLinkAboutResolution - 2004-R0136 - Deed Without Warranty - Bacon Crest, LTD - 03_23_2004Resolution No. 2004-RO136 March 23, 2004 Item No. 29 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 Bacon Crest, 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 2 ATTEST: Rebec a Garza, ity Secretary APPROVED AS TO CONTENT: Ed Bucy, Right-of-W Agent APPROVED AS TO FORM: "/� e��- Richard K. Casner First Assistant City Attorney ke/ccdocs/Deed Without Warranty. Bacon Crest. Res March 12, 2004 )4. Ed NOTICE OF CONFIDENTIALITY RIGHTS: VOL .90.16PACE 43 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 N THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. iq� FILE AND RMRN TO ED BUCY 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: Bacon Crest, LTD., a Texas limited partnership GRANTEE'S MAILING ADDRESS: 7209 76th Street Lubbock, Texas 79424 CONSIDERATION: Resolution No. 2004-RO136 March 23, 2004 Item No. 29 VOL 9016RAcF 44 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" and Exhibit `B", 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 with the Deed Without Warranty Page 1 of 8 VOL9016PACE 45 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 8 VOC9016pw 46 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 8 VOL'9016PACE 47 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 8 EXECUTED THIS 23rd DAY OF MARCH, 2004. YUL 9016PAGE 48 GRANTOR: CITY OF -Lt SEAL McDOU AYOR ATTEST: ..6 -.�--- Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way A4ent APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney Deed Without Warranty Page 5 of 8 GRANTEE: VOL 9016PAGE BACON CREST, LTD., a Texas limited partnership By: By: George McMahan Development, L.L.C., a Texas limited liability company, General Partner Title: Manager & Member STATE OF TEXAS § COUNTY OF Lv&N C j< This instrument was acknowledged before me on this the rl' & 2004, by George H. McMahan, Manager and Member of George McMahan Development, L.L.C., a Texas limited liability company, as General Partner for BACON CREST, LTD., a Texas limited partnership, on behalf of said limited partnership, and in the capacity therein stated. EDWARD WILSON BUCY EA Notary Public, State of Texas, My Commission Expires , 11-21-2007 Ucityatr/Richard/DeedWithoutWarranty.Dminage Easement. BaconCrest March 9, 2004 Notary Public, State of Texas My commission expires It ^ L ►- rwr Deed Without Warranty Page 6 of 8 HUGO REED AND ASSOCIATES, INC. a 1601 Av"W N / Lubbock Tun 7W1 / SOWN-WQ / FAX 80&7W-M91 '— G Resolution No. 2004-R0136 EXHIBIT "A" G a rn U C METES AND BOUNDS DESCRIPTION of a 0.4571 acre tract of land located in Section 29, Block AK, Lubbock County, Texas, being a portion of that 1.06 acre tract described in Volume 5703, Page 106, Deed Records of Lubbock County, Texas, said 0.6042 acre tract being further described as follows: BEGINNING at a point in the South line of said 1.06 acre tract for the Southeast corner of this tract which bears N. 00'05'00" E: a distance of-55.00 feat and.N:-i89'55'20" W: & distance of 752.00 feet from the Southeast corner of the Southwest quarter, of, -Section 29, Block -AK, Lubbock County; Texas; THENCE N. 89055'20" W. a distance of 568.88 feet to a point for the Southwest corner of this tract; THENCE N. 00°02'26" E. a distance of 35.00 feet to a 1/2" iron rod with cap found in the North line of said 1.06 acre tract, •for the Northwest corner of this tract; THENCE S. 89055'20" E., along the North line of said 1.06 acre a distance of 568.91 feet to a 1/2" iron rod with cap found at the Southwest comer of a 10.242 acre tract surveyed by me on this date and the Northeast comer of this tract; THENCE S. 00005'00" W. a•distance of 35.00 feet to the Point of Beginning; . December 5, 2003 Robert A. hristoph r Registered Professional Land Surveyor No. 5167 " Licensed State Land Surveyor State of Texas v Deed Without Watranty . Page 7 of 8 " PLAT OF A PROPOSED DRAINAGE EASEMENT k LOCATED IN SECTION 29 BLOCK AK - LUBBOCK Z&FWYa TEXAS A. ao o }i c-n v ' N IQ.47M.&AW COMM �y Ft IN��t �n D W I.06 ACRES '►+a ►ad' g 99 Q o' bd o METES AND ooLpm oEwjwnON of a 1.05 aaa bait beabd In 8aaYon 29, Mock NC Ld6m c Qmq, Tacna. bobv V N fill i al I~ 4aor- I bbw. IAVV M'.GMM d a Ur ben nd CIA aV Id In h NOT 11106014 atr bw of 82nd Bbaat aid to Wabt Ina d 810bn 20. Mb* ! AK for 8w 8aahwd eanwr d 8da tad IdIbA bas M. WMi78 E. d 08.00 be bma 8w saw~ amm Of a ' 8stlba 20.8brk AK; O r+ . N THENCE M. 02.2178' E, WM b Waal kwd 8u8On 20. Me* AK a dbbam of be b a JW bon and vft op ad tm W La M Ilaeroad omwr d 8da tact � tag g$ g TH MM a Grsrar E a dtaYma of13MA bd b a tW bw nd.Ih amp ad for gomwommat amaar ofaaa b«c GQ L i S T EMCE 8. 02124vr W. a d omma of 78A0 bd b a tT ken and wM eay r In ra N W& ftm4may bw of 82nd ebad for w 8w8wad mnrr d 8da tact SCALE : 1"-200' all THENCE It VM 3r W., Ymp ba Nm6 bw d 82n4 8bsd a dbbma d 1320.88 bd b 8w Pabd d Elptr�bq. 0-g� SET �q RROD W/CAP CONTROL MaAMENTS AS FOUND !f. swowly Csrow 00nid OF TRrpySSPOR�TyA�T�TIVEl71 TE> _p�PApTME Iwy t tew � $ r1 ` ` 9 A FAA fB OFST AI OVE A 715tS M•wMa.d Pmbwen.t tana tbdeyer FL tM No. a81a8bbdTaaw � _ i.3.e TC ]9t4nrnry ,nA Resolution No. 2004—R 0136 March 23, 2004 Item No. 29 DEED WITHOUT WARRANTY DATE: March 23, 2004 GRANTOR: City of Lubbock, Texas GRANTOR'S MAILING ADDRESS: P.O. Box 2000 Lubbock, TX 79457 GRANTEE: Bacon Crest, LTD., a Texas limited partnership GRANTEE'S MAILING ADDRESS: 7209 76th Street Lubbock, Texas 79424 CONSIDERATION: Ten and No1100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of same herein acknowledged. PROPERTY: As described on Exhibit "A" and Exhibit `B", 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 with the Deed Without Warranty Pagel of 8 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 8 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 8 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 8 EXECUTED THIS 23rd DAY OF MARCH, 2004. ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way A4ent APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney Deed Without Warranty Page 5 of 8 GRANTEE: BACON CREST, LTD., a Texas limited partnership By: a"�'I By: George McMahan Development, L.L.C., a Texas limited liability company, General Partner Title: Manager & Member STATE OF TEXAS COUNTY OF & /50,, C <, This instrument was acknowledged before me on this the J'1' _, _JU 2004, by George H. McMahan, Manager and Member of George McMahan Development, L.L.C., a Texas limited liability company, as General Partner for BACON CREST, LTD., a Texas limited partnership, on behalf of said limited partnership, and in the capacity therein stated. ------------- EDWARD WILSM BUCY Not Public State of Texas Notary Public, State of Texas �' My Commission Expires My commission expires it^ L ►---Q j Ucityatt/Richard/Deed WithoutWarranty.Drainage Easement. BaconCrest March 9, 2004 Deed Without Warranty Page 6 of 8 HUGO REED AND ASSOCIATES, INC. 1801 Avwmu N I Lubbock, Tom M01 I a0 MU -NO I FAX 80WO-Mi EXHIBIT "A" 0 Resolution No. 2004—RO136 METES AND BOUNDS DESCRIPTION of a 0.4571 acre tract of land located in Section 29, Block AK, Lubbock County, Texas, being a portion of that 1.06 acre tract described in Volume 5703, Page 106, Deed Records of Lubbock County, Texas, said 0.6042 acre tract being further described as follows: BEGINNING at a point in the South line of said 1.06 acre tract for the Southeast comer of this tract which bears N. 00005'00" E. -a distanoe of-.55.00 feet and N: 89'55'20" W. a, distance. of 752.00 feet from the Southeast comer of the Southwest quarter of Section 29, Block -AK, Lubbock County; Texas; I ; THENCE N. 89055'20" W. a distance of 568.88 feet to a point for the Southwest comer of this tract; THENCE N. 00002'26" E. a distance of 35.00 feet to a 1/2" iron rod with cap found in the North line of said 1.06 acre tract, for the Northwest comer of this tract; THENCE S. 89055'20" E., along the North line of said 1.06 acre a distance of 568.91 feet to a 1/2" iron rod with cap found at the Southwest corner of a 10.242 acre tract surveyed by me on this date and the Northeast comer of this tract; THENCE S. 00°05'00."' W. a distance, of 35.00 feet to the Point of Beginning. December 5, 2003 Robert A. Vhrdstoph&� Registered Professional Land Surveyor No. 5167 ` Licensed State Land Surveyor State of Texas FA Deed Without Warranty Page 7 of 8 PLAT OF A PROPOSED DRAINAGE EASEMENT LOCATED IN SECTION 29 BLOCK AK LUBBOCK 0NTY.TEXAS lAloa.1,1*.aw�a.k� kct. ts�>a a MOTES AND BOUNDS DESCRI rM of a 1.00 um tract bcoW in Section 2S. NOM AK, U&aock County. Texas. Wing hagm dsaabod as bWaL SEf3M04 aim 1(Y ion rod UM cap eat le en NoM dpMof way One o(a2W Straat and eke WMt *w of &KWn 29, Block AK for f W 8ouewaat comer of wo tract modch baaw N. 02.212r E a dfabnoa of 55.00 lost from ow Souar"d comer of ' Sec n 29. 811Xk AK; n*3N" N. 02-21W E, abW tba Wet Toe of $*don 20. Block AK a distance of 35.00 Omit b a JW ton rod with cap eat for the Nwwalat conker of oft took THENCE & VM37' E a dYWlos o(1320J22 Mt b a iW ton rod wMh cap act br ele l'- fA -eat rimer o(ekb track THENCE & 02'24W W. s dYtalloa of 26.00 bet loa l/r iron and wkb eap set b the NoM dtht of way Ins of $2nd StMt for IM SwAhwat acmes of 9dee tack THENCE N e7'33 3P W along the ltolth Ohl 7 be of e2nd Street a distance of 1320.89 bat to eks Point of B"w". Celow coned. July 1.1w 0 ,� OF tR 00 a, Oukbl E MaNnaz TiNEZ t�aOMskad Atobssbkwl Lakkd Surveyor No. 4516 Bttla at Tom 0,�. . nQ• I � un orns�e 1w�rll:—v sw w ma M v SCALE : 1"•200' CONTROL MONUMENTS AS FOUND 8 SHOWN 40- SET W' ROD W/CAP - ALCOVE AVEI 5 PLAT OF A PROPOSED DRAINAGE EASEMENT LOCATED IN SECTION BOCK9 BLOCK AK t-ao aaoa wenaoes arov �j r+eo arena o.vc -- ff.ryyl yl_ v� AT STREET- mrw<a� MOM AND eo XX DESCMMM W a 1.06 SM boa bided in Seetbn n, ftKk AK Lubbock Cwr4, Tax". b"V f/aala/ daartbd tl hdbwc BEGO44M al a ,!!• on rod edb nP at b ar NOM e*M-okm bo of 82W SbW and 0r Wed ena W Salon 20, flb* AK be Vw Soudand Donn of die beet wNch bwa K OM12r E. a dYdanoe Of 55AD f W /mn fti SwA IM amnar of Sedbn =, Mmk AK- N. 02.217r E. Wwv 0r WaW M of Seodon V. MOac AK a dY 1 of 33.00 feet b a ,Q' Yon and aAb cap ad for tM IaoralwW wanar of Sda aact T *N= E &PMr E a dbWm of I MW 6W 10 a Ur Yen rod w!e M eat for the efwflnaW owner of Lb vaet: THEWE E 02-24MV W. a df wm of 36DO *W to a 11r Yon red woe ap aat in ar NmF rW*4w" b of 821W Sbwat for to souram m a mar of #* kart THENCE 1L 67n33T W., Wwq •r MOM r"* aaY bw of 82W Meet a &* moa of 132o.89 bd b ar PoW W Dopm* ar, t.1iD1 w t F oz No. 4315 OWn Of To= _ J! • O F . rt SCALE: 1"•200' CONTROL MONUMENTS AS FOUND 5 SHOWN am SET 1&' ROOW/CAP O�qR�IVE ppxg AVTPOFRSRTTppL ED T�HWMAN B2M 5T ALCOVEE l9 11r19Z00 ion