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HomeMy WebLinkAboutResolution - 2004-R0137 - Deed Without Warranty - Amistad Commercial Property, L.P. - 03_23_2004Resolution No. 2004-RO137 March 23, 2004 Item No. 30 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 Amistad Commercial Property, L.P., 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 23rd d; ATTEST: -a 4e'c-� x�' , Rebecca varza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent I APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney ke/ccdocs/Deed Without Warranty. Amistad.Res March 12, 2004 • _t NOTICE OF CONFIDENTIALITY RIGHTS: JLJL820 VOL ,9016PAGE 60 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. FILE AND RETURN TO Resolution No. 2004 RO137 ED BUCY R-O-W March 23, 2004 Item No. 30 DEED WITHOUT WARRANTY DATE: March 23, 2004 GRANTOR: City of Lubbock, Texas GRANTOR'S MAILING ADDRESS: P.O. Box 2000 Lubbock, TX 79457 VOL ,9Q16PAGE 61 GRANTEE: Amistad Commercial Property, L.P., a Texas limited partnership GRANTEE'S MAILING ADDRESS: 4722 22" d Street Lubbock, Texas 79407 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: 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 7 r VOL 9016PA6f 62 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 . .{ vot 9016no 63 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 . .d YoL 9016PAG1 64 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 VOL'9016PAcf 65 EXECUTED THIS 23rd DAY OF MARCH, 2004. GRANTOR: CITY OF BO R. SEAL ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney Deed Without Warranty Page 5 of 7 VOL1016PAGE 66 GRANTEE: AMISTAD COMMERCIAL PROPERTY, L.P., a Texas limited partnership By: 4` 1 ` Name: Scott Collier Title: General Partner STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on a.,<'i , /S' 2004, by Scott Collier, General Partner, on behalf of AMISTAD COMMERCIAL PROPERTY, L.P., a Texas limited partnership. DAVY M. BOOHER Notary Public, State of Texas ,* My Commisslort Expires 12-16-2006 SEAL LcityaWRichard/DeedWithoutWanranty.Drainage Easement. Amistad March 9, 2004 Notary Public, State of Texas My commission expires /d- /L -2do 6 Deed Without Warranty Page 6 of 7 Exhibit "A" Resolution No. 2004—RO137 HUGO REED AND ASSOCIATES, INC. 1601 AWPW N f LUMXW t, Toth 71141W ! 6O6fr6345601 PAX 60&763.36Y1 wx'9016pw , 67 METES AND BOUNDS DESCRIPTION of a 0.6042 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 for the Southeast comer of said 1.06 acre tract and the Southeast comer of this tract which bears N. 00005*00" E. a distance of 55.00 feet from the Southeast comer of the Southwest quarter of Section 29, Block AK, Lubbock County, Texas; THENCE N. 89°55'20" W., along the South line of said 1.06 acre tract a distance of 752.00 feet to a point for the Southwest comer of this tract; THENCE N. 00°05'00" E. a distance of 35.00 feet to a 1/2" iron rod with cap set in the North line of said 1.06 acre tract, for the Southwest comer of a 10.242 acre tract surveyed by me on this date and the Northwest comer of this tract; THENCE S. 89°55'20" E., along the North line of said 1.06 acre tract and the South line of said 10.242 acre tract a distance of 752.00 feet to a 1 /2" iron rod with cap found at the Southeast comer of said 10.242 acre tract and the Northeast corner of said 1.06 acre tract and the Northeast comer of this tract; THENCE S. 00°05'00" W., along the East line of said 1.06 acre tract a distance of 35.00 feet to the Point of Beginning. December 5, 2003 Ztoberthristopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas 1=ILED FOR RECORD 7004 MAR 24 AM 10: 52 'J-� q COUNTY CLEW Waeo CK COUNTY Ta%Ai STATE OF l EXAS COUNTY OF LUBBOCK 1 Mroby artMy VW Vila tpbumsM vm FILED on the dab and at ttr *w sWnpW !mom by an wW wa duly RECORDED in Or VoMtrne and Pap Of ft oftW NA P-Oft d Wbboci< C ma , Tao ar dwaW Woon W me LIAR $4 2004 Page 7 of 7 Resolution No. 2004-RO137 March 23, 2004 Item No. 30 DEED WITHOUT WARRANTY DATE: March 23, 2004 GRANTOR: City of Lubbock, Texas GRANTOR'S MAILING ADDRESS: P.O. Box 2000 Lubbock, TX 79457 GRANTEE: Amistad Commercial Property, L.P., a Texas limited partnership GRANTEE'S MAILING ADDRESS: 4722 22°d Street Lubbock, Texas 79407 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: 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 7 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 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 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 Wartanty Page 4 of 7 EXECUTED THIS 23rd DAY OF MARCH, 2004. ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: µ Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney Deed Without Warranty Page 5 of 7 GRANTEE: AMISTAD COMMERCIAL PROPERTY, L.P., a Texas limited partnership By: Name: Scott Collier Title: General Partner STATE OF TEXAS COUNTY OF LUBBOCK § This instrument was acknowledged before me on Q ,fX , /,S , 2004, by Scott Collier, General Partner, on behalf of AMISTAD COMMERCIAL PROPERTY, L.P., a Texas limited partnership. DAVY M. BOOHER Notary Public, State of Texas My Corriftslort Wres 12-16-20M UcityamRichard/DeedWithoutWarranty.Drainage Easement. Amistad March 9, 2004 Notary Public, State of Texas My commission expires /01— /&/ -lao 6 Deed Without Warranty Page 6 of 7 Exhibit "A" Resolution No. 2004—RO137 HUGO REED AND ASSOCIATES, INC. 1001 Awnus N / Lubbock, Tom M01 / e W03-SM / FAx WW63-Mi METES AND BOUNDS DESCRIPTION of a 0.6042 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 for the Southeast comer of said 1.06 acre tract and the Southeast comer of this tract which bears N. 00°05'00" E. a distance of 55.00 feet from the Southeast comer of the Southwest quarter of Section 29, Block AK, Lubbock County, Texas; THENCE N. 89055'20" W., along the South line of said 1.06 acre tract a distance of 752.00 feet to a point for the Southwest comer of this tract; THENCE N. 00005'00" E. a distance of 35.00 feet to a 1/2" iron rod with cap set in the North line of said 1.06 acre tract, for the Southwest corner of a 10.242 acre tract surveyed by me on this date and the Northwest corner of this tract; THENCE S. 89055'20" E., along the North line of said 1.06 acre tract and the South line of said 10.242 acre tract a distance of 752.00 feet to a 1/2" iron rod with cap found at the Southeast comer of said 10.242 acre tract and the Northeast corner of said 1.06 acre tract and the Northeast comer of this tract; THENCE S. 00005'00" W., along the East line of said 1.06 acre tract a distance of 35.00 feet to the Point of Beginning. December 5, 2003 / Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas Page 7 of 7 Exhibit "A" Resolution No. 20ti4-ROi37 HUGO REED AND ASSOCIATES, INC. 1601 Avenue N / Lubbock. Tifw 79401 / SOW634M / FAX SO&A -MI vo 9Q16pw f67 CIVIL ENGINEERS METES AND BOUNDS DESCRIPTION of a 0.6042 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 for the Southeast comer of said 1.06 acre tract and the Southeast comer of this tract which bears N. 00005*00" E. a distance of 55.00 feet from the Southeast comer of the Southwest quarter of Section 29, Block AK, Lubbock County, Texas; THENCE N. 89°55'20" W., along the South line of said 1.06 acre tract a distance of 752.00 feet to a point for the Southwest comer of this tract; THENCE N. 00*05*00" E. a distance of 35.00 feet to a 1/2" iron rod with cap set in the North line of said 1.06 acre tract, for the Southwest comer of a 10.242 acre tract surveyed by me on this date and the Northwest comer of this tract; THENCE S. 89°55"20" E., along the North line of said 1.06 acre tract and the South line of said 10.242 acre tract a distance of 752.00 feet to a 1/2" iron rod with cap found at the Southeast comer of said 10.242 acre tract and the Northeast comer of said 1.06 acre tract and the Northeast comer of this tract; THENCE S. 00'05'00" W., along the East line of said 1.06 acre tract a distance of 35.00 feet to the Point of Beginning. December 5, 2003 ZRoberthristopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas NLED FOR RECORD 7004MAR 24 AM 10'- 52 COUNTY CLERY. LIMP TEXAS STATE OF 1 EXAS COUNTY OF LUBBOCK I hx.br dmt We kmtna mnt was FLED on go date and at the 6ne stamped Im em by me end was duty RECORDED In to vokne and Page of 010 ofHCial PUM Rsoocds of LAW* Count', Txm as swnped hereon by ms .MAR 84 2004 a sera F 4 (/�j �, ColxrtY q.ERK LUMOCK COMM TOM Page 7 of 7