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Home My WebLink AboutResolution - 2004-R0209 - Special Warranty Deed - Overton Addition - 04_22_2004Resolution No. 2004-RO209 April 22, 2004 Item No. 55 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Pro Tern of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Special Warranty Deed from the City of Lubbock to McCanton Woods, Ltd. for the property described as Lot Three, Block One Hundred Twenty Six (126), Overton Addition to the City of Lubbock, Lubbock County Texas. Said Warranty Deed 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 22nd day of April '2004. 1 d ' T.J. PAT ERSON, Mayor Pro Tem ATTEST: Re ecca Garza, City Secretary Is APPROVED AS TO CONTENT: �? A Craig Faimer, Managing Direckor of Planning and Transportation APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney Office Practice Section City Att / Linda: Res -SW Deed McCanton Woods April 12, 2004 Resolution No. 2004-RO209 April 22, 2004 Item No. 55 SPECIAL WARRANTY DEED DATE: April 22nd , 2004 GRANTOR: CITY OF LUBBOCK, TEXAS GRANTOR'S MAILING ADDRESS: P.O. Box 2000 Lubbock, Texas 79457 GRANTEE: McCANTON WOODS, Ltd., a Texas limited partnership GRANTEE'S MAILING ADDRESS: 76,09 Sotlem Av,� L<b6ocK,� `7jfI4 CONSIDERATION: Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of same herein acknowledged. PROPERTY: THE SURFACE ESTATE ONLY: Lot Three (3), Block One Hundred Twenty Six (126), Overton Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof, recorded in Volume 18, Page 610, Deed Records, Lubbock County, Texas; in Volume 19, Page 56, Deed Records, Lubbock County, Texas; and in Volume 19, Page 568, Deed Records, Lubbock County, Texas. RESERVATIONS FROM CONVEYANCE: Grantor and Grantor's successors and assigns do hereby except from this conveyance and hereby reserve all Grantor's right, title and interest, in and to Grantor's cause of action only Special Warrranty Deed Page 1 of 6 against Alice Marie Kester, Lubbock Central Appraisal District On Behalf of Lubbock Independent School District, Lubbock County, Lubbock County Hospital District, and High Plains Water District, for condemnation of the Property, arising out of and as set forth in Cause No. 2004-595,310, styled City of Lubbock, Texas v. Alice Marie Kester, Lubbock Central Appraisal District On Behalf of Lubbock Independent School District, Lubbock County1 Lubbock County Hospital District, and High Plains Water District, in the County Court at Law No. 3, of Lubbock County, Texas, for the benefit of Grantor and Grantor's successors and assigns (the "Cause of Action"). This Special Warranty Deed conveys the real property described herein, but is not intended to be a transfer of any interest in the Cause of Action, pursuant to Section 12.014 of the Texas Property Code. Grantor specifically reserves all Grantor's right, title and interest, only in and to the Cause of Action. EXCEPTIONS TO CONVEYANCE AND WARRANTY: 1. Validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded and validly existing oil and gas leasesand mineral interests 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. 2. The rights incident or related to parties in possession of the Property. 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, other than that conveyed and warranted herein, the condition, including the Special Wanrranty Deed Page 2 of 6 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, OTHER THAN THAT CONVEYED AND WARRANTED HEREIN, 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 Special Warranty Deed, 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. THE CONVEYANCE OF THE PROPERTY SHALL BE ON A "WHERE IS", "AS IS", AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT Special Warrranty Deed Page 3 of 6 REPRESENTATION OR WARRANTY, EXCEPT TITLE WARRANTIES, AS CONVEYED AND WARRANTED HEREIN, EXPRESSED, STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO TITLE, OTHER THAN CONVEYED AND WARRANTED HEREIN, 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 Special Warranty Deed. Grantor, for the consideration stated herein and subject to the Reservations from Conveyance and 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 way belonging, to have and to hold it to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through or under Grantor, but not otherwise, except as to the Reservations from Conveyance and Exceptions to Conveyance and Warranty. Special Warranty Deed Page 4 of 6 .L vv - i /- G-V EXECUTED THIS ATTEST: 22nd DAY OF APRIL, 2004. Rebe ca Garza, City Secretary STATE OF TEXAS COUNTY OF LUBBOCK § GRANTOR: CITY OF LUBBOCK T. J. P TERSON, MAYOR PRO TEM This instrument was acknowledged before me on4,LL_23 , 2004 by T. J. Patterson as Mayor Pro Tem of the City of Lubbock. LINDA B• HART Nota rY Public, State ;,F„SE4��, of T My Commiss+on Exp;fes S June 30, 2007 APPROVED AS TO CONTENT: �r Ed Bucy, Right -of --Way A ent APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney (Si ature of officer) Notary Public, State of Texas My commission expires: 2-0 &'7 Special WanTanty Deed Page 5 of 6 'LCv q - K-VZ, v`7 GRANTEE: McCANTON WOODS, Ltd, a Texas limited partnership STATE OF TEXAS § COUNTY OF LUBBOCK § r This instrument was acknowledged before me on ,r,'% , 2004, by on behalf of McCARTON WOODS, Ltd, a Texas�Iimitertnershi , y /'Y1G� ,.p�nt�',�ZAJIrI ,� /-, C°WX °STHyFUe`'' SHELLIE D. LYKINS Sao � *1 Notary Public, State o} Texas +�y } Pay COMMAISSIOn Expires 12-01-2004 Ucityatt/Richard/Deed-Special Warranty.McCantonWoods Kester.redline April 15, 2004 .., My commission expires Special Warrranty Deed Page 6 of 6