HomeMy WebLinkAboutResolution - 2017-R0416 - Deed Without Warranty - Raiderpark - 11_16_2017Resolution No. 2017-RO416
Item No. 6.3
November 16, 2017
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, a Deed Without Warranty for the sale of excess right-of-way
located at 2522 Marsha Sharp Freeway in Lubbock, Lubbock County, Texas, by and between
the City of Lubbock and Raiderpark, LP, of Lubbock, Texas, and 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 City Council.
Passed by the City Council on November 16, 2017
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Secre ry
APPROVED AS TO CONTENT:
aDr
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Ry n ooke, Assistant City Attorney
RIGS. Deed WithOUI Warranty to Raiderpark, 1T
11,01.17
File and Return to
Dave Booher R.O.W.
Resolution No. 2017-RO416 City of Lubbock
ON
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR
N
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
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m
DEED WITHOUT WARRANTY
WL
Date: November 16 , 2017
Grantor: City of Lubbock, Texas (the "City")
Grantor's Mailing Address:
P.O. Box 2000
Lubbock, Lubbock County, Texas 79457
Grantee: Raiderpark, LP ("Raiderpark")
Grantee's Mailing Address:
1214 Avenue K
Lubbock, Lubbock County, Texas 79401
Consideration:
Ten and No/100 Dollars ($10.00) and other good and valuable consideration.
Property (including any improvements):
That certain real property located at 2522 Marsha Sharp Freeway in Lubbock,
Lubbock County, Texas, and being more particularly described as a 2686 square feet
tract out of Section 20, Block A, Lubbock County, Texas, which is part of Boston
Avenue adjacent to Tract A, R and N Isom Addition to the City of Lubbock, Lubbock
County, Texas as shown on the Plat of R and N Isom Addition recorded under
Lubbock County Clerk File Number 2010001298, being further described in attached
"Exhibit A," and being further described by metes and bounds as follows:
BEGINNING at a found 1/2" rod with yellow cap in the West line of Tract A, for the
Southeast corner of this tract from which the Southwest corner of Tract A by Plat
calls bears S 09°33'32" E, 109.63 feet and S 09°33'15" E, 107.93 feet;
THENCE S 55°4244" W (Texas North Central Zone Bearing Basis), 25.86 feet to
the Southwest comer of this tract;
Deed Without Warranty Page 1 of 5
THENCE for this and the following five (5) calls following the edge of a sidewalk, N
10°32'54" W, 14.70 feet to a corner of this tract;
THENCE N 09011'33" W, 23.56 feet to a corner of this tract;
THENCE N 05024'46" W, 58.79 feet to a corner of this tract;
THENCE N 01041'57" W, 24.69 feet to a corner of this tract;
THENCE N 50020' 16" E, 12.53 feet to a corner of this tract;
THENCE S 88010'03" E, 27.64 feet to a set 1/2" rod with green cap marked RPLS
4460 for a Northwesterly corner of Tract A, and the Northeast corner of this tract;
THENCE for this and the following three (3) calls along the Easterly Right of Way
line of Boston Avenue and with a curve to the left having a radius of 15.00 feet, a
central angle of 90°04'49", a chord distance of 21.23 feet, and a chord bearing of S
46°47'32" W, to a set 1/2" rod with cap (RPLS 4460) for a corner of this tract;
THENCE S 01045'08" W, 6.16 feet to a set 1/2" rod with cap (RPLS 4460) for a
corner of this tract;
THENCE S 01054'10" W, 18.72 feet to a set 1/2" rod with cap (RPI-S 4460) for a
corner of this tract;
THENCE S 10005'57" E, 75.22 feet to the PLACE of BEGINNING.
Reservations From Conveyance:
For the City and the City's heirs, successors, and assigns, in common with Raiderpark
and Raiderpark's heirs, successors, and assigns, a reservation of an exclusive,
permanent and perpetual right of way easement for the erection, construction,
reconstruction, operation, maintenance, repair, inspection, removal and replacement
of a sanitary sewer line (the "Sewer Line Easement") and all necessary appurtenances
thereto (the "Facilities") in, on, under, over, and across the over that portion of the
servient estate. The Sewer Line Easement shall be a 10 foot (10') easement running
parallel to the fifteen inch (15") sanitary sewer main, depicted in City of Lubbock
Record Drawing Number 1-D-1003, dated December 12, 2012, and being further
described in attached "Exhibit B," with the center of the sanitary sewer main line
serving as the center of the easement (the "Easement Property"). Additionally, the
Sewer Line Easement includes the right of ingress and egress over that portion of the
servient estate by the City and the City's heirs, successors, and assigns, as is
reasonably necessary for the limited purposes expressed herein. Raiderpark and
Raiderpark's heirs, successors, and assigns, will not erect or construct any building,
structure, or like permanent improvements on the Easement Property so as to interfere
with the intended use thereof by the City. Should any building, structure, or like
Deed Without Warranty Page 2 of 5
permanent improvement be erected or constructed on the Easement Property, it is
understood that the City shall have the right to remove said building, structure, or like
permanent improvement from the premises, at the expense of Raiderpark or
Raiderpark's heirs, successors, and assigns.
There are no liens, attachments, or other encumbrances which will affect the title or
right of Raiderpark to convey this Sewer Line Easement to the City. If such a
condition does exist, a signature with acknowledgement shall be included and made a
part of this Sewer Line Easement that conveys the rights and privileges contained in
this Sewer Line Easement, and subordinating any such lien or encumbrance to this
Sewer Line Easement.
TO HAVE AND TO HOLD the Easement Property unto the City for the
purposes of this Sewer Line Easement. Raiderpark hereby binds itself and its
heirs, executors, administrators, successors, and assigns to warrant and forever
defend this Sewer Line Easement, and the rights granted in this Sewer Line
Easement, unto the City and the City's successors and assigns, against every
person attempting to claim the same or any part thereof, by, through or under
Raiderpark.
Exceptions to Conveyance:
None
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
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 AND/OR IMPROVEMENTS LOCATED THEREON, THE
NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY,
MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF THE
PROPERTY.
Deed Without Warranty Page 3 of 5
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, or any of its officers, employees, elected officials, independent contractors
and/or agents, if any, and/or any other person or party. 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
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 AND/OR IMPROVEMENTS LOCATED THEREON, 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 AND SUBJECT TO THE
RESERVATIONS FROM CONVEYANCE AND EXCEPTIONS TO
CONVEYANCE, 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, WITHOUT WARRANTY, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE. 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.
EXECUTED THIS 16th DAY OF November . 2017.
Deed Without Warranty Page 4 of 5
GRANTOR:
CITY OF LUBBOCK
DANIEL M. POPE, MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
2�L4e2-w
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
R n oke, A sistant City Attorney
STATE OF TEXAS §
COUNTY OF LUBBOCK §
GRANTEE:
RAIDERPARK, LP
CLAYTON ISOM
This instrument was acknowledged before me on this
2017 by Daniel M. Pope, Mayor of the City of Lubbock.
day of
Notary Public, State of Texas
My commission expires:
Deed Without Warranty Page 5 of 5
GRANTOR:
CITY OF LUBBOCK
DANIEL M. POPE, MAYOR
ATTEST:
APPROVED AS TO CONTENT:
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
ty Attorney
STATE OF TEXAS
GRANTEE:
RAIDERPARK, LP
CLAYTON ISOM
COUNTY OF LUBBOCK § .
This instrument was acknowledged before me on this I (g day of ,
2017 by Daniel M. Pope, Mayor of the City of Lubbock.
R" JENNIFER SOWDER CLEMENTS
* * Notary Public, State of Texas
Notary ID# 12497068-3
OF1E�'P0 My Commission Expires 06.28.2020
No ry Public, Sta e of Texa
M commission expires: �l 40zz
Deed Without Warranty Page 5 of 5
GRANTOR:
CITY OF LUBBOCK
DANIEL M. POPE, MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
-�A--Oz W-
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
R n oke, A sistant City Attorney
STATE OF TEXAS
COUNTY OF LUBBOCK §
GRANTEE:
RAIDERPARK, LP
CLAYTON ISOM
This instrument was acknowledged before me on this
2017 by Daniel M. Pope, Mayor of the City of Lubbock.
day of
Notary Public, State of Texas
My commission expires:
Deed W thout Warranty Page 5 of 5
SACJ&
ENGINEERING
SURVEYING
Texas Surveying No. 161153-00
Texas Engineering Firm No. 4368
2737 81 ST STREET LUBBOCK, TEXAS 79423 "Count on it"
(806) 745-7670
Exhibit A
FIELD NOTES on a 2686 square feet tract out of Section 20, Block A, Lubbock County, Texas, which is
part of Boston Avenue adjacent to Tract A, R and N Isom Addition to the City of Lubbock, Lubbock
County, Texas as shown on the Plat of R and N Isom Addition recorded under Lubbock County Clerk File
Number 2010001298 •and being further described by metes and bounds as follows:
BEGINNING at a found 1/2" rod with yellow cap in the West line of Tract A, for the Southeast corner of
this tract from which the Southwest cornea of Tract A by Plat calls bears S 09° 33' 32" E, 109.63 feet and
S 09- 33' 15" E, 107.93 feet;
THENCE S 55°42'44" W(Texas North Central Zone Bearing Basis), 25.86 feet to the Southwest corner of
this tract;
THENCE for this and the following five (5) calls following the edge of a sidewalk, N 10'32'54" W, 14.70
feet to a corner of this tract;
THENCE N 09'11'33" W, 23.56 feet to a corner of this tract;
THENCE N 05°24'46" W, 58.79 feet to a corner of this tract;
THENCE N 01 '41'57" W, 24.69 feet to a corner of this tract;
THENCE N 50° 20' 1'5" E, 12.53 feet to a corner of this tract;
THENCE S 88010'03" E, 27.64 feet to a set 1/2" rod with green cap marked RPLS 4460 for a
Northwesterly corner of Tract A, and the Northeast corner of this tract;
THENCE for this and the following three (3) calls along the Easterly Right of Way line of Boston Avenue
and with a curve to the left having a radius of 15.00 feet, a central angle of 90°04'49", a chord distance of
21.23 feet, and a chord bearing of S 46047'32" W, to a set 1/2" rod with cap (RPLS 4460)for a corner of
this tract;
THENCE S 01 °45'08" W, 6.16 feet to a set 1/2" rod with cap (RPLS 4460) for a corner of this tract;
THENCE S 01'54'10" W, 18.72 feet to a set 1/2" rod with cap (RPLS 4460) for a corner of this tract;
THENCE S 10'05'57" E, 75.22 feet to the PLACE of BEGINNING, containing 2686 square feet.
These notes are based on a survey made
herewith.
November 1, 2017
Jonathan M. Cieszinski, RPLS 4460
ground and shown on a Plat prepared of even date
•y''P�.. L........
J �'. � Viti. r�'Ll'•.r.�
r° �1
`!L !NSKI
1. 146, . ;.
f., fir•
N 50'20'15'
12.;
0
a—
m
10' Sidewalk
3rd Street
Adjacent R—O—W V. 477. P. 216
S 8810'03* E
27.64'
CH BRG-S 46'47'32" W
CH-21.23' R-15.00'
A-90'04'49'
S 01'45'08" w
6,16'
S 01'54'10' W
18.72'
Tract A
R & N Isom Addition
Plat CCFN 2010001298
Legend
p LP
❑ Fd. 1/2•' Iran Rod
si N ® Fd. Rod with Yel!ow Cap
r,
m i7 Cut Crow's Foot in Concrete
fNir ® Set 1/7" Rod with Green Cap
Cut "X" in Concrete
a�
u% 2686 Square
Te Feet ° POe
N 10'32'54' W
14.70'
S hg ati �1
0.1044 Acre Tract 1
S Surveyed by Brer:
Carrol I
Back of Curb April 2011
SACOORDtNAl ES\Lots\A W BLANKENSHIP\R a,d N I,,— Ensemem dwy, ll(IY2017 121b.11 PM, SHARP MX 230ON PCLUL1 17.p<3
Plat of Survey on a
2686 Square Feet Tract out of Section 20, Block
A, Lubbock County, Texas
Surveyor's Report
This Plat is based on a survey made on the
ground September 26, 2017,
Monuments shown as found on this survey were
accepted by this surveyor as controlling evidence
due to substantial agreement with Record
Documents and are not considered as Monuments
of Record Dignity unless so noted.
No Substantial Discrepancies between Record
Documents and conditions as fourd on the ground
were uncovered an this survey unless noted.
This plat was prepared without the benefit of a
Title Commitment. Easements and/or Restrictions
other than those shown may apply.
Bearings are based on the Texas North Central
Zone Coordinate System. NAD 83, 2011, Epoch
2010.0000,
A metes and bounds reflecting this survey
prepared under separate cover.
J.M. CIESZINSKI, R L M 4460
PLAT SHOAN AS SURVEYED ON THE
GROUND
Scale: 1 "=20' November 1, 2017
Surveyed For:
Clayton Isom ABACUSENGI
SURVF;Y]NEP
�
1 2737 81st Street
r rrnomv
ABACJ5 ENGINEERING
SURVEYING
Texas Surveying No. 101153-00
Texas Engineering Firm No. 4368 RE
2737 81 ST STREET LUBBOCK, TEXAS 79423 "Count on it"
(806) 745-7670
Exhibit B
FIELD NOTES on a 1202 square feet tract out of Section 20, Block A, Lubbock County, Texas, which is
part of Boston Avenue adjacent to Tract A, R and N Isom Addition to the City of Lubbock, Lubbock
County, Texas as shown on the Plat of R and N Isom Addition recorded under Lubbock County Clerk File
Number 2010001298 and being further described by metes and bounds as follows:
COMMENCING at a found 1/2" rod with yellow cap in the West line of Tract A, for the Southeast corner of
a 2686 square feet tract from which the Southwest corner of Tract A by Plat calls bears S 09' 33' 32" E,
109.63 feet and S 09° 33' 15" E, 107.93 feet;
THENCE S 55°42'44" W(Texas North Central Zone Bearing Basis), 20.86 feet to the Southeast and
BEGINNING corner of this tract;
THENCE S 55°42'44" W, 5.00 feet to the Southwest corner of this tract;
THENCE N 10'32'54" W, with a Westerly line of the 2686 square feet tract 14.70 feet to a corner of this
tract;
THENCE N 09'11'33" W, with a Westerly line of the 2686 square feet, 13.30 feet to a corner of this tract;
THENCE N 02*27'46" E, 101.33 feet to the Northwest corner of this tract;
THENCE S 88'10'03" E, with the South line of 3rd Street, 10.00 feet to the Northeast corner of this tract;
THENCE S 02°27'46" W, 125.80 feet to the PLACE of BEGINNING, containing
1202 square feet.
These notes are based on a survey made on the ground.
November 9 2017
Jonathan M. Cieszinski, RPLS 4460
FILED AND RECORDED
OF,3F,GIICIAL
PUBLIC RECORDS
l'k
OF4�
Kelly Pinion, County Clerk
Lubbock County TEXyS
11/17/2017 03:69 PM
PEE: $58.00
2017041410
J .MCLEVINS II
• '. 0 4460 Pv;?
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