HomeMy WebLinkAboutResolution - 2018-R0383 - Rocket Partners - 10/25/2018Resolution No. 2018-RO383
Item No. 6.10
October 25, 2018
RESOLUTION
WHEREAS, Rocket Partners I, LLC is the owner of a 4.365 acre tract of land out of
Section 1, Block AK, Lubbock County, Texas (the "Land"); and
WHEREAS, the City of Lubbock, a home -rule municipal corporation, in the State of
Texas, provides Police and Public Safety services to its citizens; and
WHEREAS, the City of Lubbock has adopted a Community Policing philosophy
based on a geographic policing model in order to serve a growing population; and
WHEREAS, the City of Lubbock desires to build a Police Substation (the "Project")
on a portion of the Land in order to increase its Police presence and provide Public Safety
service in South Lubbock; and
WHEREAS, Rocket Partners I, LLC wishes to donate the Land to the City of
Lubbock for the purpose of building the Project; and
WHEREAS, the City Council of the City of Lubbock, as the governing body of the
City of Lubbock, believes that it is in the best interest of the health, safety and welfare of the
citizens of Lubbock to build the Project on a portion of the Land; and
WHEREAS, the City wishes to accept and maintain the Land in order to carry out a
public purpose that benefits the public interest by completing the Project; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF TILE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to accept
for and on behalf of the City of Lubbock, a Special Warranty Deed associated with certain
property in Lubbock County, Texas, owned by Rocket Partners I, LLC, and all related
documents. Said Special 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 City Council;
and
THAT the City Council finds it to be in the best interest of the citizens of the City of
Lubbock in order to expedite the performance of city business, to delegate authority to
execute any necessary or related documents associated with this conveyance to the City
Manager of the City of Lubbock.
Passed by the City Council on _ October 25, 2018
DANIEL M. POPE, AYOR
ATTEST:
APPROVED AS TO CONTENT:
Mark Yearwoo , Assistan City Manager
APPROVED AS TO FORM:
Ry n ooke, A sistant City Attorney
RES.General Warranty Deed - Rocket Partners
10.17.18
File and Return to
Dave Booher R.O.W. 2018041141 6 Pcs DEED
City of Lubbock C t ti--t t, 1111 K M I01ili�l*%W Ht
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS §
6 KNOW ALL PERSONS BY THESE PRESENTS:
10111► Irll •L/7� Illl 11 OIL
SPECIAL WARRANTY DEED
-61
This Special Warranty Deed (this "Deed") is executed and delivered effective as of the day
of October, 2018 (the "Effective Date") by Rocket Partners I, LLC, a Texas limited liability company
("Grantor"), whose address is P.O. Box 64664, Lubbock, Texas 79464, for the benefit of the CITY OF
LUBBOCK ("Grantee"), whose address is 1625-13"' Street, Lubbock, Texas 79401.
In consideration of Ten Dollars ($10.00) and other good and valuable consideration paid to Grantor,
Grantor does hereby GRANT, SELL, AND CONVEY unto Grantee the surface estate of that certain real
property situated in Lubbock County, Texas and described in Exhibit A attached hereto and made a part
hereof for all purposes, together with all improvements and fixtures located thereon, if any (collectively,
the "Pro e ") and, without warranty, all right, title and interest of Grantor, if any, in and to the rights,
privileges, hereditaments, and appurtenances pertaining to the Property.
This conveyance is made and accepted subject to current real property taxes and all unpaid non -
delinquent general and special taxes, bonds and assessments; all zoning ordinances and regulations and any
other laws, ordinances or governmental regulations now or hereinafter applicable to and enforceable against
the Property; and matters visible on the ground or that would be shown on a current survey of the Property;
and any and all conditions and restrictions, outstanding mineral reservations and easements of record, if
any, relating to the Property, to the extent, and only to the extent, that the same may be in full force and
effect and affect the Property (the foregoing collectively, the "Permitted Exceptions").
Grantor, for Grantor and Grantor's successors and assigns, hereby reserves and does not convey to
Grantee all the oil, gas and other minerals in and under and that may be produced from the Property which
have not been heretofore granted to third parties or reserved by predecessors in title (the "Mineral
Reservation").
TO HAVE AND TO HOLD the Property unto Grantee, Grantee's heirs, executors, administrators,
successors, and assigns, and Grantor does hereby bind Grantor and Grantor's successors and assigns to
WARRANT AND FOREVER DEFEND, all and singular, the Property unto Grantee, Grantee's heirs,
executors, administrators, successors, and assigns, against every person whomsoever lawfully claiming, or
to claim the same, or any part thereof, by, through or under Grantor, but not otherwise, subject, however,
to the Permitted Exceptions and the Mineral Reservation.
Ad valorem taxes for the current year having been prorated between the parties hereto, Grantee
hereby assumes liability for the payment thereof for the current year and for subsequent years, and for any
rollback taxes for prior years.
Grantor hereby conveys the Property to Grantee, and by its acceptance hereof Grantee hereby
accepts the Property, in its present condition "AS IS", "WHERE IS", and "WITH ALL FAULTS" and
without any representation or warranty, express or implied (except for the warranty of title above). Grantor
Special Warranter - Page 1
20033208v.1
hereby specifically disclaims any representations, warranties, promises, covenants, agreements or
guaranties of any kind or character whatsoever, whether express or implied, oral, written, past, present, or
future, of, as to, concerning, or with respect to (i) the value, nature, quality, or physical or other condition
of the Property, including, without limitation, the water, soil, and geology, and/or the environmental
condition of the Property, including hazardous materials; (ii) the income to be derived from the Property;
(iii) the water, soil, and geology, the suitability thereof and/or of the Property for any and all activities and
uses which Grantee may elect to conduct; (iv) the compliance of or by the Property or its operations with
any applicable laws or other laws, rules, ordinances, or regulations of any applicable governmental
authority; (v) the habitability, merchantability, marketability, suitability, profitability, developability, or
fitness for a particular purpose of the Property; (vi) the manner or quality of the construction or materials,
if any, incorporated into the Property; (vii) the manner, quality or state of repair of the Property. By its
acceptance hereof, Grantee, on its own behalf and on behalf of anyone claiming by, through or under
Grantee, to the maximum extent permitted by applicable laws, irrevocably and unconditionally WAIVES,
RELEASES, DISCHARGES, AND FOREVER ACQUITS Grantor from any and all claims of any
nature whatsoever known or unknown, suspected or unsuspected, fixed or contingent, which Grantee may
now or hereafter have, own, hold or claim to have, own or hold, or at any time heretofore may have had,
owned, held, or claimed to have, own or hold, against Grantor, relating to the Property, including, without
limitation, the physical condition of the Property, the entitlements for the Property, the environmental
condition of the Property, any hazardous materials that may be on or within the Property and any other
conditions existing, circumstances or events occurring on, in, about or near the Property whether occurring
before, after or on the date hereof.
[SIGNATURE PAGE IMMEDIATELY FOLLOWS]
Special Warranty Deed - Page 2
20033208v.1
EXECUTED effective as of the Effective Date.
GRANTOR:
Rocket Partners I, LLC,
a Texas limited liability company
By:
Nar
Titl
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned, being a Notary Public in and for the State of Texas, on this day
personally appeared Thomas K. Payne, known to me, or proved to the to be the person whose name is
subscribed to the foregoing instrument and acknowledged to lne that he executed the instrument as the act
of Rocket Partners 1, LLC, a Texas limited liability company, and that he executed the instrument on behalf
of the limited liability company for the purposes and consideration expressed, and in the capacity
hereinabove stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Q�Vay of October, 2018.
"V KAREN STEWART
My Notary ID # 5154129
^.r •• • ' Expires February 16, 2020
,f OF ZE•
\`Notary Public, State of Texas
Special Warranty Deed — Signature Page
20033208v.1
EXHIBIT A
DESCRIPTION OF THE PROPERTY
Special Warrant Deed — Exhibit A
20033208v.1
S 88' 14'00" E
55.00' 1
POB
N,7233D22.42 I
'N I I
Viridian Estates
N L _
3 I 140fh Stre�-et—
Dedicated CCFN 2018021372
* S 88'02'16' E 385.o0'
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N 46'51'52" E
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Wcter Line Easement
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4.365 Acres Gross
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3.854 Acres Net
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No Visible Improvements
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Except Road
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Set 1/2" Iron with Green Cap
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® Fd. Nail and Washer
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Right of 'Nay Line
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CCFN Lubbock County Clerk File #
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R—O—W Right of Way
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400.00'
SW Corner Section 1
Block AK
(Record Dignity)
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N 88'02'16' W 455.00'
Tract
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CCFN 2013046960
Surveyor's Report
This Plat is based on o survey made or the ground October 10, 2018
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
found on the ground were uncovered on this survey unless noted.
Bearings and Coordinates are based on the Texas North Central Zone
Coordinate System. (NAD 83, 2011, Epoch 2010.0000). Distances are
Surface Distances. Combined Scale Facto, — 1.0002531 (Grid to Ground).
S NCOORDINATESISECTIONBLOCK\Block A<NSEC I:OP. 1\POL Sne.awg. 10l16/2018 9:22,34 Ana. SHARP MX-23JON PCL6
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Land Title Survey
4.365 Acre Tract (3.854 acre net) out of the SW/4 of
Section 1, Block AK, Lubbock County, Texas
FIELD NOTES on a 4.365 acre tract out of Section 1, Block AK, Lubbock County. Texas, being further described
by metes and bounds as follows:
BEGINNING at a point in the West line of Section 1 for the Southwest corner of the Plat Limits of Tracts B through
J. Viridian Estates and the most Westerly Northwest corner of this tract from which a found nail and washer (Hugo
Reed) in the intersection of 146th Street and Indiana Avenue accepted as the Southwest comer of Section 1,
Block AK bears S 01' 46' 00" W(Texas North Central Zone Bearing Basis), 1640.32 feet;
THENCE S 88'14'00" E, 55.00 feet to a set 112" iron rod with green cap marked RPLS 4460, herein after referred
to as Abacus Cap. for a corner of this tract;
THENCE N 46'51'52" E. 2 1. 18 feet to a set Abacus Cap for a corner of this tract:
THENCE S 88*02*16' E. with the South line of 140th Street, 385.00 feet to a set Abacus Cap for the Nurtheast
comer of this tract:
THENCE S 01 *46'00' W. 420.00 feet to a set Abacus Cap for the Southeast corner of this tract;
THENCE N 88*02'16* W. at 400.00 feel pass a set Abacus Cap, in all 455.00 feet to the Southwest corner of this
tract;
THENCE N 01046'00" E. with the West line of Section 1, a distance of 404.82 feet to the PLACE of BEGINNING
and containing 4.365 acres including any Right of Way.
v,- OEr 9�C
w i,M. CIESZINSKI
........ .....
•i
e• �
I hereby certify that this survey substantially complies with
the current Texas Society of Professional Land Surveyors
Standards and Specifications for a Category IA. Condition 11
Survey.
2j—
Jonathan M. Cies2ikki, RPLS # 4460
October 16, 2018
n
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion Countyy Clerk
Lubboek County TEXRS
10/26/2018 01:62 PM
FEE: gg42.00
2018041141