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Home My WebLink AboutResolution - 2014-R0185 - General Warranty Deed & Accept Land - Craft Development Corp.- Storm Water Basin - 05_22_2014 (3)RESOLUTION WHEREAS, Articles 30.04 and 38.06 of the Code of Ordinances of the City of Lubbock (the "Ordinances"), provide, among other things, that the City of Lubbock (the "City"), may take ownership of real property as a stone water detention basin in the event the City shall deem ownership advisable; and WHEREAS, Craft Development Corp., a Texas corporation (the "Developer"), owns certain lands, hereinafter described and located in the City of Lubbock (the "Lands") that it desires to convey to the City pursuant to the Ordinances; and WHEREAS, the Developer has maintained the property for a period of sufficient time to satisfy the City Engineer and the City Council of the City of Lubbock that such property is acceptable for City ownership; and WHEREAS, the City Council of the City of Lubbock, Texas finds that accepting the Lands is in the best interest of the citizens of Lubbock. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT it is in the best interest of the citizens of the City of Lubbock that the City accept ownership of the Lands and 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 General Warranty Deed from Craft Development Corp., a Texas corporation, as Grantor, to the City of Lubbock, as Grantee, evidencing the acceptance of ownership by the City of Lubbock as a storm water detention basin, and any other related documents. Said General Warranty Deed is attached hereto and incorporated in this Resolution as it' 11tilly set forth herein and shall be included in the minutes or the Council. Passed by the City Council this 22nd day of May, 2014. '00/� GLEW,MOBTSON, Mayor ATTEST: RebecT Garza, City Secretar APPROVED.AS pC�ONT i T: v "\ ott Snider, Assistant City Manager 41'1'ROVED AST -ORM: A i chell SattcrN-hrtc, Assistant City Attorney Rcs.Craft Dedication Stor113wata Drainage Basin 5.7.14 Resolution No. 2014-RO185 May 22, 2014 Item No. 6.17 f X10111d1_I1-1110 WHEREAS, Articles 30.04 and 38.06 of the Code of Ordinances of the City of Lubbock (the "Ordinances"), provide, among other things, that the City of Lubbock (the "City"), may take ownership of real property as a storm water detention basin in the event the City shall deem ownership advisable; and WHEREAS, Craft Development Corp., a Texas corporation (the "Developer"), owns certain lands, hereinafter described and located in the City of Lubbock (the "Lands") that it desires to convey to the City pursuant to the Ordinances; and WHEREAS, the Developer has maintained the property for a period of sufficient time to satisfy the City Engineer and the City Council of the City of Lubbock that such property is acceptable for City ownership; and WHEREAS, the City Council of the City of Lubbock, Texas finds that accepting the Lands is in the best interest of the citizens of Lubbock. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT it is in the best interest of the citizens of the City of Lubbock that the City accept ownership of the Lands and 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 General Warranty Deed from Craft Development Corp., a Texas corporation, as Grantor, to the City of Lubbock, as Grantee, evidencing the acceptance of ownership by the City of Lubbock as a storm water detention basin, and any other related documents. Said General 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 May, 2014. Ae 'zl GLEWAOBTSON, Mayor TTEST: Rebecct Garza. City Secretar V APPROVE AS C�OnNT T: v v\ cott Snider, Assistant City Manager APPROVED AS Assistant City Attorney Res.Craft Dedication Stormwater Drainage Basin 5.7.14 Counter Elting DFile aTid Retum to ave Booker I.O.W. !ti��i aGPcs City of Lubbock 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 RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED Date: July , 2014. Grantor: CLCL DEVELOPMENT, a general partnership consisting of LUBBOCK CREATIVE LAND DEVELOPMENT, LTD, a Texas limited partnership, and CRAFT DEVELOPMENT DALLAS, LTD, a Texas limited partnership, acting herein by and through its authorized officers, Joe Swan, President and Truett Craft, President, respectively. Grantor's trailing address: 4225 85th Street, Lubbock, Lubbock County, Texas 79423. Grantee: CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas 79457. Grantee's mailing address: P.O. Box 2000, Lubbock, Lubbock County, Texas 79457, Consideration: The fulfillment by Grantor of all standards for acceptance by the City of Lubbock of ownership of a stormwater detention basin as set forth in Articles 30.04 and 38.06 of the Code of Ordinances of the City of Lubbock. Property (including any improvements): TRACT "A", LAKEWOOD ESTATES, to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded in Volume 8629, Page 57 of the Real Property Records of Lubbock County, Texas. Reservations from conveyance: None Exceptions to Conveyance and Warranty: SUBJECT TO any and all conditions and restrictions, outstanding mineral reservations and easements of record, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may be in full force and effect. AS A MATERIAL PART OF THE CONSIDERATION FOR THIS CONVEYANCE, THE PARTIES HERETO DO AGREE THAT GRANTEE IS TAKING THE PROPERTY "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE IS NO WARRANTY BY GRANTOR THAT THE PROPERTY IS FIT FOR A PARTICULAR PURPOSE. GRANTEE ACKNOWLEDGES THAT GRANTEE IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION WITH RESPECT TO Genera[ Warranty Deed-CLCL Development Pg I THE PROPERTY CONDITION, BUT IS RELYING SOLELY UPON GRANTEE'S EXAMINATION OF THE PROPERTY. GRANTEE TAKES THE PROPERTY UNDER THE EXPRESS UNDERSTANDING THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES (EXCEPT FOR THE WARRANTIES OF TITLE SET FORTH HEREINBELOW). Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, gives, 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 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, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. CLCL DEVELOPMENT, a Texas general partnership by an Qug><? jWS'WAN, President Lubbock Creative Land Development, LTD., Partner TRUE CRAFT, President Craft Development Dallas, L D, Partner ACCEPTED: GLE . OB RT ON, Mayor ATTEST: Rebe a Garza, City Seer ary General Warranty Deed-CLCL Development Pg 2 STATE OF TEXAS COUNTY OF LUBBOCK ACKNOWLEDGMENTS J. BEFORE ME, the undersigned being a Notary Public in and for the State of Texas, on this day personally appeared JOE SWAN, as President of Lubbock Creative Land Development, LTD, a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the instrument as the act of CLCL DEVELOPMENT, a Texas general partnership, and that he executed the instrument on behalf of the partnership for the purposes and consideration expressed, and in the capacity hereinabove stated. [SEAL] emy DAVY M. :of RNotary Public, SsCommission Ex2014 STATE OF TEXAS § COUNTY OF LUBBOCK § Notary P lic, State of Texas BEFORE ME, the undersigned being a Notary Public in and for the State of Texas, on this day personally appeared TRUETT CRAFT, as President of Craft Development Dallas, LTD, a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the instrument as the act of CLCL DEVELOPMENT, a Texas general partnership, and that he executed the instrument on behalf of the partnership for the purposes and consideration expressed, and in the capacity hereinabove stated. [SEAL] 16my DAVY M. BOD122014 Notary Public, State Commisssian Expires m eo"3'� Notary PuiAc, State of Texas General Warranty Deed-CLCL Development Pg 3 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 GLEN C. ROBERTSON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the instrument as the act of the CITY OF LUBBOCK, a Home Rule Municipal corporation, on behalf of the corporation, for the purposes and consideration expressed. [SE 7'.� . ` +L P11*' State of Texas „r ; vr.m*sin Exl*9s03-0i•20i6 Notary ublic, State of Texas CELIAWEBS RILED AND RECORDED Y �r. PUBLIC RECORDS • OFFICIAL Kelly Pinion, County Clerk Lubbock County TEXAS July It, 2014 03:29:52 PM FEE: $33.00 General Warranty Deed-CLCL Development Pg 4 2014024987