HomeMy WebLinkAboutResolution - 2010-R0415 - Deed For Lot 10 From Market Lubbock Economic Development Corp. - 08/26/2010Resolution No. 2010-RO415
August 26, 2010
Item No. 6.6
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
accept for and on behalf of the City of Lubbock a Deed for Lot 10, Lubbock Business
Park from Market Lubbock Economic Development Corporation. Said 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 on _ August 26 , 2010.
TOM MARTIN, MAYOR
ATTEST:
Retie ca Garza, City Secreta
A4 --
ED AS TO CONTENT:
on, Assistant City Manager
Development Services
APPROVED AS TO FORM:
Linda L. Chamales,
Economic Development Attorney
LC: cityatt Linda Res -MLI Deed Lot 10
August 11, 2010
SERVICE TITLE COMPANY
` File and Retu�-tt�
Dave Boohe'r R.O.W.
of Lubbock
GF#08064 Resolution No. 2010-RO415
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.
SPECIAL WARRANTY DEED
Date: August 25, 2010
Grantor: MARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION, a Texas
not-for-profit corporation
Grantor's Mailing Address (including county):
1500 Broadway, 6th Floor
Lubbock, Lubbock County, Texas 79401
Grantee: CITY OF LUBBOCK, a Home Rule Municipal Corporation
Grantee's Mailing Address (including county):
P. O. Box 2000
Lubbock. Lubbock County, Texas 79408
Consideration: Ten and No/ 100 Dollar ($10.00) and other good and valuable consideration
Property (including any improvements):
The SURFACE ONLY to all of Lot Ten (10), Lubbock Business Park, an Addition to the
City of Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication deed
thereof recorded in Document No. 2010028262 of the Official Public Records of Lubbock
County, Texas.
Exceptions from Conveyance:
This conveyance is subject to all effective covenants, conditions, restrictions, mineral
reservations, oil, gas and mineral leases, rights-of-way and easements of record in the records of the
County Clerk of Lubbock County, Texas, and all of those visible or apparent upon the ground, and in
use.
This conveyance is subject to the Surface Use Agreement in that certain Special Warranty
Deed from Lubbock Economic Development Alliance. Inc. d/b/a LEDA to Grantee, dated August 25,
2010, which states: With the exception of any existing oil, gas, or mineral leases, the Grantor, for
the same consideration enumerated herein, agrees that no well or other edifice shall ever be placed,
drilled, or otherwise installed upon the surface of the Property, without prejudice, however, to
Special Warranty Deed - Page 1
Grantor's retained mineral estate interest, which includes the right to drill wells directionally for oil,
gas or other minerals below the surface of the Property regardless of where the directionally drilled
wells, if any, shall be bottomed, the right to execute unitization agreements permitting the Property
to be unitized with other lands upon which wells have been drilled for salt water or other minerals
and substances into the subsurface of the Property in such manner as not to harm the surface of the
Property; provided further, Grantor agrees that no oil, gas, or minerals shall be harvested from the
surface of the Property. This Surface Use Agreement is a covenant running with the land and shall
be binding on Grantor, Grantor's successors, and Grantor's assigns.
THIS CONVEYANCE IS AN ARMS -LENGTH CONVEYANCE BETWEEN THE
PARTIES. THE CONVEYANCE WAS BARGAINED ON THE BASIS OF AN AS IS,
WHERE IS TRANSACTION AND REFLECTS THE AGREEMENT OF THE PARTIES
THAT THERE ARE NO REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR
IMPLIED WARRANTIES, EXCEPT FOR THE SPECIAL WARRANTY OF TITLE TO
THE REAL PROPERTY STATED IN THIS DEED.
EXCEPT FOR THE SPECIAL WARRANTY OF TITLE TO THE REAL PROPERTY
STATED IN THIS DEED, THE PROPERTY IS CONVEYED TO GRANTEE IN AN AS
IS, WHERE IS CONDITION, WITH ALL FAULTS. ALL WARRANTIES ARE
DISCLAIMED, EXCEPT THE SPECIAL WARRANTY OF TITLE TO THE REAL
PROPERTY IN THIS DEED.
GRANTEE SPECIFICALLY ACKNOWLEDGES THAT BY ACQUIRING THE
PROPERTY, GRANTEE IS NOT RELYING ON ANY REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FROM
GRANTOR.
Grantor, for the Consideration and subject to the Exceptions from Conveyance and the
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 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 Exceptions from Conveyance and the Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural.
MARKET LUBBOCK ECONOMIC DEVELOPMENT
CORPORATION, a Texas not-for-profit corporation
By:
)Os orne, its Chief Executive Officer
reident
Special Warranty Deed - Page 2
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on the 25`h day of August, 2010, by John
Osborne, Chief Executive Officer and President of Market Lubbock Economic Development
Corporation, a Texas non-profit corporation on behalf of the corporation.
LINDA M. DAVIS
oijbI ;, Slate of Texas
Ate ui ,. m iwn Expires 0405-2013
FILED AND RECORDED
`S OF f,
`�•i ryf
PUBLIC RECORDS
OFFICIAL
CSF
Kelly Pinion, County Clerk
Lubbock County TEXAS
October 12, 2010 04:22:47 PM
FEE: $24.00
Special Warranty Deed - Page 3
NOTARY PUBLIC, STATE OF TEXAS
2010033888