HomeMy WebLinkAboutResolution - 336 - Special Warranty Deed - LIF Inc. - 510.695 Acres, HE & WT RR Co. Survey - 10_08_1979cl
RESOLUTION
RESOLUTION #336 - 11/8/79
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor is hereby authorized to execute on behalf of the City of
Lubbock a Special Warranty Deed conveying to Lubbock Industrial Foundation Inc.
as Grantee, 510.695 acres of land, more or less, out of the North part of
Section No. 41, Block A, Abstract No. 59, H.E. & W.T. RR. Co. Survey, Lubbock
County, Texas.
day of November 1979.
ZWWTLAY�OR,
-ATTEST:- - ,
--.Evelyn Ga �fga,: City ge ry-Treasurer
APPROVED AS TO FORM:
n C. Ross, Jr., City Attorney
Passed by the City Council this 8th
SPECIAL WARRANTY DEED
STATE OF TEXAS X
COUNTY OF LUBBOCK X
The City of Lubbock, Texas, a municipal corporation ("Grantor"),
for and in consideration of TEN DOLLARS ($10.00) and other sufficient
and valuable consideration to it in hand paid by Lubbock Industrial
Foundation, Inc. ("Grantee"), the receipt and sufficiency of which
consideration is hereby acknowledged, has granted, sold and conveyed
and by these presents does grant, sell and convey unto the said Lubbock
Industrial Foundation, Inc., a Texas non-profit corporation, with
principal office in Lubbock County, Texas, that certain parcel of
land containing 510.695 acres of land, more or less, out of the
North part of Section No. 41, Block A, Abstract No. 59, H.E. & W.T.
RR. Co. Survey, Lubbock County, Texas, and more particularly described
in Exhibit "A" attached hereto and made a part hereof for all purposes,
said tract being all of the land owned by Grantor in said Section 41.
All of the subsurface water, oil, gas and other minerals in
and under and that may be produced from said land are hereby expressly
excepted and excluded from this conveyance.
To the extent the same are valid, subsisting and legally enforce-
able encumbrances on the tracts or parcels of land described on Exhibit
"A" hereto, this conveyance is made and accepted subject to the following;
1. Right -of -Way Easement executed by The Texas Land & Mortgage
Company Limited as Grantor, to South Plains Electric Cooperative,
Incorporated dated November 26, 1945, and recorded in Volume 344,
Page 303, of the Deed Records, Lubbock County, Texas.
2. Right -of -Way Easement executed by The City of Lubbock as
Grantor, to West Texas Gas Company dated October 10, 1951, and recorded
in Volume 451, Page 475, Deed Records, Lubbock County, Texas.
3. Right -of -Way Easement executed by the City of Lubbock as
Grantor, to Southwestern Public Service as Grantee, dated December 22 ,
1949.
This conveyance is subject to the following additional reservations:
(a) Grantor reserves an easement sixty (60) feet in width
(being thirty (30) feet on each side of the center line of each of
the presently existing underground water pipelines) running to and
from the existing water wells located on the property described on
.Exhibit "A" hereto, together with a tract of land not to exceed
forty (40) feet by forty (40) feet when such well sites are located
adjacent to a public right-of-way or easement, or sixty.(60) feet
by sixty (60) feet when such well is not located at the end of a
water pipeline and is not adjacent to a public right-of-way or easement,
(in a rectangular configuration) around each of said water wells for
the purpose of ingress and egress to operate, maintain and/or reconstruct
any portion or all of Grantor's water supply facilities (including,
but not limited to the electric supply lines along said easements) -
located on the property described on Exhibit "A" hereto. Grantor
agrees that it will, upon the written request of Grantee, or its
successors or assigns, relocate any of Grantor's water wells or
water pipelines to a new location to be designated by Grantee, its
successors and assigns, on the property described on Exhibit "A"
hereto, provided such relocation is done at no cost to Grantor.
The easement covering any well and water pipeline will be released
by Grantor at Grantee's request upon the relocation of such well
or water pipeline or upon the permanent discontinuance of the use
of such water well or water pipeline by Grantor and a new easement
covering any such new water well or water pipeline will be granted.
(b) Grantor reserves an aviation easement which shall cover
all air space higher than two hundred and fifty feet above the
surface of the property described in Exhibit "A" hereto. By the
acceptance of this conveyance, Grantee, its successors and assigns,
waive any and all damages recoverable from Grantor caused by normal
levels of noise, vibration, dust, smoke and fumes arising out of
or by virtue of the flight within the above described aviation ease-
ment of aircraft landing at or taking off from the Lubbock International
Airport as presently existing or as it may be hereafter expanded.
No improvements may be constructed which extend into the airspace
reserved above. Grantee, its successors and assigns by the acceptance
of this conveyance, further agrees to refrain from any use of the
land described on Exhibit "A" hereto, which would result in electronic
interference with aircraft navigation or communications.
This conveyance is subject to the condition that if, after
the expiration of thirty six (36) months from the date of execution
of this Deed, the Grantee hereunder (or its successors or assigns)
shall not have begun, or caused to be begun in good faith the con-
struction of a manufacturing facility upon the property described
in Exhibit "A" attached hereto the Grantor shall have the option
to reacquire said property or any part thereof upon payment of
$495 per acre for each acre of land repurchased. The option to
Grantee shall terminate in its entirety if not exercised within six
(6) months from the expiration of the thirty six (36) month period
provided above. Upon any exercise of this option by Grantor, Grantee
shall reconvey the property being repurchased to the Grantor, free
and clear of all liens and encumbrances.
Grantor and Grantee acknowledge that this conveyance is being
made pursuant to the terms and provisions of that certain "Lease and
Sales Option Contract" dated June 13, 1968, between Grantor and
Grantee. Grantor and Grantee agree, for the consideration herein -
above expressed, that the terms and conditions of, and the rights
reserved to Grantor under said "Lease and Sales Option Contract"
shall terminate and be of no further force and effect after the date
hereof except as specifically contained in this Special Warranty
Deed, insofar as they apply to or affect the property described on
Exhibit "A" hereto.
TO HAVE AND TO HOLD the above described premises together with
all and singular the rights and appurtenances thereunto in anywise
belonging, but subject to the reservations and exceptions appearing
hereinabove, unto the said Lubbock Industrial Foundation, Inc., its
successors and assigns forever, and The City of Lubbock, Texas does
hereby bind itself, its successors and assigns to warrant and forever
defend said premises unto the said Lubbock Industrial Foundation, Inc.,
its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through and
under Grantor, but not otherwise.
W m4di�=
and the seal of said corporation this
day of , 1979.
THE CITY OF LUBBOCK
ATTEST:
BY: I r0l. h t-n A
)l Ek- I
ry Mayor
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THE STATE OF TEXAS X
COUNTY OF LUBBOCK X
BEFORE ME, the undersigned authority, a Notary Public, in and
for sa d county and state, on this day personally appeared
t; W25-� , Mayor of the City of Lubbock, Texas,
Known tome to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the
act and deed of said City of Lubbock, Texas, for the purposes and
consideration therein expressed, and in the capacity therein stated.
` -GIVEN UNDER MY HAND AND SEAL OF OFFICE, this \-Z�day of
1979.
NotryPblic in dnd for Lubbock
County, Texas
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