HomeMy WebLinkAboutResolution - 2023-R0032 - Special Warranty Deed with LISD for 1.315 acres in Section 5, Block BResolution No. 2023-R0032
Item No. 6.4
January 24, 2023
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 Special Warranty Deed associated with certain property
which is more or less 1.315-acre tract located in Section 5, Block B, Lubbock County, Texas,
being a portion of that 8.0-acre tract described in Volume 961, Page 683, Deed Records of
Lubbock County, Texas, owned by Lubbock Independent School District, 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 or his designee.
Passed by the City Council on
ATTEST:
Reb cca Garza, City Secre
APPROVED AS TO CONTENT:
Erik Rejino, Assistant City Manager
City Attorney
RES.Sfecial Warranty Deed LISD
1.13.23
January 24, 2023
TRAY PA AYOR
2023005211 8 PGS DEED
mill K PA10% FWA%M R VAN 11111
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.
SPECIAL WARRANTY DEED
DATE: day of ,Lefler _ , 2022
GRANTOR: Lubbock Independent School District
GRANTOR'S MAILING ADDRESS:
1628 19`h Street
Lubbock, Lubbock County, Texas 79401
GRANTEE: City of Lubbock, Texas, a Texas Municipal Corporation
GRANTEE'S MAILING ADDRESS:
P.O. Box 2000
Lubbock, Lubbock County, Texas 79457
CONSIDERATION:
Intergovernmental donation as allowed by Local Government Code 272.001(1).
PROPERTY (including any improvements):
All of that certain tract of land being a parcel which is more or less 1.315-acre tract
located in Section 5, Block B, Lubbock County, Texas, being a portion of that 8.0-
acre tract described in Volume 961, Page 683, Deed Records of Lubbock County,
Texas, and being further described in Exhibit A attached hereto (the "Land"), together
with improvements to the Land (the "Improvements"), and the personal property
associated with the Land (the "Personal Property").
RESERVATIONS FROM & CONDITIONS TO CONVEYANCE:
Grantor is donating the Property to Grantee to carry out a purpose that benefits the
public interest. Grantor hereby grants and conveys the Property to Grantee, its
successors or assigns, for so long as the Property is used for the public purpose of
providing a public parking lot. Thereafter, all Grantee's right, title and interest in the
Property shall revert back to Grantor, its successors and assigns without need for
Special Warranty Deed - LISD to City of Lubbock I 1
judicial or other action by Grantor. The interest conveyed by this instrument is a Fee
Simple Determinable.
EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements, rights -of -way, and prescriptive rights, whether of record or not; all
presently recorded restrictions, reservations, covenants, conditions, oil and gas leases,
mineral severances, and other instruments, other than liens and conveyances, that
affect the property; rights of adjoining owners in any walls and fences situated on a
common boundary, any discrepancies, conflicts, or shortages in area or boundary
lines; any encroachments or overlapping of improvements; taxes for 2022, the
payment of which Grantee assumes; and subsequent assessments for that and prior
years due to change in land usage, ownership, or both, the payment of which Grantee
assumes.
CONVEYANCE AND SPECIAL WARRANTY:
Grantor, for the Consideration and subject to the Reservations from & Conditions to
Conveyance and the Exceptions to Conveyance and Warranty, grants 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 heirs, successors,
and assigns for so long as such Property is used to provide a public parking lot.
Thereafter, all Grantee's right, title, and interest in the Property shall revert back to
Grantor, its successors and assigns without the need for judicial or other action by
Grantor. This interest conveyed by this instrument is a Fee Simple Determinable.
Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend
all and singular the Property to Grantee and Grantee's heirs, successors, and assigns
against every person whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the Reservations from & Conditions to Conveyance and the
Exceptions to Conveyance and Warranty, when the claim is made by, through or under
Grantor, but not otherwise.
Wlten the context requires, singular nouns and pronouns include the plural.
[remainder of tit is page left blank]
Special Warranty Deed - LISD to City of Lubbock 12
SIGNATURES
Lubbock InAffiendent
Dr. Katffy Rollo, S
FOR THE GRANTEE:
CITY OF LUBBOCK, a Texas home rule Municipal Corporation
Tray
ACKNOWLEDGMENTS
FOR GRANTOR
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on the /a day of /1ti 2022,
by Dr. Kathy Rollo, Superintendent for and on behalf of Lubbock Independent School
District, Grantor, on behalf of said district.
E�"�"° STEFANIE PAYNE 0"�A�
Notary Public, State of Texas
Notary ID# 13360874.6 Nota u lic, State Texas
' My CommissionE)Ores02-24.2026 My commission expires:
Special Warranty Deed -• LISD to City of Lubbock 13
FOR GRANTEE
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on theW'day of
by Tray Payne, Mayor of the City of Lubbock., a Texas home rule Municipal arporation,
on behalf of said home rule Municipal Corporation.
�t CARINA REYES
Notary Public, State of Texas
Notary ID# 13331645-5
My Commission Expires 09-07-2025
c C �- v t' - " 1::: �)
Notary Public, State of Wxas
My commission expires:
Special Warranty Deed - LISD to City of Lubbock 14
PLAT SHOWING BOUNDARY SURVEY OF A 1.315 ACRE TRACT
IN
EXHIBIT A SECTI ONC 5,E BLOCK B
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 1.315 acre tract located in Section 5, Block B, Lubbock County, Texas, being a portion of that 8.0 acre tract
described in Volume 961, Page 683, Deed Records of Lubbock County, Texas, said 1.315 acre tract being further described as follows:
BEGINNING at a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set for the Southwest corner of this tract which bears N. 03"52'13" E. a distance
of 35.00 feet from the Southwest corner of said 8.0 acre tract;
THENCE N. 01*52'13" E., along the West line of said 8.0 acre tract a distance of 484.37 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC."set
for the Northwest corner of said 8.0 acre tract and the Northwest corner of this tract;
THENCE S. 88"07'47" E., along the North line of said 8.0 acre tract a distance of 118.24 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC."
set for the Northeast corner of this tract;
THENCE S. 01*51'35" W. a distance of 484.37 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set for the Southeast corner of this tract;
THENCE N. 88'07'47" W., 35.00 feet North of and parallel with the South line of said 8.0 acre tract a distance of 118.34 feet to the Point of Beginning.
Surveyed on the ground,
November 3, 2022
Robert A. Christopher
Registered Professional
Land Surveyor No. 5167
Licensed State Land Surveyor
State of Texas
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NOTES:
SCALE: 1"=100'
PMRD - Physical Monument of Record Dignity
0 -indicates found 5/8" iron rod
-Indicates set 1/2" iron rod with cap marked "HUGO REED & ASSOC."
-Indicates found 2" iron pipe (PMRD-Vol. 1106 Pg. 221)
20222249 rac/dg
7 6 5 4 3M21QF11
L iIIIQa
Bearings are relative to Gnd North. Texas Coordinate Syslcm of 1983. North-Central
Zone, (2011, epoch 2010.0)
No abstract of Gtte or title oommrbnent was provided to this surveyor for this proposed
plat Any record research done by this surveyor was made orgy for the purpose of
determining the boundary of this property (and as it may relate to adjoining paroels
or rights -of -way). Record documents other than those shown on this plat may exist
and encumber this property. This plat does not constitute or imply a complete Otle
examination and any such Ida exarronadons are not the responsibility of this
surveyor.
COPYRIGHT 2022 HUGO REED & ASSOCIATES, INC.
H p ASSOCIATES O REED
LAND SURVEYORS 1601 AVENUE N
CIVIL ENGINEERS LUBBOCK, TEXAS 79401
rEx�sucEnseosunvtsraonraraosreoo PHONE: 806/7635842
N
�Y+FIyrNn rGeneral Warranty Deed Describing a Tract of
C,NYON:UKE'DR Land Within Section 5, Block B
E vo a
ElLJ/ �' t
8.0 ACRES
LUBBOCK INDEPENDENT SCHOOL DISTRICT
VOL 961 PG. 683
r.. ..Tr.1.
Feet
0 150 300 450 600 750
As required by Chapter 2051, Geospatial Data Products of the Government Code, this product is for informational purposes
and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an
on -the -ground survey and represents only the approximate relative location of property boundaries.
City of
Lubbock
TEXAS
Digital Orthophotography - May 2021
Resolution No. 2023-R0032
RESOLUTION
LUBBOCK INDEPENDENT SCHOOL DISTRICT
BOARD OF TRUSTEES
In accordance with Texas Education Code § 11.1541, the Board of Trustees of Lubbock
Independent School District ("LISD") does hereby make the following Resolution regarding the
disposition of District real property;
WHEREAS, LISD owns a 1.315 acre tract located in Section 5, Block B, Lubbock
County, Texas, (the "Land"), which presently has an unrepaired and unusable tennis court, and
which is described by metes and bounds in Exhibit A attached hereto;
WHEREAS, the City of Lubbock (the "City") is in need of the 1.315 acres for parking for
public use;
WHEREAS, LISD wishes to donate to the City the Land on which the unrepaired and
unusable tennis court is located pursuant to LISD Board Policy CDB(LEGAL);
WHEREAS, the District may donate at less than fair market value and without complying
with the notice and bidding requirements, this parcel of land to another political subdivision
because: (1) the Land will be used by the City, the entity to which the Land is being donated, to
carry out a purpose that benefits a public interest of LISD; (2) the donation of the Land is made
under terms that affect and maintain the public purpose for which the donation or sale is made;
and (3) the title and right to possession of the Land will revert to LISD if the City ceases to use
the Land for carrying out the public purpose pursuant to LISD Board Policy CDB(LEGAL) and
Local Government Code §272.001(1);
WHEREAS, the City intends to use the Land to provide parking for use by the public, as
well as for parking for the District for after -school events, and such use carries out a purpose that
benefits the public interest of the donating District;
WHEREAS, the Deed shall state that the land will revert to LISD if the City ceases to use
the land in carrying out the public purpose.
NOW, THEREFORE, BE IT RESOLVED that LISD shall donate to the City the Land
described as a 1.315 acre tract in Section 5, Block B, Lubbock County, which will be used as a
parking lot by the City;
BE IT FURTHER RESOLVED that LISD is donating this Land to the City to carry out a
purpose that benefits the public interest, the Land will be maintained for a public purpose, and, if
the City fails to use the Land for a public purpose, the Land will revert back to LISD.
BE IT FURTHER RESOLVED that the Deed shall state that the Land will revert back to
LISD if the City ceases to use the land in carrying out the public purpose.
BE IT FURTHER RESOLVED that the statements contained in the preamble of this
Resolution are true and correct and adopted as findings of fact and operative provisions hereof,
and that it is in LISD's best interest to donate said Land.
BE IT FURTHER RESOLVED that the L1SD Board of Trustees orders and authorizes
the donation of the Land in accordance with Local Government Code §272.001(1), and orders
and authorizes the Superintendent or Board President to take any and all action to provide notice
of LISD's intent to convey the Land with a reversionary interest by Warranty Deed, and to
prepare, execute, and file all documents necessary to carry out the conveyance of the Land to the
City, but it shall be reserved to the Board President to execute the Deed transferring ownership
of the Land to the City.
This Resolution shall be in effect from and after its passage on the date shown below.
PASSED AND APPROVED by the Lubbock Independent School District Board of
Trustees on this 144d-ay of December 2022.
Z h
Esc-
-T-residenC-B-o—afd-of Trustees
Secretary, Board
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
C-
Kell: y Pinion County Clerk
Lubbock County TEXAS
02/10/2023 03:69 PM
2023005211