HomeMy WebLinkAboutResolution - 2022-R0492 - VOID - General Warranty Deed with LISD, Section 5, Block BResolution No. 2022-R0492 **VOID RESOLUTION NO.2022-R0492**
Item No. 5.11 Replaced by Resolution No. 2023-R0032
December 6, 2022
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 General 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 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 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:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Erik Rejino, Assistant City Manager
APPROVED AS TO
Ryan
City Attorney
RES.General Warranty Decd LISD
11.15.22
December 6, 2022
TRAY PAYNE, MAYOR
Carina Reyes
From: Carina Reyes
Sent: Friday, January 13, 2023 10:18 AM
To: Ryan Brooke
Cc: Becky Garza; Courtney Paz
Subject: RE: LISD Land Donation resolution
Thank you, Ryan.
The resolution number that was assigned (Resolution No. 2022-R0492) will be void, and I will replace it with a new
number once it goes back to council.
Carina
From: Ryan Brooke <RBrooke@mail.ci.lubbock.tx.us>
Sent: Friday, January 13, 2023 10:05 AM
To: Carina Reyes <CReyes@mail.ci.lubbock.tx.us>
Cc: Becky Garza <bgarza@mail.ci.lubbock.tx.us>; Courtney Paz <CPaz@mail.ci.lubbock.tx.us>
Subject: LISD Land Donation resolution
Carina,
The attached resolution, approved on December 6, authorizing the Mayor to accept this same tract from LISD via a
general warranty deed needs to be voided. LISD did not use the general warranty deed I produced and instead passed
their own resolution to convey the tract via special warranty deed. I have drafted a new resolution to accept the tract via
the special warranty deed approved by LISD. I think the new resolution will get added to the January 24 agenda.
Thanks,
Ryan
Ryan Brooke
Assistant City Attorney
City of Lubbock, Texas
P.O. Box 2000
Lubbock, Texas 79457
806.775.2222,Office
806.775.3307, Fax
rbrooke@mylubbock.us
The electronic transmission and any attachment(s) constitute confidential information which is intended only for the
named recipient(s) and may be legally privileged. Unless you are the named recipient, you may not use, copy or disclose
the contents of this electronic transmission or any information in the message or attachment(s). If you have received
this communication in error, please contact the sender immediately either via return email or via telephone at
806.775.2222, and delete this electronic transmission.
Bayli Bowles
From: Erik Rejino
Sent: Monday, December 5, 2022 9:30 AM
To: Bayli Bowles
Subject: RE: Missing 12/6 Docs - LISD Warranty Deed
Bayli,
Let's keep this on the agenda. The LISD Board will be considering this item at their meeting later this month which is
scheduled for December 15"
Thanks,
Erik Rejino
Assistant City Manager
City of Lubbock
P.O. Box 2000
1314 Ave K
Lubbock, TX 79457
806.775.2355
806.775.2051(fax)
From: Bayli Bowles <BBowles@mail.ci.lubbock.tx.us>
Sent: Monday, December 5, 2022 9:27 AM
To: Erik Rejino <ERejino@mail.ci.lubbock.tx.us>
Subject: FW: Missing 12/6 Docs - LISD Warranty Deed
Good morning Erik,
I hope you had a good weekend. Should we get this council item pulled from the agenda since we do not have
signatures yet for this warranty deed?
Thank you,
Bayli Bowles
Right of Way Agent
0: (806)775-3061
bbowlescamvlubbock.us
1314 Ave K
1
Lubbock, TX 79401
City of
Lubbock
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From: Carina Reyes <CReyes@mail.ci.lubbock.tx.us>
Sent: Monday, December 5, 2022 8:53 AM
To: Belen Gomez <bgomez@mail.ci.lubbock.tx.us>; Bayli Bowles <BBowles@mail.ci.lubbock.tx.us>
Subject: Missing 12/6 Docs
Good morning,
I'm missing a warranty deed for Section 5, Block B — LISD. This is for tomorrow's meeting. Let me know!
Thanks
Carina Reyes
Management Assistant to the City Secretary
City of Lubbock
1314 Avenue K, 10t" Floor
Lubbock, TX 79401
806-775-2029
806-775-3983(fax)
creyes@mylubbock.us
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confidential information that is legally privileged. The information is intended for the use only of the recipient(s) named above. If you have
received this e-mail in error, please immediately notify us by replying to this e-mail. You are hereby notified that any disclosure, copying,
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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: day of , 2022
GRANTOR: Lubbock Independent School District
GRANTOR'S MAILING ADDRESS:
1628 19th 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:
Ten Dollars ($10.00) and other good and valuable consideration.
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 CONVEYANCE:
None
EXCEPTIONS TO CONVEYANCE AND WARRANTY:
None
General Warranty Deed — LISD to City of Lubbock I 1
GNERAL WARRANTY:
Grantor, for the Consideration and subject to the Reservations 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 to hold it to Grantee and Grantee's heirs,
successors, and assigns forever. 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 Conveyance and the Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural,
SIGNATURES
FOR THE GRANTOR:
Lubbock Independent School District
Printed Name:
Title:
FOR THE GRANTEE:
CITY OF LUBBOCK, a Texas home rule Municipal Corporation
By:
Tray Payne, Mayor
General Warranty Deed — LISD to City of Lubbock 12
ACKNOWLEDGMENTS
FOR GRANTOR
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on the day of 2022,
by for and on behalf of Lubbock
Independent School District, Grantor, on behalf of said corporation.
Notary Public, State of Texas
My commission expires:
FOR GRANTEE
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on the day of 2022,
by Tray Payne, Mayor of the City of Lubbock., a Texas home rule Municipal
Corporation, on behalf of said home rule Municipal Corporation.
Notary Public, State of Texas
My commission expires:
General Warranty Deed — LISD to City of Lubbock 13
PLAT SHOWING BOUNDARY SURVEY OF A 1.315 ACRE TRACT
LOCATED IN
EXHIBIT A SECTION 5, 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. 01"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 oarallel with the South line of said 8.0 acre tract a distance of 118.34 feet to the Point of Beginning.
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Robert A. Christopher S 88'07'47" E118 24'
Registered Professional
Land Surveyor No. 5167
Licensed State Land Surveyor
State of Texas
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Zone. (2011, epoch 2010.0)
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abstract of title or title commitment was provided to this surveyor for this proposed
Z
plat Any record research done by this surveyor was made only for the purpose of
determining the boundary of this property (and as it may relate to adjoining parcels
or rightsof-v2y). Record documents other than those shown on this plat may exist
and encumber this property. This plat does not oonstiiute or imply a complete title
examination and any such title examinations are not the responsibility of this
NOTES:
surveyor.
SCALE: 1"=100'
COPYRIGHT 2022 HUGO REED & ASSOCIATES, INC.
PMRD -Physical Monument of Record Dignity
HUGO REED
0 -Indicates found 5/8" iron rod
AND ASSOCIATES, INC.
-Indicates set 1/2" iron rod with cap marked "HUGO REED & ASSOC."
p -Indicates found 2" iron pipe (PMRD-Vol. 1106 Pg. 221)
LAND SURVEYORS Lueeocl6011 AVENUE
CIVIL ENGINEERS 01
20222249rao/dg
TEXAS LICENSED SURVEYING FIRM10067&W PHONE: 806/76356,12
TEXAS REGISTERED ENGINEERING FIRM F-760 FAX: 806 / 7633891
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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.
8: 0 ACRES M
LUBBOCK INDEPENDENT SCHOOL DISTRICT V j
VOL. 961 PG. 683
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Digital Orthophotography - May 2021