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HomeMy WebLinkAboutResolution - 2019-R0283 - X-Fab General Warranty Deed - 08_27_2019Resolution No. 2019-R0283 Item No. 6.16 August 27, 2019 RESOLUTION WHEREAS, the City of Lubbock, Texas (the "City") owns and operates the Berl Huffman Athletic Complex, which provides the citizens of Lubbock the opportunity to participate and compete in various team sports, such as softball and soccer; and WHEREAS, the City Council of the City of Lubbock (the "City Council") recognizes the importance of such athletic complexes in providing entertainment, sporting and economic development opportunities throughout the City; and WHEREAS, the City Council finds that the Berl Huffman Athletic Complex is in need of improvement and expansion in order to meet the demand in the City for team sport facilities and out of town tournaments(the "Project"); and WHEREAS, X-FAB Texas, Inc. owns certain real property in Lubbock, Texas immediately adjacent to the Berl Huffman Athletic Complex (the"Land"); and WHEREAS, on December 17, 2018, X-FAB Texas, Inc. donated a portion of the Land to the City of Lubbock for the purpose of building the Project, Resolution No. 2018-R0449; and WHEREAS, X-FAB Texas, Inc. now desires to donate an additional portion of the Land to the City of Lubbock for the purpose of completing the project; and WHEREAS, the City Council of the City of Lubbock, as the governing body of the City of Lubbock, believes that it is in the best interest of the health, safety and welfare of the citizens of Lubbock to build the Project on a portion of the Land; and WHEREAS, the City wishes to accept and maintain the Land in order to carry out a public purpose that benefits the public interest by completing the Project; NOW THEREFORE: 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 in Lubbock County, Texas, owned by X-FAB Texas, Inc., 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. Passed by the City Council on August 27, 2019 DANIEL M. POPE, MAYOR ATTEST: Q'A u'v Rebe ca aria, City Secretary 0 APPROVED AS TO CONTENT: Brooke Witcher, Assistant City Manager APPROVED AS TO FORM: R n B oke, A sistant City Attorney RES.General Warranty Deed—X Fab'texas, Inc.(2) 8.9.19 to UU>odt - At Resolution No. 2019-R0283 " '** 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 , 2019 GRANTOR: X-FAB Texas, Inc. GRANTOR'S MAILING ADDRESS: 2301 N. University Avenue Lubbock, Lubbock County, Texas 79415 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): The property that is the subject of this General Warranty Deed is commonly described as a 0.767-acre tract of land situated in Tract A, Texas Instruments Addition, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 1363, Page 977 of the Deed Records of Lubbock County, Texas (the "Property"), and being further described in "Exhibit A" attached hereto, together with improvements to the Property (the "Improvements"), and the personal property and fixtures associated with the Property (the "Personal Property"). RESERVATIONS FROM CONVEYANCE: None EXCEPTIONS TO CONVEYANCE AND WARRANTY: None General Warranty Deed - X-FAB Texas, Inc. to City of Lubbock (2) | 1 GENERAL 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 H NTOR: Name: Signature Name: Printed Date ACKNOWLEDGMENTS FOR GRANTOR STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on this 12 day of 4jKqijLA , 2019, by Cd -Pa6 CQ6 c> AMY HYMEL Notary Pub ' , State of Texas Notary ID#1 30325735 My commission expires:My Commission Expires Z ear August 7, 2023 General Warranty Deed—X-FAB Texas,Inc.to City of Luhhock(2)12 EXHIBIT A PARKHILLSMITH&COOPER 4222 85th Street I.T Lubbock,Texas 79423 806,473.2200 A 0.767-ACRE TRACT IN TRACT A, TEXAS INSTRUMENTS ADDITION, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS A 0.767-acre tract of land situated in Tract A, Texas Instruments Addition, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 1363, Page 977 of the Deed Records of Lubbock County, Texas, said 0.767- acre tract being further described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453"found in the west line of said Tract A,at the northwest corner of an 8.871-acre tract conveyed to the City of Lubbock, described in a general warranty deed recorded in County Clerk's File Number 2019000166 of the Official Public Records of Lubbock County, Texas, for the southwest corner of this tract, said beginning point having coordinates of NORTHING: 7,290,020.84 and EASTING: 939,549.84, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence a 2-inch iron pipe found at the southwest corner of said Tract A bears South 01 degrees 50 minutes 18 seconds West a distance of 749.64 feet; 1) THENCE North 01 degrees 50 minutes 18 seconds East, along the west line of said Tract A, a distance of 35.07 feet to a 112-inch iron rod with a plastic cap marked "PSC RPLS 6453" set for the northwest corner of this tract, whence a 2-inch iron pipe found at a point of intersection in the west line of said Tract A bears North 01 degrees 50 minutes 18 seconds East a distance of 1535.75 feet; 2) THENCE southeasterly, along a curve to the left, an arc distance of 53.09 feet, said curve having a radius of 450.00 feet, a delta angle of 06 degrees 45 minutes 37 seconds, a chord bearing of South 59 degrees 12 minutes 53 seconds East, and a chord distance of 543.06 feet to a 112-inch iron rod with a plastic cap marked "PSC RPLS 6453" set at a point of tangency for a corner of this tract; 3) THENCE South 62 degrees 35 minutes 41 seconds East a distance of 321.34 feet to a 1/2- inch iron rod with a plastic cap marked "PSC RPLS 6453"set at a point of curvature for a corner of this tract; 4) THENCE southeasterly, along a curve to the right, an arc distance of 74.81 feet, said curve having a radius of 800.00 feet, a delta angle of 05 degrees 21 minutes 29 seconds, a chord bearing of South 59 degrees 54 minutes 56 seconds East, and a chord distance of 74.79 feet to a 112-inch iron rod with a plastic cap marked "PSC RPLS 6453" set at a point of intersection for a corner of this tract; Texas Registered Surveying Firm#10194091 Page 1 of 3 5)THENCE North 85 degrees 06 minutes 00 seconds East a distance of 8.29 feet to a 112-inch iron rod with a plastic cap marked "PSC RPLS 6453"set at a point of intersection for a corner of this tract; 6)THENCE South 55 degrees 34 minutes 29 seconds East a distance of 33.28 feet to a 112-inch iron rod with a plastic cap marked "PSC RPLS 6453" set at a point of intersection for a corner of this tract; 7) THENCE South 36 degrees 30 minutes 54 seconds East a distance of 17.10 feet to a 112-inch iron rod with a plastic cap marked "PSC RPLS 6453" set at a point of intersection for a corner of this tract; 8) THENCE southeasterly, along a curve to the right, an arc distance of 478.84 feet, said curve having a radius of 800.00 feet, a delta angle of 34 degrees 17 minutes 40 seconds, a chord bearing of South 36 degrees 05 minutes 19 seconds East, and a chord distance of 471.72 feet to a 112-inch iron rod with a plastic cap marked"PSC RPLS 6453" set at a point of intersection for a corner of this tract; 9) THENCE South 49 degrees 18 minutes 36 seconds East a distance of 9.83 feet to a 112-inch iron rod with a plastic cap marked "PSC RPLS 6453" set at a point of intersection for a corner of this tract; 10) THENCE South 16 degrees 43 minutes 41 seconds East a distance of 45.11 feet to a 1/2- inch iron rod with a plastic cap marked"PSC RPLS 6453"set at a point of intersection for a corner of this tract; 11) THENCE South 16 degrees 01 minutes 33 seconds West a distance of 9.78 feet to a 112- inch iron rod with a plastic cap marked"PSC RPLS 6453"set at a point of intersection for a corner of this tract; 12) THENCE southeasterly, along a curve to the right, an arc distance of 71.38 feet, said curve having a radius of 800.00 feet, a delta angle of 05 degrees 06 minutes 43 seconds, a chord bearing of South 11 degrees 58 minutes 18 seconds East, and a chord distance of 71.35 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set at a point of intersection in the south line of said Tract A and the north right-of-way line of North Loop 289, described in a right-of-way dedication recorded in Volume 688, Page 373 and Volume 690, Page 37 of the Deed Records of Lubbock County, Texas, for the southeast corner of this tract, whence a square concrete obelisk found at a point of intersection in the north right-of-way line of said North Loop 289 bears North 75 degrees 10 minutes 01 seconds East a distance of 81.70 feet; 13) THENCE South 75 degrees 10 minutes 01 seconds West, along the south line of said Tract A and the north right-of-way fine of said North Loop 289, a distance of 30.14 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453"found at the southeast corner of said 8.871- acre tract for the southwest corner of this tract, said southwest corner having coordinates of NORTHING: 7,289,293.94 and FASTING: 940,273.53, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983, whence a 2-inch iron pipe with an aluminum cap found at a point of intersection in the south line of said Tract A bears South 75 degrees 10 minutes 01 seconds West a distance of 154.26 feet; Page 2 of 3 14) THENCE northwesterly, along the north line of said 8.871-acre tract and a curve to the left, an arc distance of 717.52 feet, said curve having a radius of 770.00 feet, a delta angle of 53 minutes 23 minutes 26 seconds, a chord bearing of North 35 degrees 53 minutes 58 seconds West and a chord distance of 691.84 feet to a 112-inch iron rod with a plastic cap marked "PSC RPLS 6453"found at a point of tangency for a corner of this tract; 15)THENCE North 62 degrees 35 minutes 41 seconds West, along the north line of said 8.871- acre tract, a distance of 321.34 feet to a 112-inch iron rod with a plastic cap marked "PSC RPLS 6453"found at a point of curvature for a corner of this tract; 16)THENCE northwesterly, along the north line of said 8.871-acre tract and a curve to the right, an arc distance of 37.88 feet, said curve having a radius of 480.00 feet, a delta angle of 04 degrees 31 minutes 16 seconds, a chord bearing of North 60 degrees 20 minutes 03 seconds West, and a chord distance of 37.87 feet to the POINT OF BEGINNING. Bearings and coordinates called in this description are based on the Texas Coordinate System, North Central Zone 4202, North American Datum of 1983. Distances called in this description are at surface.Areas reported heron are based on calculations made from surface distances. This description was prepared from an actual survey of the property and the information hereon represents the findings of this survey to the best of my k and belief. je OF Surveyed May 30, 2019y ParhF- S` 'Na} Q FoN O(D As SANUELRq 6483 FSSt U SU Samuel Wyatt, R. L.S. 6453 Page 3 of 3 W6 8 it O w333w LL!' 1IM 7rt $o F O U 0 y ME it0 W y U$ 4 JQ? 7n m AR Wsg a g owe Z V C 4 yy LL LLI LL O E Fes- R ck LU QW UJ 0 Z w zr=-mow S g 4 4 4 cc Y a n u c 9 x$ u wUxzO W i" Hy os w k n lL 0 @ 0mawg qy 3E n m N ;Ea a C-)a c 3 Ae z a o 5 m y ` n h I w eAn o-I SVj UZ ha rY Go nd II II W II II II 0 0 II II X X 1 4-rDUU 001 tz O nzxW 3N gs 1lh' ,3 m a N 3 y 3 1 4 n 2' pOe UU ty i. OQhUU bII I I z; 3 11 U— 87.05.105) 7—/t I h^ JU q I i FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion County Clerk Lubbock County TEXyS 09/05/2019 01:68 PM FEE: g46.00 2019 34795 2020044520 5 RGS DEED Cau ��tti+ 1111 R& NMI% WD 41114,11W 1410111111 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. CORRECTION INSTRUMENT: GENERAL WARRANTY DEED DATE: 12th day of August 2019 GRANTOR: X-FAB Texas, Inc. GRANTOR'S MAILING ADDRESS: 2301 N. University Avenue Lubbock, Lubbock County, Texas 79415 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): The property that is the subject of this General Warranty Deed is commonly described as a 0.7669 acre tract of land being a portion of Tract "A", Texas Instruments Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 1363, Page 977, Deed Records of Lubbock County, Texas (the "Property"), and being further described in "Exhibit A" attached hereto, together with improvements to the Property (the "Improvements"), and the personal property and fixtures associated with the Property (the "Personal Property"). RESERVATIONS FROM CONVEYANCE: None EXCEPTIONS TO CONVEYANCE AND WARRANTY: None Correction Instrument General Warranty Deed — X-FAB Texas, Inc. to City of Lubbock (2) 11 GENERAL 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, This deed is made as a correction deed in substitution of the deed titled "General Warranty Deed" ("Corrected Deed") dated August 12, 2019, and recorded as County Clerk File Number 2019034795 in the Official Property Records of Lubbock County, Texas, to correct the following incorrect information: The legal description of the subject property, and the signatures of duly authorized representatives of the Grantor and Grantee with proper acknowledgements. Other than the stated correction, this deed is intended to restate in all respects the Corrected Deed, and the effective date of this correction deed relates back to the effective date of the Corrected Deed. SIGNATURES FOR THE GRANTOR: X-FAB T ,AS, INC., a Texas corporation By: L oycf cwcazil, Presider FOR THE GRANTEE: CITY OF LUBB K, a Texas home rule Municipal Corporation By: Daniel M. Pope, Mayor Correction Instrument General Warranty Deed— X-FAB Texas, Inc. to City or Lubbock (2) 1 2 ACKNOWLEDGMENTS FOR GRANTOR STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the W day of Qe fo b e. 2020, by Lloyd L. Whetzel, President/CEO of X-FAB TEXAS, INC., a Texas corporation, on behalf of said corporation. RAFAEL AGUILERA P Notary ID #132285016 My Commission Expires 0acemiser 17, 2023 STATE OF TEXAS COUNTY OF LUBBOCK Roll k4 q5� Notary Public, 8fate of Texas My commission expires: lz 1'7 2oz, FOR GRANTEE This instrument was acknowledged before me on the S day of %t,� §-' 2020, by Daniel M. Pope, Mayor of the City of Lubbock., a Texas home rule Municipal Corporation, on behalf of said Municipal Cornoration. EM YEotary Pub ic, State of Texasf Taxas My commission expires: I — 1�111 "53�0 11.20-2022 Correction Instrument General Warranty Deed—X-FAB Texas, Inc, to City of Lubbock (2) 1 3 EXHIBIT A ....... ......... ......... 14WRAN HUGO REEO AND ASSOCIATES, INC. 1601 AVENUE N J LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS METES AND BOUNDS DESCRIPTION of the plat limits of an 0.7669 acre tract of land being a portion of Tract "A", Texas Instruments Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 1363, Page 977, Deed Records of Lubbock County, Texas (DRLCT), also being that same property as that 0.767 acre tract described in General Warranty Deed recorded in County Clerk File Number (CCFN) 2019034795, Official Property records of Lubbock County, Texas (OPRLCT), said 0.7669 acre tract being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "HUGO REED ASSOC" set in the West line of said Tract "A", at the Northwest comer of that 8.871 acre tract described in General Warranty Deed recorded CCFN 2019000166, and the Southwest corner of said 0.767 acre tract, for the Southwest corner of this tract which bears N. 01 "47'42" E. a distance of 750.01 feet from a 2" iron pipe found at the original Southwest corner of said Tract "A" , THENCE N. 01 047'42" E., along the East Line of said Tract "A" and the West line of said 0.767 acre tract a distance of 35.12 feet to a 1/2" iron rod with cap marked "PSC RPLS 6453" found at the Northwest corner of said 0.767 acre tract and the Northwest corner of this tract; THENCE Southeasterly, along a North line of said 0.767 acre tract, along a curve to the left, said curve having a radius of 450.00 feet, a central angle of 06051'49", a chord bearing of S. 59009'53" E., a chord distance of 53.88 feet to a 1/2" iron rod with cap marked "PSC RPLS 6453" found at a point of tangency; THENCE S. 62035'41" E., continuing along a North line of said 0.767 acre tract a distance of 321.32 feet to a 1/2" iron rod with cap marked "PSC RPLS 6453" found at a point of curvature; THENCE Southeasterly, continuing along a North line of said 0.767 acre tract, along a curve to the right, said curve having a radius of 800.00 feet, a central angle of 05°21'30", a chord bearing of S. 59054'56" E., a chord distance of 74.79 feet to a 1/2" iron rod with cap marked "PSC RPLS 6453" found at a point of intersection; THENCE N. 85006'00" E., continuing along a North line of said 0.767 acre tract a distance of 8.29 feet to a 1/2" iron rod with cap marked "PSC RPLS 6453" found at a point of intersection; THENCE S. 55034'29" E., continuing along a North line of said 0.767 acre tract a distance of 33.28 feet to a 1/2" iron rod with cap marked "PSC RPLS 6453" found at a point of intersection; THENCE S. 36°30'54" E., continuing along a Northeast line of said 0.767 acre tract a distance of 17.10 feet to a 1/2" iron rod with cap marked "PSC RPLS 6453" found at a point of intersection; THENCE Southeasterly, continuing along a Northeast line of said 0.767 acre tract, along a curve to the right, said curve having a radius of 800.00 feet, a central angle of 34017'38", a chord bearing of S. 36005'19" E., a chord distance of 471.72 feet to a 1/2" iron rod with cap marked "PSC RPLS 6453" found at a point of intersection; THENCE S. 49018'36" E., continuing along a North line of said 0.767 acre tract a distance of 9.83 feet to a 1/2" iron rod with cap marked "PSC RPLS 6453" found at a point of intersection; THENCE S. 16043'41" E., continuing along a North line of said 0.767 acre tract a distance of 45.11 feet to a 1/2" iron rod with cap marked "PSC RPLS 6453" found at a point of intersection; THENCE S. 16001'33" W., continuing along a North line of said 0.767 acre tract a distance of 9.78 feet to a 1/2" iron rod with cap marked "PSC RPLS 6453" found at a point of intersection; THENCE Southeasterly, continuing along a Northeast line of said 0.767 acre tract, along a curve to the right, said curve having a radius of 800.00 feet, a central angle of 05°06'42", a chord bearing of S. 11 °58'18" E., a chord distance of 71.35 feet to a 1/2" iron rod with cap marked "PSC RPLS 6453" found at a point of intersection in the South line of said Tract "A" and the North right-of-way line of North Loop 289 at the most Easterly Southeast corner of said 0.767 acre tract and the most Easterly Southeast corner of this tract; Thence S. 75015'26" W., along the South line of said Tract "A", the South line of said 0.767 acre tract and said right-of-way line a distance of 30.13 feet to a 1/2" iron rod with cap marked "PSC RPLS 6453" found at the Southeast corner of said 8.871 acre tract and the most Westerly Southeast corner of this tract; THENCE Northwesterly, along a Northeast line of said 8.871 acre tract and a Southwest line of said 0.767 acre tract, along a curve to the left, said curve having a radius of 770.00 feet, a central angle of 53°23'16", a chord bearing of N. 35054'05" W., a chord distance of 691.81 feet to a 1/2" iron rod with cap marked "PSC RPLS 6453" found at a point of tangency; THENCE N. 62035'41" W., continuing along a Northeast line of said 8.871 acre tract and a Southwest line of said 0.767 acre tract, a distance of 321.32 feet to a 1/2" iron rod with cap marked "PSC RPLS 6453" found at a point of curvature; THENCE Northwesterly, continuing along a North line of said 8.871 acre tract and the South line of said 0.767 acre tract, along a curve to the right, said curve having a radius of 480.00 feet, a central angle of 04036'44", a chord bearing of N. 60017'25" W., a chord distance of 38.63 feet to the Point of Beginning Bearings relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, (2011, epoch 2010.0). Surveyed on the ground, April 6, 2020 SE OF to-PO`�r Robert A Christopher Registered Professional ROBERTA.CHR q«....5187 Land Surveyor No. 5167 `"p Licensed State Land Surveyor l9�FESS' State of Texas y0 c o FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion County Clark Lubbock Coun{.y TEXAS 10/06/2020 ll:fa AM FEE: $42.00 2020 44520