HomeMy WebLinkAboutResolution - 2001-R0516 - Warranty Deed From Lubbock Land Company For Tract B Remington Park Addition - 12/03/2001Resolution No. 2001—R 0516
December 3, 2001
Item No. 58
RESOLUTION
WHEREAS, Ordinance No. 2001-00009 (the "Ordinance"), passed on second
reading February 8, 2001 by the City Council of the City of Lubbock, provides, among
other things, that the City of Lubbock (the "City"), may take ownership of a stormwater
detention basin in the event the City shall deem ownership advisable; and
WHEREAS, Lubbock Land Company, Two LTD, a Texas limited partnership (the
"Developer"), owns certain lands located in the City of Lubbock, being described as Tract
"B", Remington Park, and being more fully described in the attached General Warranty
Deed (the "Lands"), that it desires to convey to the City pursuant to the Ordinance; and
WHEREAS, the Developer has maintained the property for a period of sufficient
time to satisfy the City Engineer and the City Council of the City of Lubbock that such
property is acceptable for City ownership; and
WHEREAS, the City Council of the City of Lubbock, Texas finds that accepting
the Lands is in the best interest of the citizens of Lubbock.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT it is in the best interest of the citizens of the City of Lubbock that the City
accept ownership of the Lands and that the Mayor of the City of Lubbock be and is
hereby authorized and directed to execute for and on behalf of the City of Lubbock, a
General Warranty Deed from Lubbock Land Company, Two LTD, a Texas limited
partnership, as Grantor, to the City of Lubbock, as Grantee, evidencing the acceptance of
ownership by the City of Lubbock, and any other 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 Council.
Passed by the City Council this 3rd day of December, 2001.
WINDY SITTO MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVEWAS TO CONTENT -
Hertel
City Engineer
APPROVED AS TO ORM:
Richard K. Casner
Natural Resources Attorney
RKC:ke Ccdocs/LubbockLandCoTwoLTD.Res
November 15, 2001
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1 =� Resolution No. 2001—R0516
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GENERAL WARRANTY DEED
Date: November 5 , 2001
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Grantor: LUBBOCK LAND COMPANY, TWO LTD., a Texas limited partnership, acting herein by and
'l� through its General Partner, Lubbock Land Company, a Texas corporation
Grantee: CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas
Grantee's Mailing Address: P. O. Box 2000, Lubbock, Lubbock County, Texas 79457
Consideration:
The fulfillment by Grantor of all standards for acceptance by the City of Lubbock of ownership of a stormwater
detention basin as set forth in City of Lubbock Ordinance No. 2001-00009.
Property (including any improvements):
TRACT "B", REMINGTON PARK, an Addition to the City of Lubbock, Lubbock County, Texas, according
to the Map, Plat and/or Dedication Deed thereof recorded in Volume 5263, Page 106 of the Real Property
Records of Lubbock County, Texas.
Reservations from Conveyance: None
Exceptions to Conveyance and Warranty:
SUBJECT TO any and all conditions and restrictions, outstanding mineral reservations and easements of
record, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the
same may be in full force and effect.
AS A MATERIAL PART OF THE CONSIDERATION FOR THIS CONVEYANCE, THE PARTIES
HERETO DO AGREE THAT GRANTEE IS TAKING THE PROPERTY "AS IS" WITH ANY AND ALL
LATENT AND PATENT DEFECTS AND THAT THERE IS NO WARRANTY BY GRANTOR THAT THE
PROPERTY IS FIT FOR A PARTICULAR PURPOSE. GRANTEE ACKNOWLEDGES THAT GRANTEE
IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION WITH
RESPECT TO THE PROPERTY CONDITION, BUT IS RELYING SOLELY UPON GRANTEE'S
EXAMINATION OF THE PROPERTY. GRANTEE TAKES THE PROPERTY UNDER THE EXPRESS
UNDERSTANDING THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES (EXCEPT FOR THE
WARRANTIES OF TITLE SET FORTH HEREINBELOW).
Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty, grants, gives, 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 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, 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.
ACCEPTED:
SEAL
LUBBOCK LAND COMPANY, TWO LTD.,
a Texas limited partnership
BY: LUBBOCK LAND COMPANY, General Partner
By:
Oe����
Randy N ug auer, President
CITY OF LUBBOCK( ATT ST:
By: V oQ.o Lam,
Windy Sitton, ayor City Secretary
Y41 7388pAGE 94
W
O CONTENT:
1, Ci Engineer
APPROVED AS TO FORM:
By;
Richard Casner, Natural Resources Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned, being a Notary Public in and for the State of Texas, on this day
personally appeared RANDY NEUGEBAUER, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the instrument as the act of LUB13OCK LAND
COMPANY, a Texas corporation, and that he executed the instrument on behalf of the corporation for the
purposes and consideration expressed, and in the capacity hereinabove stated; said corporation acting as
General Partner on behalf of LUBBOCK LAND COMPANY, TWO LTD., a Texas limited partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �'
2001. day of Nuv? vn.6ty
JEANNIE FARRIS
• * Notary Public. State of Texas
°'itrF er M1E+.° My Commission Expires +t-+7zaor Not Public, State of Texas
SEAL
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned, being a Notary Public in and for the State of Texas, on this day
personally appeared WINDY SITTON, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that she executed the instrument as the act of the CITY OF
LUBBOCK, a Home Rule Municipal corporation, on behalf of said corporation, for the purposes and
consideration expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
2001. day of
SEAL
S y U A I i. FR E -v E S
Notary Public, State of Texas
My Commission Expires
'�! •••' pq 23-02
F1LFD FOR RECO^D
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COUNTY CLERK. LUBBOCK COUNTY. TEXAS
Notaq Public, State of Texas
SLATE OF TEXAS
COUNTY OF LUBBOCK
f hereby certify that this instrument was FILED on the
date and at the time stamped hereon by me and was duly
RECORDED in the Volume and Page of the Official Rsal PrOPOq
R9COrde of Lubbock County, Tazas as stamped hereon by milt.
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