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HomeMy WebLinkAboutResolution - 2002-R0527 - Contract Of Sale - Heron Land Company - 12/12/2002Resolution No. 2002—RO528 December 12, 2002 Item No. 28 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Whereas, a Right -of -Way Deed exists in Section 79, Block A, Lubbock County, Texas, being a part of that .293 acre tract of land conveyed by Continental Gin Company to the State of Texas in Right -of -Way Deeds recorded in Volume 1411, Page 185 and Volume 1411, Page 195, Records of Lubbock County, Texas and adjoining that tract of land conveyed to Falcon Steel Company, Inc. of Lubbock, Texas in Warranty Deed recorded in Volume 1678, Page 94, Records of Lubbock County, Texas; Whereas, the land specified is no longer needed for the use of citizens as a road; Whereas, a release of the right-of-way would enable an abutting landowner, Falcon Steel Company, Inc. more efficient use of the land; Whereas, the Texas Department of Transportation has made this request of the City of Lubbock. Whereas, the property description for said right-of-way is attached in Exhibit "A" of this resolution; NOW THEREFORE, BE IT RESOLVED that the City of Lubbock does not interpose any objection for the State to sell and release the said right-of-way to the abutting landowner. Adopted this 12th day of December 0 00002. MAYOR ATTEST: {"to Rebecca Garza, City Secretary' APPROVED AS TO CONTENT: — &�' 6 t�� Ed Bucy, Right -of -Way gent APPROVED AS TO FORM: Linda Chamales, Supervising Attorney gs/ccdocs/Falcon Steel Company.res Nov. 15, 2002 Resolution No. 2002-RO527 December 12, 2002 Item No. 27 CONTRACT OF SALE STATE OF TEXAS § COUNTY OF LUBBOCK § This Contract of Sale (the "Contract") is made by and between Heron Land Company, a Texas corporation (referred to herein as "Seller") and the City of Lubbock, Texas, a Home Rule Municipal Corporation of Lubbock County, Texas (referred to herein as "Buyer"). RECITALS WHEREAS, Seller owns those two (2) certain tracts of land, described on Exhibit "A" and Exhibit `B", respectively, attached hereto and made a part hereof, and located in Lubbock County, Texas (collectively, the "Land"); and WHEREAS, Seller desires to sell to City, and City desires to buy from Seller, the Land, the rights appurtenant to the Land, and the fixtures located on the Land (collectively, the "Property"). ARTICLE I SALE OF PROPERTY For the consideration hereinafter set forth, and upon the terms, conditions and provisions herein contained, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the Property. ARTICLE II PURCHASE PRICE AND EARNEST MONEY 2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the sum of Sixty Four Thousand One Hundred Eight Dollars and No/100 Cents ($64,108.00) (the "Purchase Price"). 2.02 Earnest Money. Buyer shall deposit the sum of One Thousand and No/100 Dollars ($1,000.00), as Earnest Money (herein so called) with Service Title Company, 1502 Texas Avenue, Lubbock, Texas, 79401 (the "Title Company"), as escrow agent, upon execution of this Contract by Seller and Buyer. All interest earned thereon shall become part of the Earnest Money and shall be applied or disposed of in the same manner as the original Earnest Money deposit, as provided in this Contract. If the purchase contemplated hereunder is consummated in accordance with the terms and the provisions hereof, the Earnest Money, together with all interest earned thereon, shall be applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the interest accrued thereon, shall be disposed of by the Title Company as provided in this Contract. ARTICLE III TITLE POLICY 3.01 Title Policy. At Closing, Seller, unless provided otherwise herein, at Seller's sole cost and expense, shall cause a standard Texas Owner Policy of Title Insurance ("Title Policy") to be furnished to Buyer. The Title Policy shall be issued by the Title Company, on behalf of TICOR Title Insurance, in the amount of the Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property, subject only to the following exceptions (collectively, the "Permitted Exceptions"): Shortages in area. (Buyer will pay the premium, being 15% of the Basic Rate of the Title Policy, for this amendment.) 2. Homestead or community property or survivorship rights, if any of any spouse of any insured. 3. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 4. Standby fees, taxes and assessments by any taxing authority for the year 2002, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (The Company insures that standby fees, taxes and assessments by any taxing authority for the 2002 are not yet due and payable.) 5. The following matters and all terms of the documents creating or offering evidence of the matters: A. Any and all interest, whether whole or an undivided portion thereof, in the oil, gas and other minerals in and under the Property, royalty interest, or interest in royalty, which may Contract of Sale: McAlister Park Page 2 of 20 be outstanding in third parties resulting from prior reservation and/or conveyance by predecessors in title, including but not limited to that certain interest described in instrument of record in Volume 251, Page 81 of the Deed Records of Lubbock County, Texas. Title to said interest(s) not checked subsequent to date of aforesaid instrument(s). B. Utility Easement as set forth in that certain instrument dated December 17, 1999 and recorded in Volume 6545, Page 333 of the Real Property Records of Lubbock County, Texas. C. Drainage Easement from Heron Land Company, grantor, to the City of Lubbock, grantee, dated December 17, 1999 and recorded in Volume 6545, Page 336 of the Real Property Records of Lubbock County, Texas. D. Private Drainage Easement as set forth in that certain instrument dated December 17, 1999 and recorded in Volume 6545, Page 339 of the Real Property Records of Lubbock County, Texas. E. Any portion of the Property within the limits or boundaries of any public or private roadway. ARTICLE IV REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS 4.01 Representations and Warranties of Seller. To induce Buyer to enter into this Contract and consummate the sale and purchase of the Property in accordance with the terms and provisions herewith, Seller represents and warrants to Buyer, to the best of Seller's actual knowledge, as of the Effective Date and as of the Closing Date, except where specific reference is made to another date, that: (a) The descriptive information concerning the Property set forth in this Contract is complete, accurate, true and correct. (b) There are no adverse or other parties in possession of the Property or any part thereof, and that no party has been granted any license, lease or other right related to the use or possession of any of the Property, or any part thereof. (c) The Seller has good and marketable fee simple title to the Property, subject only to the Permitted Exceptions. Contract of Sale: McAlister Park Page 3 of 20 (d) The Seller has the full right, power, and authority to sell and convey the Property as provided in this Contract and to carry out Seller's obligations hereunder, and that all requisite actions necessary to authorize Seller to enter into this Contract and to carry out Seller's obligations hereunder have been, or by the Closing, will have been taken. (e) The Seller has not received notice of, and has no other knowledge or information of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Property. (f) The Seller has paid all real estate and personal property taxes, assessments, excises, and levies that are presently due which are against or are related to the Property, or will be due as of the Closing, and the Property will be subject to no liens, other than liens for ad valorem taxes for years subsequent to Closing. (g) All items, if any, delivered to Buyer, are true, correct and complete in all respects and fairly present the information set forth in a manner that is not misleading. (h) Seller has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction, with the sole exception of Hysinger Land Company, to which all costs, fees and expenses related thereto shall be borne solely by Seller. Said costs and expenses shall not exceed four per cent (4%) of the Purchase Price. Seller has not taken any action which would result in any real estate broker commissions or finders fee or other fees payable to any other party with respect to the transactions contemplated in this Contract. 4.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as follows: (a) From the Effective Date until the date of Closing or earlier termination of this Contract, Seller shall: (i) Not enter into any written or oral service contract or other agreement of any kind with respect to, or affecting, the Property that will not be fully performed on or before the Closing or would be binding on Buyer after the date of Closing. (ii) Advise the Buyer promptly of any litigation, arbitration, or administrative hearing concerning or affecting the Property. (iii) Not take, or omit to take, any action that would result in a violation Contract of Sale: McAlister Park Page 4 of 20 of the representations, warranties, covenants, and agreements of Seller. (iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or to the Property, or create, or permit to exist, any lien, encumbrance, or charge thereon. (b) To indemnify and hold Buyer harmless from any and all loss, liability, and expense, including, without limitation, reasonable attorneys' fees, arising, related to or incurred as a result of a breach of the representations, or warranties or covenants of Seller or any liens or claims resulting from labor or materials furnished to the Property under any written or oral contracts arising or entered into prior to Closing. 4.03 Acknowledgments of Buyer. Buyer covenants and agrees that: (i) Examination of Property. BUYER HAS EXAMINED THE PROPERTY TO BUYER'S COMPLETE SATISFACTION AND KNOWS ITS CONDITION. IN PURCHASING THE PROPERTY, BUYER RELIES ONLY ON BUYER'S EXAMINATION AND JUDGMENT, NOT ON THE REPRESENTATION OF SELLER OR ANY OTHER PERSON AS TO VALUE, FUTURE VALUE, CONDITION, SIZE, AGE, USE, ENVIRONMENTAL CONDITION, OR ANY OTHER MATTER. BUYER ACKNOWLEDGES THAT IN SELLING THE PROPERTY, SELLER MAKES NO WARRANTIES OTHER THAN TITLE. (ii) Property Condition. BUYER IS PURCHASING THE PROPERTY ON AN "AS IS" BASIS, WITH ALL FAULTS AND PROBLEMS OF ANY KIND AND NATURE, KNOWN OR UNKNOWN, PATENT OR LATENT, OF A PHYSICAL, ENVIRONMENTAL, OR LEGAL CONCERN, OR OTHERWISE. THE PURCHASE PRICE REFLECTS THE EXISTING CONDITION OF THE PROPERTY AND ANY DAMAGE OR DETRIMENT BUYER MAY SUFFER BY REASON OF THE CONDITION OF THE PROPERTY IS FULLY COMPENSATED FOR BY THE PURCHASE PRICE. THE PROVISIONS OF PARAGRAPHS 4.03 (i) AND 4.03 (ii) WILL SURVIVE THE CLOSING. 4.04 Survival Beyond Closing. The representations, warranties, covenants and agreements of Seller contained in this Contract shall survive the Closing. Contract of Sale: McAlister Park Page 5 of 20 ARTICLE V CONDITIONS PRECEDENT TO PERFORMANCE 5.01 Performance of Seller's Obligations. Buyer is not obligated to perform under this Contract unless, within the designated time periods, at Seller's sole cost and expense (except as herein expressly provided to the contrary), Seller has performed all items required to be so performed or furnished under other sections of this Contract. 5.02 Breach of Seller's Representations, Warranties, Covenants and Agreements. Buyer is not obligated to perform under this Contract unless all representations, warranties, covenants and agreements of Seller contained in this Contract are true and correct, as of the Effective Date and Closing Date, except where specific reference is made to another date. 5.03 Adverse Change. Buyer shall not be obligated to perform under this Contract, if on the date of Closing, any portion of the Property has been condemned, or is the subject of condemnation, eminent domain, or other material proceeding, or the Property, or any part thereof, has been materially or adversely impaired in any manner. 5.04 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive any of the conditions precedent to the performance of Buyer's obligations under this Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying the waived condition precedent. 5.05 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any of the conditions precedent to the performance of Buyer's obligations under this Contract have not been satisfied or waived by the Buyer, the Buyer may, by giving written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest Money shall be immediately returned to Buyer by the Title Company. The Seller shall, on written request from Buyer, promptly issue the instructions necessary to instruct the Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise provided in this Contract, Buyer and Seller shall have no further obligations under this Contract, one to the other. ARTICLE VI CLOSING 6.01 Date and Place of Closing. The Closing shall take place in the offices of the Title Company and shall be accomplished through an escrow to be established with the Title Company, as escrowee. The Closing Date (herein sometimes called), shall be on the earlier to occur of (i) twenty (20) days following the completion of all conditions precedent to Buyer's performance of this Contract as set forth in Article V hereof; or (ii) thirty (30) calendar days from the date of the execution of this Contract by Buyer, or if such date should fall on a holiday, Saturday or Sunday, the first business day following such date. Contract of Sale: McAlister Park Page 6 of 20 6.02 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or the Title Company, at Seller's sole cost and expense, the following items: (i) The Title Policy, in the form specified in Section 3.01; (ii) The Special Warranty Deeds, substantially in the form as attached hereto as Exhibit "C" and Exhibit "D", duly executed by Seller and acknowledged; (iii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. (b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: (i) The sum required by Section 2.01 in the form of check, certified or cashier's check or other readily available funds; (ii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 6.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract, the provisions of this Section 6.03 shall survive the Closing. The following item shall be adjusted or prorated between Seller and Buyer with respect to the Property: (i) Ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur shall be prorated between Seller and Buyer as of the Closing Date. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the Property for the preceding calendar year. If Seller changes or has changed in the past the use of the Property prior to Closing, resulting in the assessment of additional taxes, Seller will pay the additional taxes. 6.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing. 6.05 Costs of Closing. Each party is responsible for paying the legal fees of its counsel, in negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is responsible for paying fees, costs and expenses identified herein as being the responsibility of Seller. Buyer is responsible for paying fees, costs, expenses identified herein as being the responsibility of Buyer. If the responsibility for such costs Contract of Sale: McAlister Park Page 7 of 20 or expenses associated with closing the transaction contemplated by this Contract are not identified herein, such costs or expenses shall be borne by the parties as same are normally assessed by the Title Company in a transaction of this character. ARTICLE VII DEFAULTS AND REMEDIES 7.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of the following events: (i) Any of Seller's warranties or representations contained in this Contract are untrue on the Closing Date; or (ii) Seller fails to meet, comply with or perform any covenant, agreement, condition precedent or obligation on Seller's part required within the time limits and in the manner required in this Contract. (b) Buyer's remedies. If Seller is in default under this Contract, Buyer may, at Buyer's sole option, do any one or more of the following: (i) Terminate this Contract by written notice delivered to Seller on or before the Closing Date, in which event the Buyer shall be entitled to a return of the Earnest Money; (ii) Enforce specific performance of this Contract against Seller, requiring Seller to convey the Property to Buyer subject to no liens, encumbrances, exceptions, and conditions other than those shown on the Title Commitment; and (iii) Seek any other recourse or relief that may be available to Buyer at law or in equity, including bringing a suit for damages. It is expressly agreed and understood that the exercise of any right or remedy by Buyer shall not preclude the concurrent or subsequent exercise of any other right or remedy and all rights and remedies shall be cumulative. (c) Return of Earnest Money Deposit. On the occurrence of any event deemed by Buyer to be a default by Seller under this Contract, in addition to the exercise of rights and remedies set forth in Section 7.01, the Earnest Money, together with the interest thereon, shall be immediately returned to the Buyer by the Title Company. Seller shall, promptly on written request from Buyer, execute and deliver any documents necessary to cause the Title Company to return to Buyer the Earnest Money. Contract of Sale: McAlister Park Page 8 of 20 7.02 Buyer's Default, Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at Closing, the items specified in Section 6.02(b) of this Contract for any reason other than a default by Seller under this Contract or termination of this Contract pursuant to the terms hereof prior to Closing. (b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and exclusive remedy for the default, may terminate this Contract and, following the expiration of five (5) calendar days after Buyer is in receipt of written notice of the default, receive the Earnest Money from the Title Company as liquidated damages. ARTICLE VIII MISCELLANEOUS 8.01 Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, and shall be deemed to be delivered, upon the earlier to occur of (a) actual receipt, and (b) three (3) calendar days after the deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: SELLER: Heron Land Company P.O. Box 1628 Amarillo, Texas 79105-1628 Copies to: For Seller: Hysinger Land Company Route 5, Box 80 Hereford, Texas 79045 Garland Sell Sell and Griffin, P.C. 504 South Polk, Suite 101 Amarillo, Texas 79101-2318 (806) 374-3765 BUYER: Ed Bucy, Right -of -Way Agent City of Lubbock P. O. Box 2000 Lubbock, Texas 79457 (806) 775-2352 Telecopy: (806) 775-3074 For Buyer: Richard K. Casner Assistant City Attorney P. O. Box 2000 Lubbock, TX 79457 (806) 775-2221 Telecopy: (806) 775-3307 Contract of Sale: McAlister Park Page 9 of 20 8.02 Governing Law and Venue. This Contract is being executed and delivered and is intended to be performed in the State of Texas, the laws of Texas governing the validity, construction, enforcement and interpretation of this Contract. This Contract is performable in, and the exclusive venue for any action brought with respect hereto, shall lie in Lubbock County, Texas. 8.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed by the party against whom enforcement is sought. 8.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective heirs, executors, administrators, successors and assigns. 8.05 Risk of Loss. If any condemnation or any eminent domain proceedings are threatened or initiated that might result in the taking of any portion of the Property, Buyer may, at Buyer's option, do any of the following: (a) Terminate this Contract and withdraw from this transaction without cost, obligation or liability, in which case the Earnest Money shall be immediately returned to Buyer; or (b) Consummate this Contract, in which case Buyer, with respect to the Property, shall be entitled to receive any proceeds paid for the Property. If Buyer makes this election, the Closing shall be held on the tenth (10) calendar day after election is made to close and receive the proceeds. Buyer shall have a period of ten (10) days after receipt of written notification from Seller on the final settlement of all condemnation proceedings in which to make Buyer's election. 8.06 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed and/or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consummate the transactions contemplated hereby. 8.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time is of the essence with respect to this Contract. 8.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of, this Contract for all purposes. Contract of Sale: McAlister Park Page 10 of 20 8.09 Expiration of Offer. The execution of this Contract by Seller constitutes an offer to sell the Property. Unless by 5:00 p.m., on December_, 2002, this Contract is accepted by Buyer, the offer of this Contract shall be automatically revoked and terminated. SELLER: HERON LAND COMPANY By: 'Od (fill, Name: Title: Executed by Seller on the L5 rk day of N0vTM Gv�L- 2002. HYSINGER LAND COMPANY By:9 , - _ - , '� )t�� Name: 1� 'S= rv� Title:WZ S s Executed by Hysinger Land Company on the 7:>N day of k t G G 2002. Contract of Sale: McAlister Park Page 11 of 20 I� IM Executed by Buyer on the 12th day of ATTEST: Rebecca Garza, City Secretary -13 APPROVED AS TO CONTENT: &�(, U-e-4�r Ed Bucy, Right-oAgent APPROVED AS TO FORM: Richard Casner, Natural Resources Attorney December 2002. Contract of Sale: McAlister Park Page 12 of 20 MI TH _---._---------.------------ Phone & Fax: `06 765-9513 51(16 Avenue T � � LJRVE'YING Lubbock, TX 794* I7.111,61: ,mithsur@nts-onlinc.nct Resolution No. 2002-80527 EXHIBIT "A" 5.320 ACRE TRACT SECTION 36, BLOCK Ah. LUBBOCK COUNTY, TEXAS MET HS AND BOUNDS DESCRIPTION OF A 5.820 ACRE TRACT OF LAND IN SECTION 36, BLOCK AK, LUB30CK COUNTY, TEXAS BEING A PORTION OF THAT 25.4575 ?.CRE TRACT DESCRIBED IN VOLUME 5233 PAGE 120 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY, TEXAS AND FURTHER DE- SCR=BED AS FOLLOWS: BEGINNING AT A' /z" IRON ROD WITH CAP FOUND IN THE NORTH LINE OF SAID 25.4579 ACRE TRACT FOR THE NORTHEAST CORNER OF THIS TRACT FROM WHENCE THE SOUTHEAST CORNER OF SAID SECT ION 36 IS CALLED TO BEAR S 0006138" W A DISTANCE OF 2899.85 FEET AND S 89053'48" E A DIS- TANCE OF 1141.25 FEET; THENCE S 0006'28" W, ALONG THE WEST LINE OF LOTS 7 THRL' 9 OF THE HERON DEVELOPMENT AD- DITION TO THE CITY OF LUBBOCK AS SHOWN ON THE PLAT THEREOF RECORDED IN VOLUME 6545 PACE 327 OF SAID RECORDS, A DISTANCE OF 497.10 FEET TO /z" IRON ROD WITH CAP SET FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE N 89"4'55"7,'A DIST.".NCE OF 509.71 FEET TO A %" LRON ROD WITH CAP SET IN THE WEST LIi\—= OF SAID 25.4579 ACRE TRACT FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE N 0°02'26" E, ALONG SAID WEST LINE, A DISTANCE OF 497.10 FEET TO A Y" IRON ROD WITH CAP FOUND AT THE NORTHWEST CORNER OF SAID 25.4579 ACRE TRACT FOR THE NORTHWEST COR- NER OF THIS TRACT; THENCE S 89°54'55" E, ALONG THE NORTH LINE OF SAID 25.4:79 ACRE TRACT, A DISTANCE OF 510.30 FEET TO THE PLACE OF BEGINNING. I, ROBERT L. SMITH, REGISTERED PROFESSIONAL LAND SUR`-EYOR, DO HEREBY CERTIFY THAT THIS DESCRIPTION WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THAT THE INFORMATION HEREON REPRESENTS THE FINDINGS OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF. SURVEYED: AUGUST 1, 2002 ROBERT L. SMITH R-P.L.S. 3906 SURVEYORS REPORT: THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. FOUND MONUMENT'S ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE DUE TO SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS. BEARINGS RELATIVE TO THE WEST LINE OF THAT PLAT RECORDED IN VOLUME 6545, PAGE 327. MI TH URVEYING 5106 Avenue T Lubbock, TX 79 EXHIBIT "B" 1.000 ACRE TRACT SECTION 36, BLOCK AR LUBBOCK COUNTY, TEXAS Phone & Fax: (806) 765-95.13 Email: ,iinithsilr@nts-onlinc.net Resolution No. 2002-RO527 ME -ES AND BOUNDS DESCRIPTION OF A 1.000 ACRE TRACT OF LAND IN SECTION 36, BLOCK AK, LUBBOCK COUNTY, TEXAS BEING A PORTION OF THAT 25.457-- ACRE TRACT DESCRIBED IN VOLUME 523= PAGE 120 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY, TEXAS AND FURTHER DE- SCRBED AS FOLLOWS: BEGINNING AT A' /z" IRON ROD WITH CAP SET FOR THE NORTKEAST CORNER OF THIS TRACT AT THE SOUTHEAST CORNER OF A 5.820 ACRE TRACT IN THE WEST Lr -\-E OF LOT 9 OF THE HERON DEVELOP- MENT ADDITION'TO THE CITY OF LUBBOCK AS SHOWN ON T: -:E PLAT THEREOF RECORDED IN VOL- UivfE 6545 PAGE 327 OF SAID RECORDS FROM WHENCE THE SOUTHEAST CORNER OF SAID SECTION 36 IS CALLED TO BEAR S 0006'28" W A DISTANCE OF 2402.75 FEET AND S 89053'48" E A DISTANCE OF 114:-25 FEET; THENCE S 0006'28" W, ALONG THE WEST LINE OF SAID LOT 9. A DISTANCE OF 85.50 FEET TO A %" IRON ROD WITH CAP SET FOR THE SOUTHEAST CORNER OF TIES TRACT; THENCE N 89°54'55" W A DISTANCE OF 509.61 FEET TO A %2" LRON ROD WITH CAP SET IN THE WEST LI`E OF SAID 25.4579 ACRE TRACT FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE N 0002'26" E, ALONG SAID WEST LINE, A DISTANCE OF 85.50 FEET TO A '/" IRON ROD WITH CAP SET AT THE SOUTHWEST CORNER OF SAID 5.820 ACRE i RACT FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE S 89054'55" E, ALONG THE SOUTH LINE OF SAID 5.820 ACRE TRACT, A DISTANCE OF 509.71 FEET TO THE PLACE OF BEGINNING. I, ROBERT L. SMITH, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS DESCRIPTION WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THAT THE INFORMATION HEREON REPRESENTS THE FINDINGS OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF. SURVEYED: AUGUST 1, 2002 t ROBERT L. SMITH R.P.L.S. 3906 J SURVEYORS REPORT: THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE DUE TO SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS. BF--kRINGS RELATIVE TO THE WEST LINE OF THAT PLAT RECORDED IN VOLUME 6545, PAGE 327. 0 Resolution No. 2002-RO527 EXHIBIT "C" SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS That HERON LAND COMPANY, a Texas corporation, (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation (herein called "Grantee"), P. O. Box 2000, Lubbock, TX 79457, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Lubbock County, Texas described on Exhibit "A", attached hereto, together with all the rights appurtenant to said real property, and fixtures attached thereto or located thereon (the "Property"). This conveyance is subject to the following: A. Any and all interest, whether whole or an undivided portion thereof, in the oil, gas and other minerals in and under the Property, royalty interest, or interest in royalty, which may be outstanding in third parties resulting from prior reservation and/or conveyance by predecessors in title, including but not limited to that certain interest described in instrument of record in Volume 251, Page 81 of the Deed Records of Lubbock County, Texas. Title to said interest(s) not checked subsequent to date of aforesaid instrument(s). B. Utility Easement as set forth in that certain instrument dated December 17, 1999 and recorded in Volume 6545, Page 333 of the Real Property Records of Lubbock County, Texas. C. Drainage Easement from Heron Land Company, grantor, to the City of Lubbock, grantee, dated December 17, 1999 and recorded in Volume 6545, Page 336 of the Real Property Records of Lubbock County, Texas. Contract of Sale: McAlister Park Page 15 of 20 D. Private Drainage Easement as set forth in that certain instrument dated December 17, 1999 and recorded in Volume 6545, Page 339 of the Real Property Records of Lubbock County, Texas. E. Any portion of the Property within the limits or boundaries of any public or private roadway. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's 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. EXECUTED the day of , 2002. THE STATE OF COUNTY OF Heron Land Company By:_ Name: Title: `1 E This instrument was acknowledged before me on , 2002 by of Heron Land Company, a Texas corporation, on behalf of said corporation. Notary Public, State of _ My commission expires: Contract of Sale: McAlister Park Page 16 of 20 MI TH _ _.._....... 5106 Avenue T I'Itatrc & Fax: (M6) 765-954.1 LJRVE'YIMO Lubbock, TX 794:: 17,nrail: srnithsur@nts-onliuc.nct Resolution No. 2002—RO527 EXHIBIT "A" 5.520 ACRE TRACT SECTION 36, BLOCK Ah. LUBBOCK COUNTY, TEXAS MET ES AND BOUNDS DESCRIPTION OF A 5.820 ACRE TRACT OF LAND IN SECTION 36, BLOCK AK, LUBBOCK COUNTY, TEXAS BEING A PORTION OF THAT 25.45 7� ACRE TRACT DESCRIBED IN VOLUME 5233 PAGE 120 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY, TEXAS AND FURTHER DE- SCR_BED AS FOLLOWS: BEC:NNING AT A'/z" IRON ROD WITH CAP FOUND IN THE NORTH LINE OF SAID 25.4579 ACRE TRACT FOR THE NORTHEAST CORNER OF THIS TRACT FROM WHENCE THE SOUTHEAST CORNER OF SAID SEC; ION 36 IS CALLED TO BEAR S 0006`28" W A DISTANCE OF 2899.85 FEET AND S 89053'48" E A DIS- TANCE OF 1141.25 FEET; THE'_vCE S 0006'28" W, ALONG THE WEST LINE OF LOTS 7 THRL 9 OF THE HERON DEVELOPMENT AD- IIDITiON TO THE CITY OF LUBBOCK AS SHOWN ON THE PLAT HEREOF RECORDED IN VOLUME 6515 PACE 327 OF SAID RECORDS, A DISTANCE OF 497.10 FEET TO :? ''/z" IRON ROD WITH CAP SET FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE N 89"54'55" CY' A DISTANCE OF 509.71 FEET TO A'/" IRON ROD WITH CAP SET IN THE WEST LIN -r- OF SAID 25.4579 ACRE TRACT FOR THE SOUTHWEST CORNER OF THIS TRACT-, TH'-NCE N 0002'26" E, ALONG SAID WEST LINE, A DISTANCE OF 497.10 FEET TO A %" IRON ROD WITH CAP FOUND AT THE NORTHWEST CORNER OF SAID 25.4579 ACRE TRACT FOR THE NORTHWEST COR- NER OF THIS TRACT; THENCE S 89054'55" E, ALONG THE NORTH LINE OF SAID 25.4=79 ACRE TRACT, A DISTANCE OF 510.30 FEET TO THE PLACE OF BEGINNING. I, ROBERT L. SMITH, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS DESCRIPTION WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THAT THE INFORMATION HEREON REPRESENTS THE FINDINGS OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF. SURVEYED: AL GUST 1, 2002 ROBERT L. SMITH R-P.L.S. 3906 SURVEYORS REPORT: THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE DUE TO SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS. BEARINGS RELATIVE TO THE WEST LINE OF THAT PLAT RECORDED IN VOLUME 6545, PAGE 327. Y Resolution No. 2002-RO527 EXHIBIT "D" SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS That HERON LAND COMPANY, a Texas corporation, (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation (herein called "Grantee"), P. O. Box 2000, Lubbock, TX 79457, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Lubbock County, Texas described on Exhibit `B", attached hereto, together with all the rights appurtenant to said real property, and fixtures attached thereto or located thereon (the "Property"). This conveyance is subject to the following: A. Any and all interest, whether whole or an undivided portion thereof, in the oil, gas and other minerals in and under the Property, royalty interest, or interest in royalty, which may be outstanding in third parties resulting from prior reservation and/or conveyance by predecessors in title, including but not limited to that certain interest described in instrument of record in Volume 251, Page 81 of the Deed Records of Lubbock County, Texas. Title to said interest(s) not checked subsequent to date of aforesaid instrument(s). B. Utility Easement as set forth in that certain instrument dated December 17, 1999 and recorded in Volume 6545, Page 333 of the Real Property Records of Lubbock County, Texas. C. Drainage Easement from Heron Land Company, grantor, to the City of Lubbock, grantee, dated December 17, 1999 and recorded in Volume 6545, Page 336 of the Real Property Records of Lubbock County, Texas. D. Private Drainage Easement as set forth in that certain Contract of Sale: McAlister Park Page 18 of 20 instrument dated December 17, 1999 and recorded in Volume 6545, Page 339 of the Real Property Records of Lubbock County, Texas. E. Any portion of the Property within the limits or boundaries of any public or private roadway. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's 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. EXECUTED the day of , 2002. THE STATE OF Heron Land Company By:_ Name: Title: 2 COUNTY OF § This instrument was acknowledged before me on , 2002 by of Heron Land Company, a Texas corporation, on behalf of said corporation. Notary Public, State of _ My commission expires: Ri chard/Con tractofSale. McAlisterPark.RedlineAccptd November 19, 2002 Contract of Sale: McAlister Park Page 19 of 20 �r MI TH UR V.E"YI NG 5106 Avenue T Lubbock, TX 794:= EXHIBIT "B" 1.000 ACRE TRACT SECTION 36, BLOCK AIS LUBBOCK COUNTY, TEAS Phone & Fax: (306) 765-9543 l im& sinithsur@nts-online.net Resolution No. 2002-RO527 ME^ES AND BOUNDS DESCRIPTION OF A 1.000 ACRE TRACT OF LAND IN SECTION 36, BLOCK AK, LUBBOCK COUNTY, TEXAS BEING A PORTION OF THAT 25.457-- ACRE TRACT DESCRIBED IN VOLUME 5233 PAGE 120 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY, TEXAS AND FURTHER DE - SCR BED AS FOLLOWS: BEG INNING AT A/2" IRON ROD WITH CAP SET FOR THE NORTIKEAST CORNER OF THIS TRACT AT THE SOUTHEAST CORNER OF A 5.820 ACRE TRACT IN THE WEST LINE OF LOT 9 OF THE HERON DEVELOP- MENT ADDITION TO THE CITY OF LUBBOCK AS SHOWN ON T- PLAT THEREOF RECORDED IN VOL UM- 6545 PAGE 327 OF SAID RECORDS FROM WHENCE THE SOUTHEAST CORNER OF SAID SECTION 36 IS CALLED TO BEAR S 0006'28" W A DISTANCE OF 2402.75 FEET AND S 89053'48'"E A DISTANCE OF 114'..25 FEET; THENCE S 0°06'28" W, ALONG THE WEST LINE OF SAID LOT 9. A DISTANCE OF 85.50 FEET TO A %" IRON ROD WITH CAP SET FOR THE SOUTHEAST CORNER OF TKIS TRACT; THENCE N 89054'55" W A DISTANCE OF 509.61 FEET TO A ''/z" IRON ROD WITH CAP SET IN THE WEST LINE OF SAID 25.4579 ACRE TRACT FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE N 0002'26" E, ALONG SAID WEST LINE, A DISTANCE OF 85.50 FEET TO A %" IRON ROD WITH CAP SET AT THE SOUTHWEST CORNER OF SAID 5.820 ACRE TRACT FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE S 89054'55" E, ALONG THE SOUTH LINE OF SAID 5.820 ACRE TRACT, A DISTANCE OF 509.71 FEET TO THE PLACE OF BEGINNING. I, ROBERT L. SMITH, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS DESCRIPTION WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THAT THE INFORMATION HEREON REPRESENTS THE FINDINGS OF THIS SLRVEY TO THE BEST OF MY KNOWLEDGE ANS BELIEF. SURVEYED: AUGUST 1, 2.002 .1 ROBERT L. SMITH R.P.L.S. 3906 r� SLRVEYORS REPORT: THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. FOLTND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE DUE TO SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS. BEARINGS RELATIVE TO THE WEST LINE OF THAT PLAT RECORDED IN VOLUME 6545, PAGE 327.