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Home My WebLink AboutResolution - 2001-R0133 - General Warranty Deed - Lubbock Land Company, Two LTD - 04/12/2001i Resolution No. 2001-RO133 April 12, 2001 Item No. 66 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 (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 12th day of April, 2001. ATTEST: Rebecca Garza, CityZ�-cretary --j WINDY SIT N, MAYOR APPROVED AS TO CONTENT: City APPROVED AS TO FO ichard K. Casner Natural Resources Attorney RKC:cp Ccdocs/LubbockLandCoTwo.Res April 2, 2001 GENERAL WARRANTY DEED Date: April '�> , 2001 Resolution No. 2001—R0133 April 12, 2001 Item No. 66 Grantor: LUBBOCK LAND COMPANY, TWO LTD., a Texas limited partnership, acting herein by and 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. 0. 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 "D", SUMMERFIELD ADDITION to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded in Volume 5464, Page 72 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: CITY OF LUBBOCK By: � Jli" Indy Sit#Mayor LUB13OCK LAND COMPANY, TWO LTD., a Texas limited partnership BY: LUBBOCK LAND COMPANY, General Partner By: Randy N auer, President ATTEST: Rebecca Garza, City Se tarc�ie y APPROVED AS TO CONTENT: Carry Her , City 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 LUBBOCK 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. 2001. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � � day of & MARGARET KENEDA `. Notary Public, State of Texas My Commission Expires •..� g�?CV February 28, 2005 THE STATE OF TEXAS COUNTY OF LUBBOCK aAA Notary Publi , State of Texas 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 day of 2001. �'"� n��.A,Np,Y�Ap�,MAJhIAK ;1 j so M1 '�""�^"p�,7)� /, �uu.,.^�.,��,�� a.M.o�fyT��a✓�D ,:�Y 4A�\lGitl1UC[� �� GVIAI Prepared in the Law Office of: TIMBERLAKE AND WEAVER, P. C. 1005 15th Street Lubbock, Texas 79401 C:\MKFIIes\Lubbmk La d\LLC2.WD.CITY Notary Publi State of texas