Loading...
HomeMy WebLinkAboutResolution - 2011-R0343 - Contract Of Sale - Carla Armstrong - 08/11/2011Resolution No. 2011—RO343 August 11, 2011 Item No. 5.4 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract of Sale for the purchase of real property, by and between the City of Lubbock and Carla Armstrong, and related documents. Said Contract of Sale 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. Passed by the City Council on August 11, 2011 TOM MARTIN, MAYOR ATTEST: Q 5K Rebe a Garza, City Secret APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operations Officer Dave Booher, Right -of -Way Agent APP=: Chad Weaver, Assistant City Attorney vwxcdocs/RES.Contract of sale -Armstrong July 7, 2011 Resolution No. 2011-RO343 CONTRACT OF SALE Contract. 10342 STATE OF TEXAS COUNTY OF LUBBOCK § This Contract of Sale (the "Contract") is made this I1thday of August , 2011, effective as of the date of execution hereof by Buyer, as defined herein, (the "Effective Date"), by and between CARLA ARMSTRONG (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 that certain tract of land further described in Exhibit "A" attached hereto (the "Warranty Deed"); and WHEREAS, Seller owns that certain tract of land further described in Exhibit "B" attached hereto (the "Slope and Drainage Easement"); and 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 Twenty Seven Thousand Four Hundred Fifty and NO/100 Dollars ($27,450.00) -(the "Purchase Price"). ARTICLE III TITLE AND SURVEY 3.01 Title Commitment. The parties hereto acknowledge that a Title Commitment for the Property has been obtained and has been reviewed by the parties. 3.02 Title Policy. At Closing, Seller, at Buyer'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 Lubbock Abstract & Title Company, 1216 Texas Avenue, Lubbock, Texas 79401 ("the Title Company") in the amount and on the terms and conditions as set forth in the Title Commitment, subject only to the Permitted Exceptions; provided, however, in the event Buyer obtains the survey and elects to have the survey exception amended, the survey exception must be amended to read "shortages in area" only (although Schedule C of the Title Commitment may condition amendment on the presentation of an acceptable survey and payment, to be borne solely by Buyer, of any required additional premium). 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 as of the Effective Date and as of the Closing Date, except where specific reference is made to another date, that: (a) There are no adverse or other parties in possession of the Property or any part thereof, and 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. (b) 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. (c) 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. This representation limited to the Effective Date. (d) To the best of Seller's knowledge, the Seller has paid all real estate and personal property taxes, assessments, excises, and levies that are presently due, if any, which are against or are related to the Property, or will, except for the year of Closing, be due as of the Closing, and the Property will be subject to no such liens. (e) 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 or taken any action which would result in any real estate broker commissions or finder's 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 contract, lease, easement or right of way agreement, conveyance or any other agreement of any kind with respect to, or affecting, the Property (herein "Nonpermitted Agreements") that will not be fully performed on or before the Closing or would be binding on Buyer or the Property after the date of Closing. Contract of Sale — Armstrong Page 2 of 9 (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 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, except as will be satisfied at Closing, unless waived by Buyer, or for ad valorem taxes for the year of Closing. (v) Maintain a fire and extended coverage insurance policy in the standard promulgated form and with standard terms, which will include but is not limited to losses from storms and fires, in the minimum amount of the appraised value of the permanent improvements on the Land as determined by the Lubbock Central Appraisal District for calendar year 2011. (vi) Maintain the Property in its current condition and state of repair, ordinary wear and tear excepted. (b) To indemnify and hold Buyer harmless, to the extent permitted by law, from all loss, liability, and expense, including, without limitation, reasonable attorneys' fees, arising or incurred as a result of 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 Representations of Buyer. Buyer represents and warrants to Seller as of the Effective Date and as of Closing: (a) The Buyer has the full right, power and authority to purchase the Property as provided in this Contract and to carry out Buyer's obligations hereunder. (b) Buyer has not contracted or entered into any agreement with any real estate broker, agent, finder or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated in this Contract. 4.04 Survival Beyond Closing. The representations, warranties, covenants and agreements of Seller and Buyer contained in this Contract shall survive the Closing. ARTICLE V CLOSING 5.01 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 scheduled upon a Contract of Sale — Armstrong Page 3 of 9 date mutually agreeable to the parties hereto but no less than one hundred twenty days from the Effective Date. 5.02 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 Buyer's sole cost and expense, the following items: (i) The Title Policy provided, however, the Title Policy may be delivered after Closing consistent with normal practice; (ii) The General Warranty Deed, substantially in the form as attached hereto as Exhibit "A", subject only to the Permitted Exceptions, if any, duly executed by Seller and acknowledged; (iii) The Slope and Drainage Easement, substantially in the form as attached hereto as Exhibit "B", duly executed by Seller and acknowledged; (iv) 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 (any payment to the Title Company to be placed in escrow for the benefit of and payable to Seller as provided in the Contract) the following items: (i) The sum required by Section 2.01, less the Earnest Money and interest earned thereon (whish will also be paid to Seller), in the form of personal, certified or cashier's check or other immediately available funds; (ii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 5.03 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing. 5.04 Adjustment at Closing. Ad valorem taxes relating to the Property for the calendar year in which 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 Closing shall occur is not known as of the Closing Date, the proration for purposes of settlement at Closing shall be based on the amount of taxes due and payable with respect to the calendar year immediately preceding the calendar year of Closing. As soon as the amount of taxes levied against the Property for the calendar year in which Closing shall occur is known, Seller and Buyer shall readjust in cash the amount of taxes payable by Seller as per the prorated responsibilities set forth herein. This provision shall survive the Closing. Notwithstanding any provision to the contrary, Buyer, as a home rule municipality, shall not pay for, or be responsible for, the payment of any taxes on behalf of the Seller. Contract of Sale — Armstrong Page 4 of 9 5.05 Costs of Closing. Buyer is responsible for paying fees, costs, expenses identified herein as being the responsibility of Buyer or Seller. If the responsibility for such costs or expenses associated with closing the transaction contemplated by this Contract are not identified herein, such costs or expenses shall be borne by the Buyer and Buyer shall pay all fees, costs and expenses of Seller, notwithstanding any provision to the contrary. ARTICLE VI DEFAULTS AND REMEDIES 6.01 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 as Buyer's sole and exclusive remedies for the default, may, at Buyer's sole option, do either one of the following: (i) Terminate this Contract by written notice delivered to Seller in which event the Buyer shall be entitled to payment of the Earnest Money, and 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; or (ii) Enforce specific performance of this Contract against Seller, requiring Seller to convey the Property to Buyer subject only to the Permitted Exceptions. 6.02 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 5.02(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 remedies for the default, may at Seller's sole option, do either one of the following: (i) Terminate this Contract by written notice delivered to Buyer in which event the Seller shall be entitled to a return of the Earnest Money, Contract of Sale -- Armstrong Page 5 of 9 and Buyer shall, promptly on written request from Seller, execute and deliver any documents necessary to cause the Title Company to return to Seller the Earnest Money; or a. Enforce specific performance of this Contract against Buyer, requiring Buyer to purchase the Property from Seller subject to no liens, encumbrances, exceptions, and conditions other than those shown on the Title Commitment. ARTICLE VII MISCELLANEOUS 7.01 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) two (2) calendar days following 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: Carla Armstrong 11213 Brookhaven Club Dr. Johns Creek, GA 30092 Copies to: For Buyer: Sam Medina City Attorney P. O. Box 2000 Lubbock, TX 79457 (806) 775-2221 Telecopy: (806) 775-3307 BUYER: City of Lubbock Tom Martin, Mayor P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2312 Telecopy: (806) 775-2051 7.02 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. 7.03 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. Contract of Sale — Armstrong Page 6 of 9 7.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective successors and assigns. If requested by Buyer, Seller agrees to execute, acknowledge and record a memorandum of this Contract in the Real Property Records of Lubbock County, Texas, imparting notice of this Contract to the public. 7.05 BUYER ACKNOWLEDGES THAT SELLER HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION AS TO THE PHYSICAL CONDITION, OR ANY OTHER MATTER AFFECTING OR RELATED TO THE PROPERTY (OTHER THAN WARRANTIES OF TITLE AS PROVIDED AND LIMITED HEREIN). BUYER EXPRESSLY AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPERTY IS CONVEYED "AS IS" AND "WITH ALL FAULTS", AND SELLER EXPRESSLY DISCLAIMS, AND BUYER ACKNOWLEDGES AND ACCEPTS THAT SELLER HAS DISCLAIMED, ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED (EXCEPT AS TO TITLE AS HEREIN PROVIDED AND LIMITED) CONCERNING THE PROPERTY, INCLUDING WITHOUT LIMITATION (i) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OF THE PROPERTY, (ii) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO ANY SUCH IMPROVEMENTS, AND (iii) THE MANNER OR REPAIR, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF ANY SUCH IMPROVEMENTS. SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF, FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON. SELLER HAS NOT MADE ANY REPRESENTATION OR WARRANTY WITH REGARD TO COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, THOSE PERTAINING TO THE HANDLING, GENERATING, TREATING, STORING OR DISPOSING OF ANY HAZARDOUS WASTE OR SUBSTANCE, OR THE NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, OR THE PRESENCE OR ABSENCE OF ANY UNDERGROUND STORAGE TANK, POLLUTANT, HAZARDOUS WASTE, GAS OR SUBSTANCE OR SOLID WASTE ON OR ABOUT THE PROPERTY. EXCEPT AS OTHERWISE PROVIDED IN SECTION 4.02(a)(vi), SELLER HAS NO CONTINUING OBLIGATION WHATSOEVER TO UNDERTAKE ANY REPAIRS, ALTERATIONS OR OTHER WORK OF ANY KIND WITH RESPECT TO ANY PORTION OF THE PROPERTY. BUYER ACKNOWLEDGES THAT BUYER, HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, IS RELYING SOLELY ON BUYER'S OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY OR ON BEHALF OF SELLER. BUYER FURTHER ACKNOWLEDGES THAT NO INDEPENDENT INVESTIGATION OR VERIFICATION HAS BEEN MADE BY SELLER WITH RESPECT TO ANY INFORMATION SUPPLIED BY SELLER CONCERNING THE PROPERTY, AND SELLER HAS MADE NO REPRESENTATION AS TO THE ACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION, IT BEING INTENDED BY THE PARTIES THAT BUYER SHALL HAVE VERIFIED THE ACCURACY AND COMPLETENESS OF SUCH INFORMATION. Contract of Sale — Armstrong Page 7 of 9 7.06 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, or if the Improvements to the Property have been damaged by fire, storms or other acts covered by applicable fire and extended coverage insurance, and all other conditions to Closing except as a result of such condemnation or eminent domain proceeding (herein "Condemnation Proceeds") have been met, Buyer shall consummate this Contract, in which case Buyer, with respect to the Property, shall be entitled to receive any and all Condemnation Proceeds and insurance proceeds paid for or with respect to damage to the Property, and Buyer shall have the right to compromise and settle any such insurance claims. 7.07 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, at no cost or expense, 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. 7.08 Time is of the Essence. It is expressly agreed between Buyer and Seller that time is of the essence with respect to this Contract. 7.09 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. 7.10 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this Contract are hereby delegated by Buyer to City Manager, Lee Ann Dumbauld, or her designee. Executed by Seller on the fA day of 4K 2011. SELLER: �a4L- CARLARMSTRONG Executed by Buyer on the 11th day of August 2011. ATTEST: BUYER: CITY OF LUBBOCK, TEXAS TOM MARTIN, MAYOR Contract of Sale — Armstrong Page 8 of 9 RebAca Garza, City Secretar APPROVED AS TO CONTENT: Marsha Reed, P.E. Chief Operations Officer Dave Booher Right -of -Way Agent APPROVED,AS TO FORM: Chad Weaver Assistant City Attorney Contract of Sale — Armstrong Page 9 of 9 EXHIBIT Resolution No. 2011-80343 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. 1":I0:411TA IWAM111.i Ity.1 a rd 11911117 DATE: GRANTOR: Carla Armstrong 11213 Brookhaven Club Dr, John Creek, GA 30092 GRANTOR'S MAILING ADDRESS: Carla Armstrong 11213 Brookhaven Club Dr. John Creek, GA 30092 GRANTEE: City of Lubbock, Texas, a municipal corporation GRANTEE'S MAILING ADDRESS: P.O. Box 2000 Lubbock, Lubbock County, Texas 79457 CONSIDERATION: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration. PROPERTY (including any improvements): That certain tract of land further described in Exhibit "A" attached hereto. RESERVATIONS FROM CONVEYANCE: Any and all mineral interests in connection with the Property EXCEPTIONS TO CONVEYANCE AND WARRANTY: None 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. General Warranty Deed -Carla Armstrong Pg I When the context requires, singular nouns and pronouns include the plural. CARLA ARMSTRONG ACKNOWLEDGMENTS STATE OF § COUNTY OF § This instrument was acknowledged before me on this day of , 2011, by CARLA ARMSTRONG. Notary Public, State of _ My commission expires: General Warranty Deed -Carla Armstrong Pg 2 EXHIBIT METES AND BOUNDS DESCRIPTION of a 0.0320 acre tract of land located in Section 22, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a 112" iron rod with cap found at the Northeast corner of this tract which bears S. 01050'43" W. a distance of 1826.8I feet and N. 88°08'50" W. a distance of 50.00 feet from the Northeast corner of Section 22, Block AK, Lubbock County, Texas; THENCE S. 01 "50'43" W. a distance of 286.12 feet to a point for the Southeast comer of this tract; THENCE N. 88°08'50" W. a distance of 20.00 feet to a 1/2" iron rod with cap set for the Southwest corner of this tract; THENCE N. 46050'56" E. a distance of 21.21 feet to a 112" iron rod with cap set for a point of intersections THENCE N. 01 050'43" E. a distance of 241.12 feet to a 112" iron rod with cap set for the Northwest corner of this tract; THENCE S. 88008'50" E. a distance of 5.00 feet to the Point of Beginning. Bearings are relative to the Texas Coordinate System of 1983, CORS 96, Epoch 2002.0 Surveyed on the ground. October 13, 2010 /""Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas Parcel No. 4074 Right -of -Way EXHIBIT Resolution No. 2011-RO343 SLOPE AND DRAINAGE EASEMENT STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK } THAT CARLA ARMSTRONG, herein called "GRANTOR", for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS to GRANTOR in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the further good and valuable consideration in benefits accruing and to accrue to the remainder of GRANTOR'S property, has by these presents GRANTED, BARGAINED, SOLD and CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY unto the CITY OF LUBOCK, its legal representatives, successors and assigns, for the use of the public as a perpetual and permanent slope and drainage easement, the free and uninterrupted use, liberty of passage in, on, along, over, upon, under, and across all property lying and being situated in Lubbock County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof. SO LONG AS the CITY OF LUBBOCK continues to use said property for the purposes herein stated, said easement includes, but is not limited to, the free and uninterrupted use, liberty and privilege of passage in, along, over, across, under, upon and against the hereinafter described land for the purpose of constructing, reconstructing, maintaining, repairing, cleaning and clearing said premises for a drainage channel and for filling the slope area adjacent to the roadway (Milwaukee Avenue) and for the free and unobstructed drainage of surface waters, together with the right of ingress, egress and regress for such purposes in, on, along, through and across all the property above described. It is hereby covenanted and agreed that the CITY OF LUBBOCK retains and reserves the right to set the slope of the fill adjacent to the roadway (Milwaukee Avenue), the intent being to establish a one foot vertical to a ten foot horizontal fill slope from the completed roadway (Milwaukee Avenue) to natural ground on the real estate above described and it is hereby covenanted and agreed that the CITY OF LUBBOCK retains and reserves the right to set and determine the drainage grade and direction of flow of surface waters on the real estate above described and buildings or like permanent structures shall not be erected, built, constructed or allowed to be erected, built or constructed in, upon, over along or across the real estate above described, and if such erection, building or construction does occur in violation of this prohibition, the CITY OF LUBBOCK shall have the right to remove said building or structure from the aforesaid real estate, including the right to remove any home or other improvement. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging perpetually unto the CITY OF LUBBOCK, its successors and assigns, for so long as the CITY OF LUBBOCK uses the same for the purposes herein granted. WITNESS THE EXECUTION OF THIS INSTRUMENT this day of , 2011. [091,110101.1 CARLA ARMSTRONG THE STATE OF COUNTY OF The foregoing instrument was acknowledged before me on the day of , 2011, by CARLA ARMSTRONG. Notary Public, State of Texas Printed Name: Commission Expires: Chad/Easements/Slope and Drainage Easement -Armstrong July 7, 2011 EXHIBIT 1 It METES AND BOUNDS DESCRIPTION of a 0.4384 acre tract o being further described as follows: Resolution No. 2011—RO343 in Section 22, Block AK, Lubbock County, Texas, BEGINNING at a 1/2" iron rod with cap found at the Northeast comer of this tract which bears S. 01°50'43" W. a distance of 1826.81 feet and N. 88°08'50" W. a distance of 55.00 feet from the Northeast comer of Section 22, Block AK, Lubbock County, Texas; THENCE S. 01 050'43" W. a distance of 241.12 feet to a 1/2" iron rod with cap set for the most Easterly Southeast comer of this tract; THENCE S. 46050'56" W. a distance of 21.21 feet to a 1/2" iron rod with cap set for the most Southerly Southeast corner of this tract; THENCE N. 88°08'50" W. a distance of 55.00 feet to a 1/2" iron rod with cap set for the Southwest corner of this tract; THENCE N. 00023'27" W. a distance of 256.32 feet to a 1/2" iron rod with cap set for the Northwest comer of this tract; THENCE S. 8808'50" E. a distance of 80.00 feet to the Point of Beginning. Bearings are relative to the Texas Coordinate System of 1983, CORS 96, Epoch 2002.0 Surveyed on the ground. October 13, 2010 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas Parcel No. 4074 Drainage Easement