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HomeMy WebLinkAboutResolution - 2009-R0313 - Withhold Quitclaim Execute Deed Without Warrant-Fields Land & Cattle/Quick Quack - 08/13/2009Resolution No. 2009-80313 August 13, 2009 Item No. 5.17 RESOLUTION WHEREAS, the City Council of the City of Lubbock, Texas on April 9, 2009 adopted Resolution No. 2009-R0126, providing for the acquisition of certain land to be used for streets, rights -of way, easements, or other public purposes by way of purchase or condemnation; and WHEREAS, the City Council of the City of Lubbock, Texas on May 14, 2009 adopted Resolution No. 2009-RO181 authorizing the Mayor to execute a Quitclaim from the City of Lubbock unto Fields Land & Cattle, Ltd. and Quick Quack, Ltd. #4 on Georgia, as Grantees, less and except a perpetual underground utility easement, as consideration for the exchange of certain adjoining property from Grantees to the City of Lubbock; and WHEREAS, the aforementioned Quitclaim has not yet been delivered to Grantees, and Grantees have requested, instead, that a Deed Without Warranty be executed and delivered as an instrument of conveyance in connection with the exchange; and WHEREAS, the City Council of the City of Lubbock, Texas desires to provide, as a corrective action, a Deed Without Warranty to Grantees in response to Grantees' request; NOW THEREFORE: 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 withhold from delivery that certain Quitclaim previously executed from the City of Lubbock unto the said Fields Land & Cattle, Ltd. and Quick Quack, Ltd. 44 on Georgia, as Grantees, less and except a perpetual underground utility easement. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized and directed, as a corrective action, to execute a Deed Without Warranty unto the said Fields Land & Cattle, Ltd. and Quick Quack, Ltd. #4 on Georgia, less and except a perpetual underground utility easement, as consideration for the exchange of certain adjoining property from Grantees to the City of Lubbock as said property was described in Resolution No. 2009-R0126. SECTION 3. THAT a copy of said Deed Without Warranty 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 13th day of August , 2009. ez� A4e— TOM MARTIN, MAYOR ATTEST: Reber a Garza, City Secretary APPROVED AS TO CONTENT: Dawe Booher, Right -of -Way Agent APPROVED AS W FORM: ity Attorney Reso.Qu ickQuack7.29.09 �.: aViiCE TITLE COMPANY 121/ i 408-B BUddy,H011y Avenue Resolution No. 2009-RO313 Lubbock, Texas 794MI DEED WITHOUT WARRANTY (STC-nWGF#04684) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR. r SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: August 13t 2009 S Grantor: THE CITY OF LUBBOCK, TEXAS, a Texas Home Rule Municipality Grantee: FIELDS LAND & CATTLE, LTD, a Texas limited partnership, as to an undivided 1/2 interest, and OMM QUICK QUACK, LTD #4 ON GEORGIA, a Texas limited partnership, as to an undivided 1/2 interest Grantee's Mailing Address (including county): Fields Land & Cattle, Ltd - m rn Quick Quack, Ltd #4 on Georgia - Consideration: $10 00 and other good and valuable consideration, to Grantor herein paid by Grantee herein, the receipt and sufficiency of all of which is hereby acknowledged and confessed ts� Property (including any Improvements): es tp A portron of TRACT "A", WHISPERWOOD, an Addition to the City of Lubbock, Lubbock County, Texas, crit according to the map, plat and/or dedication deed thereof recorded in Volume 1585, Page 766 of the Deed Records of Lubbock County, Texas, and a portion of Slide Road as dedicated by plat recorded in Volume 1585, Page 766 of the Deed Records of Lubbock County, Texas, being further described as follows BEGINNING at a'A" iron rod with cap found in the West right-of-way line of Slide Road, at the Southeast comer of said Lot "I -B" and the Northeast comer of Lot "i -A", Wbisperwood Financial, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 5846, Page 21, Real Property Records of Lubbock County, Texas, THENCE Northeasterly, along said right-of-way line and the East line of said Lot "I -B" around a curve to the right, said curve having a radius of 262 45 feet, a central angle of 19128'55", a chord bearing of N 17114'23" E , a chord distance of 88 81 feet and an arc length of 89 24 feet to'h" square tube found at a point of tangency, THENCE N 26°49'38" E, continuing along said right-of-way line and the East line of said Lot "I -B", a distance of 155 37 feet to a'/2" square tube found at the Northeast comer of this tract, THENCE S 01048'54" W a distance of 226 46 feet to a "MAO" nail with washer set for the Southeast comer of this tract, THENCE N 88009'06" W a distance of 89 31 feet to the Point of Beginning Reservations from Conveyance; Grantor hereby reserves to Grantor, and Grantor's legal representatives, franchisees, licensees, successors and assigns, for the use of the public as a perpetual and permanent underground utility easement, the free and uninterrupted use, liberty of passage in, along, on, over, upon, under and across the Property, together with all rights of ingress, egress and regress at any and at times to accomplish the following purposes allowing, but not limited to, constructing, reconstructing, repairing and perpetually maintaining any and al[ types of underground water lines, sewer lines, gas pipe Imes, telephone and telecommunication lines, electric transmission lines and any other type of public utility, whether named herein or not, which easement includes at all times and seasons the right of ingress, egress and regress of motor vehicles and personnel engaged either in such construction and repair or the reading of meters The easement herein shall entitle utility companies to the right to remove or repair any Imes within such easement as may be determined by utility companies The easement shall not be fenced or otherwise obstructed to the passage of vehicular traffic In order to assure Grantor, its successors and assigns, of continuing access and enjoyment of said easement, the said Grantee, by acceptance of this Deed with this Reservation, hereby expressly agree not to erect, build, or otherwise allow to be constructed any building or like permanent structure over the Property and should such building or structure be erected, it is understood that Grantor shall have the right to remove said building or structure from the Property at the expense of Grantee Exccptions to Conveyance: SUBJECT TO restrictive covenants as shown of record in Volume 1746, Page 611, corrected in Volume 1915, Page t t of the Deed Records of Lubbock County, Texas SUBJECT TO underground utility easement along the southernmost 10 feet of Tract A, together with blanket underground utility and transformer pad easement granted on Tract A in "Notes" on Plat, all as set forth on Plat attached to Dedication Deed recorded in Volume 1565, Page 766, Deed Records of Lubbock County, Texas SUBJECT TO all the terms, conditions, provisions and limitations on use attributable to designation of site as "Historic Landmark" pursuant to Notice of Landmark Designation recorded in Volume 1746, Page 611, corrected in Volume 1915, Page 11, Deed Records of Lubbock County, Texas SUBJECT TO any portion of the Property within the limits or boundaries of any public or private roadway SUBJECT TO rights and claims of tenants and parties in possession under any unrecorded leases, including but not limited to any unrecorded agricultural leases of the Property, together with any security interests given by tenants in fixtures located on the Property SUBJECT TO all visible and apparent easements and all underground easements, the existence of which may arise by virtue of unrecorded grant or use SUBJECT TO any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Property Grantee herein assumes the payment of all taxes for the year 2009 Grantor, for the Consideration and subject to the Reservations from and Exceptions to Conveyance, conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors or assigns forever, without express or implied warranty, and all warranties that might arise by common law and the warranties in § 5 023 of the Texas Property Code (or its successor) are excluded By its acceptance of this Deed, Grantee represents and warrants to Grantor that it has made an independent inspection and evaluation of the Property and the title to same and acknowledges that Grantor has made no statements or representations concerning the present or future value of the Property, the state of title of the Property, the condition, including the environmental condition of the Property, or the anticipated income, costs, or profits, if any, to be derived from the Property FURTHER, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, E)CPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE, INCLUDING WITHOUT LIMITATION, THE EXISTENCE OF LIENS AGAINST THE PROPERTY, THE VALUE, QUALITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY AND/OR IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF THE PROPERTY Grantee further acknowledges that, in accepting this Deed Without Warranty, it has relied solely upon its independent evaluation and examination of the Property, and public records relating to the Property and the independent estimates, computations, evaluations and studies based thereon Grantor makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Grantee, if any, whether furnished by Grantor or any other third party Grantor, its officers, employees, elected, officials, independent contractors and agents assume no liability for the accuracy, completeness or usefulness of any material furnished by Grantor, or any of its officers, employees, elected officials, independent contractors and/or agents, if any, and/or any other person or party Reliance on any material so furnished shall not give rise to any cause, claim or action against Grantor, its officers, employees, elected officials, independent contractors and/or agents, and any such reliance shall be at Grantee's sole risk THE CONVEYANCE OF THE PROPERTY SHALL BE ON A "WHERE IS," "AS IS," AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESSED, STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO TITLE, INCLUDING, BUT NOT LIMITED TO THE EXISTENCE OF LIENS AGAINST THE PROPERTY, THE DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY AND/OR IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, QUALITY, VALUE, FITNESS FOR PURPOSE, MERCHANTABILITY OR OTHERWISE Grantee has satisfied itself as to the title, type, condition, quality and extent of the property and property interests which comprise the Property it is receiving pursuant to this Deed Without Warranty When the context requires, singular nouns and pronouns include the plural A ATTEST orf r REBECCA GAI{ZA; City Secretary i APPROVED AS TO CON TENT 3aroc saax"-, , DAVE BOOHER, Right -of -Way Agent PW• ' i • �'"i THE STATE OF TEXAS COUNTY OF LU13BOCK GRANTOR: THE CITY OF LUBBOCK, TEXAS By elZ� To Martin, Mayor BEFORE ME, the undersigned Notary Public, on this day personally appeared TOM MARTIN, Mayor of The City of Lubbock, Texas, a Home -Rule Municipality, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of THE CITY OF LUBBOCK, TEXAS for the purposes and consideration therein expressed yt GIVEN UNDER My HAND AND SEAL OF OFFICE this day of 2004 Notary Public, State of Texas ''pyp`g ELISA- rNas,,e � . '.2011 FILED AND RECORDED OFFICIAL PUBLIC RECORDS .r Kelly P>tnion, County Clerk Lubbock County TEXAS October 30, 2009 03:52.49 PM S 4A{ jkAD=MWjjh at W�d/+GTY-F;EUN-QUK.KQUACKAI694-FINAL-UWOW 3 FEE. $24.00 2009039165