HomeMy WebLinkAboutResolution - 2017-R0299 - General Warranty Deed-LBK Boys' & Girls' Club-1.476 Acre Tract, Sec 44, Block AK - 08/24/2017Resolution No.2017-R0299
Item No.6.19
August 24,2017
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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 General Warranty Deed for the conveyance of real
property pursuant to Texas Local Government Code Section 253.011,by and between the
City of Lubbock and the Lubbock Boys' &Girls'Club,Inc.,and 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 City Council.
Passed by the City Councilon August 74 2017
ATTEST:
Rebecca Garza,City Secretary
APPROVED AS TO CONTE
Scott Snider,Assistant City Manager
APPROVED AS TO FORM:
Ryan Brooke,Assistant City Attorney
RES.General Warrant Deed -Boys &Girls Club
08.09.17
DANIEL M.POPE,MAYOR
CITY OF LUBBOCK
OFFICE PICK UP "2017031815 5 PGS DEED
'Resold No.017-R0299 III Ei II1DH1 WMMMIWt II
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.
GENERAL WARRANTY DEED
DATE:August 74 ,2017
GRANTOR:City of Lubbock,Texas
GRANTOR'S MAILING ADDRESS:
P.O.Box 2000
Lubbock,TX 79457
GRANTEE:Lubbock Boys'&Girls'Club,Inc.
GRANTEE'S MAILING ADDRESS:
P.O.Box 94163
Lubbock,Texas 79493
CONSIDERATION:
Ten and No/100 Dollars ($10.00) and other goods and valuable consideration,the receipt and
sufficiency of which is hereby acknowledged.Grantor and Grantee expressly stipulate that
Grantee shall utilize the Property solely in a manner that promotes a public purpose of the
Grantor.Grantor and Grantee stipulate that the consideration of public purpose use by Grantee is
consideration to be received by Grantor for the conveyance of the Property by Grantor and that
such consideration is sufficient in all respects.This conveyance is made pursuant to Texas Local
Government Code Section 253.011.
PROPERTY (INCLUDING ANY IMPROVEMENTS):
The property that is the subject of this General Warranty Deed is depicted and described in the
attached Exhibit "A"(the "Property").
REPRESENTATIONS AND WARRANTIES OF GRANTEE:
Grantee warrants and represents that it is a non-profit organization,as that term is defined in the
Texas Local Government Code Section 253.011(a).
RESERVATIONS FROM CONVEYANCE:
None
EXCEPTIONS TO CONVEYANCE AND WARRANTY:
None
GENERAL WARRANTY:
Grantor,for the Consideration and subject to the Representations and Warranties of Grantee,
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 for so long as the Property is used to promote a public purpose of the Grantor.If the
General Warranty Deed -City of Lubbock and Lubbock Boys'&Girls'Club,Inc. - 2017 Page 1
Property ceases to be so used for said public purpose, then the Grantor will notify the Grantee in
writing of their violation and provide thirty (30) days for Grantee to remedy the violation. If the
Grantee has not remedied the violation within thirty (30) days receipt of notice, then all rights,
title, and interest conveyed by this instrument shall automatically revert to and vest in Grantor,
and Grantor's successors and assigns, without the necessity of any further act on the part of or on
behalf of the Grantor. It is the intent of Grantor to convey a fee simple determinable estate to the
Grantee. For purposes hereof, the "public purpose" of the Grantor shall mean a Facility that will
provide access to a "fun, safe and constructive environment for kids and teens during out -of -
school hours" at a local facility in West Lubbock; and a Parking Area that will serve a public
purpose by providing public parking for the adjacent City of Lubbock park, Duran Park.
Grantor binds Grantor and Grantor's heirs and successors to warrant and 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
Representations and Warranties of Grantee, Reservations from Conveyance, and the Exceptions
to Conveyance and Warranty, for so long as the Property is used to promote a public purpose of
the Grantor.
When the Context requires, singular nouns and pronouns include the plural
ATTEST:
Ci Secretary DANIEL M. POPE, MAYOR
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned, a Notary Public in and for Lubbock County, Texas, on this day
personally appeared DANIEL M. POPE, Mayor of the City of Lubbock, Texas, known to me to
be the person whose name is subscribed to the foregoing instrument and acknowledged to me that
s/he executed the same for the purposes and consideration therein expressed, and in the capacity
therein stated. (�
GIVE UNDER MY HAND AND SEAL OF OFFICE this +
2017.
�osPRY'`° c JENNIFER SOWDER CLEMENTS
* * Notary Public, Stale of Texas
Notary IN 12497068.3
OFT�'P�i My Commission Expires 06.28.2020
day of
General Warranty Deed — City of Lubbock and Lubbock Boys' & Girls' Club, Inc. — 2017 Page 2
EXHIBIT "A"
r.,. HUGO REED AND ASSOCIATES, INC.
„ 1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763-5642 / FAX 806/763-3891
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
r,
LAND SURVEYORS
CIVIL ENGINEERS
METES AND BOUNDS DESCRIPTION of a 1.476 acre tract of land being a portion of a 9.246 acre tract of land as
described in Volume 7211, Page 70, of the Real Property Records of Lubbock County, Texas, located in Section
44, Block AK, Lubbock County, Texas, being further described as follows:
BEGINNING at a "mag" nail set in the North line of the Southwest Quarter of Section 44, Block AK, being the
Northwest corner of said 9.246 acre tract and the Northwest corner of this tract, which bears S. 88°08'30" E. a
distance of 1320.02 feet from the Northwest corner of Southwest quarter of Section 44, Block AK, Lubbock County,
Texas;
THENCE S. 88°08'30" E., along the North line of the Southwest Quarter of said Section 44, and the Northern
boundary of said 9.246 acre tract a distance of 458.80 feet to an 'Y' set in concrete in the West right-of-way line of
Juneau Avenue as described in Volume 9967, Page 155 of the Official Public Records of Lubbock County, Texas
(OPRLCT), at the Northeast corner of said 9.246 acre tract and the Northeast corner of this tract;
THENCE S. 02°24'52" W., along the Eastern boundary of said 9.246 acre tract and said West right-of-way line of
Juneau Avenue, at 40.00 feet pass a "mag" nail set for a corner of Juneau Avenue as described under County
Clerk File Number (CCFN) 2014035711, OPRLCT, continuing along said right-of-way line a total distance of 145.01
feet to a point for the Southeast corner of this tract;
THENCE N. 88°08'30" W., at 30.00 feet pass a 1/2" iron rod with cap set in reference, continuing for a total
distance of 379.14 feet to a 1/2" iron rod with cap set for the most Southerly Southwest corner of this tract;
THENCE N. 01 °51'30" E. a distance of 27.00 feet to a 1/2" iron rod with cap set for an 'ell' corner of this tract;
THENCE N. 88°08'30" W., at 48.00 feet pass a 1/2" iron rod with cap set in reference, continuing for a total
distance of 78.00 feet to a point in the East right-of-way line of Kewanee Avenue as described in Volume 876, Page
433 of the Deed Records of Lubbock County, Texas, and the Western boundary of said 9.246 acre tract, for the
most Westerly Southwest corner of this tract;
THENCE N. 01 °44'15" E., along said East right-of-way line, and the Western boundary of said 9.246 acre tract of
land, a distance of 118.00 feet to the Point of Beginning.
Bearings are Relative to Grid North, Texas Coordinate System 1983, North-Central Zone, (2011, epoch 2010.0).
Contains: 64,296 square feet
NOTICE. This electronic file is provided for convenience purposes and is a verbatim copy of a certified description
retained on file at Hugo Reed and Associates; Inc. In any case of discrepancy, the certified description governs. Page 1 of 1
PERIMETER SURVEY OF A 1.476 ACRE TRACT OF LAND LOCATED IN
SECTION 44, BLOCK AK
LUBBOCK COUNTY, TEXAS
TMa PofR S9a°na'30 FEET -- — --- -- —_
Fnon rrtE xatrNWEar c(%51Ea 44{ 26th S TREE T
aprrtA4ES r OF QUAttTFa QF 5'EAa CttOF ,
SLOW at, ueeorx caxtrr. rotas. S88°08'30'E a �.L sx u ro ser
458.80'
LOT / Id `dal �,�� S88"30-E 368.88' Sy A p2 -
WEST END P O of p' FRWECn><Mwr-or-rAY
CHURCH of $ _0 `= NO, 44'16'E 1.476 ACRES s
CWISTADDITioNg 93-W (1.198 ACRES NETOF 3 B O
rfwme�rowr.e k PROSPECTIVE`o v
30 4S.00 R1G1tT-OF-WAY) R v
78.00' N by
'!� , ro• eriy< svi7-'N8130
88°0"w� Z
T` �--� �� ' N88°OB'30"w 379.14' ( g
RIDGE
N01"5t'3o"E I Q
a Q.
ran, ADDJ«T/ON NOT PLA T IED Iti Qu Z
L4W OaAER 4
aTy a-B8a7r g I
2Tth S T r Pit— zp„ ,� 2V, 'l
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No abstract of title or title commitment was provided to
this surveyor. Record research done by this surveyor
was made only for the purpose of determining the
boundary of this property and of the adjoining parcels.
Record documents other than those shown on this
survey may exist and encumber this property.
"Prospective right-of-way" is shown hereon for
information purposes only. This survey does not
dedicate any right-of-way and only represents possible
right-of-way anticipated by this surveyor. Other
rights -of -way may be required through development of
this tract which are not known to this surveyor at this
time.
SCALE: I"-100'
HEAVY LINES INDICATE PLAT LIMITS
CCFN-COUNTY CLERK FILE NUMBER
CONTROL MONUMENTS AS FOUND a SHOWN
0 - SET ]&' IRON ROD w/CAP
a - SET "mag" NAIL
0 - SET "x" CUT ON CONCRETE
BEARINGS RELATIVE TO GRID NORTH, TEXAS COORDINATE
SYSTEM OF 1983, NORTH -CENTRAL ZONE, (2011, EPOCH
2010.0). DISTANCES ARE SURFACE, U.S. SURVEY FEET.
170987 HFM/(ST)
METES AND BOUNDS DESCRIPTION of a 1.476 acre tract of land being a portion of a 9.246 acre tract of land as
described in Volume 7211, Page 70, of the Real Property Records of Lubbock County, Texas, located in Section 44,
Block AK, Lubbock County, Texas, being further described as follows:
BEGINNING at a "mag" nail set in the North line of the Southwest Quarter of Section 44, Block AK, being the
Northwest comer of said 9.246 acre tract and the Northwest comer of this tract, which bears S. 88"08'30" E. a
distance of 1320.02 feet from the Northwest comer of Southwest quarter of Section 44, Block AK, Lubbock County,
Texas;
THENCE S. 88"08'30" E., along the North line of the Southwest Quarter of said Section 44, and the Northern
boundary of said 9.246 acre tract a distance of 458-80 feet to an "x" set in concrete in the West right-of-way line of
Juneau Avenue as described in Volume 9967, Page 155 of the Official Public Records of Lubbock County, Texas
(OPRLCT), at the Northeast comer of said 9.246 acre tract and the Northeast comer of this tract;
THENCE S. 02°24'52" W., along the Eastern boundary of said 9.246 acre tract and said West right-of-way line of
Juneau Avenue, at 40.00 feet pass a "mag" nail set for a corner of Juneau Avenue as described under County Clerk
File Number (CCFN) 2014035711, OPRLCT, continuing along said right-of-way line a total distance of 145.01 feet
to a point for the Southeast comer of this tract;
THENCE N. 88"08'30" W., at 30.00 feet pass a I/2" iron rod with cap set in reference, continuing for a total distance
of 379.14 feet to a 1/2" iron rod with cap set for the most Southerly Southwest comer of this tract;
THENCE N. 01*5110" E. a distance of 27.00 feet to a 1/2" iron rod with cap set for an'ell' corner of this tract;
THENCE N. 88"08'30" W., at 48.00 feet pass a 1/2" iron rod with cap set in reference, continuing for a total distance
of 78.00 feet to a point in the East right-of-way line of Kewanee Avenue as described in Volume 876, Page 433 of
the Deed Records of Lubbock County, Texas, and the Western boundary of said 9.246 acre tract, for the most
Westerly Southwest comer of this tract;
THENCE N. 01144'15" E., along said East right-of-way line, and the Western boundary of said 9.246 acre tract of
land, a distance of 118.00 feet to the Point of Beginning.
Contains: 64,296 square feet
CERTIFICATION TO: City of Lubbock
I, Brent Carroll, Texas Registered Professional Land Surveyor No. 5410, do hereby
certify that this survey was made on the ground. A determination as to whether this
property lies within a special flood hazard area was not made for this survey.
August 10, 2017
Brent Carroll
Registered Professional
Land Surveyor No. 5410
State of Texas
FILED AND RECORDED
OFFICIAL
PUBLIC RECORDS
I
Kelly Pinion County Clerk
Lubbock Counjy TEXAS
08/31/2017 11:i0 AM
FEE: $38.00
2017031815