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Home My WebLink AboutR20-468314 STATE OF TEXAS § COUNTY OF HALE § RESOLUTION R-20-468 RESOLUTION ACCEPTING DONATION OF 2.947 ACRE TRACT OF LAND BEING THE SAME TRACT OF LAND AS LOTS 14-23, BLOCK 4, AND LOTS 1-8 & 24 AND 25, BLOCK 10, WEST LYNN ADDITION TO THE CITY OF PLAINVIEW, HALE COUNTY, TEXAS FROM CUPAR CREEK, LLC. WHEREAS, Cupar Creek, LLC, a Texas limited liability company, owns a 2.947 acre (128,386.7 Sq. Ft.) tract of land being the same tract of land as Lots 14-23, Block 4 and Lots 1-8 & 24 and 25, Block 10, West Lynn Addition to the City of Plainview, Hale County, Texas, as recorded in Volume 429, Page 473, Deed Records of Hale County, Texas (DRHCT), and out of Section 39, Block JK2, Hale County, Texas more particularly described in the Special Warranty Gift Deed attached hereto and incorporated herein (the "Property"); and WHEREAS, Cupar Creek, LLC, desires to donate the Property to the City of Plainview, Texas, for public purposes; and WHEREAS, the City of Plainview, agrees to accept this donation of the Property and agrees to use the Property for public purposes; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plainview, Texas: THAT the City of Plainview hereby accepts the Property as described above and as owned by Cupar Creek, LLC as conveyed to the City of Plainview by the Special Warranty Gift Deed that is attached hereto as Exhibit "A" and incorporated herein as though set forth fully herein. THAT City of Plainview shall use the Property and any proceeds or revenue generated by the Property for public purposes as authorized by the laws of the State of Texas. THAT the Mayor is hereby authorized and directed to record this resolution and attached Special Warranty Gift Deed with the Real Property Records of Hale County, Texas and to enter into and execute any such ancillary documents as necessary to affect the acceptance of this donation. Resolution R20-468 Page 1 of 2 315 1 PASSED AND APPROVED, this the 101h day of March, 2020. ende I Dunlap,May-or ATTEST: /) I /' - —I Belinda HikQjos4, City Secretary APPROVED AS TO CONTENT: Jeffrey,SrnA�ity Manager APPROVED AS TO FORM: Matth w L. Wade, City Attorney Resolution R20-468 Page 2 of 2 316 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Gift Deed Date: March 16, 2020 Grantor: Cupar Creek, LLC, a Texas limited liability company Grantee: City of Plainview, a Texas municipality 901 Broadway Street Plainview, Texas 79072 Consideration: Grantor's intention to make a gift as a charitable contribution under applicable income tax laws and regulations. Property (including any improvements): Metes and Bounds Description on a 2.947 acre (128,386.7 Sq. Ft.) tract of land being the same tract of land as Lots 14-23, Block 4 and Lots 1-8 & 24 and 25, Block 10, West Lynn Addition to the City of Plainview, Hale County, Texas, as recorded in Volume 429, Page 473, Deed Records of Hale County, Texas (DRHCT), and out of Section 39, Block JK2, Hale County, Texas, and being more particularly described as follows: Beginning at a found 1/2" iron pipe in the South line of a 20 foot alley dedicated by plat of said West Lynn Addition for the most Northerly Northwest corner of said Lot 23, Block 4, and for the most Northerly Northwest corner of this tract; Thence East, with the South line of said 20 foot alley, 487.50 feet to a found 1/2" iron pipe for the most Northerly Northeast corner of said Lot 14, Block 4, and for the most Northerly Northeast comer of this tract; Thence S45000'00"E, 21.21 feet to a found 1/2" iron pipe in the West line of a 20 foot alley dedicated by plat of West Lynn Addition to the City of Plainview, Hale County, Texas, as recorded in Volume 255, Page 281, DRHCT, for the most Easterly Northeast corner of said Lot 14, Block 4, and for the most Easterly Northeast corner of this tract; Thence South, with the West line of said 20 foot alley, 112.50 feet to a found 1" iron pipe in the North Right of Way line of 22nd Street dedicated by plat of said West Lynn Addition, for the Southeast corner of said Lot 14, Block 4, and for a corner of this tract; Thence West, with the North Right of Way line of said 22nd Street, 370.42 feet to a set 1/2" iron rod with blue cap marked DELTA RPLS 6684 for a comer of this tract; Thence Northwesterly, with the North Right of Way line of said 22nd Street and with the arc of a curve to the right, an arc length of 25.23 feet to a set 1/2" iron rod with blue cap T Uwedaick TullisiCuEw Creek to City of PfewvKvvAxx4d Wwmoty Deed022720.wpd 317 1 1 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 when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. GRANTEE IS TAKING THE PROPERTY IN AN ARM'S-LENGTH AGREEMENT BETWEEN THE PARTIES. THE CONSIDERATION WAS BARGAINED ON THE BASIS OF AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE AGREEMENT OF THE PARTIES THAT THERE ARE NO REPRESENTATIONS OR EXPRESS OR IMPLIED WARRANTIES EXCEPT THE WARRANTY OF TITLE CONTAINED HEREIN. GRANTEE HAS NOT RELIED ON ANY INFORMATION OTHER THAN GRANTEE'S INSPECTION. When the context requires, singular nouns and pronouns include the plural. Cupar Creek, LLC, a Texas limited liability company, Richard Lyn Tullis, duly authorized Manager STATE OF TEXAS COUNTY OF At 1-21r li h N Before me, the undersigned authority, on this day personally appeared Richard Lyn Tullis, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that Richard Lyn Tullis executed the same as the act of Cupar Creek, LLC, a Texas limited liability company, as its duly authorized Manager, for the purposes and consideration therein expressed. Given under my hand and seal of office this 141% day of M A R 414 , 2020. �111' KeUey Rae Norcross •' M a r cr�ala2m �•fi01 Exams• Iota^, of Texas A 10 No. 131873M My commission expires: 1 O Fo Z 3 U:'Rick Tullis%Cupar Creek to City of Pie mvlew�Spectat warranty Deed022720,wpd 318 marked DELTA RPLS 6684 for the end of said curve to the right and for a corner of this tract; said curve having a radius of 30.00 feet, a central angle of 48°11'23", and a chord that bears N65°54' 19"W, a chord distance of 24.49 feet; Thence with the arc of a curve to the left, an arc length of 289.42 feet to a set 1/2" iron rod with blue cap in the South Right of Way line of said 22nd Street for the end of said curve to the left and for a corner of this tract; said curve having a radius of 60.00 feet, a central angle of 276°22'46", and a chord that bears South, a chord distance of 80.00 feet; Thence Northeasterly, with the South Right of Way line of said 22nd Street and with the arc of a curve to the right, an arc length of 25.23 feet to a set 1/2" iron rod with blue cap marked DELTA RPLS 6684 for the end of said curve to the right and for a comer of this tract; said curve having a radius of 30.00 feet, a central angle of 48° 11'23"E, a chord that bears N65°54' 19"E, a chord distance of 24.49 feet; Thence East, with the South Right of Way line of said 22nd Street, 370.42 feet to a found 1/2" iron pipe in the West line of a 20 foot alley dedicated by plat of said West Lynn Addition, for the Northeast corner of said Lot 8, Block 10, and for a corner of this tract; Thence South, with the West line of said 20 foot alley, 112.50 feet to a found 1/2" iron pipe for the most Easterly Southeast corner of said Lot 8, Block 10, and for the most Easterly Southeast corner of this tract; Thence S45°00'00"W, 21.21 feet to a found 1/2" iron pipe in the North line of a 20 foot alley dedication by plat of said West Lynn Addition, for the most Southerly Southeast corner of said Lot 8, Block 10, and for the most Southerly Southeast corner of this tract; Thence West, with the North line of said 20 foot alley, 487.50 feet to a set 1/2" iron rod with blue cap marked DELTA RPLS 6684 for the most Southerly Southwest corner of said Lot 24, Block 10, and for the most Southerly Southwest corner of this tract; Thence N45°00'00"W, 21.21 feet to a set 1/2" iron rod with blue cap marked DELTA RPLS 6684 in the East line of a 20 foot alley dedicated by plat of said West Lynn Addition for the most Westerly Southwest comer of said Lot 24, Block 10, and for the most Westerly Southwest corner of this tract; Thence North, with the East line of said 20 foot alley, 285.00 feet to the Point of Beginning. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: Validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded and validly existing instruments, other than conveyances of the surface fee estate, that affect the Property; and taxes for 2020, which Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes. 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, U 'Rick Tullia'.Cupar Creek to City of Plautvitw'$pecial W one aty Dee4022720 wpd