12-R-36 Deed without warrantyRESOLUTION NO. 12-R-36
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS ACCEPTING A DEED WITHOUT WARRANTY
FROM CENTEX HOMES TO THE CITY OF SCHERTZ, AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City accept a Deed Without Warranty ("Deed") from Centel Homes, a Nevada general
partnership, to the City; and -
WHEREAS, the City Council has determined that it is in the best interest of the City to
accept the Deed attached hereto as Exhibit A.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to accept and
record, or have recorded, the Deed in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 15th day of May, 2012.
CITY ~' SCHERTZ, TEXAS
Mayor Pro-Tem
ATTEST:
_~~~ ~'1~A19 f~
City Secretary
(CITY SEAL)
sosia2~i.t
EXHIBIT A
DEED WITHOUT WARRANTY
sosiazn.i A-1
~y~ YO13129 P60274
After Recording, Please Return to:
Return acknowledgment to:
Capitol Services, Inc. r r y
P.O. Iiox 1800~345~647 ~ 75767 I ~~ O O s ~ ~ `~
DEED WITHOUT WARRANTY
NOTICE OF CONFIDENTIALITY RIGHTS: H+ YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRH{E 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.
THE STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF GUADALUPE
THAT CENTEX HOMES, a Nevada general partnership ("Grantor"), for the sum of TEN
DOLLARS ($10.00) and other good and valuable consideration in hand paid to Grantor, the receipt and
sufficiency of which consideration are hereby acknowledged and confessed by Grantor has
DEDICATED, GRANTED, BARGAINED, SOLD, and CONVEYED and by these presents does
DEDICATE, GRANT, BARGAIN, SELL, and CONVEY unto the CITY OF SCHERTZ, TEXAS, a
Texas municipal corporation ("Grantee"), whose address is 1400 Schertz Parkway, Schertz, Texas 78154,
to have and to hold lento Grantee, Grantee's, successors and assigns forever, WITHOUT WARRANTY
OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, the following property:
Block 12, Lot 50 and Block 18, Lot 1, of the Amending Plat of Kensington Ranch Estates
Subdivision, Unit 1 P.U.D., as recorded in Volume $ ,Page ~~ of the Official
Public Records of Guadalupe County, Texas,
together with all improvements situated thereon and all rights and appurtenances pertaining thereto
(collectively, the "Pro er ").
This deed and the conveyance herein is executed by Grantor and accepted by Grantee subject to
all validly existing easements, rights-of--way, restrictive covenants and other matters of record, if any,
affecting all or any portion of the Property, together with all matters that would be revealed by au
accurate current survey or inspection of the Property.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY,
GRANTOR IS CONVEYING THE PROPERTY IN ITS "AS-IS" PHYSICAL CONDITION AND
STATE OF REPAH2, WITH ALL FAULTS, WITHOUT ANY REPRESENTATION OR
WARRANTY OF ANY KIND, AND GRANTOR DOES HEREBY DISCLAIM, ALL
WARRANTIES OF ANY TYPE OR KIND WHATSOEVER WITH RESPECT TO THE
PROPERTY, EXPRESS OR IMPLIED, INCLUDING, BY WAY OF DESCRH'TION BUT NOT
LIMITATION, THOSE OF FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY AND
USE.
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TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereunto in anywise belonging, unto Grantee, Grantee's successors and assigns, forever;
subject, however, to the matters set forth herein.
This deed is not intended to be a quitclaim and shall not be so construed and is, and is intended to
be, a conveyance of the Property rather than merely a conveyance of Grantor's interest therein.
Notwithstanding anything herein contained to the conG•ary, however, this conveyance is made without
warranty of any kind, statutory, express or implied, and all warranties that might arise by common law as
wel I as the warranties in Section 5.023 of the Texas Property Code (or its successor) are excluded.
EXECUTED to be EFFECTIVE as of the date of the acknowledgment set forth below.
CENTEX HOMES;
a Nevada general partnership
By: Centex Real Estate Corporation,
a Nevada corporation n
its Manaeine Partner / I
By:
THE STATE OP TEXAS
COUNTY OF BEXAR
Title:
President of Land
This instrument was acknowledged before me on the 30'h day of April, 2012, by Trey Marsh,
Division Vice President of Land of Centex Real Estate Corporation, a Nevada corporation, the Managing
Partner of Centex Homes, a Nevada general partnership, on behalf of said general partnership.
(SEAL) ,,,,,,,,,, ............
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Augus119, 2013
FILFD FOR RECORD
R~Q
Notary Public in and for said State
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COUNTY
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COUMY OF GUADALUPE
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