12-R-36 Centex Deed Without WarrantyRESOLUTION NO. 12-R-3~
A RESOLUTION PY THE CITY COUNCIL Oh` THE CITY OF
SCFIERTZ, TEXAS ACCEPTING A DEED VVITFIOUT V~ARRANTY
FROM CENTER HOMES TO THE CITY OF SCHERTZ, AND OTHER
MATTERS IN CONNECTION TITEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") bas recommended that the
City accept a Deed Without Warranty ("Deed") from Centex 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, TE~YAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to accept and
record, or bout recorded, the Deed in substantially the form set forth on Exhibit A.
Section 2. The recitals con#ained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution far all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or pat•ts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the exten# of such conflict, ,and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section ~l. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section S. 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 SSi, Texas Government Cade, 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:
City Secretary
(CITY SEAL)
sasiaa~t.~
EXHIBIT A
DEED WITHOUT WAIiRA1~TY
sosi~z~j.i A-~
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After Recording, Please Return to:
Return acknawtedgment ta:
Capitol Services, Inc. ~ ~~ !1 O ~,~$'~
-} P.O. Itox 1831 Austin, TX 78767 V
~f 800/345647
DE1;D WITHOUT WARRANTY
NOTICE OF CONFIDENTIALITY RIGHTS: 1F YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN IlVTEItEST IIV REAL PROPERTY BEFORIi; IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS; YOUR SOCIAL SECURTTY NUMBER OR
YOUR DRIV>JR'S LICENSE NUMBER.
THE STATE Or TEXAS §
§ KNOW ALL PER50NS BY THESE PRESENTS:
COT~NTY OF GUADALUPE &
THAT CENTEX IXOiviES, a Nevada general pat•tnersltip ("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 aura the CITY OF SCHERTZ, TEXAS, a
Texas municipal cot•poration ("Grantee"), whose address is 140Q Schertz Parkway, Schertz, Texas 78154,
to have and to hold unto Grantee, Grantee's, successors and assigns forever, WITHOUT h[~ARRANTY
OF ANY~KIND, STATUTORY, EXPRESS OR IMPLIED, the following propeit}+:
Block I2, Lot SO and Block 18, Lot 1, of the Amending Plat of Kensington Ranch Estates
Subdivision, Unit 1 P•U.D., as recorded in Volume 8 ,Page ~~ of the Official
Public Records of Guadalupe County, Texas,
together with all improvemeuts sitt-ated thereon and all rights and apput-tenances pertaining tlte~~eto
(collectively, the "Pro ei ").
This deed and the conveyance herein is executed by Grantor and accepted by Grantee subiect to
all validly existing easements, rights-af-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 art
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 REPAIR, WITH ALL FAULTS, WITHOUT ANY REPRESENTATION OR
WARRANTY OF ANY KIND, AND GRANTOR DOES HEREBY DISCLAi1VI, ALL
WARRANTIES OF ANY TYPE OR KIND WHATSOEVER WITH RESPECT TO THE
PROPERTY, EXPRESS OR IMPLIED, INCLUDING, BY WAY OF DESCRIPTION BUT NOT
LIMITATION, THOSE OI+' FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY AND
USE,
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TO HAVE AND TO HOLD the Property, togetl~er with aI[ and singular the rights and
appurtenances thereunto in anywise belattging, unto Grantee, Grantee's successors and assigns, forever;
subject, however, to the matters set forth herein.
Tltis deed is not intended to be a quitclaim and shall not be so consttued 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 contraty, however, this conveyance is made without
warranty of any kind, statutory, express or implied, and all warranties that might arise by commas law as
wel I as the warranties in Section 5.023 of the Texas Properly Code {or its silccessot) are excluded.
EXECUTED to be EFFECTNE as of tl-e date of the acknowledgment set forth below.
CENTEX HOIVIES;
a Nevada general parhiership
By: Centex Real Estate Corporation,
a Nevada ca~paration n
its Manalunsr Partner / 1
By:
THE STATE OP TEXAS §
COUNTY Or BEXAR §
Title: Division dice President of Land
This instrument was acknowledged before me on the 30`'~ day of April, 2012, by Trey Marsh,
Division Vice President of Land of Centex Real Estate Corporation, a Nevada corporation, the ivlanagiug
Partner of Centex Homes, a Nevada general pattnership, at behalf of said general partnership.
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