13-R-33 - Centex Homes Deed without warrantyRESOLUTION NO. 13 -R -33
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS ACCEPTING A CORRECTION DEED WITHOUT
WARRANTY FROM CENTEX HOMES TO THE CITY OF SCHERTZ
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City accepted a Deed Without Warranty ( "Original Deed ") from Centex
Homes, a Nevada general partnership to the City of Schertz (the "City ") with an effective date of
April 30, 2012 and recorded in Volume 3129, Page 274 of the Official Public Records of
Guadalupe County; and
WHEREAS, the Original Deed contained a scrivener's error as to the legal description of
the Property conveyed by the Original Deed; and
WHEREAS, the City staff of the City has recommended that City staff of the City accept
a Correction Deed Without Warranty ("Correction Deed ") from Centex Homes to the City to
correct the legal description; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
accept the Correction 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 staff to accept and record, or
have recorded the Correction 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 16th day of April, 2013
CITY OF XAS
rc ael R. Carpenter, Mayor
ATTEST:
kA
1
renda Dennis, City Secretary
(CITY SEAL)
50629546.2
EXHIBIT A
Correction Deed
To be attached
50629546.2 A -1
4'C v014070 P60776
After Recording, Please Return to:
Fulbright & Jaworski L.L.P,
300 Convent Street, Suite 2100
// San Antonio, Texas 78205
Attention: Katherine A. Tapley }
CORRECTION DEED WITHOUT WARRANTY
NOTICE OF CONFIDENTL%LITY 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 NUFMBER,
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 ( "Grantce" ), whose address is 1400 Schertz Parkway, Schertz, Texas 78154,
to have and to hold unto Grantee, Grantee's, successors and assigns forever, WTTIIOUT WARRAN'T'Y
OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, in that approximately 5.714 acres of real
property located in Guadalupe County, Texas {"Tract 1 ") and that approximately 5.659 acres of real
property located in Guadalupe County, Texas ("Tract 2 ") and more particularly described in Exhibit "A"
attached hereto and incorporated herein by reference for all purposes, together with all improvements
situated thereon and all rights and appurtenances pertaining thereto (Tract 1 and Tract 2 are collectively
hereinafter referred to as the "Prop ').
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 an
accurate current survey or inspection of the Property.
NOTWITHSTANDING ANYTH] NG 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 DISCLAIM, ALL
WARRANTIES OF ANY TYPE OR HIND WHATSOEVER WITH RESPECT TO THE
PROPERTY, EXPRESS OR IMPLIED, INCLUDING, BY WAY OF DESCRIPTION BUT NOT
LIMITATION, THOSE OF FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY AND
USE.
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.
Kensington -Ranch Con=tion Decd 031513
r014070 P60777
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 contrary, however, this conveyance is made without
warranty of any kind, statutory, express or implied, and all warranties that might arise by common law as
well as the warranties in Section 5.023 of the Texas Property Code (or its successor) are excluded.
This Correction Deed Without Warranty ("Deed ") is made as a correction deed in substitution of
that certain. Deed Without Warranty ( "Original Deed ") with an effective date of April 30, 2012 and
recorded in Volume 3129, Page 274 in the Official Public Records of Guadalupe County, Texas, to
correct the legal description of the Property that was granted, bargained, sold, and conveyed to the
Grantee. Other than the stated corrections, this Decd is intended to restate in all respects the Original
Deed, and the effective date of this Deed dates back to the effective date of the Original Deed.
WITH AN EFFECTIVE DATE OF APRIL 30, 2012,
CENTEX HOMES,
a Nevada general partnership
By: Centex Real Estate Corporation,
a Nevada corporation
its Managing Partner
By:
/Laurin Darnell
Title: Division President
THE STATE OF TEXAS
• jaI be : . :
This instrument was acknowledged before me on then day of March, 2013, by Laurin Darnell,
Division President 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)
UNDA W EDNIONos r ;
Nolory Public, Stcre of ioxt�s Notary Pub is in and for
My Commission ;spires
Jung 1 1, 241 d
Kensington Ranch Con-cetion Deed 031513
Y614070 P60778
EXHIBIT A
Property Description
Tract 1: of
5.714 acres of land being that same portion of Block 12 designated as Variable Width Drainage Right of
Way per plat of Kensington Ranch Estates Subdivision, Unit 1 P.U.D. recorded in Volume 8, Pages 1 -4 of
the peed and Plat Records of Guadalupe County, Texas; said 5.714 acres of land being more particularly
described as follows-
Beginning: At a point on the Northerly Right of Way line of Savannah Drive being the East corner of
the herein described tract;
Thence: S59 °1 9'32 "W, 311.40 feet along the Northerly Right of Way line of Savannah Drive to a
point being the East comer of Lot 50, Block 12 (designated as Common Open Space) per
said plat of Kensington Ranch Estates Subdivision, Unit 1 P.U.D., said point also being the
South corner of the herein described tract;
Thence: Along the Easterly boundary of said Lot 50, Block 12, the following:
N30 039'57 "W, 128.98 feet leaving the Northerly Right of Way line of Savannah Drive to a
point of curvature;
291.66 feet with the arc of a curve concave to the Southwest, having a radius of 366.46
feet, a central angle of 45 °36'02" and a chord bearing and distance of N50 °29'22 "E,
284.02 feet to a point of tangency;
N73'1 7'23'V, 149.64 feet to a point for an angle;
N71 648'46 "W, 26.28 feet to a point being the North corner of said Lot 50, Block 12 and
the West corner of the herein described tract,
Thence: N59 946'43 "E, 516.65 feet along the Northerly boundary of said Block 12 Variable Width
Drainage Right of Way to a point being the North corner of the herein described tract;
Thence:. Along the Easterly boundary of said Block 12 Variable Width Drainage Right of Way, the
following:
530 °35'49 "E, 717.77 feet to a point for an angle;
S30 °32'45 "E, 7.90 feet to the POINT OF BEGINNING, containing 5.714 acres of land.
50601370.1 A -1
YOL4070 P60779
Tract 2: Property Description
of
5.659 acres of land being that same portion of Block 18 designated as Variable Width Drainage Right of
Way per plat of Kensington Ranch Estates Subdivision, Unit 1 P.U.D. recorded in Volume 8, Pages 1 -4 of
the Deed and Plat Records of Guadalupe County, Texas; said 5.659 acres of land being more particularly
described as follows:
Beginning: At point on the Southerly Right of Way line of Savannah Drive being the North corner of
the herein described tract;
Thence: S30 °32'45" 1, 672.07 feet leaving the Southerly Right of Way line of Savannah Drive along
the Easterly boundary of said Block 18 Variable width Drainage Right of Way to a point
being the East corner of the herein described tract;
Thence: Along the Southerly boundary of said Block 18 Variable Width Drainage Right of Way,
the following;
S58 019'14 "W, 11.09 feet to a point for an angle;
S58 045'10 0W, 241.62 feet to a point for an angle;
S59 °25'39 "W, 201.85 feet to a point being the East corner of Lot 1, Block 18 (designated
as Common Open Space) per plat of Kensington Ranch Estates Subdivision, Unit 1 P.U.D.
and the South corner of the herein described tract;
Thence: Along the Easterly boundary of said Lot 1, Block 18, the following:
N30 °57'1 9 "W, 13.09 feet to a point of curvature;
304.64 feet with the arc of a curve concave to the East, having a radius of 604.00 feet, a
central angle of 28 953'54° and a chord bearing and distance of N16'30'22 "W, 301.42 feet
to a point of tangency;
NO2 °03'26 "W, 99.46 feet to a point of curvature;
199.14 feet with the arc of a curve concave to the West, having a radius of 398.82 feet, a
central angle of 28 °36'31" and a chord bearing and distance of N16 °21'41 "W, 197.07 feet
to a point of tangency;
N30 °39'57 4W, 90.71 feet to a point on the Southerly Right of Way line of Savannah Drive
being the North corner of said Lot 1 Block 18 and the West corner of the herein
described tract;
Thence: N59 °19'32 "E, 285.97 feet along the Southerly Right of Way line of Savannah Drive to the
POINT OF BEGINNING, containing 5.659 acres of land.
50601370.1 A -2
V614070 Pomo
This page has been added by the Guadalupe County Clerk's office to
comply with the statutory requirement that the clerk shall stamp the
recording information at the foot of-the last page of the document.
This page becomes a part of the document identified by Document Number
_ affixed on the first page of this document,
FILED FOR RECORD
13 APR 18 PM 3• 11
TERESA KIEL.
C4URTY CLERK GUADALUPE CQUHTY
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STATE OF I E�XAS
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