HomeMy WebLinkAboutResolution - 2005-R0015 - Deed Transfer To North and East Lubbock Community Development CorpResolution No. 2005-R0015
January.13, 2005
Item No. 31
RESOLUTION
WHEREAS, the North & East Lubbock Community Development Corporation
desires to acquire 4.73 acres of land located at 1802 Parkway Drive for development of a
15,000 square foot shopping center that will generate economic development for this
enterprise zone and provide access to convenience goods for the community; and
WHEREAS, this land is a portion of a tract owned by the City of Lubbock upon
which the Patterson Library is located; and
WHEREAS, the City and the North & East Lubbock Community Development
Corporation have agreed upon a value of $11, 352.00 for the property; and
WHEREAS, the Library Board has recommended that the property be sold to the
North & East Lubbock Community Development Corporation for economic development
purposes; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT upon receipt by the City of the agreed value, $11,352.00, within 180 days of the
date of this Resolution, the Mayor of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Deed transferring the 4.73
acres of land located at 1802 Parkway Drive to the North & East Lubbock Community
Development Corporation for economic development purposes, and any other related
documents. Said Deed is attached hereto and incorporated in this Resolution as if fully
set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 13th day of January , 2005.
ARC McD G L, MAYOR
ATTEST:
Reh4cca Garza, City Secretary
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Rob Ali , i Linda Chamales,
Business Services Senior Attorney, Office Practice
LC: /city att/Linda/RES- N & E Lubbock CDC -Deed
December 29, 2004
Resolution No. 2005-R0015
DEED WITHOUT WARRANTY
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This Deed Without Warranty, dated this 19th day of July ,
2005, is by and between the City of Lubbock, Texas, a Texas home -rule municipal
corporation ("Grantor"), whose address is P. O. Box 2000, Lubbock, Texas 79457 and
the North & East Lubbock Community Development Corporation, a Texas non-profit
corporation, ("Grantee'), whose address is 415 N. Ivory, P.O. Box 3893, Lubbock, Texas
79452.
WHEREAS, Grantor is the owner of certain lands, being described on Exhibit
"A" attached hereto ("Lands'), located in a historically underutilized section of the City
of Lubbock, Texas;
WHEREAS, the Lands are located in a reinvestment zone designated as provided
by law and that Grantor desires to have developed under a project plan adopted by the
Grantor for the reinvestment zone as provided in Section 272.001(b)(6) of the Local
Government Code of Texas;
WHEREAS, Grantor finds that development in the historically underutilized
section of the City of Lubbock, Texas would promote local economic development and
stimulate business and commercial activity within the City of Lubbock, Texas;
WHEREAS, Grantor further finds that the development of the historically
underutilized section of the City of Lubbock accomplishes the public purposes of
development and diversification of the economy, would promote, assist and enhance
Deed Without Warranty Page 1 of 6
economic development and would aid in reducing unemployment and underemployment
within the City of Lubbock, Texas;
WHEREAS, Grantor further finds that Grantee, through its contemplated use of
the Lands, will accomplish all of such public purposes described above;
WHEREAS, for the benefits of the economic development enhancement activities
and purposes described herein, Grantor now desires to convey the Lands, as set forth
below, to Grantee.
NOW, THEREFORE, the CITY OF LUBBOCK TEXAS, a Texas home -rule
municipal corporation, for and in consideration of the sum of Ten and No One Hundred
Dollars ($10.00), and other good and valuable consideration to Grantor, including
without limitation, the benefits to Grantor as set forth above, the receipt and sufficiency
of which are hereby acknowledged and confessed, has GRANTED, SOLD, and
CONVEYED, and by these presents does hereby GRANT, SELL, and CONVEY without
warranty of any kind or type, unto North & East Lubbock Community Development
Corporation, a Texas non-profit corporation, all of the real property located in Lubbock
County, Texas, described on Exhibit "A" attached hereto, together with all fixtures and
improvements attached thereto ("Property").
Grantee represents and warrants to Grantor that it has made an independent
inspection and evaluation of the Property and the title to same and acknowledges that
Grantor has made no statements or representations concerning the present or future value
of the Property, the state of title of the Property, the condition, including the
environmental condition of the Property, or the anticipated income, costs, or profits, if
any, to be derived from the Property.
Deed Without Warranty Page 2 of
FURTHER, GRANTOR MAKES NO REPRESENTATIONS OR
WARRANTIES WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED,
INCLUDING, BUT WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE,
INCLUDING WITHOUT LIMITATION, THE EXISTENCE OF LIENS AGAINST
THE PROPERTY, THE VALUE, QUALITY, PHYSICAL AND ENVIRONMENTAL
CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR
LOCATED IN, ON OR UNDER THE PROPERTY AND/OR IMPROVEMENTS
LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC USE OF THE
PROPERTY, MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF T14E
PROPERTY. Grantee further acknowledges that, in accepting this Deed Without
Warranty, it has relied solely upon its independent evaluation and examination of the
Property, and public records relating to the Property and the independent estimates,
computations, evaluations and studies based thereon. Grantor makes no warranty or
representation as to the accuracy, completeness or usefulness of any information
furnished to Grantee, if any, whether furnished by Grantor or any other third party.
Grantor, its officers, employees, elected officials, independent contractors, and agents
assume no liability for the accuracy, completeness or usefulness of any material furnished
by Grantor, or any of its officers, employees, elected officials, independent contractors
and/or agents, if any, and/or any other person or party. Reliance on any material so
furnished shall not give rise to any cause, claim or action against Grantor, its officers,
employees, elected officials, independent contractors and/or agents, and any such reliance
shall be at Grantee's sole risk.
Deed Without Warranty Page 3 of 6
THE CONVEYANCE OF THE PROPERTY SHALL BE ON A "WHERE IS",
"AS IS", AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT
REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESSED,
STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO
TITLE, INCLUDING, BUT NOT LIMITED TO THE EXISTENCE OF LIENS
AGAINST THE PROPERTY, THE DESCRIPTION, PHYSICAL AND
ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS
CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY AND/OR
IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST OR
HISTORIC USE OF THE PROPERTY, QUALITY, VALUE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR OTHERWISE. Grantee has satisfied itself as to
the title, type, condition, quality and extent of the property and property interests which
comprise the Property it is receiving pursuant to this Deed Without Warranty.
Grantee shall utilize the Property for economic development purposes on or
before three (3) years from the date of this conveyance ("Fee Simple Determinable
Condition"). The term "economic development purposes" shall mean (i) the promotion,
assistance and enhancement of development and diversification of the economy of the
City of Lubbock; and/or (ii) aiding in reducing unemployment and underemployment
within the City of Lubbock. The term "economic development purposes" would include,
without limitation, Grantee developing the Property into income producing and/or ad
valorem tax paying business(es) or conveying the Property to a third party to accomplish
same. In the event the Fee Simple Determinable Condition has been satisfied at the
expiration of the three (3) year term described herein, the Fee Simple Determinable
Deed Without Warranty Page 4 of 6
Condition shall expire and terminate. An affidavit sworn to by the City Manager of the
Grantor stating that the economic development purposes have been met, is conclusive
evidence that this condition or limitation has been satisfied, and all parties may rely upon
same.
To have and to hold the Property to Grantee and Grantee's successors and assigns
forever, without warranty, express or implied, statutory or otherwise, and all warranties
that might arise by common law and the warranties created by Section 5.023 of the Texas
Property Code (and all amendments and successors thereto) are expressly excluded, for
so long as the Fee Simple Determinable Condition is satisfied, or if the Fee Simple
Determinable Condition is not satisfied, the Property will automatically revert to and be
owned by Grantor without the necessity of any action by Grantor, it being the intent of
Grantor to convey a fee simple determinable estate in the Property to Grantor.
EXECUTED THIS I q `� DAY OF T t, L,Y , 2005.
ATTEST:
R&-e�� . -TNC� ---%
Rebecca Garza, City Secretary
Deed Without Warranty Page 5 of 6
APPROVED AS TO CONTENT:
Ed Bucy
Right -of -Way Agent
APPROVED AS TO FORM:
Richard K. Casner
First Assistant City Attorney
State of Texas
County of Lubbock
This instrument was acknowledged before me on this l a —" day of
2005 by Marc McDougal as Mayor of the City of Lubbock.
CELIA WEBB
Notary Public, State of Texas
My Cammissio03-01-2006
� Expires
State of Texas §
County of Lubbock §
No ublic, State of Texas
My commission expires: 403-01- aod t,
This instrument was acknowledged before me on this . 18.o\ day of
_ &W , 2005 by -,�J1rn iC i as f for North
& East Lubbock Community Development Corporation.
AMBER Nau SIMPSON
' Notary Pubk, State of Tom Notary Public, State of Texas
My Commission Bon
07-27-2008 My commission expires:
as/fJcityatt(Richard/Deed WithoutWarrantyFeeSimpleDeterminableCondition
Deed Without Warranty
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