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Home My WebLink AboutResolution - 2012-R0159 - Deed Without Warranty - Science Spectrum - 04/10/2012Resolution No. 2012-RO159 April 10, 2012 Item No. 5.24 RESOLUTION WHEREAS, the City of Lubbock and Science Spectrum, a non-profit 501(c)(3) corporation, entered into a Land Acquisition and Management Agreement February 28, 1991, to provide for the citizens of Lubbock, an exhibition hall/auditorium for cultural, educational, and scientific programs and to contract with Science Spectrum to manage the exhibition hall/auditorium utilizing an IMAX audiovisual system for twenty years; and WHEREAS, Combination Tax and Limited Exhibition Hall/Auditorium Revenue Certificates of Obligation, Series 1991 were issued which financed the construction of the Omimax Theatre portion of the Science Spectrum pursuant to this agreement and these obligations have been repaid in connection with the issuance of the City's General Obligation Refunding Bonds, Series 1997 and the City's General Obligation Refunding Bonds, Series 1999; and WHEREAS, the City of Lubbock desires to transfer the portion of the Science Spectrum property owned by the City to the Science Spectrum to be used for the public purpose of providing an exhibition hall/auditorium for the presentation of cultural, scientific and education programs for the benefit of the City's residents; and WHEREAS, pursuant to Section 253.01l(c) of Vernon's Texas Codes Annotated Local Government Code, the City may convey its interest in the property to a non-profit corporation for public use; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Deed Without Warranty from the City of Lubbock to the Science Spectrum, as Grantee, a copy of which 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 on Apel to , 2012. T MARTIN, MAYOR ATTEST: Reber a Garza, City Secretary & APPROVED AS TO CONTENT: Leenn Dumbauld, City Manager Lc: cityatt/Linda/Res-Deed City to Science spectrum APPROVED AS TO FORM: Linda L. Chamales, Economic Development Attorney File and Return to Resolution No. 2012-RO159 Dave Booher R.O.W. City of Lubbock NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIDE 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. Deed without Warranty Date: April 10 , 2012 N b Grantor: City of Lubbock, Texas -0 o Cn Grantor's Mailing Address: N <31N Q P.O. Box 2000 Lubbock, Texas 79457 w Lubbock County Grantee: Science Spectrum Grantee's Mailing Address: 2579 South Loop 289, #250 Lubbock, Texas 79423-1400 Lubbock County Consideration: This conveyance is made and accepted pursuant to Section 253.011 of the Texas Local Government Code. The consideration for the conveyance is the agreement of the Grantee to use the property in a manner that primarily promotes a public purpose of the City of Lubbock. As further consideration, Grantee agrees to continue to operate the subject property in a manner that primarily promotes a public purpose of the City of Lubbock, by presentation of cultural or educational programs for the benefit of the citizens of Lubbock. If Grantee at any time fails to use this property for a public purpose of the City of Lubbock, ownership of the property automatically reverts to Grantor, the City of Lubbock, Texas. Property (including any improvements): Property located at 2579 South Loop 289, #250, Lubbock, Texas 79423-1400, legally described as: 1 All of Lot 3-E, a replat of Lot 3, Time's Square Addition to the City of Lubbock, Lubbock County, Texas, and a tract of land in Section 12, Block E-2, Lubbock County, Texas, being further described as follows: BEGINNING at the Northwest comer of Lot 3-E, a replat of Lot 3, Time's Square Addition to the City of Lubbock, Lubbock County, Texas; THENCE N. 89°57' E. a distance of 200.00 feet; THENCE S. 00°03' E. a distance of 167.48 feet; THENCE N. 89°57' E. a distance of 30.88 feet; THENCE S. 00°03' E. a distance of 53.17 feet; THENCE N. 89°57' E. a distance of 6.50 feet; THENCE S. 00°03' E. a distance of 23.75 feet; THENCE S. 44057' W. a distance of 9.19 feet; THENCE S. 00°03' E. a distance of 11.25 feet;. THENCE S. 44°57' W. a distance of 42.43 feet; THENCE S. 89°57' W. a distance of 0.88 of a foot; THENCE S. 00°03' E. a distance of 144.20 feet; THENCE S. 89°57' W. a distance of 200.00 feet; THENCE N. 00°03' W. a distance of 436.35 feet to the Point of Beginning; and All rights, title and interest of the City of Lubbock arising out of an Access and Use of Facilities Easement executed on March 11, 1993, and effective of March 12, 1993, recorded in Volume 4150 Page 39 of the Official Public Records of Lubbock County, Texas, covering the tract of land more particularly described as follows: A tract of land located in Section 12, Block E-2, Lubbock County, Texas, and also being a portion of Lot 3-E, a replat of Lot 3, Times Square Addition to the City of Lubbock, Lubbock County, Texas; BEGINNING at a point which bears N. 89°57' E. a distance of 200.88 feet and N. 00003' W. a distance of 144.20 feet from the Southwest corner of Lot 3-E, Times Square Addition to the City of Lubbock, Lubbock County, Texas; THENCE S. 89057'W., at 0.88 of a foot pass the East Line of Lot 3-E, Time's Square Addition, continuing for a total distance of 27.33 feet; THENCE N. 00°03' W. a distance of 41.25 feet; THENCE N. 89057' E., at 26.45 feet pass the East line of Lot 3-E, Time's Square Addition, continuing for a total distance of 33.75 feet; THENCE N. 00°03' W. a distance of 8.50 feet; THENCE N. 74°57' E. a distance of 10.26 feet; THENCE N. 15°03' W. a distance of 2.75 feet; THENCE N. 74°57' E. a distance of 14.89 feet; THENCE S. 00°03' E. a distance of 28.92 feet; THENCE S. 44°57' W. a distance of 42.43 feet to the Point of Beginning; 2 Representations and Warranties of Grantee: Grantee warrants and represents that it is a non-profit organization, exempt from federal taxation under Section 501(c)(3), Internal Revenue Code of 1986, as amended. 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. 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 THE 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. 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 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. Grantor, for the consideration and subject to the reservations and exceptions to conveyance, grants, sells, and conveys to Grantee the Property, to have and to hold it to Grantee and Grantee's successor 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 successor thereto) are expressly excluded. EXECUTED THIS loth DAY OF April , 2012. GRANTOR: CITY OF LUBBOCK TOM MARTIN, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROV D. AS TO CONTENT: Le nn Dumbauld, City Manager APPROVED AS TO FORM: Linda L. Chamales, Economic Development Attorney STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared TOM MARTIN, known to me to be the person whose name is subscribed to the foregoing instrument and who acknowledged to me that he executed the same in 4 the capacity therein stated and for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 07dayof 661 , 2012. - Notary Public in and for i bock County, Texas SLI&A SANChi Z My commission expires: 1 I ` Q r% - �20 S Notary Public, Skate of Texas My Com *ion Expires 11.01.2015 STATE OF TEXAS COUNTY OF LUBBOCK GRANTEE: SCIENCE SPECTRUM By: Name: (^1 ssa j r11fr-r L • Oezi ry Title: i?rc Sic- e n f This instrument was acknowledged before me on ay((i , D019" ,20IZby )AloYkI on behalfof SCIENCE SPECTRUM. i N69' Publ' , State of Texas '��:� AMILYNN DANIEL My commission expires: /- Lq- cU% Nokery Pubic, Siad of Texas iJiy mon ExpM 01-09.2014 FILED AND RECORDED OFFICIAL PUBLIC gRECORDS d Kelly Pinion, County Clerk Lubbock County TEXAS April 19. 2012 02:37:57 PM 2012014593 FEE: $32.00