HomeMy WebLinkAboutResolution - 2017-R0345 - Deed Without Warranty - Lawyers Guns & Money - 09/28/2017Resolution No.2017-R0345
Item No.6.5
September 28,2017
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT 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 Without Warranty for the sale of excess right-of-way
along Buddy Holly Avenue located at 507 Buddy Holly Avenue in Lubbock,Lubbock County,
Texas,by and between the City of Lubbock and Lawyers Guns &Money,LLC,of Lubbock,
Texas,and related documents.Said Deed Without Warranty is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes
of the City Council.
Passed by the City Council on September 28, 2017
ATTEST:
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Rebacca Garza,City Secretary
APPROVED AS TO CONTENT:
Dave Booher,Right-of-Way Agent
APPROVED AS TO FORM:
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RyanJirooke,Assistant City Attorney
RES. Deed Without Warranty to Lawyers Guns & Money LLC
09.05.17
DANIEL M.POPE,MAYOR
i-File and Return toC^—u^DaveBooher R.O.W.gp
Resolution No.2017-R0345 CityofLubbock —-£
NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL
PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
DEED WITHOUT WARRANTY
Date:September 28 ,2017
Grantor:City of Lubbock,Texas
Grantor's Mailing Address:
P.O.Box 2000
Lubbock, Lubbock County, Texas 79457
Grantee:Lawyers Guns & Money, LLC
Grantee's Mailing Address:
2301 Broadway
Lubbock, LubbockCounty, Texas 79401
Consideration:
Tenand No/100 Dollars ($10.00)andothergoodand valuable consideration.
Property (including any improvements):
That certain real property located at 507 Buddy Holly Avenue in Lubbock,Lubbock
County,Texas,and being more particularly described as the West Ten (10)feet of
Lot Nine (9),in Block Twenty-five (25)of the Original Town of Lubbock,Lubbock
County,Texas.
Reservations From Conveyance:
None
Exceptions to Conveyance:
None
Deed Without Warranty pa -|0f 4
s
Representations and Warranties of Grantee:
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,
Deed Without Warranty Page 2 of 4
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.
GRANTOR, FOR THE CONSIDERATION AND SUBJECT TO THE
RESERVATIONS FROM CONVEYANCE AND EXCEPTIONS TO
CONVEYANCE, GRANTS, SELLS, AND CONVEYS TO GRANTEE THE
PROPERTY, TOGETHER WITH ALL AND SINGULAR THE RIGHTS AND
APPURTENANCES THERETO IN ANY WAY BELONGING, TO HAVE AND
TO HOLD IT TO GRANTEE AND GRANTEE'S SUCCESSORS AND
ASSIGNS FOREVER, WITHOUT WARRANTY, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE. 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.
EXECUTED THIS 28th DAY OF September , 2017.
GRANTOR:
CITY OF LUBBOCK
DANIEL M. POPE, MAYOR
.. ,..,.
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ATTEST:
Re Ica Qarza, City Secr ary
APPROVED AS TO CONTENT:
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Dave Booher, Right -of -Way Agent
,LC
Deed Without Warranty Page 3 of 4
APPROVED AS TO FORM:
Ryan B oke, ssis ant City Attorney
STATE OF TEXAS
COUNTY OF LUBBOCK § 11
This instrument was acknowledged before me on thi4-ay o
2017 by Daniel M. Pope, Mayor of the City of Lubbock.
cos""" JENNIFER SOWDER CLEMENTS
* Notary Public, State of Texas
s, g Notary IN 12497068.3
QI " My Commission Expires 06.28-2020
FILED
AND
RECORDED
OFFICIAL PUBLIC
RECORDS
Kelly PinionCounty Clerk
Lubbock Couniy, TEXAS
10/09/2017 09'16 AM
PEE: $3E.00
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tary Public, State of Texa /Ow
y commission expires:
Deed Without Warranty Page 4 of 4