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HomeMy WebLinkAboutResolution - 2017-R0388 - Nelson Martin - 10/26/2017Resolution No. 2017-RO388 Item No. 6.5 October 26, 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 Cite of Lubbock, Contract No. 13578 for the sale of a tract of land located in Block 4, Lot 9, Country Club Addition, Lubbock County, Texas, as per ITB 17- 13578-KW, by and between the City of Lubbock and Nelson Martin, of Lubbock, Texas, and related documents. Said Contract 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 October 2.6. 2017 DANIEL M. POPE, MAYOR ATTEST: APPROVED AS TOIcONTENT: Wood" FrAfiklin, P.E., Director of Public Works APPROVED AS TO FORM: Ry B oke, ssi tant City Attorney ccdocs RES.Contract 13578.Country Club Addition Lot 10.05.2017 Resolution No. 2017-RO388 City of Lubbock, TX Contract for Sale of City Property One Lot Located at Country Club Addition CONTRACT NO. 13578 This Contract is entered into as of the 26th day of October, 2017 ("Effective Date") by and between, Nelson Martin (the "Buyer"), and the City of Lubbock (the "Seller"). WHEREAS, Seller owns that certain tract of land located in Lubbock County, Texas, being described on Attachment "A" attached hereto (the "Land"); and WHEREAS, Seller desires to sell and convey the Land, the rights appurtenant to the Land, and the fixtures affixed to the Land (collectively, the "Property") to Buyer. ARTICLE I SALE AND PURCHASE Section 1.1. Sale and Purchase. Subject to the terms and conditions of this Contract, Seller shall sell and Buyer shall purchase and pay for, on October 26, 2017, or at such time thereafter as the Seller may direct (the "Closing Date"), without warranty, either expressed or implied, the Property. ARTICLE II PURCHASE PRICE Section 2.1. Purchase Price. The Purchase Price (herein so called) to be paid by Buyer to Seller for the Property shall be $501.13. Section 2.2. Earnest Money. Buyer shall deposit ten percent (10%) of the Purchase Price on September 26, 2017, as Earnest Money (herein so called), in cash or cashier's check, with Davy Booher, P. O. Box 2000, Lubbock, Texas 79457, (806) 775-2352, upon execution of this Contract by Buyer. In the event Buyer shall not be awarded the bid for the purchase of the Property, the Earnest Money shall be returned to the Buyer, upon Buyer's execution of a release satisfactory in form and substance to Seller, on or before ten (10) business days after the awarding of the successful bid. Seller shall be deemed to have offered to return the Earnest Money deposit upon contacting Buyer at the address and/or phone number set forth in the Bid Form described in Section 10.01, below. Section 2.2. Payment of Purchase Price. The Purchase Price shall be payable to Seller, in cash or other immediately available funds, at the Closing Date. ARTICLE III INDEPENDENT INVESTIGATION AND DISCLAIMER Section 3.1. Independent Evaluation. Buyer has made an independent inspection and evaluation of the Property and the title to same and acknowledges that Seller, except as provided in the Contract Documents, as defined below, has made no statements or representations concerning the present or future value of the Property, the state of the title to 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, SELLER MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE, INCLUDING, WITHOUT LIMITATION, TO 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. Buyer further acknowledges that, in entering into this Contract, he/she/it has relied solely upon his/her/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. Seller makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Buyer, if any, whether furnished by Seller or any other third party. Seller, its officers, employees, elected officials and agents assume no liability for the accuracy, completeness or usefulness of the material furnished by the Seller, or any of its officers, employees, elected officials 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 Seller, its officers, employees, elected officials and/or agents, and any such reliance shall be at Buyer's sole risk. Section 3.2. Disclaimer -No Warranty, Expressed or Implied. THE DEED WITHOUT WARRANY OF THE PROPERTY DESCRIBED ON EXHIBIT "B" 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. Buyer has satisfied himself/herself/itself, as to the title, type, condition, quality and extent of the property and property interests which comprise the Property he/she/it is receiving pursuant to this Contract. ARTICLE IV REPRESENTATIONS, WARRANTIES AND COVENANTS OF BUYER Section 4.1. Representations, Warranties and Covenants of Bum. To induce Seller to enter into this Contract and to consummate the sale and purchase of the Property in accordance herewith, Buyer represents and warrants to Seller, as of the Closing Date, that: (a) Buyer has the full right, power and authority to purchase the Property from Seller as provided in this Contract and to carry out all of Buyer's obligations under this Contract, and all requisite action necessary to authorize Buyer to enter into this Contract and to carry out Buyer's obligations hereunder have been, or on or before the Closing Date, will have been taken. (b) Buyer hereby acknowledges that Buyer has been advised by Seller that it should conduct, and Buyer acknowledges, and represents and warrants to Seller, that it has conducted all investigation activities described herein. (c) Buyer has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction and has not taken any action which would result in any real estate broker commissions or finders' fee or any other fee or fees payable to any other party with respect to the transaction contemplated in this Contract. (d) Buyer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to any aspect of the transaction contemplated by this Contract. Section 4.2. Survival Beyond Closing. The representations, warranties and covenants of Buyer contained in this Contract, as set forth in this Article IV shall survive the Closing. ARTICLE V INDEMNITY AND RELEASE Section 5.1. Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, BUYER RELEASES AND SHALL INDEMNIFY AND HOLD HARMLESS SELLER, AND SELLER'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED, IN ANY WAY, MANNER OR FORM, TO THE TRANSACTIONS AND ACTIVITIES CONTEMPLATED HEREUNDER, THE OMISSION OF THE TRANSACTIONS AND ACTIVITIES HEREUNDER, OR CAUSED BY, CONNECTED WITH, OR RELATED TO THE PRESENCE, DISPOSAL, OR RELEASE OF ANY MATERIAL OF ANY KIND INCLUDING, WITHOUT LIMITATION, HAZARDOUS SUBSTANCES, AS DEFINED IN THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (42 U.S.C.S. §9601(14)), AND THE REGULATIONS PROMULGATED THEREUNDER, AS EACH OF SAME MAY BE AMENDED, PETROLEUM AND PETROLEUM PRODUCTS AND BYPRODUCTS AND/OR ASBESTOS IN ANY FORM, FROM OR UPON THE PROPERTY AT THE TIME IT IS CONVEYED TO BUYER OR THEREAFTER, EVEN THOUGH ANY OF THE ABOVE ARE CAUSED, OR CONTRIBUTED TO, BY THE NEGLIGENCE OR FAULT OF SELLER, ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS. THE BUYER FURTHER COVENANTS AND AGREES TO DEFEND ANY SUITS OR ADMINISTRATIVE PROCEEDINGS BROUGHT AGAINST THE SELLER, AND/OR THE SELLER'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS ON ACCOUNT OF ANY SUCH CLAIM, AND TO PAY OR DISCHARGE THE FULL AMOUNT OR OBLIGATION OF ANY SUCH CLAIM INCURRED BY, ACCRUING TO, OR IMPOSED ON THE SELLER, THE SELLER'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, RESULTING FROM ANY SUCH SUITS, CLAIMS AND/OR ADMINISTRATIVE PROCEEDINGS OR ANY MATTERS RESULTING FROM THE SETTLEMENT OR RESOLUTION OF SAID SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS. IN ADDITION, THE BUYER SHALL PAY TO THE SELLER, THE SELLER'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, ALL ATTORNEYS' FEES INCURRED BY SUCH PARTIES. Section 5.2. Survival Beyond Closing. The indemnity provisions contained in this Contract, as set forth in this Article V, shall survive the Closing. ARTICLE VI CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE Section 6.1. Breach of Buyer's Representations, Warranties and Covenants. Seller is not obligated to perform under this Contract unless all of the representations, warranties, covenants and agreements of Buyer set forth in this Contract are true and correct in all material respects as of the Closing Date. ARTICLE VII CLOSING Section 7.1. Place of Closing. The Closing (herein so called) shall take place on the Closing Date in the offices of the City of Lubbock, Office of the Right -of -Way Agent, Davy Booher, 1625 13th Street, Lubbock, Texas. Section 7.2. Closing. (a) Items to be Delivered at Closing - Seller. At Closing, Seller shall deliver to Buyer, at its sole cost and expense, the following item: (i) A Deed Without Warranty, in the form attached hereto as Exhibit "B", duly executed by Seller and acknowledged. Buyer shall be responsible for any and all costs associated with the recording of said Deed Without Warranty. (b) Items to be Delivered at Closing - Bum. At Closing, Buyer shall deliver to the Seller the following items: (i) the cash sum required by Section 2.1; (ii) A Deed Without Warranty, in the form attached as Exhibit `B", duly executed by Buyer and acknowledged; (iii) any other items reasonably requested by the Seller as administrative requirements for consummating the Closing. Section 7.3. Responsibilities of Buyer. Notwithstanding anything to the contrary herein, this Section 7.3 shall survive the Closing. Buyer shall be solely responsible for the following items: (a) Ad valorem taxes relating to the Property for the calendar years prior to the year in which the Closing shall occur, if any, shall be the sole responsibility of, and shall be paid by Buyer, at Closing. Further, all ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur, if any, shall be the sole responsibility of Buyer and Buyer shall promptly pay such ad valorem taxes when same become due and owing. ARTICLE VIII DEFAULTS AND REMEDIES Section 8.1. Seller's Default; Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract if Seller fails to meet, comply with, or perform in any material respect any obligation on Seller's part required herein within the time limits and in the manner required by this Contract. (b) Buyer's Remedies. If Seller is in default hereunder, Buyer may, as Buyer's sole and exclusive remedy, terminate this Contract and, following the expiration of five (5) calendar days after written notice delivered to Seller, receive the Earnest Money as liquidated damages. Section 8.2 Buyer's Default; Seller's Remedies. (a) Buyer's Defaults. Buyer is in default under this Contract if Buyer fails to: (i) meet, comply with, or perform in any material respect, any obligation on Buyer's part required herein within the time limit and in the manner required by this Contract. (b) Seller's Remedies. If Buyer is in default under this Contract, Seller may terminate this Contract and retain the Earnest Money and bring an action for specific performance or damages, and pursue any other remedy available to Seller at law, in equity and under the terms of this Contract. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all rights and remedies shall be cumulative. ARTICLE IX NOTICE Section 9.01. Notice. Whenever notice from Buyer to Seller or from Seller to Buyer is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (i) actual delivery of the written notice to the other party by hand or telephone facsimile (in which case such notice shall be effective upon delivery); or (ii) by depositing the written notice in the United States mail, postage prepaid, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. are: are: Section 9.02. Seller's Address. The Seller's address and numbers for the purpose of notice SELLER: CITY OF LUBBOCK Davy Booher Right -of -Way Agent P. O. Box 2000 Lubbock, Texas 79457 (806)775-2352 Section 9.03. Buyer's Address. The Buyer's address and numbers for the purpose of notice BUYER: Nelson Martin 1313 Kemper, Apt B Lubbock, TX 79403 806-777-4597 ARTICLE X MISCELLANEOUS Section 10.01. Entire Agreement. This Contract, including all exhibits and parts hereof, including the Invitation to Bid, Bid Form and Instructions to Bidders relating to Invitation to Bid Number 17-13578-KW hereto (the "Contract Documents"), contain the entire agreement between the Seller and Buyer, and there are no other written or oral promises, conditions, warranties, or representations relating to or effecting the matters contemplated herein. Section 10.02. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to the date of this Contract, and duly executed by the Seller and Buyer. Section 10.03. Construction and Venue. THIS CONTRACT AND THE TRANSACTIONS CONTEMPLATED HEREIN SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS AND ACTIVITIES CONTEMPLATED HEREBY. Section 10.04. Severability. If any provision, or part thereof, of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. Section 10.05. Successors and Assigns. This Contract binds and inures to the benefit of the Seller and Buyer, and to Seller's, and to the extent permitted, Buyer's, respective successors, legal representatives, heirs, devisees and assigns. Section 10.06. Risk of Loss. If any part of the Property is materially damaged or destroyed by fire or other casualty loss, Buyer may either (i) terminate this Contract, provided that notice of termination is given by Buyer to Seller, as provided herein, on or before the Date of Closing; or (ii) accept the Property in its damaged condition and close the transaction contemplated by this Contract. Section 10.07. Attorney's Fees. If either party hereto shall be required to utilize an attorney to enforce or defend the rights of such party hereunder, the prevailing party shall be entitled to recover its reasonable attorney's fees. Except as otherwise provided herein, each party hereto shall be solely responsible for all expenses, including but not limited to attorney's fees, incurred by him or her, in connection with the Contract and the transaction contemplated hereby. Section -10.08. Captions. The captions of articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any affect in construing this Contract. Section 10.09. Incorporation of Contract Documents. The terms and provisions of the Contract Documents are hereby incorporated into this Contract for Sale for all intents and purposes. Section 10.10.Non -Arbitration. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. City of Lubbock, Texas: DANIEL M. POPE, MAYOR ATTEST: Rebtca Garza, City Secretar APPROVED AS TO CONTENT: R� 1074 Davy ooher, Right of Way Agent APPROVED AS TO CONTENT: W of Public Works APPROVED AS TO FORM: Rya ro se, Assist t City Attor Buyer: PrintedName:_ r a A vk Title:—r+rJi v;rl� Attachment "A" City of Lubbock Purchasing and Contract Management ITB 17-13579-KW Sale of City Property One Lot Located at Country Club Addition Real Estate Description Sale of City Property Located at Country Club Addition Block 4, Lot 9. Property address is 1317 Kemper Street, Lubbock, TX 79403 Proposed Sale of Property Located at 1317 Kemper Street Lot 9, Block 4, Country Club Addition Feet Digital Orthaphetegraphy • June 2016 0 100 200 300 400 500 As reguiredby SECTION I ChaplertdSi SUBCHAPTER D.GEOSPATIAL DATA PRODUCTS of the Government Cody. Its City of Lubboc*hetaby provide 410 Cit%u( notkeUa am data on thin map m mated by the Gty of Lubberk Any data MM at sppum to represent properly buuada le ler inf rmW etlm"' t1 end may nee he" been prepared for orb* soluble for legal, engineering, or surveying purposes. N doe rot repraersan onsh"round army and y/ubb O Ck represents only the appresimate nlatM lecben of propeM oeundarla Iltat C^tjU-e^u,E*hibit "B" 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. MM M DEED WITHOUT WARRANTY ^-1 Date:4= ."D Grantor:City of Lubbock, Texas VS" Grantor's Mailing Address:^fe j P.O.Box 2000 ^ Lubbock,Lubbock County,Texas 79457 ^p Grantee:Nelson Martin =jj Grantee's Mailing Address:^j 1313 Kemper,Apt B =- Lubbock, TX 79403 H 806-777-4597 = Consideration: Five hundred and one dollars and thirteen cents. Property (including any improvements): That certain real property located at Country Club Addition Block 4, Lot 9 in Lubbock,Lubbock, County,Texas,and being further and more particularly described as . Reservations From Conveyance: Grantor reserves and excepts from this conveyance, for Grantor and Grantor's successors and assigns all oil, gas and other minerals on, in and under all of the land described in this deed, together within the right of ingress and egress for the purpose of exploring for, drilling for, producingand marketing oil, gas and other minerals. Grantor reserves from this conveyance a perpetual underground utility easement for any underground utilities located on or under the Property,including but not limited to the locations described and set forth in Attachment "A" attached hereto, to retain all rights of access and use for the purposes of laying out, opening, constructing, operating, maintaining and reconstructing underground water and stormwater utility infrastructure, together with necessary incidentals and appurtenances thereto, in, along, upon and across Property. T&eAM*;&n-&3&rosier m<jL>^File and Return to v_/u-uv«r»»y DaveBooher R.O.W.Exhibit "B" City of Lubhock 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 2017043673 4 PGS DEED I Wi VMWMiMMmM II Grantor:City of Lubbock,Texas Grantor's Mailing Address: P.O.Box 2000 Lubbock,Lubbock County,Texas 79457 Grantee:Nelson Martin Grantee's Mailing Address: 1313 Kemper,Apt B Lubbock,TX 79403 806-777-4597 Consideration: Five hundred and one dollars and thirteen cents. Property (including any improvements): That certain real property located at County Club Addition Block 4, Lot 9 in Lubbock,Lubbock County, Texas, and being further and more particularly described as . Reservations From Conveyance: Grantor reserves and excepts from this conveyance,for Grantor and Grantor's successors and assigns all oil,gas and other minerals on,in and under allofthe land described in this deed,together within the right of ingress and egress for the purpose of exploring for,drilling for,producing and marketing oil, gas and other minerals. Grantor reserves from this conveyance a perpetual underground utility easement for any underground utilitieslocatedon or under the Property,including but not limited to the locations described and set forth in Exhibit "B"attached hereto,to retain all rights of access and use for the purposes of laying out,opening,constructing,operating,maintaining and reconstructing underground water and stormwater utility infrastructure,together with necessary incidentals and appurtenances thereto,in, along, upon and across Property. 7 Exceptions to Conveyance: None 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, 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 AND EXCEPTIONS TO CONVEYANCE, GRANTS, SELLS, AND CONVEYS TO GRANTEE THE PROPERTY, TO HAVE AND TO HOLD IT 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. EXECUTED THIS 26th DAY OF October, 2017. GRANTOR: GRANTEE: CITY OF LUBB K Nelson Martin DANIEL M: POPEAYOR ATTEST:..•••'•••• - - , RebQ •ca Gar a, City Secre ary APPRQYEp AS •CONTE Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Rya ro e, As sta City Attorne ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on this k_kay of , 20a- by Daniel M. Pope, Mayor of the City of Lubbock. ?OS PRY pUB�C' JENNIFER SOWDER CLEMENTS * Notary Public, State of Texas Notary IN 12497068.3 Sl4�OF1EFP�i My Commission Expires 06.28.2020 /M FILED AND RECORDED OFFICIAL PUBLIC RECORDS "+ 0 L� Kelly Pinion, County Clerk Lubbock County TEXyS 12/07/2017 03:i1 PM FEE: $34.00 2017043673 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-268213 Date Filed: 10/03/2017 Date Acknowledged: 10/04/2017 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Nelson Martin Lubbock, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. ITB 17-13578-KW Sale of One Lot, Country Club Addition 1317 Kemper 4 Name of Interested Party City, State, Country (Place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Parry. ❑ X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-268213 Date Filed: 10/03/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Nelson Martin Lubbock, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. ITB 17-13578-KW Sale of One Lot, Country Club Addition 1317 Kemper 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. az //ern _Z7(/'-T � -� Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Swom to and subscribed before me, by the said 1y v� ' `� , this the day o&, 20 , to certify which, witness my hand and seal of office. Signature of officer admin r oath Printed name of officer administbring oath Title of fficer administering oath Forms provided by Texas Ethics Commission www.etntcs.state.tx.us version vl.u.:sasr