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HomeMy WebLinkAboutResolution - 2018-R0009 - Guadalupe-Parkway Neighborhood Centers - 01/11/2018Resolution No. 2018-R0009 Item No. 7.16 January 11, 2018 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 Guadalupe -Sommerville Center, by and between the City of Lubbock and Guadalupe -Parkway Neighborhood Centers, Inc. of Lubbock, Texas, and 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 City Council. Passed by the City Council on January 11, 2018 DANIEL M. POPE, MAYOR ATTEST: Reb ca Garza, City Secre ary APPROVED AS TO CONTENT: Mark Y oo , Assistant City Manager APPROVED AS TO FORM: / �Z& A 14? t �_ elli Leisure, Assistant City Attorney ccdocs/RES.DeedW O WarrantyGuadalupe 12.28.17 Govt nee(' �5 File and Return to Dave Booher R.O.W. / Resolution No. 2018-R0009 City of Lubbock, 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: December 28, 2017 GRANTOR: City of Lubbock, Texas GRANTOR'S MAILING ADDRESS P.O. Box 2000 Lubbock, TX 79457 GRANTEE: Guadalupe -Parkway Neighborhood Centers, Inc. GRANTEE'S MAILING ADDRESS 123 North Avenue N Lubbock, TX 79401 CONSIDERATION: Grantor and Grantee expressly stipulate that Grantee shall utilize the Property solely in a manner that promotes a public purpose of the Grantor. Grantor and Grantee stipulate that the consideration of public purpose use by Grantee is the sole consideration to be received by Grantor for the conveyance of the Property by Grantor and that such consideration is sufficient in all respects. PROPERTY (INCLUDING ANY IMPROVEMENTS): The property that is the subject of this Deed Without Warranty is Richmond Second Addition, Block 5, Lots 12-16. Deed Without Warranty Page 1 of 5 The Property is conveyed to Grantee, and Grantee's successors and assigns for so long as the Property is used to promote a public purpose of the Grantor. If the Property ceases to be so used, all rights, title, and interest conveyed by this instrument shall automatically revert to and vest in Grantor, and Grantor's successors and assigns, without the necessity of any further act on the part of or on behalf of the Grantor, it being the intent of Grantor to convey a fee simple determinable estate to the Grantee. For the purposes hereof, "public purpose" of the Grantor shall mean Grantee to provide ongoing service to children and families in the surrounding area and to the residents of Lubbock by offering literacy training, language skills, and academic support among many other educational and support services REPRESENTATIONS AND WARRANTIES OF GRANTEE: Grantee warrants and represents that it is a non-profit organization, as that term is defined in the Texas Local Government Code Section 253.011(a). 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 Deed Without Warranty Page 2 of 5 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 Deed Without Warranty Page 3 of 5 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 1lth DAY OF January , 2018. GRANTOR: CITY OF LUBB C DANIEL M. POPE, MAYOR .trrrr ATTEST; Reb ca Garza, City Seere _-y Deed Without Warranty Page 4 of 5 APPROVED AS TO CONTENT: "-� �-I/ _='A Mark Warwo8d, Assis ant City Manager APPROVED AS TO FORM: �/&. 0 ", K 11i Leisure, Assistant City Attorney State of Texas County of Lubbock This instrument was acknowledged before me on this Itclay of Daniel M. Pope as Mayor of the City of Lubbock. , Vly vUe�C JENNIFER SOWDER CLEMENTS Notary Public, State of Texas Notary IN 12497068.3 s+ aF"y My Commission Expires 06.28-2020 18 by No y Public, State of Texa M ommission expires: �&1763D GRANTEE: GUADALUPE-PARKWAY NEIGHBORHOOD CENTERS, INC. Adela Esqueda Chief Executive Officer Deed Without Warranty Page 5 of 5 FILED AND RECORDED OFFICIAL PUBLIC RECORDS I Kelly Pinion County Clerk Lubbock County TEXAS 11/02/2018 10:60 AM FEE: 42.00 2018 41941