HomeMy WebLinkAboutResolution - 2018-R0050 - Deed Without Warranty With LHUCA And Charles Adams Studio - 01/25/2018Resolution No. 2018-R0050
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January 25, 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 conveyance of real
property interest located in Block 6, Original Town of Lubbock, Lubbock County, Texas, by
and between the City of Lubbock, The Louise Hopkins Underwood Center for the Arts, a
Texas Exempt Corporation, and The Charles Adams Studio Project, A Texas Nonprofit
Corporation, 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 Januar)� 2.5, 2018
DANIEL M. POPE, MAYOR
ATTEST:
Reb t
ca Garza, City Secreta y
APPROVED AS TO CONTENT:
lam/• ��
W. Ja ett Atkinson, City Manager
APPROVED AS TO FORM:
Ryan ooke, Assistant City Attorney
RES. Deed Without Warranty-LHUCA-CASP-City
1.10.18
Resolution No. 2018-R0050
F11a and Retum to
Cdv�smwkovl
C*of
Deed Without Warranty Conveying Determinable
Life Estate
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.
Date: January 25 2018
Grantor: The Louise Hopkins Underwood Center for the Arts, a Texas Exempt Corporation
(erroneously styled Louise Hopkins Underwood Center for the Arts, Inc. in a deed
recorded under the Clerk's File Number 2010017495 of the Official Public Records
of Lubbock County, Texas) f/k/a Lubbock Regional Arts Center (hereinafter referred
to at times as "LHUCA").
Grantor's Mailing Address:
511 Ave. K.
Lubbock, Texas 79401
Lubbock County
Grantor: City of Lubbock, a Texas home rule municipal corporation (hereinafter "CITY")
Grantor's Mailing Address:
P.O. Box 2000
Lubbock, Texas 79457
Lubbock County
Grantee: The Charles Adams Studio Project, A Texas Nonprofit Corporation, (hereinafter
"GASP").
Grantee's Mailing Address:
602 Ave. J
Lubbock, Texas 79401
Lubbock County
Consideration:
Grantors and Grantee expressly stipulate that Grantee shall utilize the Property solely in a
manner that promotes the public purpose of the Grantors. Grantors and Grantee stipulate that the
consideration of public purpose use by Grantee is the sole consideration to be received by Grantors
for the conveyance of the Property by Grantors and that such consideration is sufficient in all
respects.
Page 1 of 5
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Property (including any improvements):
Grantors, LHUCA and CITY, for good and valuable consideration, grants and conveys to
Grantee, an estate with the full possession, benefit, and use for so long as Grantee exists as a Texas
Nonprofit Corporation, in:
Lots Two (2), Three (3), Four (4), Five (5) , Six (6), Seven (7) , Eight (8), Nine (9), Ten
(10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16),
Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty -One (21), Twenty -
Two (22), and Twenty -Three (23) all in Block Six (6), Original Town of Lubbock,
Lubbock County, Texas, according to the map, plat and/or dedication deed thereof
recorded in Volume 5, Page 384, of the Deed Records of Lubbock County.
It is expressly understood and agreed that this conveyance shall be effective for only so long
as the Property is used to promote the public purpose of the Grantors. For the purposes hereof,
"public purpose" of the Grantors shall mean that of CASP in providing a central home for the arts
and to foster the arts through education, exhibition and performance. If the Property ceases to be so
used to promote the public purpose, all rights, title, and interest conveyed by this instrument shall
automatically revert to and vest in LHUCA, subject to the terms and conditions set forth herein, and
LHUCA's successors and assigns, without the necessity of any further act on the part of or on behalf
of the Grantors, it being the intent of Grantors to convey a determinable life estate to the Grantee.
Representations and Warranties of Grantee:
Grantee warrants and represents that it is a non-profit organization, as the term is defined in
the Texas Local Government Code Section 253.001(a),
Grantee represents and warrants to Grantors that it has made an independent inspection and
evaluation of the Property and the title to same and acknowledges that Grantors have 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, GRANTORS 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.
Grantors make no warranty or representation as to the accuracy, completeness or usefulness of any
information furnished to Grantee, if any, whether furnished by Grantors or any other third party.
Grantors, its officers, employees, elected officials, independent contractors, and agents assume no
Page 2 of 5
liability for the accuracy, completeness or usefulness of any material furnished by Grantors, 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 Grantors, 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
THEREOF, 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.
Grantors, for the consideration and subject to the reservations and exceptions to conveyance,
grants, sells, and conveys to Grantee a determinable life estate in the Property, to have and to hold
together with all the rights and appurtenances lawfully accompanying it, for so long as Grantee exists
as a Texas Nonprofit Corporation, 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.
Reservations from Conveyance:
None
Exceptions to Conveyance and Warranty:
Exception to conveyance and warranty is made with respect to validly existing easements,
rights -of -way, and prescriptive rights, whether of record or not; all presently recorded and validly
existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and
water interests outstanding in persons other than Grantors, and other instruments, other than
conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining
owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or
shortages in area or boundary lines; any encroachments or overlapping of improvements; and taxes
for 2018, which Grantee assumes and agrees to pay, and subsequent assessments for that and prior
years due to change in land usage, ownership, or both, the payment of which Grantee assumes.
Moreover, this instrument is expressly made subject to the restrictions, terms and conditions,
burdening the land together with all rights of reverter reserved unto the City of Lubbock and pursuant
to that certain Deed Without Warranty dated May 13, 2010, by and between the City of Lubbock,
Texas as Grantor and Louise Hopkins Underwood Center for the Arts, Inc. as Grantee and filed as
Instrument No. 2010017495. .
When the context requires, singular nouns and pronouns include the plural.
Page 3 of 5
GRANTOR:
The Louise Hopkins Underwood
Center for The Arts,
a Texas Exempt Corporation
By:
Andrea Tirey, Boar Ct'side1it
And
By:
Je aslin, Executive Director
STATE OF TEXAS
COUNTY OF LUBBOCK
GRANTOR:
City of Lubbock:
Daniel M. Pope, Mayor
Agreed and Accepted By:
GRANTEE:
The Charles Adams Studio Project, A Texas
Nonprofit Worporation (�
BY:PJ
Charles Adams, Board President
This instrument was acknowledged before me on - c�v4. 2018, by Andrea
Tirey, Board President of The Louise Hopkins Underwood C ter for Yhe Arts, a Texas Exempt
Corporation on behalf of such entity.
yy PUN
DANNIE MASON Notary Public, State of Texas
Notary Public, State of Texas
My Commission Expires 11.*2019
p9
Page 4 of 5
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on OA&*% , 2018, by Jean
Caslin, Executive Director of The Louise Hopkins Underwood eenter for Th Arts, a Texas Exempt
Corporation on behalf of such entity.
P P`y DANNIE MASON
Notary Public, State of Texas
My Commission Expires 11-05.2019
STATE OF TEXAS
COUNTY OF LUBBOCK
0&44� C)�
Notary Public, State of Texas
This instrument was acknowledged before me on 2018, by Daniel
M. Pope, Mayor of the City of Lubbock, a Texas home rule nicipal co oration, on behalf of such
entity.
osPaY P c JENNIFER SOWDER CLEMENTS
* * Notary Public, State of Texas
Notary ID# 12497068.3
�4 -OF My Commission Expires 06.28-2020
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on , 2018, by Charles
Adams, Board President of The Charles Adams Studio Project, A Texas Nonprofit Corporation on
behalf of such entity.
DANNIE MASON Notary Public, State of Texas
�r Notary Public, State of Texas
P° Comm
MS' Expres 11-05�2Qt9
Nam
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
O
Kelly Pinion, County Clerk
Lubbock County, TEXAS
01/31/2018 02:48 PM
FEE: $42.00
2018003279
Page 5 of 5
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File and Return to
Dave Booher R.O.W.
w
City of Lubbock
A
Correction Instrument:
Deed Without Warranty Conveying Determinable
L N
Life Estate
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
�—m
Sp
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.
Date: January 25, 2018
Grantor: The Louise Hopkins Underwood Center for the Arts, a Texas Exempt Corporation
(erroneously styled Louise Hopkins Underwood Center for the Arts, Inc. in a deed
■--
recorded under the Clerk's File Number 2010017495 of the Official Public Records
of Lubbock County, Texas) f/k/a Lubbock Regional Arts Center (hereinafter referred
=
to at times as "LHUCA").
Grantor's Mailing Address:
511 Ave. K.
Lubbock, Texas 79401
Lubbock County
Grantor: City of Lubbock, a Texas home rule municipal corporation (hereinafter "CITY")
Grantor's Mailing Address:
P.O. Box 2000
Lubbock, Texas 79457
Lubbock County
Grantee: The Charles Adams Studio Project, A Texas Nonprofit Corporation, (hereinafter
"CASP").
Grantee's Mailing Address:
602 Ave. J
Lubbock, Texas 79401
Lubbock County
Consideration:
Grantors and Grantee expressly stipulate that Grantee shall utilize the Property solely in a
manner that promotes the public purpose of the Grantors. Grantors and Grantee stipulate that the
consideration of public purpose use by Grantee is the sole consideration to be received by Grantors
for the conveyance of the Property by Grantors and that such consideration is sufficient in all
respects.
Page 1 of 5
X2
Property (including any improvements):
Grantors, LHUCA and CITY, for good and valuable consideration, grants and conveys to
Grantee, an estate with the full possession, benefit, and use for so long as Grantee exists as a Texas
Nonprofit Corporation, in:
Lots One (1), Two (2), Three (3), Four (4), Five (5) , Six (6), Seven (7) , Eight (8), Nine
(9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15),
Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty -One
(21), Twenty -Two (22), Twenty -Three (23), and Twenty -Four (24) all in Block Six (6),
Original Town of Lubbock, Lubbock County, Texas, according to the map, plat and/or
dedication deed thereof recorded in Volume 5, Page 384, of the Deed Records of
Lubbock County.
It is expressly understood and agreed that this conveyance shall be effective for only so long
as the Property is used to promote the public purpose of the Grantors. For the purposes hereof,
"public purpose" of the Grantors shall mean that of CASP in providing a central home for the arts
and to foster the arts through education, exhibition and performance. If the Property ceases to be so
used to promote the public purpose, all rights, title, and interest conveyed by this instrument shall
automatically revert to and vest in LHUCA, subject to the terms and conditions set forth herein, and
LHUCA's successors and assigns, without the necessity of any further act on the part of or on behalf
of the Grantors, it being the intent of Grantors to convey a determinable life estate to the Grantee.
The Property includes the twenty -foot (20') alley abandoned and closed by City Ordinance
No. 2010-00040, passed by the Lubbock City Council on second reading on May 27, 2010.
Representations and Warranties of Grantee:
Grantee warrants and represents that it is a non-profit organization, as the term is defined in
the Texas Local Government Code Section 253.001(a).
Grantee represents and warrants to Grantors that it has made an independent inspection and
evaluation of the Property and the title to same and acknowledges that Grantors have 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, GRANTORS 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.
Page 2 of 5
CA
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.
Grantors make no warranty or representation as to the accuracy, completeness or usefulness of any
information furnished to Grantee, if any, whether furnished by Grantors or any other third party.
Grantors, its officers, employees, elected officials, independent contractors, and agents assume no
liability for the accuracy, completeness or usefulness of any material furnished by Grantors, 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 Grantors, 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
THEREOF, 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.
Grantors, for the consideration and subject to the reservations and exceptions to conveyance,
grants, sells, and conveys to Grantee a determinable life estate in the Property, to have and to hold
together with all the rights and appurtenances lawfully accompanying it, for so long as Grantee exists
as a Texas Nonprofit Corporation, 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.
Reservations from Conveyance:
None
Exceptions to Conveyance and Warranty
Exception to conveyance and warranty is made with respect to validly existing easements,
rights -of -way, and prescriptive rights, whether of record or not; all presently recorded and validly
existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and
water interests outstanding in persons other than Grantors, and other instruments, other than
conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining
owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or
shortages in area or boundary lines; any encroachments or overlapping of improvements; and taxes
for 2018, which Grantee assumes and agrees to pay, and subsequent assessments for that and prior
years due to change in land usage, ownership, or both, the payment of which Grantee assumes.
Moreover, this instrument is expressly made subject to the restrictions, terms and conditions,
Page 3 of 5
Z7
burdening the land together with all rights of reverter reserved unto the City of Lubbock and pursuant
to that certain Deed Without Warranty dated May 13, 2010, by and between the City of Lubbock,
Texas as Grantor and Louise Hopkins Underwood Center for the Arts, Inc. as Grantee and filed as
Instrument No. 2010017495. .
When the context requires, singular nouns and pronouns include the plural.
This deed is made as a correction deed in substitution of the deed titled "Deed Without
Warranty Conveying Determinable Life Estate" ("Corrected Deed") dated January 25, 2018, and
recorded in the Deed Records of Lubbock County, Texas, to correct the following incorrect
information: The legal description unintentionally omitted Lots One (1) and Twenty -Four (24) from
the conveyance and the legal description did not reference the alley abandoned and closed by City
Ordinance No. 2010-00040, passed by the Lubbock City Council on second reading on May 27,
2010. Other than the stated correction, this deed is intended to restate in all respects the Corrected
Deed, and the effective date of this correction deed relates back to the effective date of the Corrected
Deed.
GRANTOR:
GRANTOR:
The Louise Hopkins Underwood City of Lubbock:
Center for The Arts,
I'
Ani
By: C .
Jean slip, Executive Director
Daniel M. Pope, Mayor
Agreed and Accepted By:
GRANTEE:
The Charles Adams Studio Project, A Texas
Nonprofit Qrporation
BY: rVI �Jv�
Charles Adams, Board President
Page 4 of 5
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on )q r ) 7 12018, by Andrea
Tirey, Board President of The Louise Hopkins Underwood Center for The Arts, a Texas Exempt
Corporation on behalf of such entity.
JANINE CONK
Notary Public. State of Texos
My Commission Expires
October 21, 2019
STATE OF TEXAS
COUNTY OF LUBBOCK
C4, - -JAzL19-,C-
Not P blic, State of Texas
This instrument was acknowledged before me on ap(► L 10 , 2018, by Jean
Caslin, Executive Director of The Louise Hopkins Underwood Center for The Arts, a Texas Exempt
Corporation on behalf of such entity.
r
JANINE CONK
Notary Public, state of Texas )
My Commission Expires
�,.;;• October 21, 2019 Nota ublic, State of Texas
h11 ., -1
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on / 2018, by Daniel
M. Pope, Mayor of the City of Lubbock, a Texas home rule munici al corporation, on behalf of such
entity.
pRy Pub O JENNIFER SOWDER CLEMENTS
* * ary blic
Notary Public, State of Texas
Notary IN 12497068-
s'q�oF,"y My Commission Expires OG 28 G020 Not, Sta e of exaOs
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on OWFi I l D , 2018, by Charles
Adams, Board President of The Charles Adams Studio Proje t, A Texas Nonprofit Corporation on
behalf of such entity.
JANINE CONK
Notary Public, State of Texas
My Commission Expires
\;. October 21, 2019
Nola Public, State of Texas
Page 5 of 5
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
p
Kelly Pinion County Clerk
Lubbock Coun�y TEXyS
05/10/2018 12:65 PM
FEE: $42.00
2018016834