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Home My WebLink AboutResolution - 2018-R0165 - LEPAA Deed Without Warranty - 05/10/2018No. 2018-RO 165 No. 6.14 10, 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 and related documents for the transfer of property generally described as a portion of Lot 1-A, Block 1 and a portion of Lot 1-B, Block 1, Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat, or dedication deed thereof recorded under County Clerk File Number 2017013164 of the Official Public Records of Lubbock County, Texas, by and between the City of Lubbock and the Lubbock Entertainment and Performing Arts Association. 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 May 10, 2018 L-1v DANIEL M. POPE, MAYOR ATTEST: Reb cca Garza, City Se reta APPROVED AS TO CONTENT: W. Xnett Atkinson, City Manager APPROVED AS TO FORM: Ju't , Assistant City Attorney ccdocs/RES. Agreement — City of Lubbock & LEPAA —Deed Without Warranty (Parking Area) April 20, 2018 Resolution No. 2018-R0165 DEED WITHOUT WARRANTY DATE: GRANTOR: City of Lubbock, Texas GRANTOR'S MAILING ADDRESS: P.O. Box 2000 Lubbock, TX 79457 GRANTEE: Lubbock Entertainment & Performing Arts Association (LEPAA) GRANTEE'S MAILING ADDRESS: 1500 Broadway, Suite 1254 Lubbock, Texas 79401 CONSIDERATION: The Grantor and the Grantee expressly stipulate that the Grantee shall utilize the Property solely in a manner that promotes a public purpose of the Grantor. The Grantor and the Grantee stipulate that the consideration of a public purpose use of the Property by the Grantee is the sole consideration to be received by the Grantor for the conveyance of the Property by the Grantor and that such consideration is sufficient in all respects. Further, under the authority granted to it by Texas Tax Code §311.008(b)(2), the Grantor, in exercising the power it deems necessary and convenient to implement the Central Business District Tax Increment Financing Reinvestment Zone Project Plan and Financing Plan, adopted by the City of Lubbock through Ordinance 2017-00050 (the "Project Plans"), finds that the consideration received for the transfer of the Property to the Grantee is advisable to implement the Project Plans. PROPERTY (INCLUDING ANY IMPROVEMENTS): The property that is the subject of this Deed Without Warranty is described and depicted in the attached "Exhibit All (the "Property"). CONVEYANCE AND RESTRICTION OF USE OF THE PROPERTY: It is the intent of the Grantor to convey a fee simple estate in the Property to the Grantee, with the use of the Property being restricted to the public purpose of the Grantor. For the purposes hereof, the public purpose of the Grantor shall mean a public parking area adjacent to the Grantee's Buddy Holly Hall of Performing Arts and Sciences located at 1300 Mac Davis Lane, Lubbock, Texas, across from the Lubbock Memorial Civic Center, with such public parking area being a parking lot or parking garage providing no less than three hundred seventy-five spaces (375) available for public use and containing space for retail sales and office uses as specifically depicted in the attached "Exhibit B." The parking area shall be a public benefit to the City of Lubbock by providing public parking for downtown events and venues, including the Lubbock Memorial Civic Center and the Buddy Holly Hall of Performing Arts and Sciences. REPRESENTATIONS AND WARRANTIES OF GRANTEE: The Grantee represents and warrants to the Grantor that it has made an independent inspection and evaluation of the Property and the title to the same, and acknowledges that the 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, THE 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 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. The 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. The Grantor makes no warranty or representation as to the accuracy, completeness, or usefulness of any information furnished to the Grantee, if any, whether furnished by the Grantor or any other third party. The Grantor, its officers, employees, elected officials, independent contractors, and agents assume no liability for the accuracy, completeness, or usefulness of any material furnished by the Grantor, or any of its officers, employees, elected officials, independent contractors, or agents, if any, or any other person or party. Reliance on any material so furnished shall not give rise to any cause, claim, or action against the Grantor, its officers, employees, elected officials, independent contractors, or agents, and any such reliance shall be at the 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 MATERIALS CONTAINED OR LOCATED IN, ON, OR UNDER THE PROPERTY, OR IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, QUALITY, VALUE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR OTHERWISE. The Grantee has satisfied itself as to the title, type, condition, quality, and extent of the Property and Property interests that comprise the Property it is receiving pursuant to this Deed Without Warranty. The Grantor, for the consideration and subject to the conveyance and restriction of use of the Property, grants, sells, and conveys to the Grantee the Property, to have and to hold it to the Grantee and the 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_ DAY OF -1)* , 2018. GRANTOR: CITY OF LUBBOCK 0 DANIEL M. POPE, MAYOR GRANTEE:LEPAA . r1IM411 TIM C LLINS, Board Chairman ATTEST: Rebe ca Garza, City Secreta APPROVED AS TO CONTENT: W. Jarlett Atkinson, City Manager APPROVED AS TO FORM: w istant City Attorney Exhibit A — The Property (Metes & Bounds) l� F—fuCDo RF--E=_) AND ASSOCIATES, ANC. u�''1T ? . - T,i3 ua. n c ..c w .uowoc raa.• ��ca waae •cwvan«o riw« .eae,e.oe LAND SURVEYORS CIVIL ENGINEERS METES AND BOUNDS DESCRIPTION of a portion of Lot 1-A, Block I and a portion of Lot 1-B, Block 1, Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under County Clerk File Number 2017013164 of the Official Public Records of Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "HRA" found in the South right-of-way line of the Marsha Sharp Freeway as described in Volume 7235, Page 120 of the Real Property Records of Lubbock County, Texas, being the Northeast comer of Lot 1-A, Block 1, and the Northwest comer of Lot 2-A, Block 1, Memorial Center Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under County Clerk File Number 2017013164 of the Official Public Records of Lubbock County, Texas, for the Northeast corner of this tract; THENCE S. 01°41'14" W., along the Eastern boundary of said Lot 1-A, and the Western boundary of said Lot 2-A, at 481.33 feet pass the most Easterly Southeast corner of said Lot 1-A same being the Northeast comer of Lot 1-B, Block 1, said Memorial Center Addition, continuing along the Western boundary of said Lot 2-A, and along the Eastern boundary of said Lot 1-B, for a total distance of 547.27 feet to a 1/2" iron rod with cap marked "HRA" set for the most Easterly Southeast corner of this tract, from whence a 1/2" iron rod with cap marked "HRA" found at the Southeast corner of said Lot 1-B bears S. 01 *41' 14" W. a distance of 89.24 feet; THENCE N. 88018'46" W. a distance of 161.50 feet to a 1/2" iron rod with cap marked "HRA" set for an "ell" corner of this tract; THENCE S. 01041'14" W. a distance of 89.24 feet to a 1/2" iron rod with cap marked "HRA" set in the North right-of-way line of Mac Davis Lane as dedicated by plat recorded in Volume 5, Page 384 of the Deed Records of Lubbock County, Texas, and the Southern boundary of said Lot 1-B, for the most Southerly Southeast corner of this tract, from whence a 1/2" iron rod with cap marked "HRA" found at the Southeast corner of said Lot 1-B bears S. 88°18'46" E. a distance of 161.50 feet; THENCE N. 88018'46" W., along said North right-of-way line and the Southern boundary of said Lot 1-B, a distance of 156.50 feet to a 1/2" iron rod with cap marked "HRA" set for the Southwest corner of this tract; THENCE N. 01041'14" E., at 26.99 feet pass a point in the Northern boundary of said Lot 1-B, continuing for a total distance of 458.23 feet to a 1/2" iron rod with cap marked "HRA" set for a point of curvature; THENCE Northwesterly, along a curve to the left, said curve having a radius of 99.50 feet, a central angle of 25°57'39", tangent lengths of 22.94 feet, a chord distance of 44.70 feet and a chord bearing of N. 11 ° 17'36" W. to a 1/2" iron rod with cap marked "HRA" set for a point of tangency; THENCE N. 2496'26" W. a distance of 117.49 feet to a set 1/2" iron rod with cap marked "HRA"; THENCE N. 01°41'14" E. a distance of 30.00 feet to a 1/2" iron rod with cap marked "HRA" set in the said South right-of-way line of Marsha Sharp Freeway and the Northern boundary of said Lot I -A, for the Northwest comer of this tract; THENCE S. 88010'30" E., along said South right-of-way line and the Northern boundary of said Lot 1-A, a distance of 379.48 feet to the Point of Beginning. Contains: 193,880 square feet - 4.451 acres. Bearings are Relative to Grid North, Texas Coordinate System 1983, North-Central Zone, (2011, epoch 2010.0). Distances are Surface, U.S. Survey Feet. NOIRE. 77iis eG'ea aloe lrle i; l�io�id�d fa : > n �nienr i pwpns,o and ii a „-��hannr . opr olu e�rrifled Jeerriptiun ivlmni d nuJilr m flu¢n F vd and I,csoe iulra, (�c /n m . ��c< al dnn, p,ea� i die n rnFed demnprion gore.... Exhibit A — The Property (Depiction) MAR" SHARP F) EWAY r------ ®.e ALaWfiG46-5E-Wi1Y £AST&XAD 11 6 I �I ASssO �� - 4• I+It Itl6g I.IN ItI /3]y/If1�A0 GOT/ -A gL111'/ AEdKidgL f.ENIER ALCYT,gy Q la� iI I e.YI I I 1 ' I Si I i FFgA A IARIION OP EAT I -A BIACICI — ' AtEANCERADDI7TON ..CE a;1ie i _ � APORTTONOP LOT I -a INACK I NEM1TORIAL CBNI'ER ADDITION I t i,A-0�'Vr e NRrW46V MAC OAKS ..m®.• � LAW 0 PRRUALM SURVEY OF A PORTION OF LOT 1-A, BLOCK 1 AND A POR71ON OF TAT 1-B, BLOCK 1, MEMORIAL CENTER ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS Amr rNrnaloRwrwlrox Remr®IEoepffioR®urav RvaNl4mwrmlmwx ar ; xe amaze wmx aemws or weeoca courm. Tmw xer86 ANA BOA�D9 ne9CxPnana.w �a Iu�M�.a�i,ml ar•edv�y Td ad dlNbr4 Cain..:�4beM aeGelc �9Mpmawl umomoecvdm..nry Pyc rmdme W I.yry PmN,d t'oq. ier b w dt Nmau. wca d Eu t-/. 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R[9 W/ ClJ WfOQO'NRA • C(PN - CgBDv O.FR RLE IA48£R 1PmKOWLEA fNB FeccNFM SEE - BWTONG EN109lIE E6REIENT zee - uomrawum urarry IfSEAFBT u'E - ueeaoc wxeA avo Exam Ittp88AF21 (TV) d,dl,a�ee• ma"�.rn.�N..a'4�r�'T o,.� s'�4.,lur"s°c°`arm.. su,.TPr .xo,owbn,d+dmrmdmf df W elilyPbo4 bueRue W �.'O.na6Y�. eu+P] x..ym,r Amu, (RvxA/ Rr I.neaa 1'mr. iv.. d bmlmN P+�duwww.b%I.m)g�.t �dmevdcle. �ma�� Sstrbv xiWl. Tu.'-rdmr�ume..m• r..m.�,...dr�a�o�m 6. cNme• •rr.�m.s tBnm cmo4 rvu8grdenrmml tme...,x Ne. xi4mee.gmW RPR lama-Re.dbyen� �..m® R.rr w. mn. xmldbm,reu.e.l rm..e.lanll. R..;,d Rmm.4saawmrm�.nd,m... 2; Exhibit B — The Parking Area THIS DOCUMENT IS RELEASED ON FEB 16, 2017 FOR THE PURPOSE OF INTERIM REVIEW UNDER Al,4RSHA S/1AR'P FRFFlY_4Y � l� THE AUTHORITY OF MIKE W. MOSS, R.A., TEXAS i LICENSE #12113. IT IS NOT TO BE USED FOR REGULATORY APPROVAL, CONSTRUCTION, FUTURE PARKING GARAGE .. BIDDING OR PERMIT PURPOSES, PARKHILL, SMITH&COOPER, INC. ACCESS ROAD ONE-WAY EAST HOUND 3 ' GENERAL NOTES TOTAL PROPERTY' 185955.50 SF/4.27 ACRES — �j LANDSCAPE: 34,859 SF/0.80 ACRES (18.5%) TOTAL PARKING:430 n I 5% LANDSCAPE, 9,297 78 817/0.21 ACRES oil ,10% LANDSCAPE' 18,595.55/0,43 ACRES n.r �waeen: ILI P31 1 i I I I 111 IVIll I 1 11111- 1 // ` I I sK eawawa.anra � � F� -! t i S FNUBv"l£fYCEaOUApNO r 2(. ` YyIV IM�N KI� \- � III fi MAC DAVIS LANE r---------— — — — — — — — — — — — — — --------- -----_._---- --- _._— --- — BUDDY HOLLY HALL PARKHILL SMITH & COOPER s Uffix OF PERFORMING ARTS PARKING LAYOUT - OPTION 2 AND SCIENCES Lubbock Entertainment ! LUBBOCK, TEXAS o 10I7 200' Performing Arts Association NORTH Project No: 8669.15 Date: 2.15.17