HomeMy WebLinkAboutResolution - 2004-R0511 - Deed Without Warranty - Lubbock Regional Mental Health Center (STAAR) - 10_11_2004Resolution No. 2004-RO511
October 11, 2004
Item No. 49
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Deed Without Warranty
between the City of Lubbock and the Lubbock Regional Mental Health and Mental
Retardation Center, and any other 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 Council.
Passed by the City Council this filth day of
ATTEST:
Rebedca Garza, City Secretary
APPROVED AS TO CONTENT:
Stauffer,
APPROVED AS TO FORM:
ke/cedocs/Deed Without Warranty.Vanda.res
May 24, 2004
Resolution No. 2004-RO511
October 11, 2004
Item No. 49
DEED WITHOUT WARRANTY
DATE: October , 11 , 2004
GRANTOR: City of Lubbock, Texas
GRANTOR'S MAILING ADDRESS:
P.O. Box 2000
Lubbock, TX 79457
GRANTEE: Lubbock Regional Mental Health and Mental Retardation Center
GRANTEE'S MAILING ADDRESS:
P. O. Box 2828
Lubbock, Texas 79407-2828
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):
1602 Vanda Avenue, Lubbock, Texas 79427
Legal Description: Lot, tract or parcel of land lying and being situated in
Lubbock County, Texas, the same being Bailey John H. Blk 1 Lot 1, to the town of
Deed Without Warranty Page 1 of 6
Lubbock, Texas, according to the map or plat thereof of record in the Deed Records of
Lubbock County, Texas.
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 the Lubbock Regional
Mental Health and Mental Retardation Center provides public health and human services,
to include but not limited to, mental health, mental retardation, substance abuse, and HIV
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.
Deed Without Warranty Page 2 of 6
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.
Deed Without Warranty Page 3 of 6
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.
Deed Without Warranty Page 4 of 6
EXECUTED THIS 11th DAY OF October , 2004.
GRANTOR:
CITY OF LUBBOCK
ATTEST:
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
'Ja4 L
arlan Stauffer, Facili Manager
APPROVED AS TO FORM:
Amy L. Si
Assistqt,City Attorney
STATE OF TEXAS
COUNTY OF LUBBOCK
MAYOR
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas,
on this day personally appeared MARC McDOUGAL, known to me to be the person whose name
is subscribed to the foregoing instrument and who acknowledged to me that he executed the same
in the capacity therin stated and for the purpose and consideration therein expressed.
+k'
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this l _ day of
Dc�0 bed , 2004.
CELIA WEBB
Notary Pubk, State of Texas
My Cw E*n
Notary blic in and for Lubbock County, Texas
My Commission expires: Q3-6 1- a.00(v
Deed Without Warranty Page 5 of 6
GRANTEE:
LUBBOCK REGIONAL MENTAL
HEALTH AYOC
NTAL
jAER
By:
Name: Danette Castle
Title: Chief Executive Officer
STATE OF TEXAS
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on September 7 , 2004, by
Danette Castle CEO , on behalf of LUBBOCK REGIONAL
MENTAL HEALTH AND MENTAL RETARDATION CENTER, an agency of the
State of Texas.
Notary Public, State of Texas
It IDN�i
y4 MARCELLA FORD
`�'��• • Notary Public, State of Texas My commission expires aid
My Commission Expires
' February 12, 2007
ALS/ke/cityatt/Amy/Deed WithoutWarranty.MHMR.Vanda
May 24, 2004
Deed Without Warranty Page 6 of 6