HomeMy WebLinkAboutResolution - 2010-R0262 - Contract Of Sale For Purchase Of Property W_Larry & Joyce D. Allen - 06_10_2010Resolution No. 2010-RO262
June 10, 2010
Item No. 5.8
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 Contract of Sale for the
purchase of real property, by and between the City of Lubbock and Larry D. Allen and
wife Joyce L. Allen, and related documents. Said Contract of Sale 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 June 10, 2010
� Al;;c-
TOM. ARTIN, MAYOR
ATTEST:
'Q zke"� "5-C
Rebec6 Garza. City Secretary
APPROVED AS TO CONTENT:
— (f�aj,
MIha Reed, P.E., Chief Operations Officer
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocs.,RES.Contract of Sale -Allen
April 29, 2010
CONTRACT OF SALE
STATE OF TEXAS
COUNTY OF LUBBOCK
Resolution No. 2010-RO262
This Contract of Sale (the "Contract") is made this 10thday of .Tune, 2010, effective as of
the date of execution hereof by Buyer, as defined herein, (the "Effective Date"), by and between
LARRY D. ALLEN and wife, JOYCE L. ALLEN (referred to herein as "Seller") and the CITY
OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation of Lubbock County, Texas
(referred to herein as "Buyer").
RECITALS
WHEREAS, Seller owns that certain tract of land further described in Exhibit "A"
attached hereto (the "Land"); and
WHEREAS, Seller desires to sell to City, and City desires to buy from Seller, the Land
together with all and singular the permanent improvements attached thereto, excluding and
except for the items set forth in Exhibit `B" attached hereto, and all other property of Seller
attached to the Land (herein "Improvements"), and all other rights and appurtenances to the Land
(collectively, the "Property").
ARTICLE I
SALE OF PROPERTY
For the consideration hereinafter set forth, and upon the terms, conditions and provisions
herein contained, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from
Seller, the Property.
ARTICLE II
PURCHASE PRICE AND EARNEST MONEY
2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the sum of
One Hundred Seventy Thousand and NOI100 Dollars ($170,000.00) (the "Purchase Price").
ARTICLE III
TITLE AND SURVEY
3.01 Title Commitment. The parties hereto acknowledge that a Title Commitment for the
Property has been obtained and has been reviewed by the parties.
3.02 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a standard
Texas Owner Policy of Title Insurance ("Title Policy") to be furnished to Buyer. The Title
Policy shall be issued by Lubbock Abstract & Title Company, 1216 Texas Avenue, Lubbock,
Texas 79401 ("the Title Company") in the amount and on the terms and conditions as set forth in
the Title Commitment, subject only to the Permitted Exceptions; provided, however, in the
event Buyer obtains the survey and elects to have the survey exception amended, the survey
exception must be amended to read "shortages in area" only (although Schedule C of the Title
Commitment may condition amendment on the presentation of an acceptable survey and
payment, to be borne solely by Buyer, of any required additional premium).
ARTICLE IV
REPRESENTATIONS, WARRANTIES, COVENANTS AND
AGREEMENTS
4.01 Representations and Warranties of Seller. To induce Buyer to enter into this Contract
and consummate the sale and purchase of the Property in accordance with the terms and
provisions herewith, Seller represents and warrants to Buyer as of the Effective Date and as of
the Closing Date, except where specific reference is made to another date, that:
(a) There are no adverse or other parties in possession of the Property or any part
thereof, and no party has been granted any license, lease or other right related to
the use or possession of any of the Property, or any part thereof.
(b) The Seller has the full right, power, and authority to sell and convey the Property
as provided in this Contract and to carry out Seller's obligations hereunder.
(c) The Seller has not received notice of, and has no other knowledge or information
of, any pending or threatened judicial or administrative action, or any action
pending or threatened by adjacent landowners or other persons against or
affecting the Property. This representation limited to the Effective Date.
(d) To the best of Seller's knowledge, the Seller has paid all real estate and personal
property taxes, assessments, excises, and levies that are presently due, if any,
which are against or are related to the Property, or will, except for the year of
Closing, be due as of the Closing, and the Property will be subject to no such
liens.
(e) Seller has not contracted or entered into any agreement with any real estate
broker, agent, finder, or any other party in connection with this transaction or
taken any action which would result in any real estate broker commissions or
finder's fee or other fees payable to any other party with respect to the
transactions contemplated in this Contract.
4.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as
follows:
(a) From the Effective Date until the date of Closing or earlier termination of this
Contract, Seller shall:
(i) Not enter into any written or oral contract, lease, easement or right
of way agreement, conveyance or any other agreement of any kind with
respect to, or affecting, the Property (herein "Nonpermitted Agreements")
Contract of Sale Allen
Page 2 of 9
that will not be fully performed on or before the Closing or would be
binding on Buyer or the Property after the date of Closing.
(ii) Advise the Buyer promptly of any litigation, arbitration, or
administrative hearing concerning or affecting the Property.
(iii) Not take, or omit to take, any action that would result in a violation
of the representations, warranties, covenants, and agreements of Seller.
(iv) Not sell, assign, lease or convey any right, title or interest
whatsoever in or to the Property, or create, or permit to exist, any lien,
encumbrance, or charge thereon, except as will be satisfied at Closing,
unless waived by Buyer, or for ad valorem taxes for the year of Closing.
(v) Maintain a fire and extended coverage insurance policy in the
standard promulgated form and with standard terms, which will include
but is not limited to losses from storms and fires, in the minimum amount
of the appraised value of the permanent improvements on the Land as
determined by the Lubbock Central Appraisal District for calendar year
2009.
(vi) Maintain the Property in its current condition and state of repair,
ordinary wear and tear excepted.
(b) To indemnify and hold Buyer harmless, to the extent permitted by law, from all
loss, liability, and expense, including, without limitation, reasonable attorneys'
fees, arising or incurred as a result of any liens or claims resulting from labor or
materials furnished to the Property under any written or oral contracts arising or
entered into prior to Closing.
4.03 Representations of Buyer. Buyer represents and warrants to Seller as of the Effective
Date and as of Closing:
(a) The Buyer has the full right, power and authority to purchase the Property as
provided in this Contract and to carry out Buyer's obligations hereunder.
(b) 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 or
taken any action which would result in any real estate broker commissions or
finder's fee or other fees payable to any other party with respect to the
transactions contemplated in this Contract.
4.04 Survival Beyond Closing. The representations, warranties, covenants and agreements of
Seller and Buyer contained in this Contract shall survive the Closing.
Contract of Sale — Allen
Page 3 of 9
ARTICLE V
CLOSING
5.01 Date and Place of Closing. The Closing shall take place in the offices of the Title
Company and shall be accomplished through an escrow to be established with the Title
Company, as escrowee. The Closing Date (herein sometimes called), shall be scheduled upon a
date mutually agreeable to the parties hereto but no less than sixty days from the Effective Date.
5.02 Items to be Delivered at the Closing.
(a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or
the Title Company, at Buyer's sole cost and expense, the following items:
(i) The Title Policy provided, however, the Title Policy may be
delivered after Closing consistent with normal practice;
(ii) The General Warranty Deed, substantially in the form as attached
hereto as Exhibit "A", subject only to the Permitted Exceptions, if any,
duly executed by Seller and acknowledged;
(iii) Other items reasonably requested by the Title Company as
administrative requirements for consummating the Closing.
(b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company (any
payment to the Title Company to be placed in escrow for the benefit of and
payable to Seller as provided in the Contract) the following items:
(i) The sum required by Section 2.01, less the Earnest Money and
interest earned thereon (which will also be paid to Seller), in the form of
personal, certified or cashier's check or other immediately available funds;
(ii) Other items reasonably requested by the Title Company as
administrative requirements for consummating the Closing.
5.03 Possession at Closing. Prior to closing, Seller shall secure all Improvements on the Land
by replacing any doors or screens that Seller is otherwise removing pursuant to Exhibit `B"
attached hereto and incorporated herein by reference. Seller shall not remove any door or screen
pursuant to Exhibit `B" without replacing that door or screen with another one so that the
Improvements are not left with any open or unsecured doorway, window or other opening.
Possession of the Property shall be delivered to Buyer at Closing.
5.04 Adjustment at Closing. Ad valorem taxes relating to the Property for the calendar year
in which Closing shall occur shall be prorated between Seller and Buyer as of the Closing Date.
If the actual amount of taxes for the calendar year in which Closing shall occur is not known as
of the Closing Date, the proration for purposes of settlement at Closing shall be based on the
amount of taxes due and payable with respect to the calendar year immediately preceding the
Contract of Sale Allen
Page 4 of 9
calendar year of Closing. As soon as the amount of taxes levied against the Property for the
calendar year in which Closing shall occur is known, Seller and Buyer shall readjust in cash the
amount of taxes payable by Seller as per the prorated responsibilities set forth herein. This
provision shall survive the Closing. Notwithstanding any provision to the contrary, Buyer, as a
home rule municipality, shall not pay for, or be responsible for, the payment of any taxes on
behalf of the Seller.
5.05 Costs of Closing. Buyer is responsible for paying fees, costs, expenses identified herein
as being the responsibility of Buyer or Seller. If the responsibility for such costs or expenses
associated with closing the transaction contemplated by this Contract are not identified herein,
such costs or expenses shall be borne by the Buyer and Buyer shall pay all fees, costs and
expenses of Seller, notwithstanding any provision to the contrary.
ARTICLE VI
DEFAULTS AND REMEDIES
6.01 Seller's Defaults and Buyer's Remedies.
(a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any
one or more of the following events:
(i) Any of Seller's warranties or representations contained in this
Contract are untrue on the Closing Date; or
(ii) Seller fails to meet, comply with or perform any covenant,
agreement, condition precedent or obligation on Seller's part required
within the time limits and in the manner required in this Contract.
(b) Buyer's remedies. If Seller is in default under this Contract, Buyer as Buyer's
sole and exclusive remedies for the default, may, at Buyer's sole option, do either
one of the following:
(i) Terminate this Contract by written notice delivered to Seller in
which event the Buyer shall be entitled to payment of the Earnest Money,
and Seller shall, promptly on written request from Buyer, execute and
deliver any documents necessary to cause the Title Company to return to
Buyer the Earnest Money; or
(ii) Enforce specific performance of this Contract against Seller,
requiring Seller to convey the Property to Buyer subject only to the
Permitted Exceptions.
6.02 Buyer's Default, Seller's Remedies.
(a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver
at Closing, the items specified in Section 5.02(b) of this Contract for any reason
other than a default by Seller under this Contract or termination of this Contract
pursuant to the terms hereof prior to Closing.
Contract of Sale Allen
Page 5 of 9
(b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole
and exclusive remedies for the default, may at Seller's sole option, do either one
of the following:
(i) Terminate this Contract by written notice delivered to Buyer in
which event the Seller shall be entitled to a return of the Earnest Money,
and Buyer shall, promptly on written request from Seller, execute and
deliver any documents necessary to cause the Title Company to return to
Seller the Earnest Money; or
a. Enforce specific performance of this Contract against
Buyer, requiring Buyer to purchase the Property from Seller
subject to no liens, encumbrances, exceptions, and conditions other
than those shown on the Title Commitment.
ARTICLE VII
MISCELLANEOUS
7.01 Notice. All notices, demands, requests, and other communications required hereunder
shall be in writing, and shall be deemed to be delivered, upon the earlier to occur of (a) actual
receipt, and (b) two (2) calendar days following the deposit of, in a regularly maintained
receptacle for the United States Mail, registered or certified, return receipt requested, postage
prepaid, addressed as follows:
SELLER:
Larry D. Allen
Joyce L. Allen
10304 S. Milwaukee
Lubbock, Texas 79424
Copies to:
For Buyer:
Sam Medina
City Attorney
P. O. Box 2000
Lubbock, TX 79457
(806) 775-2221
Telecopy: (806) 775-3307
BUYER:
City of Lubbock
Tom Martin, Mayor
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2312
Telecopy: (806) 775-2051
7.02 Governing Law and Venue. This Contract is being executed and delivered and is
intended to be performed in the State of Texas, the laws of Texas governing the validity,
Contract of Sale — Allen
Page 6 of 9
construction, enforcement and interpretation of this Contract. This Contract is performable in,
and the exclusive venue for any action brought with respect hereto, shall lie in Lubbock County,
Texas.
7.03 Entirety and Amendments. This Contract embodies the entire agreement between the
parties and supersedes all prior agreements and understandings, if any, related to the Property,
and may be amended or supplemented only in writing executed by the party against whom
enforcement is sought.
7.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and
Buyer, and their respective successors and assigns. If requested by Buyer, Seller agrees to
execute, acknowledge and record a memorandum of this Contract in the Real Property Records
of Lubbock County, Texas, imparting notice of this Contract to the public.
7.05 BUYER ACKNOWLEDGES THAT SELLER HAS NOT MADE AND DOES NOT
MAKE ANY REPRESENTATION AS TO THE PHYSICAL CONDITION, OR ANY OTHER
MATTER AFFECTING OR RELATED TO THE PROPERTY (OTHER THAN
WARRANTIES OF TITLE AS PROVIDED AND LIMITED HEREIN). BUYER EXPRESSLY
AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPERTY
IS CONVEYED "AS IS" AND "WITH ALL FAULTS", AND SELLER EXPRESSLY
DISCLAIMS, AND BUYER ACKNOWLEDGES AND ACCEPTS THAT SELLER HAS
DISCLAIMED, ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES
OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED (EXCEPT AS TO TITLE AS
HEREIN PROVIDED AND LIMITED) CONCERNING THE PROPERTY, INCLUDING
WITHOUT LIMITATION (i) THE VALUE, CONDITION, MERCHANTABILITY,
HABITABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR
A PARTICULAR USE OR PURPOSE, OF THE PROPERTY, (ii) THE MANNER OR
QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO ANY
SUCH IMPROVEMENTS, AND (iii) THE MANNER OR REPAIR, QUALITY, STATE OF
REPAIR OR LACK OF REPAIR OF ANY SUCH IMPROVEMENTS. SELLER IS NOT
LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS,
REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY, OR THE
OPERATION THEREOF, FURNISHED BY ANY REAL ESTATE BROKER, AGENT.
EMPLOYEE, SERVANT OR OTHER PERSON. SELLER HAS NOT MADE ANY
REPRESENTATION OR WARRANTY WITH REGARD TO COMPLIANCE WITH ANY
ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES,
REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO,
THOSE PERTAINING TO THE HANDLING, GENERATING, TREATING, STORING OR
DISPOSING OF ANY HAZARDOUS WASTE OR SUBSTANCE, OR THE NATURE,
QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION,
THE WATER, SOIL AND GEOLOGY, OR THE PRESENCE OR ABSENCE OF ANY
UNDERGROUND STORAGE TANK, POLLUTANT, HAZARDOUS WASTE, GAS OR
SUBSTANCE OR SOLID WASTE ON OR ABOUT THE PROPERTY. EXCEPT AS
OTHERWISE PROVIDED IN SECTION 4.02(a)(vi), SELLER HAS NO CONTINUING
OBLIGATION WHATSOEVER TO UNDERTAKE ANY REPAIRS, ALTERATIONS OR
OTHER WORK OF ANY KIND WITH RESPECT TO ANY PORTION OF THE PROPERTY,
BUYER ACKNOWLEDGES THAT BUYER, HAVING BEEN GIVEN THE OPPORTUNITY
TO INSPECT THE PROPERTY, IS RELYING SOLELY ON BUYER'S OWN
Contract of Sale Allen
Page 7 of 9
INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED
OR TO BE PROVIDED BY OR ON BEHALF OF SELLER. BUYER FURTHER
ACKNOWLEDGES THAT NO INDEPENDENT INVESTIGATION OR VERIFICATION
HAS BEEN MADE BY SELLER WITH RESPECT TO ANY INFORMATION SUPPLIED BY
SELLER CONCERNING THE PROPERTY, AND SELLER HAS MADE NO
REPRESENTATION AS TO THE ACCURACY OR COMPLETENESS OF ANY SUCH
INFORMATION, IT BEING INTENDED BY THE PARTIES THAT BUYER SHALL HAVE
VERIFIED THE ACCURACY AND COMPLETENESS OF SUCH INFORMATION.
7.06 Risk of Loss. If any condemnation or any eminent domain proceedings are threatened or
initiated that might result in the taking of any portion of the Property, or if the Improvements to
the Property have been damaged by fire, storms or other acts covered by applicable fire and
extended coverage insurance, and all other conditions to Closing except as a result of such
condemnation or eminent domain proceeding (herein "Condemnation Proceeds") have been met,
Buyer shall consummate this Contract, in which case Buyer, with respect to the Property, shall
be entitled to receive any and all Condemnation Proceeds and insurance proceeds paid for or
with respect to damage to the Property, and Buyer shall have the right to compromise and settle
any such insurance claims.
7.07 Further Assurances. In addition to the acts and deeds recited in this Contract and
contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller and Buyer,
at no cost or expense, agree to perform, execute and/or deliver, or cause to be performed,
executed and/or delivered at the Closing or after the Closing, any further deeds, acts, and
assurances as are reasonably necessary to consummate the transactions contemplated hereby.
7.08 Time is of the Essence. It is expressly agreed between Buyer and Seller that time is of
the essence with respect to this Contract.
7.09 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are
incorporated in and made a part of, this Contract for all purposes.
7.10 Delegation of Authority. Authority to take any actions that are to be, or may be, taken
by Buyer under this Contract are hereby delegated by Buyer to City Manager, Lee Ann
Dumbauld, or her designee.
Executed by Seller on the 3 r� day of 2010.
SELLER:
Contract of Sale Allen
Page 8 of 9
Executed by Buyer on the 10th day of ,Tune 2010.
ATTEST:
I
Rebec a Garza, City Secretary
APPROVED AS TO CONTENT:
io-(2
Marsha Reed, P.E. Chief Operations Officer
Q--j
_ - n�
Dave Booher
Right -of -Way Agent
Chad Weaver
Assistant City Attorney
BUYER:
CITY OF LUBBOCK, TEXAS
"W,m�r
TOM MARTIN, MAYOR
Contract of Sale -- Allen
Page 9 of 9
Resolution No. 2010—RO262
EXHIBIT "A"
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.
GENERAL WARRANTY DEED
DATE:
GRANTOR: Larry D. Allen
Joyce L. Allen
10304 S. Milwaukee
Lubbock, Texas 79424
GRANTOR'S MAILING ADDRESS:
Larry D. Allen
Joyce L. Allen
10304 S. Milwaukee
Lubbock, Texas 79424
GRANTEE: City of Lubbock, Texas, a municipal corporation
GRANTEE'S MAILING ADDRESS:
P.O. Box 2000
Lubbock, Lubbock County, Texas 79457
CONSIDERATION:
TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration.
PROPERTY (including any improvements):
That certain tract of land further described in Exhibit "A" attached hereto.
RESERVATIONS FROM CONVEYANCE:
Any and all mineral interests in connection with the Property
EXCEPTIONS TO CONVEYANCE AND WARRANTY:
All items listed on Exhibit "B" attached hereto.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with
all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee
and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and
successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs,
successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any
part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and
Warranty.
General Warranty Deed -Allen
Page 1
When the context requires, singular nouns and pronouns include the plural.
LARRY D. ALLEN
JOYCE L. ALLEN
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on this _ day of _ 2010, by
LARRY D. ALLEN.
Notary Public, State of Texas
My commission expires:
STATE OF §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on this day of
L. ALLEN.
Notary Public, State of Texas
My commission expires:
General Warranty Deed -Allen
Page 2
2010, by JOYCE
Resolution No. 2010-RO262
EXHIBIT "A"
TRACT 1 • A tract of land out of Section 22, Block A-K, Lubbock County, Texas, and
being more particularly described by metes and bounds as follows:
BEGINNING at an iron rod that is South 1683.315 feet from the Northeast corner of
Section 22, Block A-K, Lubbock County, Texas;
THENCE West 320 feet to an iron rod;
THENCE South 143,055 feet to an iron rod;
THENCE East 320 feet to an iron rod;
THENCE North 143,055 feet to the Place of Beginning,
TRACT II: A tract of land Iocated in the Northeast Quarter of Section 22, Block A-K,
Lubbock County, Texas, being further described as follows:
BEGINNING at a %:" iron rod with cap set for the Northeast corner of this tract which
bears South, 1611.79 feet from the Northeast comer of Section 22, Block A-K, Lubbock
County, Texas;
THENCE South, a distance of 71.53 feet to a %" iron rod with cap set for the Southeast
comer of this tract;
THENCE West, at 50.0 feet pass a'/:" iron rod with cap set in reference, continuing for a
total distance of 320.00 feet to a VV iron rod with cap set for the Southwest corner of this
tract;
THENCE North, a distance of 71,53 feet to a'N' iron rod with cap set for the Northwest
corner of this tract;
THENCE East, at 270.0 feet pass a %:" iron rod with cap set in reference, continuing for a
total distance of 320.00 feet to the Point of Beginning.
Resolution No. 2010-RO262
"EXHIBIT B"
All kitchen cabinets
All ceiling fans and light fixtures
The tankless hot water heater
Front door (Seller shall replace the front door)
The sliding door in the dining area
The solar screens on porch (Seller shall replace with standard screens)
All of the wooden blinds
All of bathroom faucets
The tub in the master bath
The interior 6 panel doors (Seller shall replace panel doors)
5 X 6 mural lighthouse painting
Resolution No. 2010—RO262
LOU NU MUNN AIND TITLE P-1
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.
GENERAL WARRANTY DEED
DATE: JAM 9,ADID
GRANTOR: Larry D. Allen
Joyce L. Allen w
10304 S. Milwaukee
Lubbock, Texas 79424 w
GRANTOR'S MAILING ADDRESS:
Larry D. Allen
Joyce L. Allen
10304 S. Milwaukee
Lubbock, Texas 79424
GRANTEE: City of Lubbock, Texas, a municipal corporation
GRANTEE'S MAILING ADDRESS:
P.O. Box 2000
Lubbock, Lubbock County, Texas 79457
CONSIDERATION:
TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration.
PROPERTY (including any improvements):
That certain tract of land further described in Exhibit "A" attached hereto.
RESERVATIONS FROM CONVEYANCE:
Any and all mineral interests in connection with the Property
EXCEPTIONS TO CONVEYANCE AND WARRANTY:
All items listed on Exhibit "B" attached hereto.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with
all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee
and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and
successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs,
successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any
part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and
Warranty.
General Warranty Deed -Allen
Page 1
When the context requires, singular nouns and pronouns include the plural.
>%4.,J
LARK D. A EN
JG. CFy . ALLEN
11
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on this day of 2010, by
LARRY D. ALLEN.
GAIL W!I NSOPa JJ�
' Noiary Public, State of Texas Notary Public, State of Texas
My Cvninission Expires 5.7-2012 My commission expires:
STATE OF
COUNTY OF LUBBOCK
This instrument was acknowledged before me on this day of , 2010, by JOYCE
L. ALLEN.
"VetIJ
Notary Public, State of Texas
My commission expires:
`,•= GAIL �!LCOXSON
�lolar� puu11c, State of Texas
�;T,..,.:��' lvly Ccn�mssicn cxp�res5-7.2012
General Warranty Deed -Allen
Page 2
Resolution No. 2010-RO262
EXHIBIT "A"
TRACT 1: A tract of land out of Section 22, Block A-K, Lubbock County, Texas, and
being more particularly described by metes and bounds as follows:
BEGINNING at an iron rod that is South 1683.315 feet from the Northeast corner of
Section 22, Block A-K, Lubbock County, Texas;
THENCE West 320 feet to an iron rod;
THENCE South 143.055 feet to an iron rod;
THENCE East 320 feet to an iron rod;
THENCE. North 143.055 feet to the Place of Beginning.
TRACT II: A tract of land located in the Northeast Quarter of Section 22, Block A-K,
Lubbock County, Texas, being further described as follows:
BEGINNING at a %Z" iron rod with cap set for the Northeast corner of this tract which
bears South, 1611.79 feet from the Northeast corner of Section 22, Block A-K, Lubbock
County, Texas;
THENCE South, a distance of 71.53 feet to a''/Z" iron rod with cap set for the Southeast
comer of this tract;
THENCE West, at 50.0 feet pass a''/z" iron rod with cap set in reference, continuing for a
total distance of 320.00 feet to a ''/z" iron rod with cap set for the Southwest corner of this
tract;
THENCE North, a distance of 71.53 feet to a''/z" iron rod with cap set for the Northwest
corner of this tract;
THENCE East, at 270.0 feet pass a''/s" iron rod with cap set in reference, continuing for a
total distance of 320.00 feet to the Point of Beginning.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
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Kelly Pinion, County Clerk
Lubbock County TEXAS
July 09, 2010 01:59:52 PM
FEE: $24.00 2010022731