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Home My WebLink AboutResolution - 2004-R0159 - Deed Without Warranty - Lubbock Regional Arts Center, Inc. - 03_23_2004Resolution No. 2004-RO159 March 23, 2004 Item No. 64 F7�•Y0a 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 Arts Center, Inc., 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 231 APPROVED AS TO CO NT: Randy— T esdell Community Services Director APPROVED AS TO FORM: Afnyy�ims ----� _ Assi f�`"`nt City Attorney kelccdocsslDeed Without Warranty. LRAC.Res March 15, 2004 )4. Wo And Return TO ) , j;, fd B,ncy R-0-W Rasclutiou No. 2004—RO159 March 23, 2004 " Item No. 64 DEED WITHOUT WARRANTY VDl 9092PACE152 1- 7417, d„&I/ DATE: March 23, 2004 9D GRANTOR: City of Lubbock, Texas 1 GRANTOR'S MAILING ADDRESS: P.O. Box 2000 Lubbock, TX 79457 GRANTEE: Lubbock Regional Arts Center, Inc. GRANTEE'S MAILING ADDRESS: 511 Avenue K Lubbock, Texas 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): Fifth Street and Avenue J, Lubbock, Texas 79401 Legal Description: Lot, tract or parcel of land lying and being situated in Lubbock County, Texas, the same being all of Lots Sixteen (16), Seventeen (17), Eighteen(18), Nineteen(19< and Twenty (20) of Block Number Twenty -Two (22) of the Deed Without Warranty Page 1 of 6 I VOL 9092PAcE153 Original Town Addition to the city of 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 Arts Center, Inc. provides a central home for the arts and to foster the arts through education, exhibition and performance. 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 VOL 9092PACE154 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, .s 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 VOL 9092Pacf155 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 RvIPLIED, 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 RY PROVEMENTS 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 �9-xq - F1/'6 y VOL 9092PACE156 EXECUTED THIS 23rd DAY OF March , 2004. GRANTOR: CITY OF LL I APPROVED AS TO CONTENT: Randy Truesdell Community Services Director APPROVED AS TO FORM: ims 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 therein stated and for the purpose and consideration therein expressed. d- GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ey day of �, 2004. .n� UlnrP �f�� "a+�-♦' LiNDA 8. HART i �•' +"efy =notary Public, state of Texas Notary blic in and for Lubbock County, Texas fV�y cO ic!,,910l1 Expifee lure 30, 2007 My Commission expires: 6 —&.0 ii!))114it Deed Without Warranty Page 5 of 6 VOL 9092PA 157 GRANTEE: BOCK R.EG:rS CENTER, INC.� By Name: Dou Sanford Title: President STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on � { wh , �, 2004, by Doug Sanford, President, on behalf of LUBBOCK REGIONAL ARTS CENTER., INC., a Texas not -for -profit corporation. it. ira �.,ic.r •�)w•rn..e•cri rr+. Y-. T'LED FOR RECORD 20g APR 29 PM 2= 23 COtlN1Y CLERK.LU@@OC% CO'JN7Y.7Et(nS ALS i%elcityatt/Amy/D eed Wi tho utWarran ty. LR AC March 12, 2004 4NotPublic, tate of Texas My commission expires �� 3 biMYt Ur- 1)--xAS COUNTY OF LUBBOCK 1 hereby cw* that tlds 4MUUmertt was PILED on Vv deft and at the time slarnpad harem by me and was fluty RECORDED in the Vokone and Pape of the Official Rib* Records of Lubbock County. Texas as stamped harem try mb APR 29 214 ��, r `s 'ems COLNTY CLERK LUBBOCK cOUNT, , TEXAS Deed Without Warranty Page 6 of 6