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Home My WebLink AboutResolution - 2010-R0234 - Deed W/O Warranty Transferring Property To The Louise Hopkins Underwood Center - 05/27/2010Resolution No. 2010—RO234 May 27, 2010 Item No. 6.1 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 Louise Hopkins Underwood Center for the Arts, Inc., 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 May 27, 2010 �'�..ill'� TOM MARTIN, MAYOR ATTEST: RebeNca Garza, City Secretary APPROVED AS TO CONTENT: Dave Booher, Right of Way Agent Ma Yearwood, Assistant City Manager Chief Information Officer APP V AS O FORM: Chad Weaver., Assistant City Attorney vw:ccdocs RES.LRAC, Inc. -Deed Without Warranty April 6, 2010 RE -FILED File and Return to CORRECTED LEGAL Dave Booher R.O.W. City of Lubbock llllllilllllllllllllllllllllllllllllll DEED 201001749 6 PGS Resolution No. 2010-RO234 DEED WITHOUT WARRANTY DATE: May 13, 2010 GRANTOR: City of Lubbock, Texas GRANTOR'S MAILING ADDRESS: P O Box 2000 Lubbock, Texas 79457 GRANTEE: Louise Hopkins Underwood Center for the Arts, 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): 412 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 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 Deed Without Warranty Pg l of 6 m o M Mm 0 o y (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) of Block 6 of the Original Town Addition to the City of Lubbock, Texas, according to the map and plat thereof 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. to provide 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 Pg 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 Pg 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 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. 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 Pg 4 of 6 EXECUTED THIS 27th DAY OF May , 2010. GRANTOR: CITY OF LUBBOCK j 44 -0 - TOM MARTIN, MAYOR ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT: SCJ s --c A� Dave Booher, Right of Way Agent Mark earw od, As istant City Manager Chief Information Officer APPo AS O FORM: Chad Weaver, Assistant City Attorney STATE OF TEXAS 500] 8211we] 0 11I1e]eT�Z�I;� BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared TOM MARTIN, 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. 1 41 - GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Z day of 2010. �'•. ,�`�Y�C ELISA SANCHEZ Notary Public in and for Lubb k County, Texas �tntary Public, State of Texas My Commissions expires: l l - 0-( -,)LO ( 1 ,awr `,Senn Fxuires 11-07.2011 Deed Without Warranty Pg 5 of 6 GRANTEE: LOUISE HOPKINS UNDERWOOD CENTER FOR THE ARTS, INC. BY: C Name: Carol McWhorter Title: President STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on- _/�Z , 2010, by NS Carol McWhorter, President, on behalf of LOUISE HOPKIUNDERWOOD CENTER FOR THE ARTS, INC., a Texas not-for-profit corporation. S;�' W. -X � Notary Public, State of Texas ESNotary VY M. BODE)#res My commission expires: 42 - ?6/� Public, Statommission12-16.201 FILED AND RECORDED Voir r� 4f:P .� .:. ?f. OFFICIAL PUBLIC RECORDS AIN f �4".1'6F—i S'b�0 Kelly Pinion, County Clerk Lubbock County TEXAS June 02, 2010 03:44:29 PM FEE: $36.00 vw City AtUChad:'Deed Without Warranty-LRAC April 6, 2010 2010017495FILED AND RECORDED OF �f.r a, 9� OFFICIAL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County TEXAS June 15, 2010 02:36:23 PM FEE: $36.00 Deed Without Warranty Pg 6 of 6 20100191