HomeMy WebLinkAboutResolution - 2019-R0250 - Engineering Innovation DevelopmentsResolution No. 2019-RO250
Item No. 6.17
July 9, 2019
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 Sale and Redevelopment of Municipal Real Estate
Contract, by and between the City of Lubbock and Engineering Innovation Developments,
LLC, of Lubbock, Texas, and all related documents. Said Contract 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;
THAT the City Council finds it to be in the best interest of the citizens of the City of
Lubbock in order to expedite the performance of city business, to delegate authority to
execute any necessary or related documents associated with this conveyance to the City
Manager of the City of Lubbock, or his designee.
Passed by the City Council on Julv 9- 2019
jEFFWI!;VITif, MAYOR PRO TEM
ATTEST:
Rebe ca Garza, City Secretar
APPROVED AS TO CONTENT:
Mark Yearwood Assist t City Manager
APPROVED AS TO FORM:
Ry oolc , Assistant City Attorney
RLS.Sale and Redevclopmenl-I ngincering Innovation Developments
6.14.19
CITY OF LUBBOCK, TX
Resolution No. 2019-RO250
Sale and Redevelopment of Municipal Real Estate:
LP&L "Plant 1" (LOAD "R" Nos. 306146, 88828, & 88879)
CONTRACT NO. 14516
This Contract is entered into as of the q` `day of 2019 (the "Effective Date") by
and between, Engineering Innovation D elopments, JL (the "Buyer"), and the City of
Lubbock (the"Seller").
WHEREAS, Seller owns that certain tract of land located in Lubbock County, Texas, being
described in"Exhibit A" attached hereto (the "Land"); and
WHEREAS, Seller desires to sell and convey the Land, the rights appurtenant to the Land, and
the fixtures affixed to the Land (collectively, the"Property") to Buyer.
ARTICLE 1: SALE AND PURCHASE
Section 1.II. Sale and Purchase. Subject to the terms and conditions of this Contract, Seller
shall sell and Buyer shall purchase and pay for, on 2019, or at such time
thereafter as the Seller may direct (the "Closing Date"), without warranty, either expressed or
implied, the Property.
ARTICLE 11: PURCHASE PRICE
Section 2.1. Purchase Price. The price to be paid by Buyer to Seller for the Property shall be
50,000 (the "Purchase Price").
Section 2.2. Earnest Money. Buyer shall deposit ten percent (10%) of the Purchase Price on
2019 (the "Earnest Money"), in cash or cashier's check, with the City's Right-
of-Way Department, P.O. Box 2000, Lubbock, Texas 79457, upon execution of this Contract
by Buyer. In the event Buyer shall not be awarded the bid for the purchase of the Property, the
Earnest Money shall be returned to the Buyer, upon Buyer's execution of a release satisfactory
in forin and substance to Seller, on or before ten (10) business days after the awarding of the
successful bid. Seller shall be deemed to have offered to return the Earnest Money deposit
upon contacting Buyer at the address and/or phone number set forth in the Bid Form described
in Section 10.01, below.
Section 2.2. Payment of Purchase Price. The Purchase Price shall be payable to Seller, in
cash or other immediately available funds, at the Closing Date.
ARTICLE III: GENERAL REQUIREMENTS
The developer that is selected to purchase and redevelop the property must show substantial
progress in the redevelopment of the property within thirty(30) months of purchase or the City
will have the right to re-claim the property for the initial purchase price.
ARTICLE IV: INDEPENDENT INVESTIGATION AND DISCLAIMER
Section 3.1. Independent Evaluation. Buyer has made an independent inspection and
evaluation of the Property and the title to same and acknowledges that Seller, except as
provided in the Contract Documents, as defined below, has made no statements or
representations concerning the present or future value of the Property, the state of the title to
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,
SELLER MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER,
EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION,
AS TO THE DESCRIPTION, TITLE, INCLUDING, WITHOUT LIMITATION, TO 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. Buyer further acknowledges that, in entering into
this Contract, he/she/it has relied solely upon his/her/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. Seller makes no warranty or
representation as to the accuracy, completeness or usefulness of any information furnished to
Buyer, if any, whether furnished by Seller or any other third party. Seller, its officers,
employees, elected officials and agents assume no liability for the accuracy, completeness or
usefulness of the material furnished by the Seller, or any of its officers, employees, elected
officials 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 Seller, its officers, employees,
elected officials and/or agents, and any such reliance shall be at Buyer's sole risk.
Section 3.2. Disclaimer-No Warranty, Expressed or Implied. THE DEED WITHOUT
WARRANY OF THE PROPERTY DESCRIBED IN "EXHIBIT B" 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. Buyer has satisfied
himself/herself/itself, as to the title, type, condition, quality and extent of the property and
property interests which comprise the Property he/she/it is receiving pursuant to this Contract.
ARTICLE V: REPRESENTATIONS, WARRANTIES AND COVENANTS OF BUYER
Section 4.1. Representations, Warranties and Covenants of Buyer. To induce Seller to enter
into this Contract and to consummate the sale and purchase of the Property in accordance
herewith, Buyer represents and warrants to Seller, as of the Closing Date, that:
a) Buyer has the full right, power and authority to purchase the Property from Seller as
provided in this Contract and to carry out all of Buyer's obligations under this Contract, and
all requisite action necessary to authorize Buyer to enter into this Contract and to carry out
Buyer's obligations hereunder have been, or on or before the Closing Date, will leave been
taken.
b) Buyer hereby acknowledges that Buyer has been advised by Seller that it should
conduct, and Buyer acknowledges, and represents and warrants to Seller, that it has
conducted all investigation activities described herein.
c) 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 and has not taken any
action which would result in any real estate broker commissions or finders' fee or any other
fee or fees payable to any other party with respect to the transaction contemplated in this
Contract.
d) Buyer shall comply with all applicable federal, state and local laws, statutes,
ordinances, rules and regulations relating, in any way, manner or form, to any aspect of the
transaction contemplated by this Contract.
Section 4.2. Survival Beyond Closin. The representations, warranties and covenants of
Buyer contained in this Contract, as set forth in this Article V shall survive the Closing.
ARTICLE VI: INDEMNITY AND RELEASE
Section 5.1. Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, BUYER
RELEASES AND SHALL INDEMNIFY AND HOLD HARMLESS SELLER, AND
SELLER'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND
AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS WHICH ARISE DIRECTLY
OR INDIRECTLY, OR ARE RELATED, IN ANY WAY, MANNER OR FORM, TO THE
TRANSACTIONS AND ACTIVITIES CONTEMPLATED HEREUNDER, THE OMISSION
OF THE TRANSACTIONS AND ACTIVITIES HEREUNDER, OR CAUSED BY,
CONNECTED WITH, OR RELATED TO THE PRESENCE, DISPOSAL, OR RELEASE OF
ANY MATERIAL OF ANY KIND INCLUDING, WITHOUT LIMITATION, HAZARDOUS
SUBSTANCES, AS DEFINED IN THE COMPREHENSIVE ENVIRONMENTAL
RESPONSE, COMPENSATION AND LIABILITY ACT(42 U.S.C.S. §9601(14)), AND THE
REGULATIONS PROMULGATED THEREUNDER, AS EACH OF SAME MAY BE
AMENDED, PETROLEUM AND PETROLEUM PRODUCTS AND BYPRODUCTS
AND/OR ASBESTOS IN ANY FORM, FROM OR UPON THE PROPERTY AT THE TIME
IT IS CONVEYED TO BUYER OR THEREAFTER, EVEN THOUGH ANY OF THE
ABOVE ARE CAUSED, OR CONTRIBUTED TO, BY THE NEGLIGENCE OR FAULT OF
SELLER, ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR
AGENTS. THE BUYER FURTHER COVENANTS AND AGREES TO DEFEND ANY
SUITS OR ADMINISTRATIVE PROCEEDINGS BROUGHT AGAINST THE SELLER,
AND/OR THE SELLER'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED
OFFICIALS AND/OR AGENTS ON ACCOUNT OF ANY SUCH CLAIM, AND TO PAY
OR DISCHARGE THE FULL AMOUNT OR OBLIGATION OF ANY SUCH CLAIM
INCURRED BY, ACCRUING TO, OR IMPOSED ON THE SELLER, THE SELLER'S
RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS
APPLICABLE, RESULTING FROM ANY SUCH SUITS, CLAIMS AND/OR
ADMINISTRATIVE PROCEEDINGS OR ANY MATTERS RESULTING FROM THE
SETTLEMENT OR RESOLUTION OF SAID SUITS, CLAIMS, AND/OR
ADMINISTRATIVE PROCEEDINGS. IN ADDITION, THE BUYER SHALL PAY TO THE
SELLER, THE SELLER'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED
OFFICIALS AND/OR AGENTS, AS APPLICABLE, ALL ATTORNEYS' FEES INCURRED
BY SUCH PARTIES.
Section 5.2. Survival Beyond Closing. The indemnity provisions contained in this Contract,
as set forth in this Article VI, shall survive the Closing.
ARTICLE VII: CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE
Section 6.1. Breach of Buyer's Representations, Warranties and Covenants. Seller is not
obligated to perform under this Contract unless all of the representations, warranties, covenants
and agreements of Buyer set forth in this Contract are true and correct in all material respects as
of the Closing Date.
ARTICLE VIII: CLOSING
Section 7.1. Place of Closing. The closing (the "Closing") shall take place on the Closing
Date in the offices of the City of Lubbock, 1625 13`x' Street, Lubbock, Texas.
Section 7.2. Closing.
a) Items to be Delivered at Closing - Seller. At Closing, Seller shall deliver to Buyer, at its
sole cost and expense, the following item: A Deed Without Warranty, in the forin attached
hereto as "Exhibit C", duly executed by Seller and acknowledged. Buyer shall be
responsible for any and all costs associated with the recording of said Deed Without
Warranty.
b) Items to be Delivered at Closing - Buyer. At Closing, Buyer shall deliver to the Seller
the following items:
i) the cash sum required by Section 2.1;
ii) A Deed Without Warranty, in the form attached as "Exhibit C", duly executed
by Buyer and acknowledged; and
iii) any other items reasonably requested by the Seller as administrative
requirements for consummating the Closing.
Section 7.3. Responsibilities of Buyer. Notwithstanding anything to the contrary herein, this
Section 7.3 shall survive the Closing. Buyer shall be solely responsible for all ad valorem taxes
relating to the Property for the calendar years prior to the year in which the Closing shall occur,
if any, shall be the sole responsibility of, and shall be paid by Buyer, at Closing. Further, all ad
valorem taxes relating to the Property for the calendar year in which the Closing shall occur, if
any, shall be the sole responsibility of Buyer and Buyer shall promptly pay such ad valorem
taxes when same become due and owing.
ARTICLE IX: DEFAULTS AND REMEDIES
Section 8.1. Seller's Default, Buyer's Remedies.
a) Seller's Defaults. Seller is in default under this Contract if Seller fails to meet, comply
with, or perform in any material respect any obligation on Seller's part required herein
within the time limits and in the manner required by this Contract.
b) Buyer's Remedies. If Seller is in default hereunder, Buyer may, as Buyer's sole and
exclusive remedy, terminate this Contract and, following the expiration of five (5) calendar
days after written notice delivered to Seller, receive the Earnest Money as liquidated
damages.
Section 8.2 Buyer's Default; Seller's Remedies.
a) Buyer's Defaults. Buyer is in default under this Contract if Buyer fails to: meet, comply
with, or perform in any material respect, any obligation on Buyer's part required herein
within the time limit and in the manner required by this Contract.
b) Seller's Remedies. If Buyer is in default under this Contract, Seller may terminate this
Contract and retain the Earnest Money and bring an action for specific performance or
damages, and pursue any other remedy available to Seller at law, in equity and under the
terms of this Contract. The exercise of any right or remedy shall not preclude the
concurrent or subsequent exercise of any other right or remedy and all rights and remedies
shall be cumulative.
ARTICLE X: NOTICE
Section 9.01. Notice. Whenever notice from Buyer to Seller or from Seller to Buyer is required
or permitted by this Contract and no other method of notice is provided, such notice shall be
given by (i) actual delivery of the written notice to the other party by hand or telephone
facsimile (in which case such notice shall be effective upon delivery); or (ii) by depositing the
written notice in the United States mail, postage prepaid, properly addressed to the other party
at the address provided in this article, registered or certified mail, return receipt requested, in
which case such notice shall be effective on the third business day after such notice is so
deposited. The Seller's and Buyer's addresses and numbers for the purpose of this Contract are:
SELLER: CITY OF LUBBOCK BUYER: Engineering Innovation Developments,LLC
Right-of-Way Agent Leslie and Richard Doggett
P.O.Box 2000 9808 Salisbury Avenue
Lubbock,Texas 79457 Lubbock,Texas 79424
806)775-2352
ARTICLE XI: MISCELLANEOUS
Section 10.01. Entire Agreement. This Contract, including all exhibits and parts hereof,
including the RFP documents (the "Contract Documents"), contain the entire agreement
between the Seller and Buyer, and there are no other written or oral promises, conditions,
warranties, or representations relating to or effecting the matters contemplated herein.
Section 10.02. Amendment. No amendment, modification, or alteration of the terms of this
Contract shall be binding unless such amendment, modification, or alteration is in writing,
dated subsequent to the date of this Contract, and duly executed by the Seller and Buyer.
Section 10.03. Construction and Venue. THIS CONTRACT AND THE TRANSACTIONS
CONTEMPLATED HEREIN SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO
HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND
VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR
PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR THE TRANSACTIONS AND ACTIVITIES CONTEMPLATED
HEREBY.
Section 10.04. Severability. If any provision, or part thereof, of this Contract is ever held to be
invalid or ineffective by any court of competent jurisdiction with respect to any person or
circumstance, the remainder of this Contract and the application of such provision to persons
and/or circumstances other than those with respect to which it is held invalid or ineffective
shall not be affected thereby.
Section 10.05. Successors and Assigns. This.Contract binds and inures to the benefit of the
Seller and Buyer, and to Seller's, and to the extent pennitted, Buyer's, respective successors,
legal representatives, heirs, devisees and assigns.
Section 10.06. Risk of Loss. If any part of the Property is materially damaged or destroyed by
fire or other casualty loss, Buyer may either (i) tenninate this Contract, provided that notice of
termination is given by Buyer to Seller, as provided herein,on or before the Date of Closing; or
ii) accept the Property in its damaged condition and close the transaction contemplated by this
Contract.
Section 10.07. Attorney's Fees. If either party hereto shall be required to utilize an attorney to
enforce or defend the rights of such party hereunder, the prevailing party shall be entitled to
recover its reasonable attorney's fees. Except as otherwise provided herein, each party hereto
shall be solely responsible for all expenses, including but not limited to attorney's fees,
incurred by him or her, in connection with the Contract and the transaction contemplated
hereby.
Section 10.08. Cations. The captions of articles and sections in this Contract are inserted in
this Contract strictly for the parties' convenience in identifying the provisions to this Contract
and shall not be given any affect in construing this Contract.
Section 10.09. Incorporation of Contract Documents. The terms and provisions of the Contract
Documents are hereby incorporated into this Contract for Sale for all intents and purposes.
Section 10.10. Reversion. If substantial progress in the development of the property is not
made within thirty(30) months, The City retains the right to re-claim the property at the initial
purchase price.
Section 10.11.Non -Arbitration. The City reserves the right to exercise any right or remedy
available to it by law, contract, equity, or otherwise, including without limitation, the right to
seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not
be subject to any arbitration process prior to exercising its unrestricted right to seek judicial
remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another provision in, or
related to, this document, this provision shall control.
section 10.12. The City's Right to Audit. At any time during the RFP process or thereafter, the
City, or a duly authorized audit representative of the City or the State of Texas, at its expense
and at reasonable times, reserves the right to audit the offeror's records and books relevant to
all services provided to the City under this RFP. In the event such an audit by the City reveals
any errors or overpayments by the City, the offeror shall refund the City the full amount of such
overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves
the right to deduct such amounts owing the City from any payments due to the offeror.
INTENTIONALLY LEFT BLANK-----
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
Seller: City of Lubbock, Texas Buyer: Engineering Inno is
Develop ts, LLC
By:
Printed Name: Leslie Doggett, Owner
JEF11 GR FtlTH, MAY R PRO TEM
By: C21AV
ATTEST: Printed Naine: Richard Doggett, Owner
Reb tca Garza, City Secret
APPROVED AS TO CONTENT:
r
Mark Ybarw'ooO Assistint City Manager
APPROVED AS TO FORM:
e/':
Ry B oke, sistant City Attorney
EXHIBIT A—Property Description
Real Estate Description
The property is commonly known as "LP&L Plant 1" located near 5"' Street & Avenue J,
Lubbock, Texas.
The legal description of the property is: ORIG T LUBBOCK PT OF L 4 THRU 7 & CLOSED
ROW; ORIG T LUBBOCK SLK 7 ALL OF L 8 THRU 12 & PT OF 13 THRU 16 & CLOSED
ROW; and, ORIG T LUBBOCK BLK 7 PT L13-16.
The Lubbock Central Appraisal District (LOAD) describes the property as R306146, R88828,
and R88879. The LCAD data sheets for each portion of the property are included as a part of
this Exhibit A.
EXHIBIT B: Property Disclosures
Past Uses of Block 7/LP&L Plant 1 (near 5"' Street& Avenue,n
A large-scale municipal water treatment and distribution facility and an electrical power
generating facility once operated on the site of LP&L Plant#1, along with supporting structures
such as a transformer shop, cooling tower, and railroad spur.
The site was initially developed prior to 1916 for use as a municipal water
treatment/distribution facility. Additionally, it has undergone construction, demolition,
expansion, and rebuilding. Former on-site structures/improvements have included elevated
water tanks, in ground water reservoirs, pump buildings, water wells, and cooling towers.
Research suggests:
Electrical transformers were stored in this structure.
Bulk fuel, including fuel oil and diesel, has been used, stored, and dispensed on the site, and
numerous fuel tanks, including a very large subsurface concrete tank, were installed
LPST No. 092462 and LPST No. 093557 - implicating that tanks were once installed on the
site, and have been assigned, and were associated with, groundwater contamination.
Commercial/industrial-grade chemicals commonly associated with electric power generation,
transformer repair/maintenance, water treatment, general repair/maintenance, - grounds
maintenance, and custodial services have been used, stored, or otherwise handled on the site.
Likewise, the chemical/petroleum-related problems commonly associated with railroad
activities could reasonably be suspected.
Environmental Cleanup Activities for LP&L Plant 1
The following activities have been undertaken at this site:
Turbine exhaust piping that was wrapped with asbestos containing mastic material, has been
removed.
Hydraulic fluids, associated lines and reservoirs have been removed.
Three out of the four generators have been removed from the facility.
One large"oiler"tank has been drained and removed.
Drums and containers holding various oils have been removed.
Fluids in the large facility sumps have been removed and the sumps have been spray washed.
A large concrete in ground water tank outside of the building has not been demolished or
removed.
The soil and groundwater at this site have been assessed and remediated to the TCEQ's
satisfaction. The City received a letter in January 2012 indicating that no further action is
required.
A deed restriction in the form of a Municipal Settings Designation (MSD) exists at this
property. The MSD restricts the use of the groundwater for drinking water purposes.
Outstanding Environmental Issues for LP&L Plant 1
The fire retardant/insulation material on the inside ceiling of the building has not been
sampled and tested for asbestos containing material.
The old cooling tower has not been assessed for high concentrations of heavy metals (e.g.,
zinc and chromium) or other contaminants typically found in such a structure. The structure
may be expensive to demolish due to handling and disposal of hazardous materials.
Although the hydraulic fluid lines and reservoirs were removed, the hydraulic pumps have
not been decommissioned.
Exhibit C: Draft Deed Without Warrantv
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.
DEED WITHOUT WARRANTY
Date:
Grantor: City of Lubbock,Texas
Grantor's Mailing Address:
P.O. Box 2000
Lubbock,Lubbock County,Texas 79457
Grantee: Engineering Innovation Developments,LLC
Grantee's Mailing Address: 9808 Salisbury Avenue,Lubbock TX 79424
Consideration:
Ten and No/100 Dollars($10.00)and other good and valuable consideration.
Property(including any improvements):
That certain real property located at in Lubbock, Lubbock County,Texas,and being further
and more particularly described as
Reservations From Conveyance:
Grantor reserves and excepts from this conveyance, for Grantor and Grantor's successors and assigns all oil, gas
and other minerals on, in and under all of the land described in this deed, together within the right of ingress and
egress for the purpose of exploring for,drilling for,producing and marketing oil,gas and other minerals.
Grantor reserves from this conveyance a perpetual underground utility easement for any underground utilities
located on or under the Property, including but not limited to the locations described and set forth in Exhibit" "
attached hereto, to retain all rights of access and use for the purposes of laying out,opening,constructing,
operating, maintaining and reconstructing underground water and stormwater utility infrastructure,
together with necessary incidentals and appurtenances thereto, in,along, upon and across Property.
Exceptions to Conveyance:
None
Representations and Warranties of Grantee:
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.
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 relatin; 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.
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.
EXECUTED THIS DAY OF 2019.
GRANTOR: CITY OF LUBBOCK GRANTEE: Leslie and Richard Doggett
Engineering Innovation Developments,LLC
DANIEL M.POPE,MAYOR Leslie Doggett
Richard Doggett
ATTEST:
Rebecca Garza,City Secretary
APPROVED AS TO CONTENT:
Right-of-Way Agent
APPROVED AS TO FORM:
Ryan Brooke,Assistant City Attorney
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on this day of 20_by Daniel M.Pope,Mayor
of the City of Lubbock.
Notary Public,State of Texas
My commission expires:
O 2019034794 B PCS DEED
. , . , llliriP'JI.WM-HlhhAhWAWi:™ I
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.
DEED WITHOUT WARRANTY
Date: September 5, 2019
Grantor: City of Lubbock, Texas
Grantor's Mailing Address:
P.O. Box 2000
Lubbock, Lubbock County, Texas 79457
Grantee: Engineering Innovation Developments, LLC
Grantee's Mailing Address:
9808 Salisbury Avenue
Lubbock, Lubbock County, Texas 79424
Consideration:
Ten and No/100 Dollars ($10.00) and other good and valuable consideration.
Property (including any improvements):
The property commonly described as "LP&L Plant 1" located near 5"' Street &
Avenue J, Lubbock, Lubbock County, Texas, and the legal description of the property
being Lots Eight (8), Nine (9), Ten (10), Eleven (11), and Twelve (12), Block Seven
(7), Original Town of Lubbock, Lubbock County, Texas according to the Map, Plat
and/or Dedication Deed thereof recorded in Volume 35, Page 156 of the Deed
Records of Lubbock County, Texas; and
All that fractional parts of Lots Four (4), Five (5), Six (6), and Seven (7), Block
Seven (7), Original Town of Lubbock, Lubbock County, Texas, according to the
Map, Plat and/or Dedication Deed thereof recorded in Volume 39, Page 132 of the
Deed Records of Lubbock County, Texas; and
All that fractional parts of Lots Thirteen (13), Fourteen (14), and Sixteen (16), Block
Seven (7), Original Town of Lubbock, Lubbock County, Texas, according to the
Map, Plat and/or Dedication Deed thereof recorded in Volume 39, Page 132 of the
Deed Records of Lubbock County, Texas; and
Deed Without Warranty Page 1 of 4
All that fractional parts of Block Seven (7), Original Town of Lubbock, Lubbock
County, Texas, according to the Map, Plat and/or Dedication Deed thereof recorded
in Volume 1329, Page 784 of the Deed Records of Lubbock County, Texas; and
The Property includes the street right-of-way abandoned and closed by City
Ordinance No. 2016-00117, passed by the Lubbock City Council on second reading
on August 25, 2016.
Reservations From Conveyance:
Grantor reserves and excepts from this conveyance, for Grantor and Grantor's
successors and assigns all oil, gas and other minerals on, in and under all of the land
described in this deed, together within the right of ingress and egress for the purpose
of exploring for, drilling for, producing and marketing oil, gas and other minerals.
Grantor reserves from this conveyance a perpetual underground utility easement for
any underground utilities located on or under the Property, to retain all rights of
access and use for the purposes of laying out, opening, constructing, operating,
maintaining and reconstructing underground water and stormwater utility
infrastructure, together with necessary incidentals and appurtenances thereto, in,
along, upon and across Property.
Exceptions to Conveyance:
None
Representations and Warranties of Grantee:
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.
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,
Deed Without Warranty Page 2 of 4
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.
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 FROM CONVEYANCE AND EXCEPTIONS TO
CONVEYANCE, 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 SUCCESSORS AND
ASSIGNS FOREVER, WITHOUT WARRANTY, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE. 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 3 of 4
EXECUTED THIS
GRANTOR:
CITY OF LUBBOCK
�'j
DANIEL M. POPPE, MAYOR
APPROVED AS TO CONTENT:
DAY OF (l'� , 2019.
Mark arwo , Assista t City Manager
APPROVED AS TO
City Attorney
STATE OF TEXAS
COUNTY OF LUBBOCK §
GRANTEE:
ENGINEERING INNOVATIONS
DEVELOPMF,NTS, LLC
CHARD DOGGETT
This instrument was acknowledged before me on this2 1 day of VS�
2019 by Daniel M. Pope, Mayor of the City of Lubbock.
tt /� OIL -
Notary Public, State of Texas
aABB"e
* Notary pub!, My commission expires: 7j0.UO2i7i
Notary IDS;
M
Y Commission AFr,Y B. DYE
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1D# 13177183-0
My CoTm"I ,Ssion Expires 1120 2022
Deed Without Warranty Page 4 of 4
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As required by Chapter 2051, Geospabal Data Products of the Government Code, this product is for informational purposes city of
and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an ,� Lubb O ck
on -the -ground survey and represents only the approximate relative location of property boundaries.
TEXAS
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion County Clerk
Lubbock Coun,y TEX4s
09/05/2019 01:67 PM
FEE: $42.00
2019034794