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HomeMy WebLinkAboutResolution - 2019-R0251 - Deed Without Warranty - Dennis Dillon - 07/23/2019 Resolution No. 2019-R025 1 Item No. 6.13 July 23, 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 Deed Without Warranty for the sale of real property located in Lot 14, Block 20, Country Club Addition, Lubbock County, Texas, by and between the City of Lubbock and Dennis Dillon, of Lubbock, Texas, 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 July 23, 2019 DANIEL M. POPE, MAYOR ATTEST: i Rebe ca Garza, City Secre ry -) APPROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: 4Ryoo4, ssListant City Attorney RES.Deed Without Warranty to Dennis Dillon 7.3.19 C t�-)o�Lub e- (ZOO 2019029449 5 PGS DEED Resolution�No. 201✓9-RRO251 mill K' %W 01.1d) I`i�s'W fir'101111111 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: July233 ,2019 Grantor: City of Lubbock,Texas Grantor's Mailing Address: P.O. Box 2000 Lubbock, Lubbock County,Texas 79457 Grantee: Dennis Dillon Grantee's Mailing Address: P.O. Box 1917 Lubbock, Lubbock County, Texas 79408 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration. Property (including any improvements): That certain real property described as the Northwest 40-foot by 30-foot portion of lot Fourteen (14), Block Twenty (20), Country Club Addition, an addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat, and/or Dedication Deed thereof, recorded in Volume 512, Page 249, Deed Records of Lubbock County, Texas (the"Property"). Reservations From Conveyance: None Exceptions to Conveyance: None Deed Without Warranty Page 1 of 4 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 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 Deed Without Warranty Page 2 of 4 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. EXECUTED THIS ;,-d DAY OF July , 2019. GRANTOR: GRANTEE: CITY OF LUBBOCK DANIEL M. POPE, MAYOR DENNIS bILLON ATTEST: .P Lt&Z=4 - Retie ca Garza, City Secrett—) APPROVED AS TO CONTENT: Michael Keenum, P.E., Division Director of Engineering/City Engineer Deed Without Warranty Page 3 of 4 APPROVED AS TO FORM: Ryan v e, ffssis4rant City Attorney STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on thisday of Q , 2019 by Daniel M. Pope, Mayor of the City of Lubbock. �,pav nay c JENNIFER SOWDER CLEMENTS ' Notary Public,StateotTexas ti Not Public, State ofTWafidk Notary 10412497068.3 My mmission expires: My Commission Expires 06.28-2020 Deed Without Warranty Page 4 of 4 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 5r- I ,Q i Kelly Pinion County Clerk Lubbock Coun�y, TEXAS 07/31/2019 03:46 PM FEE: 838.00 2019029449