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Home My WebLink AboutResolution - 2025-R0274 - Real Prop. Sales K, Deed 18904, M&M Homes, Lots 18/19, Blk 1, Park View Add. - 06/24/2025Resolution No. 2025-R0274 Item No. 6.8 June 24, 2025 RESOLUTION BE IT RESOLVED BY THL CITY COUNCTL OT' THE CTTY 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 Real Property Sales Contract and Deed for the sale of real property located within Lots 18 and 19, Block 1 Park View Addition to the City of Lubbock, Lubbock County, by and between the City of Lubbock and M&M Homes, Inc., of Lubbock, Texas, and 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. Passed by the City Council on 1June 24, 2025 �� W. MCBRAYER, M�LYOR ATTI:S1': Courtney Paz, City Secrctary APPROVED AS 1'O CONTLN"I': _, --� - - � - --- - ---- - - - �rik Rejino, Assistant City Manager APPROVED AS "TO FORM: , � elli Leisure, Senior Assistant City Attorney RES.Contract- Real F.state Sales Contract and Deed M&M I Iomes 0530.25 Resolution No. 2025-R0274 CONTRACT NO. 18904 City f Lubbock Contract for Sale of City Property This Contract is entered into as of the 24th day of June , 2025 ("Effective Date") by and between, M& M Homes, Inc. (the "Buyer"), and the City of Lubbock (the "Seller"). WHEREAS, Seller owns that certain tract of land located in Lubbock County, Texas, being described on Attachment "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 "Properly") to Buyer. ARTICLE I SALE AND PURCHASE Section 1.1. Sale and Purchase. Subject to the terms and conditions of this Contract, Seller shall sell and Buyer shall purchase and pay for, on June 10, 2025, or at such time thereafter as the Seller may direct (the "Closing Date"), without warranty, either expressed or implied, the Property. ARTICLE II PURCHASE PRICE Section 2.1. Purchase Price. The Purchase Price (herein so called) to be paid by Buyer to Seller for the Property shall be $ 5,000.00 Section 2.2. Earnest Money. Buyer shall deposit ten percent (10%) of the Purchase Price on May 28, 2025 as Earnest Money (herein so called), in cash or cashier's check, with Bid Submittal to the: Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock - 13 14 Avenue K, 9th Floor, Lubbock, Texas79401 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 form 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 2.3. Pavment of Purchase Price. The Purchase Price shall be payable to Seller, in cash or other immediately available funds, at the Closing Date. ARTICLE III 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 conceming 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 WIT�IOUT 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/shelit 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 wananty 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 Warrantv, Expressed or Implied. THE DEED WITHOUT WARRANY OF THE PROPERTY DESCRIBED ON 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 helshe/it is receiving pursuant to this Contract. ARTICLE IV REPRESENTATIONS, WARRANTIES AND COVENANTS OF BUYER Section 4.1. Representations, Warranties and Covenants of Buver. 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 have 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 Bevond Closing. The representations, warranties and covenants of Buyer contained in this Contract, as set forth in this Article IV shall survive the Closing. ARTICLE V INDEMNITY AND RELEASE Section 5.1. Indemnitv. 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 T�iE 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 Bevond Closin�. The indemnity provisions contained in this Contract, as set forth in this Article V, shall survive the Closing. ARTICLE VI 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 VII CLOSING Section 7.1. Place of ClosinQ. The Closing (herein so called) shall take place on the Closing Date in the offices of the City of Lubbock, Office of the Purchasing and Contract Management, 1314 Avenue K, 9th Floor, Lubbock, Texas. Section 7.2. Closin�. (a) Items to be Delivered at Closing - Seller. At Closing, Seller shall deliver to Buyer, at its sole cost and expense, the following item: (i) A Deed Without Warranty, in the form attached hereto as Exhibit "B", 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 "B", duly executed by Buyer and acknowledged; (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 the following items: (a) 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 VIII 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 ob(igation on Seller's part required herein within the time limits and in the manner required by this Contract. (b) Buver'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 fve (5) calendar days after written notice delivered to Seller, receive the Earnest Money as liquidated damages. Section 8.2 Buver's Default; Seller's Remedies. (a) Buyer's Defaults. Buyer is in default under this Contract if Buyer fails to: (i) 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 IX NOTICE Section 9.1. 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. Section 9.2. Seller's Address. The Seller's address and numbers for the purpose of notice are: SELLER: CITY OF LUBBOCK Ken Jernberg Right of Way Agent P. O. Box 2000 Lubbock, Texas 79457 (806) 775-3368 Section 9.3. Buver's Address. The Buyer's address and numbers for the purpose of notice are: BUYER: Name: M& M Homes, Inc. Address: 5402 CR 1490 Lubbock, Texas 79404 Telephone Number: 806-781-4690 Section 10.10 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. WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LU BOC BUYER �_ BY: Mark McBrayer, Mayor T�L Authorized Representative TTEST: rtney Paz, City Secretary � APPRQ'VED AS TO �r �� 72j �,ef1,��7ja .�7)v Print Name s �i� �. C /� / `-f `� (� Address � �g�Sa��7,� �9 `�v� � City, State, Zip Code of Public Works AP ROVED AS TO FORM F � lli Leisure, Senior Assistant City Attorney ARTICLE X MISCELLANEOUS Section 10.1. Entire A�reement. This Contract, including all exhibits and parts hereof, including the Invitation to Bid, Bid Form and Instructions to Bidders relating to Invitation to Bid Number 25-18622-MA hereto (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 10.2. 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 10.3. Construction and Venue. THIS CONTRACT AND THE TRANSACTIONS CONTEMPLATED HEREIN SHALL BE GOVERNED BY AND CONSTRUED IN ACCOR�ANCE 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 10.4. Severabilitv. 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 10.5. Successors and Assi�. This Contract binds and inures to the benefit of the Seller and Buyer, and to Seller's, and to the extent permitted, Buyer's, respective successors, legal representatives, heirs, devisees and assigns. Section 10.6. Risk of Loss. If any part of the Property is materially damaged or destroyed by fire or other casualty loss, Buyer may either (i) terminate 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 10.7. Attorne, '„y s Fees. lf 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 10.8. Captions. 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 10.9. 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. 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 usel'ulness 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 S.O23 OF THE TEXAS PROPERTY CODE (AND ALL AMENDMENTS AND SUCCESSORS THERETO� ARE EXPRESSLY EXCLUDED. EXECUTED THIS 24th DAY OF Tune , 2025. GRANTOR: ITY F LUBBOCK MARK MCB YER, MAYO � TEST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: Kelli eisure, Senior Assistant City Attorney ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF LUBBOCK GRANTEE: MeA!'p.t�r This instrument was acknowledged before me on this � day of ,�lin� , 20� by Mark F�4a�a} Mayor of the City of Lubbock. ,,,,,,,,, �,�,,,,,,, ,, -, : '''P�Y F'�� C"'�� , � , , : �O��Y p�6�� O2 � � •. ��' ,�,9�OF �g� . ;'�ry� � � � •�.. ..• '1 . . ''��9.��'� - ExP• �1�.•`. ''�„i�un��"� . � Nota ublic, State of Texas My commission expires: ��7 �oo � oX= N�� I • � ��N I � � � �Z � I °��' � o � � ��z �rj p I C v�— � �1 O � r�o I o�z v= Z I c°',, � cn �ov � =�cDn I m i � I -�''i � o = I D o� om� � I I °D z� � z Z �D � � � O I __ I � -------- --------- I I I I I I � I I � I � � � I � � I I �� I I 10�` � � I � oN I �� ,�� I iy�gRl�� O��,I�,i I I �d�.�� I� ��,Va � � v,�'°� � � I � , d �Z� � i � ' �� Z �L i I I � � � ��c�`• ,.�-rr � � i � � �--------�� ,� O � I ,ai4°'' � °r� ` \ � I P'�'°�;o.p�' s, 0 i '�M r � � � I N �o i � / °' � i o (,� - � ��%' m� O �� ~ � O� v $ �� <� o � � — � SO l°49� 11 o ,, � w � a � 120.00� L ot 20, B/ock / PARK I//EW ADD/T/O/V Pfol Rearofed yo% 2/O, fj�. /45 A vENVE 40�fYJBLACR/QYT-Q�-W,QY Dec6'cnJedByfYm Yd 2/O, Py. /45 \ _ � I I I � I I � � � � � �c� m�� m� �� o �� n �ti '-�� r �� o ��-� H �� o � m� a�� D�� a� n �,� A� �� ti s � � � 'c" m x � Q � D METES AND BOUNDS DESCRIPTION of a 0.1605 acre portion of Lots 18 and 19, Block 1, Park View Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat andlor dedication deed thereof recorded in Volume 210, Page 45 of the Deed Records of Lubbock County, Texas, being further described as follows: BEGINNING at a 112" iron rod with cap marked "HRA" set in the South line of a 15.5 foot public alley dedicated by plat recorded in Volume 210, Page 45 of the Deed Records of Lubbock County, Texas, for the Northwest corner of Lot 20, Block 1, of said Park View Addition and the original Northeast corner of said Lot 19, Block 1, Park View Addition, same being the Northeast corner ofthis tract, which bears N. 88°10'49" W. a distance of 189.50 feet and S. O1°49'11" W. a distance of 175.50 feet from a 1-114" iron pipe found at the original Northeast plat corner of said Park View Addition; THENCE S. 01 °49' 1 l" W., along the Western boundary of said Lot 20 and the Eastern boundary of said 19, a distance of 120.00 feet to a 112" iron rod with cap marked "HRA" set in the North right-of-way line of 3rd Place dedicated by plat recorded in Volume 210, Page 45 of the Deed Records of Lubbock County, Texas, for the Southwest corner of said Lot 20 and the Southeast corner of said Lot 19, same being the Southeast corner of this tract; THENCE N. 88" 10'49" W., along said North right-of-way line and the Southem boundary of said Block 1, a distance of 21.16 feet to a 112" iron rod with cap marked "HRA" set in the East right-of-way line of Interstate Highway (IH) 27, as monumented on the ground, for the Southwest corner of this tract, from whence IH-27 right-of-way monument No. 88 (Type II monument, missing bronze disc) found bears S. 29°55' I S" E. a distance of 387.63 feet; THENCE N. 29°55' l5" W., along said East right-of-way line, a distance of 141.10 feet to a 112" iron rod with cap marked "HRA" set in said South alley line and the Northern boundary of said Block 1, for the Northwest corner of this tract, from whence IH-27 right-of-way monument No. 85 (Type II monument, missing bronze disc) found bears N. 29°55' 15" W. a distance of 13338 feet; THENCE S. 88� 10'49" E., along said South alley line and the Northern boundary of said Block 1, a distance of 9539 feet to the Point of Beginning. Contains: 6,993 square feet. Bearings are relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, 2011 (epoch 2010.0). Distances are Surface, U.S. Survey Feet. I, Cyril H. Turner, Texas Registered Professional Land Surveyor No. 6460, do hereby certify that this survey was made on the ground. A determination as to whether this property lies within a special flood hazard area was not made for this survey. May 28, 2024 � OF� ........ �� ,`Q:; •� � s r e,� � : . F, F �: 2- � o : J� ......................... Cyril H. Turner CYRIL HOWARD TURNER ........................... Registered Professional Land Surveyor � �,po �so � � � No. 6460 State of Texas �9 •. FEss�° �O emaiL• cturner@hugoreed.com �� SUR�� Exhibit "B" 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: M&M Homes, Inc. Grantee's Mailing Address: 5402 CR 1440 Lubbock, TX 79407 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration. Property (including any improvements): METES AND BOiJNDS DESCRIPTION of a 0.1605 acre portion of Lots 18 and 19, Block 1, Park View Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 210, Page 45 of the Deed Records of Lubbock County, Texas. 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 "A" 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