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HomeMy WebLinkAboutResolution - 2001-R0302 - Contract For Sale - Hope Deliverance Temple Church - 08/30/2001Resolution No. 2001-RO302 August 30, 2001 Item No. 31 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 Contract for Sale, by and between the City of Lubbock and Hope Deliverance Temple Church, attached herewith, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 30th day of August , 2001. YOR ATTEST: Dz' I �C� Re ecca Garza, City Secretary ZS APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FO . Richard K. Casner Natural Resources Attorney gs:/ccdocs/HopeDeliveranceTempleChurch. res August 13, 2001 ITB #[Number], [Title] Resolution N0. 2001—RO302 CONTRACT FOR SALE THIS CONTRACT, effective as of August 30, 2001 (the "Effective Date"), is made by and between the undersigned bidder (the "Buyer"), and the City of Lubbock, a Texas Home Rule Municipal Corporation (the "Seller"). WITNESSETH: WHEREAS, Seller owns that certain tract of land located in Lubbock County, Texas, being described on Exhibit "A" attached hereto (the "Land"); and WHEREAS, Seller desires to quitclaim the Land, the rights appurtenant to the Land, and the fixtures affixed to the Land (collectively, the "Property") to Buyer. ARTICLE I SALE AND PURCHASE Section 1.1. Subject to the terms and conditions of this Contract, Seller shall quitclaim and Buyer shall purchase and pay for, on August 30, 2001, 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 $1,000.00. 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 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, c:\mydocuments\bidforms\OOAuctionRE.doc ITB #[Number], [Title] 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 QUITCLAIM 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. Buyer has satisfied hisself/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 IV 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 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 Beyond 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. 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 c:lmydocumentslbidforms100AuctionRE.doc 2 ITB #[Number], [Title] 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, OF ANY KIND, TYPE OR DEGREE, 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 V, shall survive the Closing. ARTICLE VI EARNEST MONEY Section 6.1 Earnest Money. Buyer shall deposit ten percent (10%) of the Purchase Price, as Earnest Money (herein so called), in cash or cashier's check, with Victor Kilman, P. O. Box 2000, Lubbock, Texas 79457, (806) 775-2165, 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 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 11.01, below. ARTICLE VII CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE Section 7.1. 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 8.1. Place of Closing. The Closing (herein so called) shall take place on the Closing Date in the offices of the City of Lubbock, Office of the Right -of -Way Agent, Ed Bucy, 1625 13th Street, Lubbock, Texas. c:\mydocuments\bidforms\0OAuctionRE.doc ITB #[Number], [Title] Section 8.2. 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: (i) A Quitclaim Deed, 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 Quitclaim Deed by Seller. (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, less the ten percent (10%) earnest money; (ii) A Quitclaim Deed, 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 8.3. Responsibilities of Buyer. Notwithstanding anything to the contrary herein, this Section 8.3 shall survive the Closing. Buyer shall be solely responsible for the following items: (a) All ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur and all previous years, if any, shall be the sole responsibility of Buyer and Buyer shall promptly pay such ad valorem taxes when due or when same become due and owing, as applicable. ARTICLE IX DEFAULTS AND REMEDIES Section 9.1. 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 9.2 Buyer'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. c:lmydocuments\bidforms\OOAuctionRE.doc 4 ITB #[Number], [Title] ARTICLE X NOTICE Section 10.01. 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. are: Section 10.02. Seller's Address. The Seller's address and numbers for the purpose of notice are: SELLER: CITY OF LUBBOCK Ed Bucy Right -of -Way Agent P. O. Box 2000 Lubbock, Texas 79457 (806) 767-2165 Section 10.03. Buyer's Address. The Buyer's address and numbers for the purpose of notice BUYER: Hope Deliverance Temple Church 2812 E. 4th Street Lubbock,Texas 79403 (806) 747-6128 (Telephone Number) ARTICLE XI MISCELLANEOUS Section 11.01. Entire Agreement. This Contract, including all exhibits and parts hereof (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 11.02. 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 11.03. 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. c:\mydocuments\bidforms\OOAuctionRE.doc 5 ITB #[Number], [Title] Section 11.04. 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 11.05. Successors and Assigns. This Contract binds and inures to the benefit of the Seller and Buyer, and to Seller's, and to the extent permitted, Buyer's, respective successors, legal representatives, heirs, devisees and assigns. Section 11.06. Risk of Loss. If any part of the Property is materially damaged or destroyed by fire or other casualty loss, Buyer may either (i) 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 11.07. 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 11.08. 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 11.09. 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. EXECUTED this 30th day of August 2001. BUYER: 4(51OF BBOCK WINDYN, MAYOR ATTEST: TITLE: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Age APPROVED AsM: i/.-,,/ y Richard K. Casner, Natural Resources Attorney c:\mydocuments\bidforms\OoAuctionRE.doc Plat of Perimeter Survey of a 0.9+5 acre tract of land out of SE✓MIN- 4, PJXK 0, AND THF. -PPLI i SUED., LUESOCK CO., TEx4S Resolution N0. 2001-R 0302 Zo THENCE F y j3IdOT i for a 0.945 ,!zre, trc.ct of land out of Secticn 4, Mock 0, Lubbock Co=ty, Texas, being out cf Lots 10 & 11, 13ro1- r S'iodivisicn, Lubbock Cou:.ty, Texas, and bei^g 01:It of the tract of land described in vol. 1098, age 263, deed records of Lu.�bock County, Texas:- said 0.945 acre tract described by metes a^ -d Noun,;s as follot•,: LoT Io 13M Nn.TG at a 1/2" iron rod found in the South Rie-t-of-Tray Line of 4th Street on the North Line of said lot 10 for the I�Tortheast corner cf this '� IRQ� PPEI survey, from whence the Northeast corner of said Lot 10 bears East 50 cox. L�oT S feet; } THENCE West along the South Right-of-u'ay Line of 4th Street on the North "'Line iron rod set at of said Lot 10 a distance of 19.07 feet to a 3/8" _ I the beginning of a curve for a corner of this survey; THENCE in a Southwesterly direction along the South Right -of -Why Line of 4th St. around a curve to the left having a radius of 240 feet, a delta angle of 45000' and a chord distance of 193.69 feet to a 3/9" iron rod set for a corner of this survey;: Irr, THENCE S450OOIVI along the South Right -of -Way Line of 4th St. a dist-WIce of _ 115,69 feet to a 3/9" iron rod set in the gest Line of said Lot 11 for the Northwest cormr of this survey; i TMTCE S 001311011VI along the West Line of said Lot 11 a distance of 47.39 I feet to a 3/9" iron rod set in t _s North Line of a 15 foot alley for the Southoe st corner of this survey, from whence the South,.,est corner of sai-d eet; Lot 11 bears S 0013110"? 7.5 feet-;- THE?iCE S99052e5 " r 0 E along the North Line f o_ said alley, 7.5 feet North of i and parallel to the South lire of said Lots 10 & 11, a distance of 270 I feet to a 3/9" iron rod set for the Scutheast corner of this survey-, from _ u -pence the Southeast corner of said lot 10 bears 599052 �50''E 50 feet and S 0013x10" W 7.5 feet;• I I THE'&CE N 0013'10"E. 50 feet Vest of and parallel 'Co the Bast Lire of said Lot 10, a distance of 2OG.C6 feet tO t�:e place of be.;=nr�-^r, ? Robert T. Gay, P.egistere rrofessicnnl Land Surve;-cr, do here -y certify that this Plat and descrirtior. \aerP, prepared from an actual s-.zrvey of *he pror}erty and that this Plat represents the Survey as made oz the ground by me . Robert '". Gay Registere;: Professional Lard S•arvf or FESh. 14, 2001 Resolution N0. 2001—RO302 w August 30, 2001 Item No. 31 QUITCLAIM DEED STATE OF TEXAS COUNTY OF LUBBOCK § The City of Lubbock, a Texas Home Rule Municipal Corporation (the "Transferor"), for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is herein acknowledged, has. QUITCLAIMED, and by this instrument does QUITCLAIM to Hope Deliverance Temple Church ("Transferee"), all of its right, title, and interest in and to that certain real estate (the "Property"), lying and being situated in Lubbock County, Texas, being described on Exhibit "A" attached hereto. Transferee has made an independent inspection and evaluation of the Property and the title to same and acknowledges that Transferor 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, TRANSFEROR 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. Transferee further acknowledges that 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. Transferor makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Transferee, if any, whether furnished by Transferor or any other third party. Transferor, its officers, employees, elected officials and agents assume no liability for the accuracy, completeness or usefulness of the material furnished by the Transferor, or any of its officers, employees, elected officials and/or agents, if any, and/or any other third party. Reliance on any material so furnished c:\mydocuments\bidforms\OOAuctionRE.doc 1 shall not give rise to any cause, claim or action against Transferor, its officers, employees, elected officials and/or agents, and any such reliance shall be at Transferee's sole risk. THE QUITCLAIM OF THE PROPERTY IS ON A "WHERE IS", "AS IS" AND "WITH ALL FAULTS" BASIS, AND IS WITHOUT REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESSED, STATUTORY OR IMPLIED, INCLUDING, 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. TO HAVE AND TO HOLD all of the right, title and interest in and to these premises, together with all and singular the rights, privileges, and appurtenances to the premises in any manner belonging to the Transferee, his/her/its heirs and assigns forever, so that neither the Transferor, nor any of the Transferor's legal representatives, nor any persons claiming under the Transferor shall any time in the future have, -claim, or demand any right or title to the property described above. Executed this 30th day of August , 2001. COCK WINDY SITTOV,YOR ATTEST: Re ecca Garza, City Secretary APPROVED AS /TO CONTENT: Ed Bucy, Right -of -Way A t c:lmydocumentslbidforms100AuctionRE.doc 2 ITB #[Number], [Title] APPR VEDA O FORM: Richard K. Casner, Natural Resources Attorney TRANSFEREE: Hope Deliverance Temple Church Pastor STATE OF TEXAS § COUNTY OF LUBBOCK § S•Rj I This instrument was acknowledged before me on 4A00 by WINDY SITTON, Mayor of the City of Lubbock, Lubbock County, Texas. E01 SYLVIA H. REYESNokq Pubic, Stale of Tio' -.4 -inM Commres STATE OF TEXAS § COUNTY OF LUBBOCK § ye in A, NotaryfPublic in and fort State of Texas My Commission Expires: 0 T -23-02 This instrument was acknowledged before me on e'601 by Charles Tanner, Pastor, on behalf of Hope Deliverance Temple Church. DAVM M. BOOHER it -loam RKC:cp L:1CityattlRichardlAuctionRE.doc August 2, 2001 Notary Public in and for the State of Texas My Commission Expires: /wZ 714-. x®47z' c:lmydocumentslbidforms100AuctionRE.doc 10 . LoT 10 'q; iRori P�PEI coo . Leo 5 I Plat of Perimeter Survey of a 0.945 acre tract of land out of SMTION 4, PIXIC 0, AND THE I?FO1,171 SMM. , LUEBOCK CO., TEMS Resolution No. 2001-RO302 t� Za F " D ITIOTES for a 0.945 acre tract of land out of Secticn 4, Flock 0, Lubbock County, Texas, being out, cf Ir}ts 10 & 11, *.'3roz•+n Siiodivision, Lubbock County, Tex_^s, and being oat of the tract of land described in vol. 1099, page 263, deed records of Ldlbock County, Tex -as:- said 0.94 5 acre tract described by metes anal houncs as follo—s: BEGIiTNMG at a 1/2" iron and found in the South Rigti.t-of-Stay Line of 4th Street on the North Line of said Lot 10 for the Northeast corner of this survey, from offence the Northeast corner of said Lot 10 bears Ihst 50 feet; TFLNCE Vest along the South Right-of-L•.'ay Line of 4th Street on the North Line of said Lot 10 a distance of 19.07 feet to a 3/9" iron rod set at the beginning of a curve for a corner off this survey; THMICE in a Southwesterly direction along the South Right -of -Why Line of 4th St. around a curve to the left having a radius of 2410 feet, a delta angle of 45000' and a chord distance of 193.59 feet to a 3/91' iron rod set for a corner of this survey;: CS TH&NCE S45000'N along the South Right -of -Way Line of 4t St. a distance of 115,69 feet to a 3/9" iron rod set in the West Line of said lot 11 for the Northwest corner of this sarvey, ThMMP S 0013+10"VI along the '`lest Line of said Lot 11 a distance of 47.39 feet to a 3/S" iron rod set in the North Line of a 15 foot alley for the Soutihoest corner of this survey, from whence the Southwest corner of said Lot 11 bears S 001311'"IV 7.5 feet-;- THENCE eet;THENCE S99052'50"E along the North Li.^_e of said alley, 7.5 feet NTorth of and parallel to the South line of said Lots 10 & 11, a distance of 270 feet to a 3/9" iron rod set for the Southeast corner of this survey, fro u whence the Southeast corner of said lot 10 bears S990521501'E 50 feet and S 0013'10"W 7.5 feet;• THENCE i 001311011E, 50 feet Vest of and parallel to the East Lire o' said Lot 10, a distance of 200.06 feet to th:e place of beg-rninF. I, Robert T. Gay, Reg -stere;: Professic-:3i Land Surveyor, do heresy certify that this plat a~.d descript:Or, Deere Prepared from actual s*,.rvey of the pro -pert and ,,''.at this plat represents the survey as made, on. the ground by me . f� Rober,- T. Gay Registera�' Profess iorial Laid Surveyor Fdl. '14, 2001