The URL can be used to link to this page

Home My WebLink AboutResolution - 2001-R0303 - Contract For Sale - George H. Mcmahan - 08/30/2001Resolution No. 2001-RO303 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 George H. McMahan, 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 ATTEST: Q " �_ -- Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way AgAt APPROVED AS TO FORM: t Richard K. Casner Natural Resources Attorney gs: /ccdocs/GeorgeH. McMahan. res August 13, 2001 day of August , 2001. ITB #[Number], [Title] Resolution No. 2001—RO303 August 30, 2001 CONTRACT FOR SALE Item No. 31 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 $30,000.00. 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\OOAuctionRE.doc 3 No Text 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:lmydocumentslbidforms100AuctionRE.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 Sellers 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: George H. McMahan 7209-76 th Street Lubbock,Texas 79424 (806) 794-0624 (Telephone Number) (806) 794-2768 (Telephone Facsimile 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 BUYER: BY: TITLE: day of August , 2001. ATTEST: CR I�S� r= Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS T2�M: Richard K. Casner, Natural Resources Attorney c:lmydocumentslbidforms100AuctionRE.doc 6 Q i z C O z O z W J Ld U CL CD z Y Q F- W LLL - Q x ui 0 z Q LJ fr U LTJ CL Ld Ld w .D C N co M 0 0 N d z z o mq e 0:5 " N a m q e o o ] Ko O a 7 go' m b e w Howe a�ox ob �m °� n o o FCOQEo O. C y b9.6 q po° { 0 Fa a � �A0 �0 tip .ad° ao i�z f o h o ° a o e 60 � 0 `�.�.. �d� a v m 9e H CQep m y �b al d b C, 09 O y N o . o •A •� °D o o � cti� �o �Mx a« xy .. « o o ° C4 p o v W u oa Lo CQ d a I AVIIIGGV GOOIA3/NNIM 66107 z 0 mo O 00 J 3 W z z HInOG-H18ON NO/1/OOb' OOOM3/NNM. ,16107 —cssr �I tge I I I I 1 I I I I I I I I I I I I I I �I >f l I 0 F- a a _z w o 0 N3 ZZ 2 =Nw-�� WOW WCQ • • o z Z No. 2001-RO303 Resolution No. 2001-RO303 ° 82nd STREET PROJECT REMAINDER AFTER TAKING PARCELS No. N - 16 LUBBOCK COUNTY, TEXAS TA THAT PORTION OF LOT 97 WINNIEWOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, being the remainder after the proposed right-of-way for 82nd Street taking, being further described by metes and bounds as follows: BEGINNING at a 1/2" iron rod with cap set in the proposed North right-of-way line of 82nd 20 ALLEY Street, which bears North 35.73 (erA'.Ar� KL' . 6860 PG. iaa) feet from the the original N89°57 E 150.00 Southeast corner of said Lot 97, Winniewood Addition; 00 N THENCE S. 89°59'06" W., along said proposed right-of-way line, a distance of 150.00 feet to a 1/2" Z iron rod with cap set in the West LOT 97 line of Lot 97, Winniewood WINNIEWOOD ADDITION a Addition; I- 1- CO Q THENCE North, along the West line o� p Q of said Lot 97, a distance of WEA N N O� 113.18 feet to a 1/2" iron pipe z J found in the South line of a 20 X W foot alley at the Northwest o z z Z corner of said Lot 97; THENCE N. 89°57' E., along said ° S89 59,Oev150.00. alley line, a distance of 150.00 . v • o feet to a 1/2" iron rod with cap ACIrG.• p�.. n��PE found at the Northeast corner of Lot said 97; A . 0 WS FOOT" THENCE South, along the East line of said Lot 97, a distance of • •> THIS PONT BEARS NORTH 35.73' FROM THE p to ORIGINAL SOUTtfAST COFjNER DF LOT �7, 113.27 feet to the Point of .0 Q WNNIEWOM, DITIOWD. CROWS FOOT Beginning. EXISr. R- -W WFLAr KL. 6m fL. /P9) — — — EDMo -A:9m i,T-- — — — — — Contains : 16,983.9 square feet in % (STRIP PAVEO) Q n NOTES : SCALE : I" = 40' BEARINGS RELATIVE TO RECORDED FINAL PLAT OF WINNIEWOOD ADDITION. • - 1/2'� IRON ROD WITH CAP SET o - 1/2 IRON ROD WITH CAP FOUND o - 1/2" IRON PIPE FOUND I, Daniel E. Martinez, Registered Professional Land Surveyor, do hereby F"#-JC30 FEEEO certify that this plat is true and correct as surveyed on the ground. 1 AND ASSOCIATES, INC. May 15, 1998LAND SURVEYORS CML ENGINEERS Of j f 1210 AVENUE O LUBBOCK. TEXAS 79401 �'JONE 808 763-5842 FAX `•(808) 763-3891 ,si Job981317 * o Drawnn By By : RLG RLG Daniel E. Martinez Registered Professional Land Surveyor A N W L E. ARAR7 ?N —EZ Date : May 11, 1998 No. 4515 State of Texas o X515 n,. Sheet e y`Qx�4 .. Revised Revised By : 34 of 48 Resoluti n No. 2001-RO303 82nd STREET PROJECT REMAINDER AFTER TAKING PARCELS No. N - 10 LUBBOCK COUNTY, TEXAS THAT OF A 0.513 ACRE PORTION OTRACCT IN SECTION 5, BLOCK E LUBBOCK COUNTY, TEXAS, being the remainder after the proposed right-of-way for 82nd Street taking, being further described by metes and bounds as follows: BEGINNING at a 1/2" rod with cap set in the proposed North right-of-way line of 82nd Street, which bears S. 89°57' W. 1659.82 ZFO-TALLEY feet and North 79.65 feet from (ev(xar wc. eea R:. (au the Southeast corner of the N89057'E 150.00' Southwest Quarter of Section 5, Block E, Lubbock County, Texas; OR THENCE S. 89°59'06' W., along said proposed right-of-way line, a distance of 150.00 feet to a Q 1/2" iron rod with cap set in o TRACT A - 7 - A the West line of a 0.513 acre ko o 0.513 ACRE TRACT tract; 0 F :2): p 0 THENCE North, along the West JQ� u0 � line of said 0.513 acre tract, a distance of 112.77 feet to a 3/8" iron rod found in the South line 3 z ° of a 20 foot alley at the z Northwest corner of said 0.513 acre tract; Sa j THENCE N. 89°57' E., along said N p, OL , it �•u alley line, a distance of 150.00 � 7n� feet to a 1/2" iron rod with cap R-0-W _ /- 4 '-;_:�_ found at the Northeast corner of said 0.513 acre tract; -`---�-----------EJaST: a G-O LRE�rE• - - �f. ' THIS Parr BEARS ses�7'w 1659.67 AIu NORTH 79.65 FROM TIE SOUTtEAST COR. THENCE South, alongthe East OF THE SW/4 OF CTION 5,13L E— E)Zr. R-D-W (BrR.AT Wt. Baa X.. �2r1. line of said 0.513 acre tract a. distance of 112.87 feet to the ... " — _ — — Point of Beginning. ----------------------- EDC£ OF ASPHALT - —82nd--- -STREET - Contains 16,923.0 square feet (STRP PAVED) NOTES SCALE : 1° = 40' BEARINGS RELATIVE TO RECORDED FINAL PLAT OF WINNIEWOOD ADDITION. b • - 1/2 IRON ROD WITH CAP SET o - 1/2° IRON ROD WITH CAP FOUND o - 3/8" IRON ROD FOUND I, Daniel E. Martinez, Registered Professional Land Surveyor, do hereby H"G certify that this plat is true and correct as surveyed on the ground. MV ANO ASSOCIATES. INC. May 15, 1998 IE OLUEiE10CK TEXAS 79401 PA!VEVOFiB Cm- Eww' E0 Of T 06763-5642 AX= 806 763-3891 ob No.: 981317 Drawn By : RLG Daniel E. MartinezANIEI E. MARTINEZ Date : May 11, 1998 Registered Professional Land Surveyor 4515 No. 4515 State of Texas 9 WooQ- y Sheet I3 12- �� Z r P n sua�F Revised : 20 )f 48 Resolution No. 2001-RO303 EXHIBIT "A" Lot 13, Fry Addition, to the City of Lubbock, Lubbock County, Texas as shown on the map, plat, and/or dedication deed thereof recorded in Volume 1671 Page 44, Deed Records, Lubbock County, Texas. Lot 14, Fry Addition, to the City of Lubbock, Lubbock County, Texas as shown on the map, plat, and/or dedication deed thereof recorded in Volume 1671 Page 44, Deed Records, Lubbock County, Texas. QUITCLAIM DEED STATE OF TEXAS COUNTY OF LUBBOCK § Resolution No. 2001—R 0303 The City of Lubbock, a Texas Home Rule Municipal Corporation (the "Transferor"), for and in consideration of the sum of TEN AND NO/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 George H McMahan ("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. OF LI,�BBOCK WINDY4_� N, MR ATTEST: a. LA A Re ecca Garza, City Secretary APPROVED AS� TOCONTENT: CCONTENT: �� " Ed Bucy, Right -of -Way Agent c:\mydocuments\bidforms\OOAuctionRE.doc 2 APPROVED z:i_ ze� /- Richard K. Casner, Natural Resources Attorney TRANSFEREE: b,, -- STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me ont , by WINDY SITTON, Mayor of the City of Lubbock, Lubbock County, Texas. SYLVIA H. REYES �— Notary Public, State of Texas Notary PuOlic in and for the St4te of Texas my Commission Expires .�, •�'' 04-23-02 My Commission Expires: STATE OF TEXAS COUNTY OF LUBBOCK by This instrument was acknowledged before me on e AA -,® A4 DAVM M. w0HER ,raypAkawau. wommmmeon 12.1ti�i0Q RKC:cp L:\Cityatt\Richard\AuctionRE.doc August 2, 2001 c:\mydocuments\bidforms\OOAuctionRE.doc Notary Publ'c in and for the State of Texas My Commission Expires 3 3 1,2 le; -2,04 2- 4solution No. 2001-RO303 o e c�W o 0 N w W Rz x V s --' rn i6 m w w coo 0 d zoxo „c m $O m wx cr Q z ��w o �w �p� � b; 3is.m 0w o I U OE"OOOHx-m 0 A, v "i.q �yW ° N oo W q d q Z E- Z. OU EijU °o °ern o w d ^7 CVApoo " o O O O c..nct d O q 1< •,�q op O W d ° m oz !'7 `yV W O� Z Al U , z mw o r b p.q m O o y -� 4)a Cj rn � ° x q ►� x m v7 LLJw a M. O O O 0. U b0 O O U o ?) U .� H U w U✓ T5 1 m o ,AO 1n CV C q Q as w�a cca°o.�.°'. ci (� I z I A011/OOV L70OM3/N1VkM I o Q 66107 ' a i ~ Itr'£ll N1f10S-H12dON I a ririno,rormu ra ssrr 1 Z Q M I p rw L, n a cr-I I Q I I I � a� p � �- U 1 � N I ~aw:�F-Fo . z V Q Z I o§§L, .9 I aQ��s ~ §b 0 1 1 `9'w25 ,ar•rii ,a � w�Z��fi� 04 V ( �1 �ow cnm •mo LLJ�' 11- z 0 J z 1 w �' W w }- Imo—m Q ~ I€ (n Z � D ' 3nl?JQ • • •. I J 00 w I � z I� z I I Q J I CI --� v K o � QH ,'72 N o .EL'SZ D. �..d- N O LZ £ll H1f10S-H1NON i I M€ oa I � NO/1/OOG' OOOM3/NNIM I wk 2,,� 26107 I vT LimLU C)n _ C ry,y 3 Resolution No. 2001-RO303 82nd STREET PROJECT REMAINDER AFTER TAKING PARCELS No. N - 16 LUBBOCK COUNTY, 'TEXAS >� 4 I 01 T THAT POR'T'ION OF ++��"" LOT 97 AWINNIEWOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, 'TEXAS, being the remainder after tite proposed right-of-way for 82nd Street taking, being further described by metes and bounds as follows: 20(ALLEY (RYfL Ari KY. 68R R?. Ila) N89°57 E 150.0( co Ki LOT 97 WINNIEWOOD ADDITION D o� O H z 1 Z .e (I C) 5 tD' 2-.j NOTES SCALE : I" = 40' BEARINGS RELATIVE TO RECORDED FINAL PLAT OF WINNIEWOOD ADDITION. • - 1/2' IRON ROD WITH CAP SET o - 1/2:: IRON ROD WITH CAP FOUND o - 1/2" IRON PIPE FOUND I, Daniel E. Martinez, Registered Professional Land Surveyor, do hereby certify that this plat is true and correct as surveyed on the ground. May 15, 1998 OF rft Daniel E. Martinez Registered Professional Land Surveyor ` )AMEL E. MARTINEZ No. 4515 State of Texas "p 4515 AUGOANO I 1 AVENUE O LUBBOCK, TEXAS 7NE , (806) 763_-5642 FAX : (806) 763 Job No.: 981317 Drawn By : RLG Date : May Il, 1998 n, y . to ky4") t�.' Revised Revised ray INC. Slice I 34 of 48 BEGINNING at a 1/2" iron rod with cap set in the proposed North right-of-way line of 82nd THIS POINT BEARS NORTH 35.71' FROM THE Street, which bears North 35.73 feet from the the original ORIGINAL SWTHEAST COFt,NER OF LOT .7, WNNE4/000 ADOITIONFD. CROWS FOOT Southeast corner of said Lot 97, — _ — — — — Winniewood Addition; N THENCE S. 89°59'06" W., along said proposed right-of-way line, a distance of 150.00 feet to a 1/2" iron rod with cap set in the West line of Lot 97, Winniewood Addition; ►_- Q THENCE North, along the West line Q of said Lot 97, a distance of O� 113.18 feet to a 1/2" iron pipe vS found in the South line of a 20 X W foot alley at the Northwest z = corner of said Lot 97; THENCE N. 89°57' E., along said alley line, a distance of 150.00 feet to a 1/2" iron rod with cap h found at the Northeast corner of said Lot 97; T THENCE South, along the East line (I C) 5 tD' 2-.j NOTES SCALE : I" = 40' BEARINGS RELATIVE TO RECORDED FINAL PLAT OF WINNIEWOOD ADDITION. • - 1/2' IRON ROD WITH CAP SET o - 1/2:: IRON ROD WITH CAP FOUND o - 1/2" IRON PIPE FOUND I, Daniel E. Martinez, Registered Professional Land Surveyor, do hereby certify that this plat is true and correct as surveyed on the ground. May 15, 1998 OF rft Daniel E. Martinez Registered Professional Land Surveyor ` )AMEL E. MARTINEZ No. 4515 State of Texas "p 4515 AUGOANO I 1 AVENUE O LUBBOCK, TEXAS 7NE , (806) 763_-5642 FAX : (806) 763 Job No.: 981317 Drawn By : RLG Date : May Il, 1998 n, y . to ky4") t�.' Revised Revised ray INC. Slice I 34 of 48 of said Lot 97, a distance of • a J THIS POINT BEARS NORTH 35.71' FROM THE 113.27 feet to the Point Of pI V ? ORIGINAL SWTHEAST COFt,NER OF LOT .7, WNNE4/000 ADOITIONFD. CROWS FOOT Beginning. — _ — — — — E)OST. R- -W (RYAAT KL. 6m Fo.. )N4) — — — EDGE of ASPHATr — — — — ' — Contains : 16,983.9 square feet (5T2F PAVED) (I C) 5 tD' 2-.j NOTES SCALE : I" = 40' BEARINGS RELATIVE TO RECORDED FINAL PLAT OF WINNIEWOOD ADDITION. • - 1/2' IRON ROD WITH CAP SET o - 1/2:: IRON ROD WITH CAP FOUND o - 1/2" IRON PIPE FOUND I, Daniel E. Martinez, Registered Professional Land Surveyor, do hereby certify that this plat is true and correct as surveyed on the ground. May 15, 1998 OF rft Daniel E. Martinez Registered Professional Land Surveyor ` )AMEL E. MARTINEZ No. 4515 State of Texas "p 4515 AUGOANO I 1 AVENUE O LUBBOCK, TEXAS 7NE , (806) 763_-5642 FAX : (806) 763 Job No.: 981317 Drawn By : RLG Date : May Il, 1998 n, y . to ky4") t�.' Revised Revised ray INC. Slice I 34 of 48 82nd STREET PROJECT EMAINDER AFTER TAKING PARCELS No. N -10 LUBBOCK COUNTY, TEXAS THAT PORTION OF R A 0.513 ACRE TRACT IN Fx l4 161 1 T A SECTION 5, BLOCK E LUBBOCK COUNTY, TEXAS, 20 ALLEY (8YFLA7' YM "a a• 121) niuc%*r7'F 150.00' —_— O0 pt a TRACT A -7-A �Q 0.513 ACRE TRACT O Z � o z 4 --- _ i £wsr. M44 R 0-W (►qt. A",. 66 0 being the remainder after the proposed right-of-way for 82nd Street taking, being further described by metes and bounds as follows: BEGINNING at a 1/2" rod with cap set in the proposed North right-of-way line of 82nd Street, which bears S. 89°57' W. 1659.82 feet and North 79.65 feet from the Southeast corner of the Southwest Quarter of Section 5, Block E. Lubbock County, Texas; i- THENCE S. 89°59'06" W., along m N said proposed right-of-way line, a distance of 150.00 feet to a 1/2" iron rod with cap set in the West line of a 0.513 acre tract; C THENCE North, along the West cg line of said 0.513 acre tract, a _ distance of 112.77 feet to a 3/8" E iron rod found in the South line of a 20 foot alley at the Z Northwest corner, of said 0.513 acre tract; £bST. R -O -W (BYfLAT YCr. 6B$ A9. 1211 ASPHAI•T —r rsrev vavED� NOTES SCALE : 1" = 40' BEARINGS RELATIVE TO RECORDED FINAL PLAT OF WINNIEWOOD ADDITION. I • - 1/2' IRON ROD WITH CAP SET o - 3/8°IRON ROD FOUNRON ROD WITHD FOUND I, Daniel E. Martinez, Registered Professional Land Surveyor, do hereby certify that this plat is true and correct as surveyed on the ground. May 15. 1998 OF r� �iQST �F �'"'4 -� * Daniel E. Martinez ANIEI E. mARIINEI Registered Professional Land Surveyor q 4515 r Q - No. 4515 State of Texas �y °" S-00 1 THENCE N. 89°57' E"along said alley line, a distance of 150.00 feet to a 1/2" iron rod with cap found at the Northeast corner of said 0.513 acre tract; THENCE South, along the East line of said 0.513 acre tract a distance of 112.87 feet to the Point of Beginning. Contains : 16,923.0 square feet ff ®_ AND ASSOCIATES. IN - p .ons C TEXAS 794M 763-5642 u F�1(8o6)763-5891 Job No.: 981317 Drawn By : RLG Date : May 11. 1998 Revised : Revised Fiy_ Sheet 20 �t 48 ion No. 2001-1030 Resolution No. 2001-RO303 EXHIBIT "A" Lot 13, Fry Addition, to the City of Lubbock, Lubbock County, Texas as shown on the map, plat, and/or dedication deed thereof recorded in Volume 1671 Page 44, Deed Records, Lubbock County, Texas. Lot 14, Fry Addition, to the City of Lubbock, Lubbock County, Texas as shown on the map, plat, and/or dedication deed thereof recorded in Volume 1671 Page 44, Deed Records, Lubbock County, Texas.