HomeMy WebLinkAboutResolution - 2002-R0190 - Contract Of Sale Of City Owned Property - Sentry Plaza LP - 05/23/2002Resolution No. 2002-RO190
May 23, 2002
Item No. 20
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 between
the City of Lubbock, Seller, and Sentry Plaza L.P., Buyer, and any other related
documents. The Contract for Sale provides for the sale of City owned property described
as 6701 Albany Avenue, Lubbock, Texas, with legal description as shown on Exhibit "A"
of the Contract for Sale. 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 this 23rd day of May , 2002.
MARC MCD GAL, MAYOR
ATTEST:
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Aigent
APPROVED AS TO FORM:
Richard K. Casner
Natural Resources Attorney
KE*cdocs/Sentry Plaza LP
May 13, 2002
iTB #064-02/RS, Sae of City of Lubbock Real Estate
Located at 1522 82" Street and 6701 Albany Avenue
Resolution No. 2002-R190
CONTRACT FOR SALE
THIS CONTRACT, effective as of R V_ , 20�/�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 sell and convey 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 sell and Buyer
shall purchase and pay for, on IIL /
I,z —{� ����; 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
Lection 2. Purchase rice. The rch_ase Price (herein so called) to be paid by Buyef to
Seller for the Property shall be X60
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, helsherit
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,
301-01/RSsalere.doc 6
ITB #064-02/RS, Sale of City of Lubbock Real Estate
Located at 1522 82" Street and 6701 Albany Avenue
completeness or usefulness of the material furnished by the Seiler, 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/sheet 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
301-01/RSsalere.doc 7
ITB #064-02/RS, Sale of City of Lubbock Real Estate
Located at 1522 82" Street and 6701 Albany Avenue
CLAIMS WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED, IN ANY WAY, MANNER OR
FORM, TO THE TRANSACTIONS AND ACTIVITIES CONTEMPLATED HEREUNDER, THE OMISSION
OF THE TRANSACTIONS AND ACTIVITIES HEREUNDER, OR CAUSED BY, CONNECTED WITH, OR
RELATED TO THE PRESENCE, DISPOSAL, OR RELEASE OF ANY MATERIAL OF ANY KIND
INCLUDING, WITHOUT LIMITATION, HAZARDOUS SUBSTANCES, AS DEFINED IN THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (42
U.S.C.S. §9601(14)), AND THE REGULATIONS PROMULGATED THEREUNDER, AS EACH OF SAME
MAY BE AMENDED, PETROLEUM AND PETROLEUM PRODUCTS AND BYPRODUCTS AND/OR
ASBESTOS IN ANY FORM, FROM OR UPON THE PROPERTY AT THE TIME IT IS CONVEYED TO
BUYER OR THEREAFTER, EVEN THOUGH ANY OF THE ABOVE ARE CAUSED, OR CONTRIBUTED
TO, BY THE NEGLIGENCE OR FAULT OF SELLER, ITS RESPECTIVE OFFICERS, EMPLOYEES,
ELECTED OFFICIALS AND/OR AGENTS. THE BUYER FURTHER COVENANTS AND AGREES TO
DEFEND ANY SUITS OR ADMINISTRATIVE PROCEEDINGS BROUGHT AGAINST THE SELLER,
AND/OR THE SELLER'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR
AGENTS ON ACCOUNT OF ANY SUCH CLAIM, AND TO PAY OR DISCHARGE THE FULL AMOUNT
OR OBLIGATION OF ANY SUCH CLAIM INCURRED BY, ACCRUING TO, OR IMPOSED ON THE
SELLER, THE SELLER'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR
AGENTS, AS APPLICABLE, RESULTING FROM ANY SUCH SUITS, CLAIMS AND/OR
ADMINISTRATIVE PROCEEDINGS OR ANY MATTERS RESULTING FROM THE SETTLEMENT OR
RESOLUTION OF SAID SUITS, CLAIMS, AND/OR ADMINISTRATIVE PROCEEDINGS. IN ADDITION,
THE BUYER SHALL PAY TO THE SELLER, THE SELLER'S RESPECTIVE OFFICERS, EMPLOYEES,
ELECTED OFFICIALS AND/OR AGENTS, AS APPLICABLE, ALL ATTORNEYS' FEES INCURRED BY
SUCH PARTIES.
Section 5.2. Survival Beyond Closing. The indemnity provisions contained in this Contract, as
set forth in this Article 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. 0. Box 2000,
Lubbock, Texas 79457, (806) 775-2352, 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 Vill
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.
301-01/RSsalere.doc 8
ITB #064-02/RS. Saje of City of Lubbock Real Estate
Located at 1522 82" Street and 6701 Albany Avenue
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.
(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;
A Quitclaim Deed, in the form attached as Exhibit "B", duly executed by Buyer
and acknowledged;
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) Ad valorem taxes relating to the Property for the calendar years prior to the year in which
the Closing shall occur, if any, shall be the sole responsibility of, and shall be paid by Buyer, at Closing.
Further, all ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur,
if any, shall be the sole responsibility of Buyer and Buyer shall promptly pay such ad valorem taxes when
same become due and owing.
ARTICLE IX
DEFAULTS AND REMEDIES
Section 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
301-01/RSsalere.doc 9
ITB #064-02/RS, Saije of City of Lubbock Real Estate
Located at 1522 82" Street and 6701 Albany Avenue
exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right
or remedy and all rights and remedies shall be cumulative.
ARTICLE X
NOTICE
Section 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.
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 Buyerr'ss address and numbers for the purpose of notice are:
BUYER:J CT 4
7�tK— (Telephone Number)
??S`(Telephone Facsimile Number)
ARTICLE XI
MISCELLANEOUS
Section 11.01. Entire Agreement. This Contract, including all exhibits and parts hereof, including
the Invitation to Bid, Bid Form and General Conditions relating to Invitation to Bid Number 064-02/RS
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 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
301-01/RSsalere.doc 10
ITB #064-02/RS, Sae of City of Lubbock Real Estate
Located at 1522 82 Street and 6701 Albany Avenue
RELATING TO THIS AGREEMENT OR THE TRANSACTIONS AND ACTIVITIES CONTEMPLATED
HEREBY.
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. Attomey'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 :2 day of d ,17�',�< r/ , 2002.
n
f
MARC MCDO AL, MA,YDR
ATTEST:
QRecca Garza, City Secretary Qs
APPROVED AS TO CONTENT:
Ed Bucy, Right-of-Waygent
APPROVED AS TO FORM:
Richard K. Casner, Natural Resources Attomey
301-01/RSsalere.doc 11
i
Y PARK No. 2002-R0190 ! IEXH 1 B I T A"
NTR
� TRACT B
L a -e OWW : L cbbo& Sentry Apes. L C
Vol. 4/A2 Pg. 244
( Ano .SI"Cr ro £)s r. 5' !(£_ .soS
Q - - - - /R1Z4owAYa t/7L/rYESbIr. i - �• _
p U7L/TY EAS -A -Nr p' LCE
M7.9JT— 111 d R7' GCE
ACq rmtAcorsccrimM 8L=E-2 I i 40'�JW
ate
i
` Z959 SQ. FT .R ° �+ V. 8L=
•37.s7
CH. 4.35'
\ R '22 �3 a
\
13.83
4' o `�
L aad Ower: L WcD L aid Co. Three L Jd.
Vol 442!9/, Pg 248
E MISION OF 88th STREET "EXHIBIT A" \\ \
RMUNDER PARCEL B \ \
METES AND BWNDS DESCMPTiON of a portion of that tract of land ccnvsyed \ \
to Lubbock Land Co. Three Ltd. In Volume 4281. Page 248. Real Property Records \ t
of Lubbock County. Texas located in Section 27. Block E-2. Lubbock County. Texas, \ \
being thither described as follows: tLle%ti
31.6'9 CCE _sys
SEGMINC at a 1/2' iron rod with cap set in the East line of that trod conveyed
to Lubbock Land Co. Wes Ltd. in Volume 4281, Page 248. Red Property Retards �
which bears N. 8937'50' W. a distance of 1321.3f feet and S. 001OBlock 20�E. a disk w .,,1..
tans of 115.29 feet from the Northeast tomer of Section 27. Block E -Z. Lubbock 1 6 /
County. Texas; 1
THENCE S. 00'02'20' E.. along the East line of sold Lubbock Land Co. Tract, a dlt-
a dlrtonce of 210.58 feet to a set 1/2' iron rod with cap; 1 ,
THENCE Northwesterly around a curve to the left. sold curve having a radius of 541.30
1
feet. a control angle of 14'22'120. tangent lengths of 88.24 foot. and a -chord distance of iI 1
135.40 fest to a IM iron rod with cap set for a point of reverse curvature; 1 L and : The Texas Rro rcr
THENCE Northeasterly around a curve to the right. said curve having a radius of 13.00 feet. 1 VO/ /635. P7. 497
a cent o inngl iron rod with copgNt forgths of o pointiof8tongency. d achord distance of 20.34 11 I
ot to
THEMM N. 48.43'14' E. a distance of 2274 feet to a 1/Y iron rod with cap set for a i
1
point of curvatura I
THENCE Northeasterly around a verve to �loneythssof 37.87 f d curve e end o chorda radius fdistonce
feet. a central angle of 18'38'09'. tangent l contain 3 -87 squats feet.
of 74.33 feet to the Point of Beginning.
Surveyed and certi ted correct -
May 23. 1994
Registered Professional Land Surveyor
Lubbock. Texas
K,11
of r
f0
EXHIBIT "B"
QUITCLAIM DEED
STATE OF TEXAS §
COUNTY OF LUBBOCK §
ITB #064-02/RS, Sade of City of Lubbock Real Estate
Located at 1522 82 Street and 6701 Albany Avenue
Resolution No. 2002-R 0190
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 f I ("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
301-01/RSsalere.doc 13
ITB #064-02/RS, Saje of City of Lubbock Real Estate
Located at 1522 82" Street and 6701 Albany Avenue
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 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 anytime in the future have,
claim, or demand any right or title to the property described above.
Executed this day of , 2002.
CITY OF LUBBOCK
�+xo�1��rSc�l�aaaXoaaaa�I�x
MARC MCDOUGAL, MAYpR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
301-01/RSsalere.doc 14
APPROVED AS TO FORM:
Richard K. Casner, Natural Resources Attorney
ITB #064-02/RS, Sale of City of Lubbock Real Estate
Located at 1522 82" Street and 6701 Albany Avenue
TRANSFEREE:
STATE OF TEXAS §
COUNTY OF LUBBOCK §
MARC MCDOUGAL
This instrument was acknowledged before me on , by WNPX�lffTQN,
Mayor of the City of Lubbock, Lubbock County, Texas.
Notary Public in and for the State of Texas
My Commission Expires:
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on , by
Notary Public in and for the State of Texas
My Commission Expires:
301-01/RSsalere.doc 15
NTRY rR,acr PARK 1. 'IEXHIBIT A"
� a � -
-+ Load Dwner ; L booct Sentry Apia. L C
Vol 4/UQ P7 240
Q "A 6(,1�,fCT roDzr.
- - - �aaa0w.kre untrYEsar.-
t"—�
(/TZ/TY EASE+iIrNT 1
_rb rte— -r 367. f9f3V'� a y rYY J Mw v
\ \ m r LAco"SEC rx `T &W . -. f E.i�T DOW
W'
\ I I
`6959 SQ. FT. igp9 i1
\ \ \ p
37
4 rc
Re 15.
L and Ghent : L 46600 L a►d Co. rhr" L td. -4
Vol 4M, P9 Z48
�\c
E: MSION OF 86th STREET "EXHIBIT A
REMAINDER PARCEL B \ \
MESS AND BOtlNOS DESCRIPTION of a portion of that tract of land =YoYed \
to LMbbock Land Co. Three Ltd. in Volume 4281. Page 248. Real Property Records \ 1
ted ln. Section 27. Block E-2. Lubbock County. Texas.
of Lubbock County, Teztat lacm\\ \, ��,
beingfkuther described as foNows: , 31 �.�,. /0, UE _ sys
SEG MING at a i/2' iron rod with cop set in the East line of that tract conv+yed t C►
to Lubbock Lord Co. Three Ltd. in Volume 4281, Page 248. Real Pr art Records 1
which boors N. 893750' W. a distance of 1321.38 fest and S. Block 20 E o cis- k � �� �.
tance of 113.29 feet from the Northeast comer of Section 27. Block E-2. Lubbock i
County. Texan:
THENCE S. 00'02'20' E.. along the East line of said Lubbock Land Co. Tract, a alis- 1
o distonce of 210.58 feet to a set i/2' lron rod with cap;
THENCE Northwesterly around a curve to the left. said curve having a radius of 541.30
foot, a central angle of 14'22'12', tangent lengths of 88.24 feet. and a -chord distance of t
135.40 feet to a 1/2 iron rod with cap set for a point of reverse curvature; 4+ Load: The Texas Aoect
THENCNortheasterly B3'21�'3k,7'. tangent lengthsof1�83soldcurve fes anhaving ord distanca radius of e of ti Yc% /6.3.� Pg. 49T
a ken 1 i
Joe t to a 1 'iron rod with cap got for o Point of tangency; t
THI-Na N. 48.43'14' E. a distance of 2274 feet to o i/2' Iron rod with cap set for a i
point of carvatum l
THENCE Northeasterly around a curve to the let - s i 37.87 fed curve a� and a choa
f 230. 0
foot. o central angle, '38
of 18'09'. tangent
containing 8959 square feet.
ce
of 74.35 feet to the Point of Beginnin4
Surveyed and certifled correct -
Mart 23, 1994
Registered Professional land Surveyor
Lubbock. Texas
1� 0f r��
QUITCLAIM DEED
STATE OF TEXAS §
COUNTY OF LUBBOCK §
Resolution No. 2002-RO190
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 SENTRY PLAZA L.P. (the "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
SENTRY PLAZA L.P. QuitClaim Deed
Page 1 of 4
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 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 IW 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.
SENTRY PLAZA L.P. Quitclaim Deed
Page 2 of 4
1
Executed this 23rd day of May 9 2002.
ATTEST:
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -
APPROVED AS TO FORM:
,000
Richard K. Casner, Natural Re ii es Attorney
TRANSFEROR:
CITY OF LUBBOCK
Sentry Plaza Quit Claim Deed
Page 3 of 4
i 1Me, G, L.L.
ry
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on M& j 200 by
MARC MCDOUGAL , Mayor of the City of Lubbock, Lubbock County,
Texas.
C E L I A WEBB
Wn Pubk Stats of Tsur
a W �Eln'- d.;�) lldl--
STATE OF TEXAS
COUNTY OF Lubbock
Notary Pu lic in and for the State of Texas
My Commission Expires: 03 -01 - 2,01.Y.
This instrument was acknowledged before me on May 6th , 200?, by
Benny Nixon , M CORP, General Partner of Sentry Plaza, L.P.
-----------i
E( Y'Pfig"h
�� MARY ANN EGGLESTON o lic mane S to of exas
Ij
'' ` Notary Public, State of Texas
�� My Commission Expires 17/1412002
„� ��� x � My Commission Expires:
ke/cityatt/Richard/quitclaimdeed-SentryPlaza
May 2, 2002
Sentry Plaza Quit Claim Deed
Page 4 of 4
i
�N TRY /0Af'K N "E X H 18 I T A"
c Lboct Senrry Apts. L C
i W 240
t/d. 'i%l.V.. y �
Cr
ro Ears r. ? s' cit' _ SOS
Armw.rra urt:rrEsur. 1 - so
- - iv' urz)rr rAsE cNr
hggTH tAcor SECTxW ?T• � : I
IEw.ro'voa an'
Imo'•
R,7�a0a��an+
2959 Std . FT . i 3023v. 40 n. �.�
Q9
�• � � � p+74.1 37 33
..� IsQ
\T'13 33 $
220.34
L mC CWW : L utoor L ad Co. Thr" L n7. q v
Vol 4264 Pg. 248 \ \ \
\ g.
SXTE.moN of 08th STR1os'P "EXHIBIT A" \ \
MILD iDER PARCZ. B \ \
1AE_MS AND SWNDS DESCRIP11Cfr of a portlon of that tract of land con,sysd
to Lubbock Lof Lwbboe_ and Co. ---.* Ltd. in Volume 4261. Ixntod
In ,#ction 27. Biock E-2, Lubbock C , Real Property
RecTax"
being further desabed as fdiowc �' o
1 31.69 �.�• b'
BECIMM(; at a 1/2' iron rod with � set h the East line of that tract conveyed 1 O
to Lubbocie Land Ca. Three Ltd. in Volume 4281. Page 248. Red Prope t Records
which bears M. 89'57'50' W. a distance of 1321.38 feet and S. 00'OZ'Z E. a olio- w�� �.
tans of 11529 feet from the Northeast comer of Section 27, Block E-2. Lubbock (v'�
`
County. Texas: 1
THENCE S. 00'02'20E.. along the East the of sold Lubbock Land Co. tract. aolio-
a distance of 210.86 foot to a set 1/2' iron rod with cap;
1HET4CE Northwesterly around a curve to the left. sold curve having a radius of 541n 1 1
fee#
. o con" angle of 14,.2'1' l�a+cagsn selength*
nfah a point of re24 et. and wrse curvature; distance of i I L o�O :The Texas fro ecr
13540 feet to a 1/2 iron rod" w p
THENCE Northeasterly around a curve to the right.
Nof 13.03dcurve fee and o having
>ord distance Of 20.34 11 }rd /6.�i, Pg. 497
o control an
of 8SZ1'37'. tangent loop 1 1
foot to a 1 ' Iran rad with cap set for a point of tangency.
1
IHIENCE N. 48.43'14' E a distance of 2274 feet to a 1/2' Iran rod with cap set fora 1
point of curvatures I
7} ENCE Northeasterly around a curve to the egt. s 0 37.07 feet. curve nd o radius
choof 230-00
feet. o control angle of 1836'09'. tangentlength*
contalninq 0959 square feet.
ce
of 74.33 feet to the Point of Beginning.
Surveyed and certifled correct:
May 23. 1994
C7*�� C'.
Registered Professional Land Surveyor
LuDbodr• Texas
00,
kf 7f
c: � FJ
f -f