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Home My WebLink AboutResolution - 2003-R0141 - Agreement And Conveyance Conveying Portion Of Ave. N To Firt United Meth. Church - 04/10/2003Resolution No. 2003-RO141 April 10, 2003 Item No. 18 RESOLUTION BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a Resolution authorizing and directing the Mayor to execute an Agreement and Conveyance conveying all right, title and interest of the City of Lubbock in the land underlying that portion of Avenue N located between Broadway and 13th Street to the First United Methodist Church Lubbock, Texas. Said Agreement and Conveyance is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 10th ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right Of Way Xgent APPROVED AS TO FORM: ohn KnighteXssistanflCity Attorney sh/cityatt/John/Resoluti on.AveN Apri11,2003 Resolution No. 2003-RO141 April 10, 2003 Item No. 18 AGREEMENT AND CONVEYANCE DEED WITHOUT WARRANTY DATE: April 1, 2003 GRANTOR: City Of Lubbock GRANTOR'S MAILING ADDRESS 1625 13th Street Lubbock, Texas 79401 GRANTEE: First United Methodist Church Lubbock, Texas GRANTEE'S MAILING ADDRESS 1411 Broadway Lubbock, Texas 79401 CONSIDERATION: The Grantor and Grantee hereby agree that the value of the real property conveyed herein is Forty-three thousand, one hundred seventy-nine and 50/100 dollars ($43,179.50). In consideration for the conveyance by Grantor to Grantee of the herein below described real property, and in payment of the said amount, Grantee hereby covenenents and agrees to provide meeting/classroom space for use by Grantor in the Outreach Center located at 1520 13th Street in the city of Lubbock, Lubbock, County, Texas. The value of the usage of the Outreach Center shall be calculated at the rate of One hundred and no/100 dollars ($100.00) per room used per day. Grantor and Grantee expressly stipulate that the consideration set forth herein is the sole consideration to be received by Grantor for the conveyance of the Property by Grantor and that such consideration is sufficient in all respects. Deed Without Warranty Page I of 7 PROPERTY (INCLUDING ANY IMPROVEMENTS): TRACT ONE METES AND BOUNDS DESCRIPTION of a portion of Avenue N located between 13th Street and Broadway, Lubbock, Texas, and being further described as follows: BEGINNING at an "x" set in concrete in the North right-of-way line of 13th Street at the Southwest corner of Lot 10, Block 129, Original Town of Lubbock; THENCE West, along the North right-of-way line of 13th Street, a distance of 75.24 feet to the Southeast corner of Lot 11, Block 128, Original Town of Lubbock; THENCE North, along the East line of said Block 128, a distance of 260.00 feet to an "x" set in concrete in the South right-of-way line of Broadway at the Northeast corner of said Block 128; THENCE East, along the South right-of-way line of Broadway, a distance of 75.24 feet to an `x' set in concrete at the Northwest corner of Block 129, Original Town of Lubbock; THENCE South, along the West line of said Block 129, a distance of 260.00 feet to the POINT OF BEGINNING. Deed Without Warranty Page 2 of 7 TRACT TWO METES AND BOUNDS DESCRIPTION of a North-South 20 foot alley located between Avenue N, Avenue O, Broadway, and 13th Street, Lubbock, Texas, and being further described as follows: BEGINNING at a 1/2" square tube found in the North right-of-way line of 13th Street at the Southwest corner of Lot 11, Block 128, Original Town of Lubbock; THENCE West, along the North right-of-way line of 13th Street, a distance of 20.00 feet to a crow's foot cut in concrete at the Southeast corner of Lot 10, said Block 128; THENCE North, along the East lines of Lots 6-10, said Block 128, a distance of 130.00 feet to a %2" iron pipe found in the South right-of-way line of a 15 foot alley at the Northeast corner of Lot 6, said Block 128; THENCE East, along the South right-of-way line of said 15 foot alley, a distance of 20.00 feet to a railroad spike found at the Northwest corner of Lot 15, said Block 128; THENCE South, along the West lines of Lots 11-15, said Block 128, a distance of 130.00 feet to the POINT OF BEGINNING. REPRESENTATIONS AND WARRANTIES OF GRANTEE: Grantee warrants and represents that it is a non-profit organization, as that term is defined in the Texas Local Government Code Section 253.011(a). Deed Without Warranty Page 3 of 7 Grantee represents and warrants to Grantor that it has made an independent inspection and evaluation of the Property and the title to same and acknowledges that Grantor has made no statements or representations concerning the present or future value of the Property, the state of title of the Property, the condition; including the environmental condition of the Property, or the anticipated income, costs, or profits, if any, to be derived from the Property. FURTHER, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE, INCLUDING WITHOUT LIMITATION, THE EXISTENCE OF LIENS AGAINST THE PROPERTY, THE VALUE, QUALITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY AND/OR IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF THE PROPERTY. Grantee further acknowledges that, in accepting this Deed Without Warranty, it has relied solely upon its independent evaluation and examination of the Property, and public records relating to the Property and the independent estimates, computations, evaluations and studies based thereon. Grantor makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Grantee, if any, whether furnished by Grantor or any other third party. Grantor, its officers, employees, elected officials, independent contractors, and agents assume no liability for the accuracy, completeness or usefulness of any material furnished Deed Without Warranty Page 4 of 7 by Grantor, or any of its officers, employees, elected officials, independent contractors and/or agents, if any, and/or any other person or party. Reliance on any material so furnished shall not give rise to any cause, claim or action against Grantor, its officers, employees, elected officials, independent contractors and/or agents, and any such reliance shall be at Grantee's sole risk. THE CONVEYANCE OF THE PROPERTY SHALL BE ON A "WHERE IS", "AS IS", AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESSED, STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO TITLE, INCLUDING, BUT NOT LIMITED TO THE EXISTENCE OF LIENS AGAINST THE PROPERTY, THE DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY AND/OR IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, QUALITY, VALUE, FITNESS FOR PURPOSE, MERCHANTABILITY OR OTHERWISE. Grantee has satisfied itself as to the title, type, condition, quality and extent of the property and property interests which comprise the Property it is receiving pursuant to this Deed Without Warranty. Grantor, for the consideration and subject to the reservations and exceptions to conveyance, grants, sells, and conveys to Grantee the Property, to have and to hold it to Grantee and Grantee's successors and assigns forever, without warranty, express or implied, statutory or otherwise, and all warranties that might arise by common Deed Without Warranty Page 5 of 7 law and the warranties created by Section 5.023 of the Texas Property Code (and all amendments and successors thereto) are expressly excluded. EXECUTED THIS 10th DAY OF April , 2003. ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right Of Way gent APPROVED AS TO FORM: T Knight, Assistant City Attorney GRANTOR- Deed Without Warranty Page 6 of 7 GRANTEE: FIRST UNITED METHODIST CHURCH Lubbock, Texas By: 4- Title: Chair, Trustees GRANTEE: FIRST UNITED METHODIST CHURCH Lubbock, Texas By:f✓ Title: