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Home My WebLink AboutResolution - 2016-R0089 - Deed - Mcdougal Land, Overton - 03/10/2016Resolution No. 2016-R0089 Item No. 5.7 March 10, 2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Deed Without Warranty, by and between the City of Lubbock and McDougal Land Company, LC of Lubbock, Texas, and related documents. Said Deed is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on March 10, 2016 ATTEST: Reb cca Garza, City Secrets AS -,"AW GLE . R B TSON, MAYOR P.E., Director of Public Works .�'rx Zr'r � Dave Booher, Right -of -Way Agent APPROVED S TO FORM: Chad Weaver, City Attorney vw:ecdocs/RES.Deed-McDougal Land Co February 19, 2016 NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEED WITHOUT WARRANTY Date:March 10,2016 Grantor:City of Lubbock,Texas Grantor's Mailing Address: P.O.Box 2000 Lubbock,Lubbock County,Texas 79457 Grantee:McDougal Land Company LC Grantee's Mailing Address: 5001 W.Loop 289 Lubbock,Lubbock County,Texas 79414 Consideration:Ten and No/100 Dollars ($10.00)and other good and valuable consideration. Property (including any improvements) That certain real property being further and more particularly described as the South 50' of Lots 8 and 9. Overton Addition,Lubbock. Lubbock County,Texas. Reservations From Conveyance: Grantor reserves and excepts from this conveyance,for Grantor and Grantor's successors and assigns all oil,gas and other minerals on, in and under all of the land described in this deed, together within the right of ingress and egress for the purpose of exploring for. drilling for, producing and marketing oil,gas and other minerals Exceptions to Conveyance: None Representations and Warranties of Grantee: Grantee represents and warrants to Grantor that it has made an Independent inspection and evaluation of the Property and the title to same and acknowledges that Grantor has made no statements or representations concerning the present or future value of the Property,the state of Deed Without Warranty Page 1 of 4 � � I 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 by Grantor, or any of its officers. employees. elected officials. independent contractors and/or agents, if any, andlor 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 Deed Without Warranty Page 2 of 4 OF THE PAST OR HISTORIC USE OF THE PROPERTY, QUALITY, VALUE, FITNESS FOR PURPOSE, MERCHANTABILITY OR OTHERWISE. Grantee has satisfied itself as to the title, type, condition, quality, and extent of the property and property interests which comprise the Property it is receiving pursuant to this Deed Without Warranty. Grantor, for the consideration and subject to the reservations and exceptions to conveyance, grants, sells, and conveys to Grantee the Property, to have and to hold it to Grantee and Grantee's successors and assigns forever, without warranty, express or implied, statutory or otherwise, and all warranties that might arise by common law and the warranties created by Section 5.023 of the Texas Property Code (and all amendments and successors thereto) are expressly excluded. EXECUTED THIS 10th DAY OF NNIarch , 2016. GRANTOR: CITY OF LUBBOCK / GLEW.ROB SON, MAYOR ATTEST: R becca Garza, City Secretary APVROVED AS TQZONTENT: , P.E., Director of Public Works Dave Booher, Right -of -Way Agent APPROV - ""AS TO FORM: f CChad Weaver, City Attorney Deed Without Warranty Page 3 of 4 _ _ _ -_ ... _ •. .y: :t=_.a ��C:R-.. s.`,:i..:-:.«lY' _ - _ � :....�.:.... -•:.LL - :�,5' :.�T,�=:�:�::..: %�5:,.��...'.�..:..�..:�l:iT _w _. .r:r�+�y ...�a.r'.r- _ . r:3 - ,"fX �-� W.l rc_..d�.z �:. •;4...x.:T �7+s' .��'".r..:� :..jw- `: T-• ...X..;.. ..^^C .� ..f�L:'`-! :f:=:l'..'^`�� "".7Y� .. r. ,'dS"i�"s._ ..a..^%=._ .� _ _ i+'� "� �". :c". fir, c•.. .,�,... _ u.. �:.. STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on this day of-ft , 201 by Glen C. Robertson, Mayor of the City of Lubbock. AA AJ11 ke o ary Public, State of Texa My commission expires: FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion County Clerk Lubbock County TEXAS 03/15/2016 02:f5 PM FEE: $38.00 2016008830 Deed Without Warranty Page 4 of 4