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Home My WebLink AboutResolution - 2016-R0174 - 2504 45Th Easement - 05/26/2016Resolution No.2016-R0174 Item No.5.11 May 26,2016 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 behalfof the City of Lubbock,a DeedWithout Warranty forthe sale of excess right-of-way along University Avenue located at 2504 45th Street in Lubbock,Texas,by and between the City of Lubbock and Lubbock C&C. L.C.,of Lubbock,Texas,and related documents.Said Deed Without Warranty is attached hereto and incorporated in this resolution as if fully set forth hereinand shall be includedinthe minutesof the CityCouncil. Passed by the City Council on May 26.2016 DANIEL M.POPE,MAYOR ATTEST: .Wood Franklin,P.E.,Director of Public Works APPROVED AS TO FORM: Ll Justin PruitUAssistant City Attorney ccdocs/RKS.Deed Without Warranty - Lubbock C&C.L.C.- Sale of Real Estate. 2504 45,h St. May 5.2016 COUNTER FILING File and Return to |® DaveBooher R.O.W./=S City ofLubbock y —=g Resolution No.2016-RO174 —.3 NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU ** MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS {LJgj INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:5- YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.-3S DEED WITHOUT WARRANTY Date:May 5,2016 Grantor:City of Lubbock,Texas Grantor's Mailing Address: P.O.Box 2000 Lubbock,Lubbock County,Texas 79457 Grantee:Lubbock C & C,L.C. Grantee's Mailing Address: P.O.Box 1545 Lubbock,Lubbock County,Texas 79408 Consideration: Ten and No/100 Dollars ($10.00)and other good and valuableconsideration. Property (including any improvements): That certain real property being an excess portion of right-of-way located along University Avenue at 2504 45th Street in Lubbock,Lubbock County,Texas, and being further and more particularly described as:The West Nine Feet (W.9')of Lot Twenty (20),Block Two (2), Sunny Slope Addition tothe City of Lubbock,Lubbock County,Texas,according to the Map, Plat,and/or Dedication Deed thereof,recorded in Volume 471,Page 287,Deed Records of Lubbock,County,Texas (the "Property"). 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 title of the Property, the condition,including the environmental condition of the Property,orthe anticipated income,costs,or profits,if any,to be derived from the Property. DeedWithoutWarranty Page 1of3 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, 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 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 26th DAY OF Mav, 2016. Deed Without Warranty Page 2 of 3 £;o £ a6ed ydo ; sandxa uolsslwwoo AIN -/sexal }o aaea 'ollgnd tie; 01 rn , 'mooggnl to A}10 ay;;o 1ii®ef°=�` 1aluep /q 70z ' ;o Ae siy; uo aw ajo;aq pabpelMouMoe seen;uawni;sw slyl 31111 �s ?d,CIMq hulid)'o'1'ovo NOo98n1 s sa� (ain;eu6i 01'OgON0088n1 o'1 `ovo No088n1 331NVNJ No088n1d0.l1Nnoo SVX31 d0 31V1S RawOpv :WIIOd Ol SV 03AONddV ;ua6V Ae/N-;o-;g61N 'Jayoo8 aneo /J-tVJ09S A4!0 'ezJe0 e6O qaa. �15311b' 80,WW'3d0 'W1331M1NVO �1 moo88n1do Aim UOINVNJ bLIM-9IN •ONu011nlOsag FILED AND RECORDED OFFICIAL PUBLIC RECORDS OP� Kelly Pinion County Clerk Lubbock Couniy, TEXAS 06/03/2016 02:02 PM FEE: $34.00 2016019589