HomeMy WebLinkAboutResolution - 2013-R0179 - Deed Without Warranty - D-C Wrecking LLP - 06/13/2013Resolution N0. 2013-RO179
June 13, 2013
item No. 5.7
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 D -C Wrecking, LLP, 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 ,June 13, 2013
EN C. ROBERTSON, MAYOR
ATTEST:
C" ��
Rebec a Garza, City Secret
APPROVED AS TO CONTENT:
J E
LL"l
R. Keith Smith, Chief Operating Officer
&--ate Z�
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocsiRES.Deed-D C Wrecking, LLP
May 28, 2013
Resolution N0. 2013—RO179
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: June 13 , 2013
Grantor: City of Lubbock, Texas
Grantor's Mailing Address:
P.O. Box 2000
Lubbock, Lubbock County, Texas 79457
Grantee: D -C Wrecking, LLP
Grantee's Mailing Address:
4720 Highway 84
Lubbock, Lubbock County, Texas 79415
Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration.
Property (including any improvements):
That certain real property located in Lubbock County, Texas, and being further and more
particularly described and set forth in Exhibit A attached hereto.
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
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, 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
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 13th DAY OF June , 2013_.
GRANTOR:
CITY OF LUB CK
EN C. ROBERTSON, MAYOR
ATTEST:
Reb ca Garza, City Secreta
APPROVED AS TO CONTENT:
P
- &.Lil J-
R. Keith Smith, P.E., Chief Operating Officer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
Deed Without Warranty Page 3 of 4
STATE OF TEXAS
COUNTY OF LUBBOCK
fh
This instrument was acknowledged before me on this I# day of Lt r+L 20 13 by Glen
C. Robertson, Mayor of the City of Lubbock.
CEL�AWEBB
Notary Public, State of Texas
q 9 My Commission Expires 3-01.2014
Nota Public, State of Texas
My commission expires:03-14-A013
Deed Without Warranty Page 4 of 4
EXHIBIT
SURVEYING
2737 81ST STREET LUBBOCK, TEXAS 79423
(806) 745-7670
FIELD NOTES on a 0.997 acre tract out of Section 14, Block A, Lubbock County, Texas, being
the same tract as the tract described in Volume 372, Page 276, Lubbock County Deed Records
and being further described by metes and bounds as follows:
COMMENCING at a found rod with yellow cap in the center of Kent Street/County Road 6300
and the North line of Section 14 for the Northeast corner of this tract and the Northwest comer of
the tract described in Volume 6625 Page 266, Lubbock County Real Property Records and
having Texas North Central Zone Coordinates of North 7294958.93, East 930502.41, from which
a found 1/2" iron pipe about 5 feet East of the edge of paving of Quaker Avenue accepted as the
Northeast corner of Section 14 bears S 88°22'25"E (Texas North Central Zone Bearing Basis),
1789.5 feet (Called East 1789.54 feet);
THENCE S01 °43'11" W, 2432.59 feet to found 3/4" iron pipe for the most Easterly Southeast
corner of the DC Wrecking tract and the Northeast and BEGINNING corner of this tract;
THENCE S 01 ° 44' 07" W, 208.43 feet to a found 3/4" iron pipe for the Southeast corner of this
tract;
THENCE N88019'09" W, along the North line of the Helena Chemical tract described in Volume
1184, Page 179, Lubbock County Deed Records, 208.29 feet to set 1/2" rod with cap marked
RPLS 4460 for the Southwest corner of this tract;
THENCE N01°43'41" E, with an Easterly line of the D.C. Wrecking tract, 208.43 feet to set 1/2"
rod with cap for the Northwest corner of this tract;
THENCE S88019'03" E, 208.29 feet to the PLACE of BEGINNING and containing 0.997 Acres,
including any Right of Way. A
J. M. Cie 1zinskii,R P L
These notes are base(
My 28, 2013
i the ground.
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