HomeMy WebLinkAboutResolution - 2013-R0123 - Contract Of Sale - Nettie J. Edwards, Mary Sue Cauley, Etc. - 05/01/2013 (Resolution N0. 2013-RO123
May 1, 2013
Item No. 5.4
I
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, Contract of Sale for the purchase of real
property, by and between the City of Lubbock and Nettie J. Edwards, Mary Sue Cauley,
Martha King, Dornell Edwards and Carolyn Cade, and related documents. Said Contract
of Sale 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 May 1, 2013
G TSON, MAYOR
' ATTEST:
Reb eca Garza, City Secre a
APPROVED AS TO CONTENT:
/C
R. Keith Smith, P.E., hief Operating Officer
Dave Booher, Right-of-Way Agent
APPROVED AS TO FORM:
I
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Contract of Sale—Edwards et al
April 18,2013
I
Resolution N0. 2013-RO123
CONTRACT OF SALE
Contract No.11294
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Contract of Sale (the "Contract") is made this 1st day of May 52013
,
effective as of the date of execution hereof by Buyer, as defined herein, (the "Effective Date"),
by and between NETTIE J. EDWARDS, MARY SUE CAULEY, MARTHA KING, DORNELL
EDWARDS AND CAROLYN CADE (referred to herein as "Seller") and the CITY OF
LUBBOCK, TEXAS, a Home Rule Municipal Corporation of Lubbock County, Texas (referred
to herein as "Buyer").
RECITALS
WHEREAS, Seller owns those certain tracts of land described as Lots One (1), Two (2)
and Three (3), Block Thirteen (13), PHYLLIS-WHEATLEY SUBDIVISION, an Addition to the
City of Lubbock, Lubbock County, Texas, according to the Map, Plat, and/or Dedication Deed
thereof, recorded in Volume 323, Page 314, Deed Records of Lubbock County, Texas (the
"Land"); and
WHEREAS, Seller desires to sell to City, and City desires to buy from Seller, the Land
together with all and singular the permanent improvements attached thereto, and all other
property of Seller attached to the Land (herein "Improvements"), and all other rights and
appurtenances to the Land (collectively,the "Property").
ARTICLE I
SALE OF PROPERTY
For the consideration hereinafter set forth, and upon the terms; conditions and provisions
herein contained, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from
Seller, the Property.
ARTICLE II
PURCHASE PRICE AND EARNEST MONEY
2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the sum of
Fifteen Hundred and No/100 Dollars ($1,500.00) (the "Purchase Price").
ARTICLE III
TITLE AND SURVEY
3.01 Title Commitment. The parties hereto acknowledge that a Title Commitment for the
Property has been obtained and has been reviewed by the parties.
3.02 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a standard
Texas Owner Policy of Title Insurance ("Title Policy") to be furnished to Buyer. The Title
Policy shall be issued by Lubbock Abstract & Title Company, 1216 Texas Avenue, Lubbock,
Texas 79401 ("the Title Company") in the amount and on the terms and conditions as set forth in
the Title Commitment, subject only to the Permitted Exceptions; provided, however, in the
event Buyer obtains the survey and elects to have the survey exception amended, the survey
exception must be amended to read "shortages in area" only (although Schedule C of the Title
Commitment may condition amendment on the presentation of an acceptable survey and
payment, to be borne solely by Buyer, of any required additional premium).
ARTICLE IV
REPRESENTATIONS, WARRANTIES, COVENANTS AND
AGREEMENTS
4.41 Representations and Warranties of Seller. To induce Buyer to enter into this Contract
and consummate the sale and purchase of the Property in accordance with the terms and
provisions herewith, Seller represents and warrants to Buyer as of the Effective Date and as of
the Closing Date, except where specific reference is made to another date, that:
(a) There are no adverse or other parties in possession of the Property or any part
thereof, and no party has been granted any license, lease or other right related to
the use or possession of any of the Property, or any part thereof.
(b) The Seller has the frill right, power, and authority to sell and convey the Property
as provided in this Contract and to carry out Seller's obligations hereunder.
(c) The Seller has not received notice of, and has no other knowledge or information
of, any pending or threatened judicial or administrative action, or any action
pending or threatened by adjacent landowners or other persons against or
affecting the Property. This representation limited to the Effective Date.
(d) To the best of Seller's knowledge, the Seller has paid all real estate and personal
property taxes, assessments, excises, and levies that are presently due, if any,
which are against or are related to the Property, or will, except for the year of
Closing, be due as of the Closing, and the Property will be subject to no such
liens.
(e) Seller has not contracted or entered into any agreement with any real estate
broker, agent, finder, or any other party in connection with this transaction or
taken any action which would result in any real estate broker commissions or
finder's fee or other fees payable to any other party with respect to the
transactions contemplated in this Contract.
4.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as
follows:
(a) From the Effective Date until the date of Closing or earlier termination of this
Contract, Seller shall:
Contract of Sale—Edwards,et a]
Page 2 of 8
(i) Not enter into any written or oral contract, lease, easement or right
of way agreement, conveyance or any other agreement of any kind with
respect to, or affecting, the Property (herein "Nonpermitted Agreements")
that will not be fully performed on or before the Closing or would be
binding on Buyer or the Property after the date of Closing.
(ii) Advise the Buyer promptly of any litigation, arbitration, or
administrative hearing concerning or affecting the Property.
(iii) Not take, or omit to take,any action that would result in a violation
of the representations,warranties, covenants, and agreements of Seller.
(iv) Not sell, assign, lease or convey any right, title or interest
whatsoever in or to the Property, or create, or permit to exist, any lien,
encumbrance, or charge thereon, except as will be satisfied at Closing,
unless waived by Buyer, or for ad valorem taxes for the year of Closing.
(v) Maintain a fire and extended coverage insurance policy in the
standard promulgated form and with standard terms, which will include
but is not limited to losses from storms and fires, in the minimum amount
of the appraised value of the permanent improvements on the Land as
determined by the Lubbock Central Appraisal District for calendar year
2012.
(vi) Maintain the Property in its current condition and state of repair,
ordinary wear and tear excepted.
(b) To indemnify and hold Buyer harmless, to the extent permitted by law, from all
loss, liability, and expense, including, without limitation, reasonable attorneys'
fees, arising or incurred as a result of any liens or claims resulting from labor or
materials furnished to the Property under any written or oral contracts arising or
entered into prior to Closing.
4.03 Representations of Buyer. Buyer represents and warrants to Seller as of the Effective
Date and as of Closing:
(a) The Buyer has the full right, power and authority to purchase the Property as
provided in this Contract and to carry out Buyer's obligations hereunder.
(b) 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 or
taken any action which would result in any real estate broker commissions or
finder's fee or other fees payable to any other party with respect to the
transactions contemplated in this Contract.
4.04 Survival Beyond Closing. The representations, warranties, covenants and agreements of
Seller and Buyer contained in this Contract shall survive the Closing.
Contract of Sale—Edwards,et al
Page 3 of 8
ARTICLE V
CLOSING
5.01 Date and Place of Closing. The Closing shall take place in the offices of the Title
Company and shall be accomplished through an escrow to be established with the Title
Company, as escrowee. The Closing Date (herein sometimes called), shall be scheduled upon a
date mutually agreeable to the parties hereto but no less than ninety days from the Effective
Date.
5.02 Items to be Delivered at the Closing.
(a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or
the Title Company, at Buyer's sole cost and expense, the following items:
(i) The Title Policy provided, however, the Title Policy may be
delivered after Closing consistent with normal practice;
(ii) The General Warranty Deed, substantially in the form as attached
hereto as Exhibit "A", subject only to the Permitted Exceptions, if any,
duly executed by Seller and acknowledged;
(iii) Other items reasonably requested by the Title Company as
administrative requirements for consummating the Closing.
(b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company (any
payment to the Title Company to be placed in escrow for the benefit of and
payable to Seller as provided in the Contract) the following items:
(i) The sum required by Section 2.01, less the Earnest Money and
interest earned thereon (which will also be paid to Seller), in the form of
Personal, certified or cashier's check or other immediately available funds;
(ii) Other items reasonably requested by the Title Company as
administrative requirements for consummating the Closing.
5.03 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing.
5.04 Adjustment at Closing. Ad valorem taxes relating to the Property for the calendar year
in which Closing shall occur shall be prorated between Seller and Buyer as of the Closing Date.
If the actual ainount of taxes for the calendar year in which Closing shall occur is not known as
of the Closing Date, the proration for purposes of settlement at Closing shall be based on the
amount of taxes due and payable with respect to the calendar year immediately preceding the
calendar year of Closing. As soon as the amount of taxes levied against the Property for the
calendar year in which Closing shall occur is known, Seller and Buyer shall readjust in cash the
amount of taxes payable by Seller as per the prorated responsibilities set forth herein. This
provision shall survive the Closing. Notwithstanding any provision to the contrary, Buyer, as a
Contract of Sale—Edwards,et al
Page 4 of 8
home rule municipality, shall not pay for, or be responsible for, the payment of any taxes on
behalf of the Seller.
5.05 Costs of Closing. Buyer is responsible for paying fees, costs, expenses identified herein
as being the responsibility of Buyer or Seller. If the responsibility for such costs or expenses
associated with closing the transaction contemplated by this Contract are not identified herein,
such costs or expenses shall be borne by the Buyer and Buyer shall pay all fees, costs and
expenses of Seller, notwithstanding any provision to the contrary.
ARTICLE VI
DEFAULTS AND REMEDIES
6.01 Seller's Defaults and Buyer's Remedies.
(a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any
one or more of the following events:
(i) Any of Seller's warranties or representations contained in this
Contract are untrue on the Closing Date; or
(ii) Seller fails to meet, comply with or perform any covenant,
agreement, condition precedent or obligation on Seller's part required
within the time limits and in the manner required in this Contract.
(b) Buyer's remedies. If Seller is in default under this Contract, Buyer as Buyer's
sole and exclusive remedies for the default, may, at Buyer's sole option, do either
one of the following:
(i) Terminate this Contract by written notice delivered to Seller in
which event the Buyer shall be entitled to payment of the Earnest Money,
and Seller shall, promptly on written request from Buyer, execute and
deliver any documents necessary to cause the Title Company to return to
Buyer the Earnest Money; or
(ii) Enforce specific performance of this Contract against Seller,
requiring Seller to convey the Property to Buyer subject only to the
Permitted Exceptions.
6.02 Buyer's Default, Seller's Remedies.
(a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver
at Closing, the items specified in Section 5.02(b) of this Contract for any reason
other than a default by Seller under this Contract or termination of this Contract
pursuant to the terms hereof prior to Closing.
(b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole
and exclusive remedies for the default, may at Seller's sole option, do either one
of the following:
Contract of Sale—Edwards, et al
Page 5 of 8
(i) Terminate this Contract by written notice delivered to Buyer in
which event the Seller shall be entitled to a return of the Earnest Money,
and Buyer shall, promptly on written request from Seller, execute and
deliver any documents necessary to cause the Title Company to return to
Seller the Earnest Money; or
a. Enforce specific performance of this Contract against
Buyer, requiring Buyer to purchase the Property from Seller
subject to no liens, encumbrances, exceptions, and conditions other
than those shown on the Title Commitment.
ARTICLE VII
MISCELLANEOUS
7.01 Notice. All notices, demands, requests, and other communications required hereunder
shall be in writing, and shall be deemed to be delivered, upon the earlier to occur of(a) actual
receipt, and (b) two (2) calendar days following the deposit of, in a regularly maintained
receptacle for the United States Mail, registered or certified, return receipt requested, postage
prepaid, addressed as follows:
SELLER: BUYER:
Dornell Edwards City of Lubbock
157 Gazelle Glen G. Robertson, Mayor
San Antonio, Texas 78925 P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2312
Telecopy: (806) 775-2051
Copies to:
For Buyer:
Sam Medina
City Attorney
P. O. Box 2000
Lubbock, TX 79457
(806) 775-2221
Telecopy: (806) 775-3307
7.02 Governing Law and Venue. This Contract is being executed and delivered and is
intended to be performed in the State of Texas; the laws of Texas governing the validity,
construction, enforcement and interpretation of this Contract. This Contract is performable in,
and the exclusive venue for any action brought with respect hereto, shall lie in Lubbock County,
Texas.
Contract of Sale—Edwards,et al
Page 6 of 8
7.03 Entirety and Amendments. This Contract embodies the entire agreement between the
parties and supersedes all prior agreements and understandings, if any, related to the Property,
and may be amended or supplemented only in writing executed by the party against whom
enforcement is sought.
7.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and
Buyer, and their respective successors and assigns. If requested by Buyer, Seller agrees to
execute, acknowledge and record a memorandum of this Contract in the Real Property Records
of Lubbock County, Texas, imparting notice of this Contract to the public.
7.05 Risk of Loss. If any condemnation or any eminent domain proceedings are threatened or
initiated that might result in the taking of any portion of the Property, or if the Improvements to
the Property have been damaged by fire, storms or other acts covered by applicable fire and
extended coverage insurance, and all other conditions to Closing except as a result of such
condemnation or eminent domain proceeding (herein "Condemnation Proceeds") have been met,
Buyer shall consummate this Contract, in which case Buyer, with respect to the Property, shall
be entitled to receive any and all Condemnation Proceeds and insurance proceeds paid for or
with respect to damage to the Property, and Buyer shall have the right to compromise and settle
any such insurance claims.
7.06 Further Assurances. In addition to the acts and deeds recited in this Contract and
contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller and Buyer,
at no cost or expense, agree to perform, execute and/or deliver, or cause to be performed,
executed and/or delivered at the Closing or after the Closing, any further deeds, acts, and
assurances as are reasonably necessary to consummate the transactions contemplated hereby.
7.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time is of
the essence with respect to this Contract.
7.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are
incorporated in and made a part of, this Contract for all purposes.
7.09 Delegation of Authority. Authority to take any actions that are to be, or may be, taken
by Buyer under this Contract are hereby delegated by Buyer to City Manager, Lee Ann
Dumbauld, or her designee.
7.10 Non-Arbitration. The Buyer reserves the right to exercise any right or remedy available
to it by law, contract, equity, or otherwise, including without limitation,the right to seek any and
all forms of relief in a court of competent jurisdiction. Further, the Buyer shall not be subject to
any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The
remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently.
To the extent of any conflict between this provision and another provision in, or related to, this
document, this provision shall control.
Executed by Seller on the day of 20
Contract of Sale—Edwards,et al
Page 7 of 8
S -R: -�
N ie . Edikiards
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Mary SuCauley
Mart a King}}
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W- Dornell Edwards
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y Expires
March 31, 2014
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Executed by Buyer on the day of 20 .
BUYER:
CITY OF LU CK, AS
GLEN E SON, MAYOR
ATTEST:
Reb ca Garza, City Secre ary
APPROVED AS TO CONTENT:
�, /� J
R. Keith Smith, P.E. Chief Operating Officer
'&i Qo
Dave Booher
Right--of-Way Agent
APPR V AS O FORM:
Chad Weaver
Assistant City Attorney
Contract of Sale—Edwards, et al
Page 8 of 8
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California ,
County of :5010 a
On 3'-� S t9(913 before me, y{L G' {'� �. d¢ I VCS C� r,/ Pc� b t /f c,
(Here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to_be the person(s) whose name(s sl bscribed to
the within instrument and ac ledged to me that e executed the same int er authorized
capaclty(les), and that by er signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
A. AGUAN Er- 47
W S [y,*d and official seal. o COMM. #1919529 z
0 319 - Notary public-California o
Z Solano County
My Comm.Expires Jan.27,2015
(Notary Seal)
Signature of Notary Public
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
'� properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances,any alternative
S (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the ,
verbiage does not require the notary to do something that is illegal Jbr a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued) / document carefulh,for proper notarial wording and attach this form if required.
Number of Pages 9 Document Date 6 • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
cotmnission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
Individual(s) he/sheldre-y-is/afe)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible-
Impression must not cover text or lines.If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
El Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary),
• Securely attach this document to the signed document
2008 Version CAPA vI2.10.07 800-873-9865 www.Notarylasses.com
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.
GENERAL WARRANTY DEED
DATE:
GRANTOR: Nettie J. Edwards; Mary Sue Cauley; Martha King;
Dornell Edwards; Carolyn Cade;
CIO Dornell Edwards
157 Gazelle
San Antonio,Texas 78925
GRANTOR'S MAILING ADDRESS:
Dornell Edwards
157 Gazelle
San Antonio,Texas 78925
GRANTEE: City of Lubbock,Texas,a municipal corporation
GRANTEE'S MAILING ADDRESS:
P.O. Box 2000
Lubbock, Lubbock County,Texas 79457
CONSIDERATION:
TEN AND NO/100 DOLLARS (S 10.00)and other good and valuable consideration.
PROPERTY(including any improvements):
Lots One(1),Two(2)and Three(3),Block Thirteen(13), PHYLLIS-WHEATLEY
SUBDIVISION,an Addition to the City of Lubbock, Lubbock County,Texas, according to the Map, Plat,
and/or Dedication Deed thereof, recorded in Volume 323, Page 314,Deed Records of Lubbock County,
Texas
RESERVATIONS FROM CONVEYANCE:
Any and all mineral interests in connection with the Property
EXCEPTIONS TO CONVEYANCE AND WARRANTY:
None
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with
all and singular the rights and appurtenances thereto in any way belonging,to have and to hold it to Grantee
and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and
E IBIT
General Warranty Deed-Edwards,et a]
Pb 1
successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs,
successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any
part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and
Warranty.
When the context requires,singular nouns and pronouns include the plural.
4
N it
J. dwa els
Mary Sue Cauley
r
Martha King
'� a ornell Edwards
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ACKNOWLEDGMENTS
STATE OF j §
COUNTY OF L atAo c ,(- §
This instrument was acknowledged before me on this day of �'1 2 31 by
NETT FDWRIS )
C 1 l
oto"� '`9�c•, ELVIRA BETA(ARA
(VOTARY PUBLIC
J STATE OF TEXAS
4 V COMM.EXP 08+1612014 Notary ub is State of Texas/
V n/ T
My co mission expires: ;';i ( j
STATE OF f §
COUNTY OF 3r;?-o., §
This instrument was acknowledged before me on this day of PLC'-cc -) ,2013, by MARY
SUE CAULEY.
r ,
- A �t
!a ' •<<� KATIAYNICHOLS
Notary Pub1iC,state of Texas Notary Public, State of Texas
N•iyCommissionExpireS My commission expires: (rZ2w
FEBRUARY 20
2014
General Warranty Deed-Edwards,et al
Pg 2
i
i
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of S6 Vt
On 3 oLs ��3 before me,
(Herein it name and title of the off er)
t
personally appeared ��rA! ,
I
who proved to me on the basis of satisfactory evidence tri_ the person(s) whose name( s bscribed to
the within instrument and ac edged to me that s executed the same i �erauthorized
capacity(ies), and that b er signature(s) on t e instrument the person(s), or the en behalf of
which the person(s) acted, e uted the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
i
LAGUMTI.l
WI and official seal, a COMM. #1919529 z
Z Notary Public.California
Soiano County °
1N Comm,Expires Jan,27,2015'
Signature of Notary Public (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notaty section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
C14 `cls ���to � document is to be recorded outside of California. In such instances, any alternative
(Title or description of ched document)- acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notart�in
�� Calrfarnia (i.e. certifying the authorized capacity of the signet). Please check the
(Title or description of attached document continued) J document carefullvfor proper notarial wording and attach this form if required.
Number of Pages 3 Document Date 3� i State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Elate of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a conuna and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
Individual (s) he/she/* is/ere)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
13 Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
2008 Version CAPA vl2.10.07 800-873-9865 www.Nota6c-lasses.com
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on this day of 2013, by
MARTHA KING.
Notary Public, State of Texas
My commission expires:
STATE OF
COUNTY OF §
This instrument was acknowledged before me on this%J�_ day of 2013, by
DORN L
LETICIA PENA
My Commission Expires
April 12, 2013 �•(� /r( J
N to `11ubli trate of Texas,
My commission expires:
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on this day of 2013, by
CAROLYN CADE.
tsar"a'per FERNANDO GONZALEZ
Notary Public,State of Texas
My Commission Expires
March 31,2014
_ t Public tpi xa
M c missi expir /C,G
General Warranty Deed-Edwards, et al
Pg 3
Proposed Purchase of Lots 1, 2, & 3, Block 13, Phyllis Wheatley Addition
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As required by SECTION 1-Chapter 2051,SUBCHAPTER D.GEOSPATIAL DATA PRODUCTS of the Government Code,the City of Lubbock hereby provides notice that the data on this map
was created by the City of Lubbock- Any data that appears to represent property boundaries is for informational purposes and may not have been prepared for or be suitable for Legal,engineering,
or surveying purposes- It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries,
LUBBOCK ABSTRACT III III III III IIIIIII II I IIIII III ill DEED 7013036139
5 PGS
T Retina n�`towvC tyTvo Lubbock-Attx•:- .-Dave--Booherl-=P:O Box 2000,-Lubbock;texas
GF400-5047
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.
GENERAL WARRANTY DEED
DATE: 3 f3
GRANTOR: Nettie J.Edwards;Mary Sue Cauley;Martha King;
Dornell Edwards; Carolyn Cade;
CIO Dornell Edwards
157 Gazelle _
San Antonio,Texas 78925
GRANTOR'S MAILING ADDRESS:
Dornell Edwards C
157 Gazelle J
San Antonio,Texas 78925
GRANTEE: City of Lubbock,Texas, a municipal corpoi
GRANTEE'S MAILING ADDRESS:
P.O. Box 2000
Lubbock, Lubbock County,Texas 79457
CONSIDERATION:
TEN AND N0/100 DOLLARS ($10.00)and
PROPERTY(including any improvements):
Lots One(1),Two (2)and Three(3),Block Thirteen(13),PHYLLIS-WHEATLEY
SUBDIVISION, an Addition to the City of Lubbock,Lubbock County, Texas, according to the Map, Plat,
and/or Dedication Deed thereof,recorded in Volume 323,Page 314,Deed Records of Lubbock County,
Texas
RESERVATIONS FROM CONVEYANCE:
Any and all mineral interests in connection with the Property
EXCEPTIONS TO CONVEYANCE AND WARRANTY:
None
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with
all and singular the rights and appurtenances thereto in any way belonging,to have and to hold it to Grantee
and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and
General Warranty Deed-Edwards, et al
Pg 1
successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs,
successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any
part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and
Warranty.
When the context requires, singular nouns and pronouns include the plural.
1
•e J. Ed arras
Marys ue Cauley
c
iwr..-
Martha King
Dornell Edwards
NZAL
Nota, xas
IV! Compiss-ion Expires Carolyn Cage
March 37, 2014
ACKNOWLEDGMENTS
STATE OF e.l 3 §
COUNTY OF !j OC.��.
This instrument was acknowledged before me on this _ day of 2013, by
NE'I
�C•1�nY PU�{C EHVIRA BETA IARA
NOTARY PUBLIC ( /'
i STATE OF TEXAS
!,9Y C,ONINI.EXP 0811612014
Notaiy Public, State of Texas
_. My c mmission expires: 0.0
STATE OF 1Q{'�Cc`j §
COUNTY OF §
This instrument was acknowledged before me on this j day of marc ,2013, by MARY
SUE CAULEY.
/ r '
piPflY•P�B4\ KATHYNICHOLS VIA
Notary Public,State of Texas Notary Publ c, State of Texas
My Commission Expires My commission expires: p•)--J? -2? i�f
'+reoFt�! FEDRUARY 20,2014
General Warranty Deed-Edwards,et al
Pg 2
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of —!20 Vt Q
On [3 before me, P1 C--f
(Here insert name i1nd title of the officer)
personally appeared I d✓ t Q V`tkL c2 -e? Kitq
who proved to me on the basis of satisfactory evidence 19A the person(s) whose name(s subscribed to
the within instrument and ac wledged to me th s e/ executed the same i e authorized
capacity(ies), and that b er signature(s) on t e instrument the person(s), or the n ity upon behalf of
which the person(s) acted, e cuted the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
LAGUAN E. LEA
MM. #1919529 a
WI ra n�offjc�ialsea�l. . MLry Aublic California
Solano Countym.Ex fires Jan,27,2015+
(Notary Seal)
Signature of Notary Public
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
erl � –� properly completed and attached to that document. The oan exception is if
�-- document is to be recorded outside of California. In such instm�ces, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
(Title or description of a hed document)7 verbiage does not require the notary to do something that is illegal far a notary in
C, California (i.e. certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued) document carefullvfor proper nolarial wording and attach this form,'required.
Number of Pages Document Date —,��J • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
Individual(s) he/she/*ei,-is/are)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
sufficient area permits,otherwise complete a different acknowledgment I
(Title) pe p gment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
11 Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
2008 Version CAPA v 12.10.07 800-873-9865 www.Notary 'lasses.com
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on this day of 2013, by
MARTHA KING.
Notary Public, State of Texas
My commission expires:
STATE OF ���{`.(�S §
COUNTY OF CL §
i
This instrument was acknowledged before me on this _ day of 2013, by
DOR E L WQ�I2DS;= :
`ptnav r.,P.
LETICIA PENA
My Commission Expires
April 12, 2013 l
N�t-ary ublic, to of Texas I ( !
My commission expires: 1�f 2Uf3
STATE OF � §
COUNTY OF §
This instrument was acknowledged before me on this r r day of 2013, by
CAROLYN CADE.
�?4RYr�a, FERNANDO GONZAL
Notary Public,Mate of ex
N"i�a1.he My Commission Ex res , a PTe
March 37, 201 comm' Sion pries:
d
General Warranty Deed-Edwards,et al
Pg 3
FILED Alla RECORDED
'�. OFFICIAL PUBLIC RECORDS
Kelly Pinion, County Clerk
Lubbock County TEXAS
September 03, 2013 03:21:58 PM
FEE: $28.00 2013036139