HomeMy WebLinkAboutResolution - 2009-R0314 - Correction Deed Without Warranty - Lubbock Regional Mental Health Center - 08/13/2009Resolution No. 2009-80314
August 13, 2009
Item No. 5.18
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Correction Deed Without
Warranty by and between the City of Lubbock and the Lubbock Regional Mental Health
and Mental Retardation Center, an agency of the State of Texas, Said Correction Deed
Without Warranty 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 13th day of August 2009.
ATTEST:
Rebecc Garza, City Secretary
APPROVED AS TO CONTENT:
Manager
APPROVED AS TO FORM:
Correction Deed Without Warr,res
July 29, 2009
I
TOM MARTIN, MAYOR
File and Return to
Dave Booker R.O.W. Resolution No. 2409-R0314
City of Lubbock
CORRECTION DEED WITHOUT WARRANTY
DATE: August , 13 , 2009
GRANTOR: City of Lubbock, Texas
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GRANTOR'S MAILING ADDRESS:
P.O. Box 2000
Lubbock, TX 79457
GRANTEE: Lubbock Regional Mental Health and Mental Retardation Center
GRANTEE'S MAILING ADDRESS:
P. O. Box 2828
Lubbock, Texas 79407-2828
CORRECTION:
This deed is made as a correction deed in substitution of the deed titled "DEED
WITHOUT WARRANTY" ("Corrected Deed") dated February 19, 2004 and recorded in
Volume 9981, Page 35 of the Real Property Records of Lubbock County, Texas, to
correct the following: to correct that as a part of the consideration for the transfer of the
Property, proceeds from future sales of the Property by Grantee would be utilized for a
public purpose, and delete any reversion rights Grantor may have in the Property. Other
than the stated correction, this deed is intended to restate in all respects the Corrected
Deed, and the effective date of this correction deed relates back to the effective date of
the Corrected Deed.
Deed Without Warranty Page 1 of6
CONSIDERATION:
This conveyance is made and accepted pursuant to Section 534.018 and Section
534.019 of the Texas Health and Safety Code and Article 9, Section 13 of the Texas
Constitution. The property conveyed herein shall fulfill the public purpose of providing
health and/or human services.
As further consideration, Grantee agrees that any proceeds from the future sale of
the Property shall be utilized for a public purpose; this portion of the consideration shall
be a mutual agreement between the parties and shall in no way be deemed a covenant that
is attached to the Property and shall not be binding on future owners of the Property.
PROPERTY (INCLUDING ANY IMPROVEMENTS):
16th and Avenue O, Lubbock, Texas 79427
Legal Description: Lot 1-7 (inclusive) and the North One -Half (1/2) of Lot 8, all
in Block 191 of the Original Town of Lubbock County, Texas.
REPRESENTATIONS AND WARRANTIES OF GRANTEE:
Grantee warrants and represents that it is a non-profit organization.
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.
Deed Without Warranty Paget of
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.
Deed Without warranty Page of6
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 13th DAY OF August , 2009.
:: � 6
CITY OF LUBBOCK
Deed Without Warranty Page of
TOM MARTIN, MAYOR
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
Thomas Ada s, Deputy City Manager
APPROVED AS TO FORM:
Amy L. s
Assist City Attorney
STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas,
on this day personally appeared TOM MARTIN, known to me to be the person whose name is
subscribed to the foregoing instrument and who acknowledged to me that he executed the same in
the capacity therin stated and for the purpose and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this �3 day of
2049.
>>
ELISA SANCHEEZ
' 4 Notary Public, State of Texas
My Cornmssron Expires 11.07-2011
Notary Public in and for Lu6bdck County, Texas
My Commission expires: J) - 4-T"%1 l
Deed Without Warranty Pages of
GRANTEE:
LUBBOCK REGIONAL MENTAL
HEALTH AND ENTAL
RETARD TI C TER
By:
Name: PG
Title: i iimC VC Aw
STATE OF TEXAS
COUNTY OF LUBBOCK § 0
Y�
This instrument was acknowledged before me on , &, 2009, by
, CE= 0 on behalf of LU BB CK REGIONAL
I We.ME TAC HEALTH AND MENTAL RETARDATION NTER, an agency of the
State of Texas.
of Public, S ate of Texas
aKAREN S:ART
Novy Ric, of Tabs
Carrsion ww
7.11�2Qt2
My commission expires 7/40112-
FILED
/Z
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
010: c
Kelly Pinion, County Clerk
Lubbock County TEXAS
August 17, 2009 03:12:27 PM
FEE: $36.00 2009029732
Deed Without WaiTanty Page 6 of 6