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Home My WebLink AboutResolution - 2006-R0499 - Deed Without Warranty- Semmaterials L.P. - 4.57 Acres - 10/13/2006Resolution No, 2006-RO499 October 13, 2006 Item No. 510 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a resolution authorizing and directing the Mayor to execute a deed without warranty conveying all right, title and interest of the City of Lubbock in 4.57 acres, described as 1619 Marshall Street, Lot 2, Tract 3, Marnels Industrial Addition, City of Lubbock, Lubbock County, Texas to SemMaterials, L.P. Said deed without warranty is attached hereto and incorporated in the 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 October , 2006. r, DAVID •MAYOR ATTEST: Garza, City APPROVED AS TO CONTENT: Yap Lee umbauld, City Manager APPROVED AS TO FORM: gs/Resolution/Deed without warranty.res September 21, 2006 Resolution No. 2006-RO499 October 13, 2006 Item No. 5.10 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 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This Deed Without Warranty, dated this 13th day of October , 2006, is by and between the City of Lubbock, Texas, a Texas home -rule municipal corporation ("Grantor"), whose address is P. O. Box 2000, Lubbock, Texas 79457 and SemMaterials, LP, ("Grantee"), whose address is: 6120 S. Yale Ave., Ste. 700, Tulsa, OK. 74136. WHEREAS, Grantor is the owner of certain lands, being described on Exhibit "A" attached hereto ("Lands"), located in a historically underutilized section of the City of Lubbock, Texas; WHEREAS, the Lands are located in a reinvestment zone designated as provided by law and that Grantor desires to have developed under a project plan adopted by the Grantor for the reinvestment zone; WHEREAS, Grantor finds that development in the historically underutilized section of the City of Lubbock, Texas would promote local economic development and stimulate business and commercial activity within the City of Lubbock, Texas; WHEREAS, Grantor further finds that the development of the historically underutilized section of the City of Lubbock accomplishes the public purposes of development and diversification of the economy, would promote, assist and enhance Deed Without Warranty Page 1 of 7 economic development and would aid in eliminating unemployment and underemployment within the City of Lubbock, Texas; WHEREAS, Grantor further finds that Grantee, through its contemplated use of the Lands, will accomplish all of such public purposes described above; WHEREAS, for the benefits of the economic development enhancement activities and purposes described herein, Grantor now desires to convey the Lands, as set forth below, to Grantee. NOW, THEREFORE, the CITY OF LUBBOCK, TEXAS, a Texas home -rule municipal corporation, for and in consideration of the sum of Thirty Nine Thousand Eight Hundred Thirteen and 841100 ($34,813.$4), and other good and valuable consideration to Grantor, including without limitation, the benefits to Grantor as set forth above, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD, and CONVEYED, and by these presents does hereby GRANT, SELL, and CONVEY without warranty of any kind or type, unto SemMaterials, LP, all of the real property located in Lubbock County, Texas, described on Exhibit "A" attached hereto, together with all fixtures and improvements attached thereto ("Property"). 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 Page 2 of 7 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 3 of 7 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. To have and to hold the Property 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 October , 2006. GRANTOR: CITY OF LUBBOCK DAVID A. ILLER, MAYOR Deed Without Warranty Page 4 of 7 ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: LeVAnxt D,,irrbauld, City Manager APPROVED AS TO FORM: r M. Kni , AssfsvityAftomey State of Texas County of Lubbock § This instrument was acknowledged before me on this 13 4�hday of 0, 2006, by David A. Miller as Mayor of the City of Lubbock. t yr p CELLA WEBB ` * Notary Public, Stale of Texas 9ar .e+'* My Commission Ex*s 03-01-2040 Deed Without Warranty Noublic, Sa tate of Texas My commission expires: 03 - 01- 2,01p GRANTEE: SEMMATE ALS, By: Name: Frame P Pante®r Title: President Page 5 of 7 OKLAHOMA State of 761 County of 90IM& § TULSA This instrument was acknowledged before me on this 2nd day of October , 2006, by Frank R. Panzer as President for SemMater a-1 s, L.H. Notary Public, State of'KXXU Oki ahom Notary Public My commission expires; State of Oklahoma TERESA L. BLACK TULSA COUNTY COMMISSION #0300mol 600mrn, . 05- 1 2-2OQ7 Deed Without Warranty Page 6 of 7 EXHIBIT A 1619 Marshall Street: Lot 2, Tract 3, Marvels Industrial Addition, 4.57 acres, City of Lubbock, Lubbock County, Texas. Deed Without Warranty Page 7 of 7