HomeMy WebLinkAboutResolution - 2021-R0002 - Deed Without Warranty, Sale of Property at 1613 Vassar StreetResolution No. 2021-R0002
Item No. 7.6
January 12, 2021
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 for the sale of real property
located in Lot 4, Block 8, City View Addition to the City of Lubbock, Lubbock County,
Texas, by and between the City of Lubbock and Tar Heel Holdings LLC, of Lubbock, Texas,
and related documents. Said 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 City
Council.
Passed by the City Council on
ATTEST:
ebe a Garza, City SeLtary
APPROVED AS TO CONTENT:
January 12, 2021
"""v
DANIEL M. POPE, MAYOR
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
R4nook ,Assistant City Attorney
RES. Deed Without Warranty to Tar Heel I loldings LLC
11.30,20
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Resolution No. 2021-R0002 2021eazass 10 RGS DEED
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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: January 12 , 2021
Grantor: City of Lubbock, Texas
Grantor's Mailing Address:
P.O. Box 2000
Lubbock, Lubbock County, Texas 79457
Grantee: Tar Heel Holdings, LLC
Grantee's Mailing Address:
8418 Wayne Avenue
Lubbock, Lubbock County, Texas 79424
Consideration:
Ten and No/100 Dollars ($10.00) and other good and valuable consideration.
Property (including any improvements):
The property commonly described as Lubbock County Central Appraisal District
property R326485, and being legally described as all that certain strip of land off the
north side of the south '/Z of Lot 4, Block 8, City View Addition to the City of
Lubbock, Lubbock County, Texas, according to the Map, Plat and/or Dedication
Deed thereof recorded in Volume 681, Page 591 of the Deed Records of Lubbock
County, "Texas; and being further described 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.
Deed Without Warranty — COL to Tar Heel Holdings LLC Page 1 of 7
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, 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
Deed Without Warranty — COL to Tar Heel Holdings LLC Page 2 of 7
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.
Additionally, for and in consideration of the covenants made herein, GRANTEE,
ITS/HIS/HERS SUCCESSORS AND ASSIGNS (COLLECTIVELY,
"GRANTEE") SHALL INDEMNIFY AND HOLD HARMLESS, AND
HEREBY RELEASES, GRANTOR, AND ITS RESPECTIVE OFFICERS,
EMPLOYEES, ELECTED AND APPOINTED OFFICIALS, AGENTS,
SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL
ENVIRONMENTAL CLAIMS AND ENVIRONMENTAL CLEANUP
LIABILITY, AS DEFINED BELOW, WHICH ARISE DIRECTLY OR
INDIRECTLY FROM OR ARE RELATED TO THE PRIOR OR PRESENT
USE, OPERATION, MAINTENANCE, OCCUPATION, OWNERSHIP OF
THE PROPERTY AND/OR THE PRESENCE OF CHEMICAL SUBSTANCES
IN, ON OR UNDER THE PROPERTY, INCLUDING WITHOUT
LIMITATION, ENVIRONMENTAL CLAIMS OR ENVIRONMENTAL
CLEANUP LIABILITY CAUSED, OR CONTRIBUTED TO, IN WHOLE OR
1N PART, BY THE NEGLIGENCE OF ANY KIND, TYPE OR DEGREE, OR
FAULT, OR STRICT LIABILITY, OF GRANTOR, ITS RESPECTIVE
OFFICERS, EMPLOYEES, ELECTED AND APPOINTED OFFICIALS,
AGENTS, SUCCESSORS AND/OR ASSIGNS.
Grantee, further covenants and agrees to defend any suits or administrative
proceedings brought against Grantor, and its respective officers, elected and
appointed officials, employees, agents, successors and assigns, on account of any
such Environmental Claims or Environmental Cleanup Liability and to pay or
discharge the full amount or obligation of such Environmental Claims or
Environmental Cleanup Liability incurred by, accruing to or imposed on Grantor
and/or its respective officers, elected and appointed officials, employees, agents,
successors and assigns, as applicable, resulting from any such suit or suits, including
without limitation, claims for contribution, or administrative proceedings, or any
amounts resulting from the settlement or resolution of such suit or suits. In addition,
Grantee shall pay to Grantor, and/or its respective officers, elected and appointed
officials, employees, agents, successors and assigns, as applicable, reasonable
attorneys' fees incurred by Grantor, and/or its respective officers, elected and
appointed officials, employees, agents, successors and assigns, as applicable, in
enforcing Grantee's indemnity and release as set forth herein.
Deed Without Warranty — COL to Tar Heel Holdings LLC Page 3 of 7
As used herein:
(a) "Arises." An Environmental Claim or Environmental Cleanup Liability
shall be deemed to Arise upon (i) the presence of Chemical Substances in or
on the land surface, subsurface strata, ambient air, surface water or
groundwater in, under, on or above the Property; (ii) a claim, notice of
violation or allegation being made, in any form, against the Grantor, its
officers, elected and appointed officials, employees, agents, successors and
assigns, of any kind or type, and by any party or entity, related to the existence
or presence of Chemical Substances in the land surface or subsurface strata,
surface water, groundwater or ambient air in, on, under or above the Property;
and (iii) upon each discrete, operationally -related Release of a Chemical
Substance.
(b) "Chemical Substances" shall mean any chemical substance, including, but
not limited to, any sort of pollutants, contaminants, chemicals, pesticides,
herbicides, fertilizers, including nitrates and other nitrogen related substances,
raw materials, intermediates, products, industrial, solid, toxic or hazardous
substances, materials, wastes, asbestos, asbestos -containing materials,
polychlorinated biphenyls, or petroleum products, including crude oil or any
derived product or component thereof, including, without limitation, gasoline
and any material or substance of any kind containing any derivative,
constituent or component of any of the above.
(c) "Environmental Claim" shall mean any claim, demand, action, suit or
proceeding of any kind for the injury, disease or death of any person, property
damage, damage to the environment, or damage to natural resources made,
arising or alleged to arise under, or relating to, any Environmental Law.
Environmental Claim includes any damages, settlement amounts, fines and
penalties assessed or costs of complying with any orders or decrees of courts,
administrative bodies or tribunals or other governmental entities associated
with resolving such claims, demands, actions, suits or proceedings and any
costs, expenses and fees, including, without limitation, reasonable attorney's
fees incurred in the investigation, defense and resolution of such claims,
demands, actions, suits and proceedings.
(d) "Environmental Cleanup Liability" shall mean any cost or expense of any
nature, including contribution claims, whatsoever incurred to investigate,
contain, remove, remedy, respond to, clean up, or abate any Release of
Chemical Substances or other contamination or pollution or the presence of
Chemical Substances or other contamination or pollution of the ambient air,
surface water, groundwater, land surface or subsurface strata related to the
operation, use, maintenance, abandonment or ownership of the Property,
whether such Release, Chemical Substances, contamination or pollution is
located on, within, under or above the Property or is located on, within, under
or above any other adjacent or nearby lands, or other contamination or
pollution or the presence of Chemical Substances, or other pollution or
Deed Without Warranty — COL to Tar Heel Holdings LLC Page 4 of 7
contamination on, within, under or above the Property or other adjacent or
nearby lands, or resulting from the manufacture, generation, formulation,
processing, labeling, distribution, introduction into environment or commerce,
or on site or off site use, treatment, handling, storage, disposal, or
transportation of any Chemical Substance. Environmental Cleanup Liability
includes, without limitation, any judgments, damages, contribution,
settlements, costs or expenses (including, without limitation, attorneys',
consultants and experts' fees and expenses) incurred with respect to (i) any
investigation, study, assessment, legal representation, cost recovery by a
governmental agency or third party, or monitoring or testing in connection
therewith, (ii) the Property, as a result of actions or measures necessary to
implement or effectuate any such containment, removal, remediation,
response, cleanup or abatement, and (iii) the resolution of such liabilities.
(e) "Environmental Law" means any federal, state or local statute, rule,
regulation, permit, ordinance or other legal requirement relating to or
regulating pollution, Chemical Substances, worker, employee and
occupational safety and health, protection or cleanup of the environment or
damage to or remediation of damage to real property and natural resources
(including, but not limited to, ambient air, surface water, groundwater, and
land surface or subsurface strata) including, without limitation, legal
requirements contained in the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. § 9601 et seq., as amended
(CERCLA); the Resource Conservation and Recovery Act, 42 U.S.C. § 6901,
et seq., as amended (RCRA); the Superfund Amendments and Reauthorization
Act of' 1986, Pub. L. 99-499, as amended (SARA); the Clean Air Act, 42
U.S.C. § 7401, et seq., as amended; the Federal Water Pollution Control Act,
33 U.S.C. § 1251, et seq., as amended; the National Environmental Policy
Act, 42 U.S.C. § 4321, et seq., as amended (NEPA); and the Safe Drinking
Water Act, 42 U.S.C. § 300f, et seq., as amended; and/or any other federal,
state or local law, statute, ordinance, rule, regulation or order (including
decisions of any court or administrative body) relating to pollution, Chemical
Substances, worker, employee and occupational safety and health, protection
or cleanup of the environment as described above. Environmental Law shall
also include and mean the Toxic Substance Control Act, 15 U.S.C. § 2601, et
seq., as amended (TOSCA), and/or any other federal, state (including, without
limitation, laws [common law, statutory or otherwise] with respect to trespass,
nuisance and other torts or similar legal theories which may be applied to
establish liability or responsibility for Environmental Cleanup or
Environmental Claims) or local or state laws, statutes, ordinances, rules,
regulations or orders (including decisions of any court or administrative body)
relating to (i) release, containment, removal, remediation, response, cleanup or
abatement of any sort of Chemical Substance, (ii) the manufacture,
generation, formulation, processing, labeling, distribution, introduction into
environment or commerce, use, treatment, handling, storage, disposal or
transportation of any Chemical Substance, (iii) exposure of persons to any
Deed Without Warranty — COL to Tar Heel Holdings LLC Page 5 of 7
Chemical Substance and other occupational safety or health matters, or (iv)
the environmental hazards relating to the physical structure or condition of the
Property, including, without limitation, those relating to the management, use,
storage, disposal, cleanup or removal of any Chemical Substance.
(f) "Release" shall mean any spilling, leaking, pumping, pouring, emitting,
spraying, emptying, discharging, escaping, leaching, dumping or disposing, in
any way, manner or form, active, passive or otherwise, of any Chemical
Substance into the environment (including, but not limited to, the ambient air,
surface water, groundwater and/or land surface or subsurface strata) of any
kind whatsoever (including also the abandonment or temporary abandonment
or discarding of barrels, containers, tanks or other receptacles containing or
previously containing any Chemical Substance).
GRANTOR, FOR THE CONSIDERATION AND SUBJECT TO THE
RESERVATIONS FROM CONVEYANCE AND EXCEPTIONS TO
CONVEYANCE, 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 SUCCESSORS AND
ASSIGNS FOREVER, WITHOUT WARRANTY, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE. 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 12th DAY OF January 2021.
GRANTOR:
CITY OF LUBBOCK
DANIEL M. POPE, MAYOR
GRANTEE:
TAR HEEL HOLDINGS LLC
SIGNATURE I
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.,AMI[
{N -W-6 Wl wyg,
TITLE
Deed Without Warranty - COL to Tar Heel Holdings LLC Page 6 of 7
APPROVED AS TO CONTENT:
Michael Keenum, P.F.. Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
R a>] Brooke, Assistant City Attorney
STATE OF TEXAS
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on this (rday of
2021 by Daniel M. Pope, Mayor of the City of Lubbock.
° ° 4 JIMMY D. MAYNARD
Notary ble. State of Texas
Notary IDk 13229477.4
My iss Expires 12.27-2023
f Al
N P lic, =ate of Texas
My commission expires: ?-27• ZDZ,5
Deed Without Warranty — COL to Tar Heel Holdings LLC Page 7 of 7
TIM"STAT
aov±+rt:f%rr ' LuauOCIC
f' vow AL
r,_ t att110ty and w1f0, Oaorglaa ,? 1
of the 00"I i t3 Lubbock "
j8ta4at Te.us
the gum to ONE HUNDATD . . for apd 1a omme Wtlon of
AND NO/100 ($too. 00)--- _____________ '
to ua tnhacdpaldb -............. --------
•--�------------=
rho City Of Luhbock, a Flutno ------- naLLett& Ralc Municipal Corporation
hevn Granted, gold and Corroyed, and by t.*,eye pr¢irr.:a do Gen-•'c
City of Lubbock '
..,ell and C O—cy onto rho oam
of the Cougty cf Lubbock
,trip of land off the State of Te:ao
north o:de of the oou:h 1/2 of Lct 9, • ali that cr in
Addition to the City of ! ➢lork U, City View
as follov.•a; } Lu rSock, 111011 fully dooeribed by metes and boaad¢
9ECINNING at a point in the o•q Addition, laid point wear line of ¢aid L.ut 4, ➢lock B, City
ff ,aid Lot •f; being 83. 1 feet north of the aouthweat earn.,
THENCE north i. 9 fee: to a poi:::;
TfiE:JCE cant 1W.0 feet to a Duint in the "a' line of natd Lot 4, Block 8;
THENCE nouth i8. 1 feet to a oaint;
THENCE N UI° :8' iY 101.0 .ec: to Vic point of baginang.
TO HAVE AND TO HOLD Iha above drsviScd pn:ruCa, taC.0-cLr wit!I all nrd singular, tea Y.Shla
awl npp:w1c:janc0a Iherr;o In ¢,p,!,, hr:ecf;:on un:0 1Fn ea!d City of LubSuck, itu
l'a JJ N)
twim mid nrmfn":a farever; and •sc do hcrehy b:;:d our ncl:eo, onr
hcin!, mccutc:a and naminbtr¢lcre, to SYar, a::: and Femver Dc!Cet! u!1 a2d nirAalu tho nP.fd premi ea
•aau tho rnfd City of Ltlhhuck, Ite
nucccaoor¢
ham nrd naaigrs, ocah:st every pencn wSr:r.;cncvar ia:rl'cliy c:nimirt . or te, claim the ranee or dny Inrt
1!IL I eaf.
Witrenn our hands
Oda : fith day of
Witrcuaj at llcpucat cf Gron!or:
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion County Clerk
Lubbock County TEXAS
01/15/2021 10:67 AM
FEE: $58.00
2021002409
N
N LOOP 289
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a
Proposed Sale of -900 Sq. Ft. of City Property (V681 P591) Located
Adjacent to the Right-of-way of N. Loop 289 in the Southern
Part of Lot 4, Block 8, City View Addition
City Property (V681 P591)
Proposed for Sale
—900 Sq. A.
Feet
0 50 100 200 300 400
aW As mynoth mbeerTrep redta Oelesu lyafortsg ereGeveang.aCore, ng urp elnfmiMvnreGmW entan s rub&6k
.4nay rot have been d epner la m Ge i, app brleg, engineering. mwirepip peipmm. n does iwl represent en
m.itegieursl survey and represents aNy Ure epvrenmte releEva lomtivnal pmperty CaMaiws. 1ef