Ordinance No. 16,239 ORDINANCE NO. 16,239
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO DECLARING CERTAIN
PROPERTY AS SURPLUS AND AUTHORIZING THE SALE OF
APPROXIMATELY 3.18 ACRES OF LAND LEGALLY DESCRIBED AS LOTS
4 AND 5, BLOCK 54, OF LAKEWOOD SUBDIVISION, SECTION F,
BAYTOWN, HARRIS COUNTY, TEXAS TO ADAM MARTINEZ; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, the City of Baytown, Texas owns approximately 3.18 acres of land located at
168 N. Burnett Drive, legally described as Lots 4 and 5, Block 54, of Lakewood Subdivision,
Section F, Baytown, Harris County, Texas; and
WHEREAS, the Property is no longer needed for municipal purposes and hereby declared
surplus to the needs of the City; and
WHEREAS,the Property was listed on the Multiple-Listing Service(MLS) for a minimum
of thirty (30) days in accordance with applicable laws and procedures for the sale of public
property; and
WHEREAS, Adam Martinez submitted the highest cash offer of TWO HUNDRED
THOUSAND AND NO/100 DOLLARS ($200,000.00) for the purchase of the Property; and
WHEREAS, the City Council of the City of Baytown, Texas finds it to be the best interest
of the City to sell the Property to Adam Martinez and to authorize the City Manager to execute all
necessary documents for the sale; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of Baytown, Texas, hereby declares the Property located
at 168 N. Burnett Drive, legally described as Lots 4 and 5, Block 54, of Lakewood Subdivision,
Section F, Baytown, Harris County, Texas as surplus to the needs of the City.
Section 2: Awards the sale of the approximately 3.18 acres of land located at 168 N.
Burnett Drive, legally described as Lots 4 and 5, Block 54, of Lakewood Subdivision, Section F,
Baytown, Harris County, Texas by Special Warranty Deed, to Adam Martinez for the amount of
TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00). The Special Warranty
Deed is attached hereto as Exhibit "A", which is incorporated herein for all intents and purposes.
Section 3: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmative vote the City C ncil of the
City of Baytown, this 11 th, day of September, 2025.
C ES SON, Mayor
ATTEST: i .
ANGE CKSON,'City Clerk 4iJ
APPROVE TO FORM:j
•
SCOTT L ND, City Attorney
R:\Ordinances and Resolutions\Ordinance Drafts\2025-09-1 I\Authorizing Sale of Surplus Property.168 N.Burnett Dr.kh.docx
EXHIBIT"A"
SPECIAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
THAT the CITY OF BAYTOWN ("Grantor"), a home-rule municipal corporation, for
and in consideration of the sum of TWO HUNDRED THOUSAND AND NO/IOO DOLLARS
($200,000.00) and other good and valuable consideration paid by ADAM MARTINEZ
("Grantee"), the receipt and sufficiency of which is hereby acknowledged and confessed, and
subject to the matters set forth or referred to herein, have GRANTED, SOLD AND
CONVEYED, and by these presents do GRANT, SELL AND CONVEY, unto Grantee all that
certain tract or parcel of land, together with all improvements thereon (if any), lying and being
situated in the State of Texas and County of Harris (the "Property"), more particularly described
in Exhibit"WD1,"which is attached hereto and incorporated herein for all intents and purposes.
This conveyance is made by Grantor subject to, and Grantee accepts and assumes all
obligations under (a) all encumbrances, restrictions, easements, conditions, covenants and
conveyances or exceptions to title set forth herein, in Exhibit "WD2" attached hereto and
incorporated herein for all purposes; in the Deed Records, Real property Records, Official public
records or other records of Harris County, Texas; or those visible or apparent on the ground,
applicable to and enforceable against the property; (b) applicable zoning, subdivision, building
and other land use laws and regulations; (c) all matters of record in the official public records of
Harris County, Texas, including any protective covenants affecting the property; (d) any
discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any
overlapping of improvements; (e) all matters, whether or not of record, that arise out of the
actions of Grantee or its agents, representatives or contractors; (f) liens created or assumed as
security for the sale consideration of the Property; (g) any Appurtenances; (h) all oil, gas and
mineral conveyances and leases; (i)all ad valorem taxes,all taxes and subsequent assessments for
prior years due to a change in land usage or ownership, and the lien of real estate taxes and
assessments not yet due and payable; and (j) all matters affecting title to the Property that are
valid and currently existing(collectively"Permitted Exceptions").
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, its successors or assigns, forever; and
subject to all of the matters set forth or referred to herein, Grantor does hereby bind itself, and its
successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property
Special Warranty Deed,Page 1
unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or
to claim the same, or any part thereof, by, through, or under Grantor only from and after the date
Grantor first acquired title to the Property,but not otherwise.
Ad valorem taxes with respect to the property for the current year have been prorated as
of the date hereof.
Grantor has executed and delivered this Special Warranty Deed and has granted,
bargained, sold and conveyed the Property, and Grantee has received and accepted this Special
Warranty Deed and has purchased the Property, AS IS, WHERE IS,AND WITH ALL FAULTS,
AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER,
EXPRESS OR IMPLIED, WRITTEN OR ORAL, IT BEING THE INTENTION OF GRANTOR
AND GRANTEE TO EXPRESSLY REVOKE, RELEASE, NEGATE, AND EXCLUDE ALL
REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY
AND ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES AS TO (i)
THE CONDITION OF THE PROPERTY OR ANY ASPECT THEREOF, INCLUDING,
WITHOUT LIMITATION, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS
AND WARRANTIES RELATED TO SUITABILITY FOR HABITATION,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE; (ii) THE
NATURE OR QUALITY OF CONSTRUCTION, STRUCTURAL DESIGN, OR
ENGINEERING OF THE IMPROVEMENTS; (iii) THE QUALITY OF THE LABOR OR
MATERIALS INCLUDED IN THE IMPROVEMENTS; (iv) THE SOIL CONDITIONS,
DRAINAGE, TOPOGRAPHICAL FEATURES, OR OTHER CONDITIONS OF THE
PROPERTY OR WHICH AFFECT THE PROPERTY; (v) ANY FEATURES OR
CONDITIONS AT OR WHICH AFFECT THE PROPERTY WITH RESPECT TO ANY
PARTICULAR PURPOSE, USE, DEVELOPMENTAL POTENTIAL, CASH FLOW, OR
OTHERWISE; (vi) ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES
CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION
OF THE PROPERTY; (vii) ANY ENVIRONMENTAL, GEOLOGICAL,
METEOROLOGICAL, STRUCTURAL, OR OTHER CONDITION OR HAZARD OR THE
ABSENCE THEREOF HERETOFORE, NOW, OR HEREAFTER AFFECTING IN ANY
MANNER ANY OF THE PROPERTY; (viii) ALL EXPRESS OR IMPLIED WARRANTIES
UNDER TEXAS PROPERTY CODE SECTION 5.023(a)(2); AND(ix) ALL OTHER EXPRESS
OR IMPLIED WARRANTIES AND REPRESENTATIONS BY GRANTORS WHATSOEVER,
Special Warranty Deed,Page 2
EXCEPT SOLELY THE SPECIAL WARRANTY OF TITLE EXPRESSLY SET FORTH
HEREIN.
Special Warranty Deed,Page 3
Executed this day of , 20 .
GRANTOR:
By:
Name:
Title:
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he/she
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
,A.D., 20 .
NOTARY PUBLIC, STATE OF TEXAS
Special Warranty Deed,Page 4
AGREED AND ACCEPTED BY GRANTEE:
BY: ADAM MARTINEZ
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND, City Attorney
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, the undersigned Notary Public, on this day personally appeared Adam
Martinez, known to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the instrument on behalf of the City of Baytown for the
purposes and considerations expressed in it.
Given under my hand and seal of office on the day of , 2025.
Notary Public in and for the State of Texas
Special Warranty Deed,Page 5
GRANTORS' ADDRESSES:
CITY OF BAYTOWN
ATTN: CITY CLERK
P.O. BOX 424
BAYTOWN,TX 77522
RETURN TO GRANTEE:
ADAM MARTINEZ
158 N BURNETT DRIVE
BAYTOWN,TX 77520
Special Warranty Deed,Page 6
Exhibit"WD1"
Being legally described as(Lots Four(4)and Five (5)in Block Fifty-four(54)of Lakewood
Subdivision, Section"F",an addition in Harris County, Texas,according to the map or plat
thereof recorded in Volume 41,Page 69 of the Map Records of Harris County, Texas.
Special Warranty Deed,Page 7
Exhibit"WD2"
(Permitted Exceptions)
None
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DEED.doc
Special Warranty Deed,Page 8