HomeMy WebLinkAboutOrdinance No. 16,450 (Item 7.b.) ORDINANCE NO. 16,450
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 0.1194 ACRES OF LAND
LOCATED AT 3316 ILLINOIS AVENUE, LEGALLY DESCRIBED AS LOT
EIGHTEEN (18), BLOCK EIGHT (8), OF EAST BAYTOWN, IN HARRIS COUNTY,
TEXAS TO XIN ZHANG AND YUEXIN LIU; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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WHEREAS,the City of Baytown,Texas owns 0.1194 acres of land located at 3316 Illinois Avenue,
legally described as lot eighteen(18),block eight(8), of East Baytown, in 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, Xin Zhang and Yuexin Liu submitted the highest cash offer of TWENTY-SIX
THOUSAND, ONE-HUNDRED DOLLARS ($26,100.00) 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 Xin Zhang and Yuexin Liu, and to authorize the City Manager to execute all
necessary documents for the sale; NOW THEREFORE
ii
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 3316
Illinois Avenue, legally described as lot eighteen(18), block eight(8), of East Baytown, in Harris County,
Texas, as surplus to the needs of the City.
Section 2: Awards the sale of the approximately owns 0.1194 acres of land located at 3316 Illinois
Avenue, legally described as lot eighteen (18), block eight (8), of East Baytown, in Harris County, Texas
by Special Warranty Deed,to Xin Zhang and Yuexin Liu for the amount of TWENTY-SIX THOUSAND,
ONE-HUNDRED DOLLARS ($26,100.00). 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 of the City Council of the City of
Baytown, this 23rd day of April 2026.
CHARLES JOHNSON, Mayor
ATTEST:
GABRIELLA GONZALES, Deputy City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND, City Attorney
R:\Ordinances and Resolutions\Ordinance Drafts\2026-04-23\Ord-Surplus Property-33 l6 Illinois-SL.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 TWENTY-SIX THOUSAND ONE HUNDRED AND
NO/IOO DOLLARS ($26,100.00) and other good and valuable consideration paid by XIN
ZHAND and YUEXIN LIU ("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
unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or
Special Warranty Deed,Page 1
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,
EXCEPT SOLELY THE SPECIAL WARRANTY OF TITLE EXPRESSLY SET FORTH
HEREIN.
Special Warranty Deed,Page 2
Executed this day of , 20 .
GRANTOR:
By:
Name:
Title:
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND, City Attorney
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
g
Special WarrantyDeed,Page 3
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AGREED AND ACCEPTED BY GRANTEE:
BY: XIN ZHANG
BY: YUEXIN LIU
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 , 2026.
Notary Public in and for the State of Texas
•
Special Warranty Deed,Page 4
GRANTORS' ADDRESSES:
CITY OF BAYTOWN
ATTN: CITY CLERK
P.O. BOX 424
BAYTOWN,TX 77522
RETURN TO GRANTEE:
XIN ZHANG AND YUEXIN LIU
3110 BARNWOOD CROSSING
DULUTH, GA, 30097
Special Warranty Deed,Page 5
Exhibit"WD 1"
Being legally described as Lot Eighteen(18), of East Baytown, an addition in Harris County,
Texas, according to the map or plat thereof recorded in Volume 7, Page 54, of the Map Records
of Harris County, Texas.
Special Warranty Deed,Page 6
Exhibit WD2
(Permitted Exceptions)
3316 Illinois SWD 4.8.2026.doc
Special Warranty Deed,Page 7