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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. ****************************************************************************** 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 P 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