Ordinance No. 12,750ORDINANCE NO. 12,750
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE EXCHANGE OF 707 DENBY, BEING LEGALLY
DESCRIBED AS LOT 4, BLOCK B, WHEATLEY ACRES SUBDIVISION,
SECTION 1, HARRIS COUNTY, TEXAS FOR 105 W. HUMBLE, BEING
LEGALLY DESCRIBED AS LOTS 4, 5, 6 AND 19 THRU 23, BLOCK 49, GOOSE
CREEK, HARRIS COUNTY, TEXAS, WITH RUTH CLARK; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City acquired the residential lot located at 707 Denby Street, Baytown,
Harris County, Texas, on April 8, 2011, which is vacant and for which there is no planned use; and
WHEREAS, on June 6, 2013, the City placed such property up for sale and received no bids;
and
WHEREAS the property was placed up for sale by the City again in October, 2014; however,
this time, there was a provision which allowed bidders to propose a cash sale or a land swap; and
WHEREAS, the only bid received was submitted by Ruth Clark, who proposed to swap her
existing residential structure and land at 105 W. Humble with a 2014 appraised value of $68,506 for
the City -owned vacant land located at 707 Denby which has a 2014 appraised value of $6,386.
WHEREAS, on December 13, 2012, Ms. Clark submitted an application for the Owner -
Occupied Housing Rehabilitation Program; however, due to the dilapidated condition ofher existing
home, she qualifies for a housing reconstruction; and
WHEREAS, the home at 105 W. Humble is situated approximately 35' from an active
railroad track and is expected to eventually lie within the City's Quiet Zone; and
WHEREAS, If this land swap is approved, the home at 105 W. Humble will be demolished
after Ms. Clark's home is reconstructed at 707 Denby; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the
exchange of 707 Denby, being legally described as Lot 4, block B, Wheatley Acres Subdivision,
Section 1, Harris County, Texas for 105 W. Humble, being legally described as Lots 4, 5, 6 and 19
thru 23, Block 49, Goose Creek, Harris County, Texas, with Ruth Clark.
Section 2: That the City Council of the City of Baytown, Texas, here authorizes the City
Manager to execute the deed without warranty, which deed is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes, upon receipt of the fully executed warranty deed,
which deed is attached hereto as Exhibit `B" and 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.
INTRODUCED, READ and PASSED by the affirmative to of the City Council of the City
of Baytown this the I I l' day of December, 2014. 1
DONCARLOS, Mayor
ATTEST: L
LETICIA BRYSCH, City rky r• °�
a
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APPROVED AS TO FORM: '
le
ACIO RAMIREZ, SR., City t rney
RAKarenTiles\.City Council \.Ordinances\2014�December 11landSwapwithRuth0ark.doc
Exhibit "A"
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 HARRIS §
THAT the CITY OF BAYTOWN, TEXAS, a municipal corporation located in Harris and
Chambers Counties, Texas ( "Grantor "), for and in consideration of the sum of TEN AND NO/100
DOLLARS ($10.00) and other good and valuable consideration paid by the GRANTEE herein named, the
receipt and sufficiency of which are acknowledged by Grantor, has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL, and CONVEY to RUTH CLARK
( "Grantee "), a tract of the property located at 707 Denby Street, Baytown, Harris County, Texas, more
particularly described as follows:
LOT 4, BLOCK B, WHEATLEY ACRES SUBDIVISION, SECTION 1, HARRIS
COUNTY, TEXAS
Grantor excludes and excepts any warranties, express or implied, regarding the Property,
including, without limitation, any warranties arising by common law or Section 5.023 of the Property
Code or its successor.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances belonging in any way to the Property, subject to the provisions stated above, to Grantee, its
successors and assigns forever, without warranty of any kind.
Executed this day of __ 320
ROBERT D. LEIPER, City Manager
Deed without Warranty, Page 1
STATE OF TEXAS §
COUNTYOF HARRIS §
BEFORE ME, , the undersigned authority, on this day personally
appeared Robert D. Leiper, City Manager of the City of Baytown, Texas, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same
for the purposes and consideration therein expressed in the capacity stated, and as the act and deed of the
City of Baytown.
TO CERTIFY WHICH, witness my hand and seal of office this the _ day of
20
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
RETURN TO GRANTEE:
RUTH CLARK
105 W. HUMBLE STREET
BAYTOWN, TX 77520
GRANTOR:
CITY OF BAYTOWN
OFFICE OF THE CITY CLERK
P.O. BOX 424
BAYTOWN, TEXAS 77522 -0424
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Deed without Warranty, Page 2
Exhibit "B"
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.
WARRANTY DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
THAT GRANTOR RUTH CLARK, the owner of the below- described property, for and in
consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable
consideration paid by the GRANTEE herein named, 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 unto the GRANTEE, CITY OF BAYTOWN, a municipal
corporation located in Harris and Chambers Counties, Texas, its successors and assigns, the tract of
real property located at 105 W. Humble, Baytown, Harris County, Texas, which is more particularly
described as follows:
LOTS 4, 5, 6 AND 19 THRU 23, BLOCK 49, GOOSE CREEK, HARRIS
COUNTY, TEXAS
TO HAVE AND TO HOLD the above - described premises, together with all and singular the
rights and appurtenances thereto in any wise belonging, unto the said CITY OF BAYTOWN, its
successors and assigns forever, in fee simple absolute. GRANTOR does hereby bind herself, her
heirs, executors, administrators, successors and assigns to WARRANT and FOREVER DEFEND,
the said premises unto the said CITY OF BAYTOWN, its successors and assigns, against every
person whomsoever, lawfully claiming or to claim the same or any part thereof.
EXECUTED this the day of
RUTH CLARK.
Warranty Deed, Page 1
2014.
STATE OF TEXAS
COUNTY OF HARRIS
Before me, , the undersigned notary public, on this day
personally appeared RUTH CLARK, the owner of the above - described property, known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me that she
executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this day of , 2014.
Notary Public in and for the State of
Texas
My commission expires:
GRANTOR'S ADDRESS:
RUTH CLARK
105 W. HUMBLE
BAYTOWN, TX 77520
RETURN TO GRANTEE:
CITY OF BAYTOWN
OFFICE OF THE CITY CLERK
P.O. BOX 424
BAYTOWN, TEXAS 77522 -0424
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Warranty Deed, Page 2