Ordinance No. 13,241ORDINANCE NO. 13,241
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE SALE OF THE PROPERTY DESCRIBED AS
BEING LOCATED ON THE RIGHT -OF -WAY EAST OF HUMBLE AVENUE -
CONSISTING OF 5,000 SQUARE FEET OF RIGHT -OF -WAY,
50 FEET WIDE AND 100 FEET LONG - LOCATED EAST OF SOUTH MAIN
STREET; BETWEEN BLOCKS 12 AND 13 FROM THE MAP OF THE
GEORGE WRIGHT TRACT OUT OF THE THOMAS WRIGHT (SR) TRACT
IN THE WILLIAM SCOTT LOWER MAP IN HARRIS COUNTY, TEXAS,
DATED AUGUST 8, 1922, TO DEWAYNE MCCARTNEY; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown advertised to accept offers for the sale of the property
described as being located on the right -of -way east of Humble Avenue - consisting of 5,000
square feet of right -of -way, 50 feet wide and 100 feet long - located east of South Main Street;
between blocks 12 and 13 from the map of the George Wright Tract out of the Thomas Wright
(SR) tract in the William Scott lower map in Harris County, Texas, dated August 8, 1922, to be
received on July 28, 2016; and
WHEREAS, notice to bidders as to the time and place, when and where the offers would
be accepted was published pursuant to the provisions of Chapter 272 of the Texas Local
Government Code; and
WHEREAS, all bids were opened and publicly read in the Municipal Service Center at
2:00 p.m., Thursday, July 28, 2016, as per published notice to bidders; and
WHEREAS, contingent upon the receipt of FIFTEEN THOUSAND SIX HUNDRED
AND NO /100 DOLLARS ($15,600.00), the City is willing to sell the Property to Dewayne
McCartney; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That contingent upon the receipt of FIFTEEN THOUSAND SIX
HUNDRED AND NO /100 DOLLARS ($15,600.00), the City Council of the City of Baytown,
Texas, hereby authorizes the sale of the property described as being located on the right -of -way
east of Humble Avenue - consisting of 5,000 square feet of right -of -way, 50 feet wide and 100
feet long - located east of South Main Street; between blocks 12 and 13 from the map of the
George Wright Tract out of the Thomas Wright (SR) tract in the William Scott lower map in
Harris County, Texas, dated August 8, 1922.
Section 2: That upon the satisfaction of the contingency detailed in Section 1 hereof,
the City Manager is hereby granted the general authority to execute a deed without warranty,
conveying its interest in the property described in Exhibit "A" to Dewayne McCartney.
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 affirmativ' vote of the City Council of the
City of Baytown, this the 11th day of August, 2016.
AT ST:
ETICIA BRYSCH, ity Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., Ci ttorney
H. DONCARLOS,
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R:', Karen\ Fi1es 1City Councih0rdinances\20MAugust 1I.SaleofProperty.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 ONE HUNDRED AND
NO /100 DOLLARS ($100.00) 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 DEWAYNE
MCCARTNEY ( "Grantee "), the property more particularly described in Exhibit "A," which is attached
hereto and incorporated herein for all intents and purposes (the "Property ").
GRANTOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE, KIND OR
CHARACTER WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE PHYSICAL AND
ENVIRONMENTAL CONDITION OF THE PREMISES, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTIES OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE AND GRANTEE ACCEPTS SUCH PREMISES IN AN "AS IS"
CONDITION, WITH ALL FAULTS.
GRANTEE, BY ITS EXECUTION OF THIS DEED, EXPRESSLY WANES ANY RIGHT OR
CLAIM AGAINST GRANTOR FOR DAMAGES, RESCISSION OR OTHER REMEDY AT LAW OR
IN EQUITY WITH RESPECT TO OR RESULTING FROM THE PHYSICAL CONDITION OF THE
PROPERTY AND THE IMPROVEMENTS, IF ANY THEREON, INCLUDING, WITHOUT
LIMITATION, THE ENVIRONMENTAL, CONDITION OF THE PROPERTY AND THE FACT THAT
PORTIONS OF THE PROPERTY MAY BE LOCATED WITHIN THE 100 -YEAR FLOOD PLAIN.
THE WAIVER AND EXCULPATION PROVIDED ABOVE SHALL BE BINDING ON ALL
SUCCESSORS AND ASSIGNS OF GRANTEE AND ALL SUBTENANTS OF AND INVITEES ON
THE PROPERTY.
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.
Deed without Warranty PROP I
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,
his heirs, representatives and assigns, its successors and assigns forever, without warranty of any kind.
Executed this day of August, 2016.
GRANTOR: CITY OF BAYTOWN
RICHARD L. DAVIS, City Manager
STATE OF TEXAS §
COUNTYOF HARRIS §
BEFORE ME, , the undersigned authority, on this day personally
appeared RICHARD L. DAVIS, 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 August, 2016.
NUYAKY PUBLIC IN AND FOR THE
STATE OF TEXAS
GRANTEE:
DEWAYNE MCCARTNEY
STATE OF TEXAS §
COUNTYOF HARRIS §
BEFORE ME, , the undersigned authority, on this day personally
appeared DEWAYNE MCCARTNEY, 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.
TO CERTIFY WHICH, witness my hand and seal of office this the _ day of August, 2016.
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
RETURN TO GRANTEE:
DEWAYNE MCCARTNEY
2801 N. ALEXANDER
BAYTOWN, TX 77520
GRANTOR:
CITY OF BAYTOWN
OFFICE OF THE CITY CLERK
P.O. BOX 424
BAYTOWN, TEXAS 77522 -0424
R \Karen \Files \Legal \Deeds & Easements\ DeedWithoutWanantyMcCartney.doc
Exhibit "A"
THE RIGHT- OF- WAY OF EAST HUMBLE AVENUE CONSISTING OF 5,000 SQUARE
FEET OF DEDICATED RIGHT -OF -WAY, 50 FEET WIDE AND 100 FEET LONG,
LOCATED EAST OF SOUTH MAIN STREET. THE RIGHT -OF -WAY IS BETWEEN
BLOCKS 12 AND 13 FROM THE MAP OF THE GEORGE WRIGHT TRACT OUT OF THE
THOMAS WRIGHT (SR) TRACT IN THE WILLIAM SCOTT LOWER MAP IN HARRIS
COUNTY, TEXAS, DATED AUGUST 8, 1922.
Exhibit "A." Page Solo