Ordinance No. 5,837910425-3
ORDINANCE NO. 5837
AN ORDINANCE AUTHORIZING AND APPROVING THE EXPENDITURE
OF FUNDS FOR THE PURCHASE OF PROPERTY AND PAYMENT OF
TAXES AND ASSESSMENTS ON A WATER UTILITY SYSTEM IN ABBE
SUBDIVISION, CHAMBERS COUNTY, TEXAS; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: The City Council of the City of Baytown, Texas,
hereby authorizes and approves the expenditure of funds for the
purchase of property and payment of taxes and assessments on a
certain water utility system in Abbe subdivision, Chambers
County, Texas, as set forth on Exhibit "All and "B" attached
hereto and made a part hereof by reference for all purposes.
Section 2: 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 vote of the
City Council of the City of Baytown, this the 25th day of April,
1991.
ATTEST.
�m
P ,,-T&LL, City C19
EMORE, Assistant City Attorney
0:1:20:12
11
MOM -
. WARRANTY DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
THAT GRANTORS, DONALD K. WHITAKER and wife, BETTIE WHITAKER
INDIVIDUALLY AND DOING BUSINESS AS WHITAKER, CONSTRUCTION AND ABBE
WATER SUPPLY of the County of Liberty, State of Texas, for and in
consideration of the sum of TEN DOLLARS AND N01100 ($10.00), and
other good and valuable consideration paid by the GRANTEE herein
named, the receipt of which is hereby acknowledged and confessed,
have GRANTED, SOLD and CONVEYED and by these presents do hereby
GRANT, SELL and CONVEY unto the GRANTEE, CITY OF BAYTOWN, a
municipal corporation located in the County of Harris and County
of Chambers, State of Texas, its successors and assigns, the
following described tract of real property located in Chambers
County, Texas:
Being a fourteen foot by fourteen foot (141 x 141)
square tract of land to be used as a water well location
off the northeast corner of Lot No. Twenty -two (22) of
the ABBE SUBDIVISION, William Bloodgood Survey, Abstract
No. 5, Chambers County, Texas, as shown by a plat of
said subdivision recorded in Volume 2, Page 104 of the
Plat Records of Chambers County, Texas, and being a part
of the same land conveyed by Douglas E. Abbe, et al, to
Leon D. Jamison by a deed dated January 8, 1958,
recorded in Volume 201, Page 117 of the Deed Records of
Chambers County, Texas, to which plat and deed and the
record thereof reference is here made for all purposes.
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.
GRANTORS do hereby bind themselves, their heirs, executors
and administrators 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.
This conveyance is made and accepted subject to all
restrictions, reservations, covenants, conditions, rights -of -way,
and easements of record, enforceable and binding on GRANTORS on
this date, if any, affecting the above described property.
SIGNED this the A day of ��i' /� , 1991.
'i6d" a , e abi,
• DONALD K. WHITAKER, DOING BUSINESS AS
WHITAKER CONSTRUCTION AND ABBE WATER SUPPLY
EMIM A BETTIE WHITAKER, DOING BUSINESS AS
WHITAKER CONSTRUCTION AND ABBE WATER SUPPLY
•
9
THE STATE OF TEXAS §
FC11) W1 01�:i110CiM1
BEFORE ME, the undersigned authority, on this day personally
appeared DONALD K. WHITAKER, known to me to be the person and
officer whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of said WHITAKER
CONSTRUCTION AND ABBE WATER SUPPLY, and that he executed the same
as the act of such corporation for the purposes and consideration
therein expressed, and in the capacity therein stated.
TO CERTIFY WHICH, witness my hand and seal of office this
the day of �}py�` , 1991.
h A%AN W. DYKES
NOTARY PUBLIC
State of Texas
Comm. Exp. C-6.27.94
THE STATE OF TEXAS §
COUNTY OF HARRIS §
Notary Public in and farr the
State of Texas
BEFORE ME, the undersigned authority, on this day personally
appeared BETTIE WHITAKER, known to me to be the person and
officer whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of said WHITAKER
CONSTRUCTION AND ABBE WATER SUPPLY, and that she executed the
same as the act of such corporation for the purposes and
consideration therein expressed, and in the capacity therein
stated.
TO CERTIFY WHICH, witness my hand and seal of office this
the day of 1991.
NOTARY SEAL Notary Public in and fo the
State of Texas
S:6:1:7
µp Y PUBLIC
N( o� -Texas
State 1 05-27-94
Comm.
0
THE STATE OF TEXAS §
§ BILL OF SALE
COUNTY OF HARRIS §
THAT, DONALD K. WHITAKER AND WIFE, BETTIE WHITAKER,
INDIVIDUALLY AND DOING BUSINESS AS WHITAKER CONSTRUCTION AND ABBE
WATER SUPPLY, Seller, of Liberty County, Texas, in consideration
of payment of the sum of EIGHTEEN THOUSAND SEVEN HUNDRED SIXTY -
SIX AND NO 1100 ($18,766.00) DOLLARS, receipt of payment is hereby
ACKNOWLEDGED, does hereby sell and transfer to the City of
Baytown, of Harris and Chambers Counties, Texas, its successors
and assigns, all the certain private water utility system
presently serving Abbe Subdivision and commonly known and
described as "Abbe Water Supply," owned by Seller in Chambers
County, Texas, together with all real and personal property
utilized in the acquisition, pumping, treatment, storage and
distribution of water, excluding the pressure tank and air volume
control and including, but not limited to water wells, pumps,
pipelines, easements, buildings, structures, values, meters,
meter boxes, chlorination equipment, air compressor, pump
controls, and other fixtures and equipment and the right and
responsibility to serve water customers in such subdivisions
under any Certificate of Convenience and Necessity whatsoever.
Such property is more fully described in the Warranty Deed and
incorporated herein for all purposes. Seller also agrees to
transfer to the City of Baytown all meter deposits and current
delinquent or receivable accounts. Seller warrants that he is
• the lawful owner in every respect of all of the described
9
property and that it is free and clear of all liens, security
agreements, encumbrances, claims, demands, and charges of every
kind whatsoever. Seller further warrants the payment of all
property taxes for such property whether real or personal
including prorations through 1991, at the time of the sale.
Buyer binds Seller, his successors and assigns, to warrant
and defend the title to all of the described property to Buyer,
its successors and assigns, forever against every person lawfully
claiming the described property or any part if it.
This Bill of Sale shall be effective as to the transfer of
all property listed in it as of April 12, 1991.
IN WITNESS WHEREOF, this Bill of Sale is executed on this
the '2' day of 4�27Y;/ , 1991.
I
DONALD K. WHITAKER, DOING BUSINESS
AS WHITAKER CONSTRUCTION AND
ABBE WATER SUPPLY
. � n
BETTIE WHITAKER, DOING BUSINESS
AS WHITAKER CONSTRUCTION AND
ABBE WATER SUPPLY
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0
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
BEFORE ME, the undersigned, a Notary Public in and for said
county and state, on this day personally appeared DONALD K.
WHITAKER, known to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me
that the same was the act of said WHITAKER CONSTRUCTION AND ABBE
WATER SUPPLY, and that he executed the same as the act of such
corporation for the purposes and consideration therein expressed,
and in the capacity therein stated.
GIVEN under my hand and seal of office, this day of
THE STATE OF TEXAS §
COUNTY OF HARRIS §
'�97�
NOTARY PUBL C IN AN "FA5R THE
STATE OF TEXAS
BEFORE ME, the undersigned, a Notary Public in and for said
county and state, on this day personally appeared BETTIE
WHITAKER, known to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me
that the same was the act of said WHITAKER CONSTRUCTION AND ABBE
WATER SUPPLY, and that he executed the same as the act of such
corporation for the purposes and consideration therein expressed,
and in the capacity therein stated.
GIVEN under my hand and seal of office, this �� j}'� day of
NORMAN W. DYKES
NOTARY PUBLIC
State of Texas
Comm. Exp. 06.27.94
S:5:30:27
0
197.
NOTA:Rt PUBLIC IN AND 06R THE
STATE OF TEXAS
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•r`�;
NORMAN W. DYKES
NOTARY PUBLIC
State at Texas
Comm. Exp. 06-27-94
THE STATE OF TEXAS §
COUNTY OF HARRIS §
'�97�
NOTARY PUBL C IN AN "FA5R THE
STATE OF TEXAS
BEFORE ME, the undersigned, a Notary Public in and for said
county and state, on this day personally appeared BETTIE
WHITAKER, known to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me
that the same was the act of said WHITAKER CONSTRUCTION AND ABBE
WATER SUPPLY, and that he executed the same as the act of such
corporation for the purposes and consideration therein expressed,
and in the capacity therein stated.
GIVEN under my hand and seal of office, this �� j}'� day of
NORMAN W. DYKES
NOTARY PUBLIC
State of Texas
Comm. Exp. 06.27.94
S:5:30:27
0
197.
NOTA:Rt PUBLIC IN AND 06R THE
STATE OF TEXAS
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