Ordinance No. 6,570930325 -3
ORDINANCE NO. 6570
AN ORDINANCE APPROVING A QUITCLAIM DEED FROM HARRIS
COUNTY TO BAYTOWN HABITAT FOR HUMANITY, INC. TRANSFERRING
A CERTAIN TRACT OF LAND WHICH WAS STRUCK OFF TO HARRIS
COUNTY FOR DELINQUENT TAXES IN 1960; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
WHEREAS, a certain tract of land was subject to a judgment for
delinquent ad valorem taxes on July 22, 1959; and
WHEREAS, a certain execution and order of sale was
subsequently issued on said judgment; and
WHEREAS, said property was struck off and sold on November 1,
1960 in favor of Harris County, the City of Baytown, and Goose
Creek Consolidated Independent School District and Lee College
District against Robert H. Reading, et al, Defendants; and
WHEREAS, the Commissioners Court of Harris County ordered said
property resold on July 28, 1992; and
WHEREAS, on October 6, 1992 such property was offered for sale
at public auction; and
WHEREAS, the highest bid at such auction was the bid of
Baytown Habitat for Humanity, Inc. in the amount of $1,350; and
WHEREAS, such highest bid was greater than the total amount of
the aforesaid judgment, plus post judgment interest; and
WHEREAS, upon completion of such sale the City of Baytown will
receive the amount of $263.37,which amounts to the City's judgment
amount and post judgment interest; and
WHEREAS, such sale will have the effect of returning said
property to the tax rolls of the City of Baytown and returning such
property to beneficial and productive use; 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
formally approves the sale of certain real property located within
the corporate limits of the City of Baytown, which tract is
described in Exhibit "A," attached hereto and incorporated herein
for all intents and purposes as if set forth at length, for the
sale price set forth in Exhibit "A."
Section 2: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to the Quitclaim Deed
from Harris County to Baytown Habitat for Humanity, Inc.
930325 -3a
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 vote of the
City Council of the City of Baytown, this the 25th day of March,
1993.
BOBBY REDILL , Mayor
ATTEST:
EILEEN P. F..i,L, City Clerk
ACIO RAMIREZ, R., City Attorney
1cWcouncill3- 25- 93authDEEDhabitat
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DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
WHEREAS, ad valorem taxes on certain hereinafter described land
and premises were the subject matter of Cause No. 483,849 in the
55th Judicial District Court of Harris County, Texas; and
WHEREAS, a judgment and decree of sale were rendered in the
aforesaid cause on July 22, 1959; and
WHEREAS, as a result of a certain execution and order of sale
issued on said judgment and decree of sale, said properties were
struck off and sold on November 1, 1960, in favor of the State of
Texas, the County of Harris, the City of Baytown and the Goose Creek
Consolidated Independent School District, Plaintiffs /Intervenors,
and against Robert H. Reading, et al, Defendants; and
WHEREAS, by a deed dated November 1, 1960, and recorded in
Volume 4216, page 534 of the deed records of Harris County, Texas,
the hereinafter described land and premises were transferred to the
aforesaid Plaintiffs /Intervenors; and
WHEREAS, pursuant to Tex. Tax Code Ann. §34.05 (Vernon 1992)
and by virtue of a certain Order of the Commissioners Court of
Harris County, Texas, dated July 28, 1992, which was directed and
delivered to him, the Constable, Precinct No. 1, Harris County,
Texas, was requested to resell the premises described therein, which
are the same hereinafter described land and premises; and
WHEREAS, Jack F. Abercia, Constable, Precinct No. 1, Harris
County, Texas, did advertise for sale the said hereinafter described
land and premises, by having a notice of the sale published in the
English language once a week for three consecutive weeks preceding
the day of the sale, in The Daily Court Review, a newspaper
published in Harris County, Texas, the first of said publications
appearing not less than twenty days immediately preceding the day of
the sale; said notice of sale containing a statement of the
authority by virtue of which the sale was to be made, the time of
the levy, the time and place of sale; a brief description of the
property to be sold, the number of acres, original survey, locality
in the county, and the name by which the land was most generally
known; and
WHEREAS, on the first Tuesday in October, 1992, same being the
6th day of October, 1992, between the hours of ten o'clock a.m., and
four o'clock p.m., Jack F. Abercia, Constable, Precinct 1, Harris
EXHIBIT A
County, Texas, undertook to sell said hereinafter described land and
premises at public vendue in the County of Harris, State of Texas,
at the door of the Court House of said Harris County, Texas; and
WHEREAS, the highest and best bid was the bid of BAYTOWN
HABITAT FOR HUMANITY, INC., in the amount of ONE THOUSAND THREE
HUNDRED FIFTY AND N01100 DOLLARS ($1,350.00); and
WHEREAS, the said highest and best bid was for an amount that
was greater than the total amount of the aforesaid judgment; and
NOW, THEREFORE, the COUNTY OF HARRIS, a body corporate and
politic of the State of Texas; the CITY OF BAYTOWN, TEXAS, a
municipal corporation situated in the County of Harris, State of
Texas; and the GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT,
situated in the County of Harris, and State of Texas, duly organized
and existing under and by virtue of the laws of the State of Texas,
(hereinafter sometimes referred to as "Grantors "), acting by their
respective authorized representatives, for and in consideration of
the sum of ONE THOUSAND THREE HUNDRED FIFTY AND N01100 DOLLARS
($1,350.00) to Grantors paid by BAYTOWN HABITAT FOR HUMANITY, INC.,
the receipt of which is hereby acknowledged, have GRANTED, SOLD, and
CONVEYED, said conveyance being made under and by virtue of Section
34.05 of the Property Tax Code of the State of Texas, and by these
presents do GRANT, SELL, and CONVEY, unto the BAYTOWN HABITAT FOR
HUMANITY, INC., whose address is 2701 W. Main Street, Baytown, Texas
77520, all of the following described real property in Harris
County, Texas, to wit:
Lots No. 25, 26, 27 and 28 in Block No. 32,
Busch Terrace, an addition near Goose Creek,
Texas, in Harris County, Texas, according to the
map or plat of said Busch Terrace Addition, duly
recorded in the office of the County Clerk of
Harris County, Texas.
Grantors hereby convey the above - described property without
warranty and convey to the BAYTOWN HABITAT FOR HUMANITY, INC., only
any right, title or interest that their predecessor in title owned.
Grantors convey to the BAYTOWN HABITAT FOR HUMANITY, INC., the
property without express or implied warranty, and all warranties
that might arise by common law and warranties in Tex. Prop. Code
Ann. §5.023 (or its successor) are excluded.
TO HAVE AND TO HOLD all the Grantors' right, title and interest
in and to the above- described land and premises which was acquired
or held by each of the Grantors under and by virtue of the aforesaid
judgment, execution and order of sale and deed, unto the said
BAYTOWN HABITAT FOR HUMANITY, INC., its successors and assigns
forever, so that neither we, nor our successors, nor assigns shall
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have, claim or demand any right or title to the aforesaid property,
premises or appurtenances or any part thereof under and by virtue of
said judgment, execution and order of sale and deed. This deed
shall be valid and effective only when and if executed by all the
Grantors, respectively, Harris County, Texas, the City of Baytown,
Texas, and Goose Creek Consolidated Independent School District.
IN TESTIMONY OF WHICH, this deed has been executed as follows:
A. It has been executed on behalf of Harris County,
Texas, on the day of , 1993,
by the County Judge of Harris County, Texas, pursuant to
an order of the Commissioners Court of Harris County,
Texas, authorizing such execution; and
B. It has been executed on behalf of the City of
Baytown, Texas, on the day of
1993, by its Mayor, and attested by
its City Secretary, pursuant to an ordinance of the City
Council of the City of Baytown, Texas, authorizing such
execution; and
C. It has been executed on behalf of the Goose
Creek Consolidated Independent School District on the
day of , 1993, by its
Superintendent, and attested by its Secretary, pursuant to
a resolution of the Goose Creek Consolidated Independent
School District, authorizing such execution.
ATTEST:
Deputy County Clerk
ATTEST:
Secretary, City of Baytown
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HARRIS COUNTY, TEXAS
By
JON LINDSAY, COUNTY JUDGE
Harris County, Texas
CITY OF BAYTOWN, TEXAS
By
BY $tREVILLE, MAYOR
City f Baytown, Texas
ATTEST:
Secretary, Goose Creek
Consolidated Independent
School District
THE STATE OF TEXAS
COUNTY OF HARRIS
GOOSE CREEK CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT
By
DR. HARRY GRIFFITH
SUPERINTENDENT
Goose Creek Consolidated
Independent School District
Before me, , a Notary Public in and
for Harris County, Texas, on this day personally appeared Jon
Lindsay, County Judge of Harris County, 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 as County Judge of
Harris County, Texas, for the purposes and consideration, and in the
capacity therein expressed.
Given under my hand and seal of office, this day of
, 1993.
Notary Public in and for the State of Texas
THE STATE OF TEXAS
COUNTY OF HARRIS
Before me, , a Notary Public in and
for Harris County, Texas, on this day personally appeared Bobby
Credille, Mayor 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 as the Mayor of the
City of Baytown, Texas, for the purposes and consideration, and in
the capacity therein expressed.
Given under my hand and seal of office, this day of
1993.
Notary Public in and for the State of Texas
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THE STATE OF TEXAS
COUNTY OF HARRIS
Before me, , a Notary Public in and
for Harris County, Texas, on this day personally appeared Dr. Harry
Griffith, Superintendent of the Goose Creek Consolidated Independent
School District, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that
he executed the same as the Superintendent of the Goose Creek
Consolidated Independent School District, for the purposes and
consideration, and in the capacity therein expressed.
Given under my hand and seal of office, this day of
, 1993.
Notary Public in and for the State of Texas
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