Ordinance No. 8,664990826 -5
ORDINANCE NO. 8664
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE SALE OF PROPERTY LOCATED IN
BAYTOWN, HARRIS COUNTY, TEXAS; APPROVING AS AUTHORIZED
ALL PREVIOUS ACTIONS TAKEN BY THE CITY OF BAYTOWN
CONCERNING THE FORECLOSURE OF THE CITY'S TAX LIEN ON THE
PROPERTY AND THE CONVEYANCE OF THE PROPERTY;
AUTHORIZING THE MAYOR TO EXECUTE A DEED WITHOUT
WARRANTY CONVEYING THE SAME; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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WHEREAS, TR 5R (016 *TR5A) (051 *TR87A3), ABST 840 H Whiting, Park Street,
Baytown, Harris County, Texas, was the subject of a delinquent tax lawsuit; being Cause No. 88-
47355, in the 80th Judicial District Court of Harris County, Texas; and
WHEREAS, a judgment and decree of sale was rendered in the aforesaid cause in favor
of the City of Baytown, Harris County, Goose Creek Consolidated Independent School District
and Lee College District; and
WHEREAS, as a result of a certain order of sale issued on the above - referenced
judgment and decree of sale, the above - referenced property was struck off to the City of
Baytown for the use and benefit of itself and Harris County, Goose Creek Consolidated
Independent School District and Lee College District; and
WHEREAS, by a deed recorded in the deed records of Harris County, the above -
referenced property was transferred to the City of Baytown, for the use and benefit of itself,
Harris County, Goose Creek Consolidated Independent School District and Lee College District;
and
WHEREAS pursuant to Section 34.05 of the Texas Property Tax Code, the City of
Baytown negotiated a private sale of the subject property; and
WHEREAS, the purchase price of the property subject to this ordinance is equal to the
total amount of the judgment against the property; and
WHEREAS, the grantee herein named has tendered to the City of Baytown such
amounts, satisfying the requirements of both Section 34.05 of the Texas Property Tax Code and
Section 52, Article III of the Texas Constitution; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: All matters and facts set forth in the recitals hereinabove are found to be
true, and are approved as the findings of the City Council of the City of Baytown.
Section 2: That the City Council hereby confirms, approves and authorizes all actions
taken by the City Administration in initiating the aforementioned lawsuit to collect the
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delinquent taxes that had accrued against such property, and the foreclosure of liens on the same
pursuant to the judgment that was obtained in the above - described lawsuit.
Section 3: That the City Council of the City of Baytown hereby further authorizes
and approves and confirms the City Administration's actions in negotiating a private sale
concerning the above - referenced property and all other acts taken by the City Administration
necessary to consummate the same.
Section 4: That the City Council of the City of Baytown hereby authorizes the sale of
the following property located in Baytown, Harris County, Texas:
HCAI� .. .... .. .. .. .. .
Account No} property Buyer Sales Pr><ce
Tract 5K (016" FK5A)
045- 144 - 003 -0032 (05 1 *TR87A3), Abstract 840 H. Norman W. Dykes $75,255.48
Whitine. Park Street
Section 5: That the Mayor of the City of Baytown, Texas, is hereby authorized and
directed to execute a Deed Without Warranty for the sale of the property. A copy of said deed is
attached hereto, marked Exhibit "A," and incorporated herein for all intents and purposes.
Section 6: 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 26th day of August, 1999.
ATTEST:
EILEEN P. HALL, City Clerk
® etE&ACIO RAMIREZ ., City Attorney
c:klh 190 \CityCouncil\ Ordinances\ Sa leotProperty @PrivateSale082699
PETE C. ALFAR , Mayor
2 ,,
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DEED WITHOUT WARRANTY
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
WHEREAS, ad valorem taxes on certain hereinafter described land and premises (the "Property") were
the subject of Cause No. 88 -47355 in the 80`h Judicial District Court of Harris County, Texas; and
WHEREAS, a judgment and decree of sale were rendered in the aforesaid cause on November 17,
1989, in favor ofthe City of Baytown, Goose Creek Consolidated Independent School District and Lee College
District, and the State of Texas and County of Harris; and
WHEREAS, as a result of a certain execution and order of sale issued on said judgment and decree
of sale, said property was struck off on the 3rd day of August, 1990, to the City of Baytown for the use and
benefit of itself and the Goose Creek Consolidated Independent School District and Lee College District, and
the State of Texas and County of Harris; and
WHEREAS, by Deed dated November 12, 1990, and recorded in the deed records of Harris County,
Texas, the hereinafter described land and premises were transferred to the aforesaid Plaintiffs/Intervenors; and
WHEREAS, pursuant,to Section 34.05(h) of the Property Tax Code of the State of Texas, the City
of Baytown has received from NORMAN W. DYKES ( "Grantee ") a proposal to purchase the property at a
private sale; and
WHEREAS, the purchase amount offered by Grantee is equal to the total amount of the judgment
against the property; NOW THEREFORE
The CITY OF BAYTOWN, TEXAS, a municipal corporation situated in the counties of Harris and
Chambers, State of Texas; on behalf of itself and -Goose Creek Consolidated Independent School District and
Lee College District, and the State of Texas and County of Harris, ( "Grantor ") for and in consideration of the
sum of SEVENTY -FIVE THOUSAND TWO HUNDRED TWENTY -FIVE AND 48/100 ($75,225.48)
DOLLARS to GRANTOR paid by NORMAN W. DYKES, the receipt of which is hereby acknowledged, has
GRANTED, SOLD, and CONVEYED, said conveyance being made under and by virtue of Section 34.05(h)
of the Property Tax Code of the State of Texas, and by these presents does GRANT, SELL and CONVEY,
unto NORMAN W. DYKES, all of the following described real property in Harris County, Texas, to -wit:
TR 5R, (016 *TR 5A)(051 *TR 87A3), ABST 840 H WHITING, Park Street, Baytown,
Harris County, Texas, being a portion of a 8.6694 acre tract conveyed to Baytown
Development, Ltd. by deed dated January 12, 1972, and recorded at Film Code 114 -17 -2084
of the Deed Records of Harris County, Texas
GRANTOR hereby conveys the above described property without warranty, express or implied, and
conveys to GRANTEE only any right, title or interest that said taxing entities' predecessor in title owned, and
all warranties in Texas Property Code are excluded.
TO HAVE AND TO HOLD all the GRANTOR'S right, title and interest in and to the above described
land and premises which were acquired or held by each of the taxing entities under and by virtue of the
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aforesaid judgment, execution and order of sale and deed, unto said GRANTEE, his successors and assigns
forever, so that neither we, nor our successors, nor assigns shall 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.
Signed this day of , 1999.
CITY OF BAYTOWN, TEXAS
PETE ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Secretary
THE STATE OF TEXAS §
COUNTY OF HARRIS §
"Before me the undersigned authority on this day personally appeared Pete C. Alfaro, 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."
"Given under my hand and seal of office this day of , 1999."
Notary Public, State of Texas
Grantor's Address: Grantee's Address:
City of Baytown Norman W. Dykes
P.O. Box 424 3721 Autumn Ln.
22 Baytown, Baytown, Texas 775 yt , Texas 77521
After recording return to Grantee
c:\...\baytown\fo reclosu re \d eedwithou twarranty.005
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