Ordinance No. 8,88620000413 -10
ORDINANCE NO. 8886
® AN ORDINANCE ACCEPTING THE BID OF EXXON MOBIL CORPORATION IN
THE AMOUNT OF FIVE THOUSAND AND NO /100 DOLLARS ($5,000.00) FOR
THE SALE OF BLOCK 6, LOT A, BARNES STREET, WOOSTER TERRACE,
BAYTOWN, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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WHEREAS, the City of Baytown, Texas, sought competitive bids for the sale of Block 6, Lot A,
Barnes Street, Wooster Terrace, Baytown, Harris County, Texas (the "Property"); and
WHEREAS, an opportunity for open competition was given pursuant to the provisions of Section
73 of the Charter of the City of Baytown; and
WHEREAS, all bids were opened and publicly read at City Hall at 2:00 p.m., Tuesday, March 28,
2000; 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 hereby accepts the bid of Exxon
Mobil Corporation in the amount of FIVE THOUSAND AND NO /100 DOLLARS ($5,000.00) for the
sale of Block 6, Lot A, Barnes Street, Wooster Terrace, Baytown, Harris County, Texas, which amount
is in excess of the market value of the Property.
Section 2: That the Mayor of the City of Baytown, Texas, is hereby authorized and directed
to execute the Deed Without Warranty for the sale of the aforementioned property. A copy of said Deed
Without Warranty is attached hereto, marked Exhibit "A," and made a part hereof 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 vote of the City Council of the City of
Baytown this the 13°i day of April, 2000.
PETE C. ALFARO, Nfayor
ATTEST.:
1 1 �1
cX
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
0 e4A!CIOAMIREZ, S ., City Attorney
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® 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 FIVE THOUSAND
AND NO 1100 DOLLARS ($5,000.00) and other good and valuable consideration paid by the Grantee
named below, 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 EXXON MOBIL
CORPORATION ( "Grantee "), the following described property ( "Property"):
BLOCK 6, LOT A, WOOSTER TERRACE, BAYTOWN, 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.
IT IS EXPRESSLY UNDERSTOOD AND AGREED as part of the good and valuable
consideration referenced hereinabove for the sale of the Property, Grantee hereby covenants and agrees to
remove the water tower and all associated appurtenances located on the Property within one year from the
date hereof in accordance with all laws, rules and regulations of the State of Texas, County of Harris, City
of Baytown, and all of their respective agencies which may have jurisdiction over such removal. To
ensure that Grantee faithfully performs such obligation, Grantee hereby agrees and has as of the date
hereof provided a performance bond in the amount of EIGHTY THOUSAND AND NO 1100 DOLLARS
($80,000.00), in such forms and with such sureties as the Grantor may approve, for this purpose,
guaranteeing faithful performance hereunder. The cost of such a bond is borne solely by the Grantee.
➢ The performance bond required herein shall remain in effect for a period of two (2) years after the
effective date hereof and shall be extended as needed to ensure that the removal is complete and
in compliance with all applicable laws, rules and regulations. Upon removal of the water tower
and all associated appurtenances located on the Property to the Grantor's satisfaction, Grantor
may waive the requirement of Grantee's maintaining the performance bond for the full two -year
period.
If at any time during the two -year period specified hercinabove or in the required period
thereafter, the bond becomes invalid or ineffective for any reason, the Grantee shall promptly
supply within ten (10) days such other bond or bonds, which bond or bonds shall assure
performance as required. Such replacement bond(s) shall be issued by a surety acceptable to the
City.
EXHIBIT A
Deed without Warranty, Page I
® IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED that if the water tower and all
related appurtenances are not removed within one year after the date hereof as required herein, Grantor
shall have the right to reenter and assume ownership of the property described in this conveyance, it being
the intent of Grantor to convey the right, title, and interest described on a condition subsequent.
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 April, 2000.
PETE C. ALFARO, Mayor
STATE OF TEXAS §
COUNTYOF 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 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 April, 2000.
GRANTEE:
EXXON MOBIL CORPORATION
c/o W. N. DOLD
P. 0. BOX 3950
BAYTOWN, TEXAS 77522 -3950
RETURN TO:
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
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS