Ordinance No. 9,599ORDINANCE NO. 9599
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE THE RELEASE OF NOTICE OF LIS PENDENS AND OF
JUDGMENT CONCERNING 1601 GARTH ROAD, BAYTOWN, HARRIS
COUNTY, TEXAS, SUCH RELEASE BEING CONTINGENT UPON THE
CLOSE OF THE LOAN AND THE TRANSFER OF SUCH PROPERTY TO
WMF WOODCREEK VILLAGE APARTMENTS, LTD; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes
and directs the City Manager to execute the Release of Notice of Lis Pendens and of Judgment
concerning 1601 Garth Road, Baytown, Harris County, Texas (the "Property"). Such release is
expressly contingent upon the close of the loan and the transfer of the Property to WMF
Woodcreek Village Apartments, Ltd. A copy of said release is attached hereto, marked Exhibit
"A," and made a part hereof for all intents and 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 24th day of July, 2003.
/�� e, ez-,6
PETE C. ALFARO, Ma or
ATTEST:
G Y 1V1: -SMITH, City Clerk
APPROVED AS TO FORM:
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FAKaren \Files \City Council\ Ordinances \Releaseotwoodcreck Lis PendensNJudgmentOrdinance .doc
• RELEASE OF NOTICE OF LIS PENDENS AND OF JUDGMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
This Release of Notice of Lis Pendens and of Judgment (the "Release ") is executed by
and on behalf of the City of Baytown, Texas ( "Baytown ") in favor of William M. Friedrichs, Jr.
( "Friedrichs ") upon the terms and for the consideration herein set forth.
RECITALS
A. On August 27, 1999, the City of Baytown, Texas, filed a Notice of Lis Pendens (the
"Lis Pendens ") in the Office of the County Clerk of Harris County, Texas under
Clerk's File No. T932196 stating that a counterclaim has been filed in Cause No. 99-
31451, styled Tex -Cal Investments, Inc., Enrique Gutierrez and John Cooper v. City
of Baytown in the 1891" Judicial District Court of Harris County, Texas (the
"Lawsuit "). The Lis Pendens was recorded against that certain real property
described on Exhibit "A" attached hereto and incorporated herein by reference (the
"Property").
B. By Agreed Order dated August 27, 2002, Baytown obtained a Judgment against Tex -
Cal Investments, Inc. ( "Tex- Cal ") in the Lawsuit (the "Judgment "), wherein Tex -Cal,
within prescribed time periods, was required to demolish certain structures and make
improvements to or demolish the remaining buildings located on the Property.
C. Friedrichs is now the record title owner of the property. Friedrichs has obtained a
loan commitment from Mitchell Mortgage Company of the Woodlands, Texas, which
loan will be insured by the United States Secretary of Housing and Urban
Development under the provisions of Section 221 (d)(4) of the National Housing Act,
for a loan in the sum of ELEVEN MILLION FORTY -TWO THOUSAND SIX
HUNDRED AND N01100 DOLLARS ($11,042,600.00) to substantially reconstruct
the apartment buildings and other improvements located on the Property. In
consideration of Friedrichs' obtaining the loan to reconstruct the Property, Baytown
desires to release the Lis Pendens and the Judgment by this instrument.
RELEASE
Now, therefore for and in consideration of TEN AND NO /100 DOLLARS ($10.00) and
Friedrichs' obtaining a loan from Mitchell Mortgage Company to substantially reconstruct the
buildings and other improvements on the Property as described above, the receipt and sufficiency
of which is hereby acknowledged, Baytown has this day and does by these presents, RELEASE,
REMISE and RELINQUISH the Lis Pendens and the Judgment unto Friedrichs, his heirs,
representatives, successors and assigns and further releases any claim that it may have against
the Property in any way related to the Judgment.
EXHIBIT A
Release of Notice of Lis Pendens and of Judgment, Page 1
0 Executed this the _ day of July, 2003.
CITY OF BAYTOWN, TEXAS
PETE C. ALFARO, Mayor
STATE OF TEXAS §
COUNTY OF HARRIS §
THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on the _ day of July,
2003 by PETE C. ALFARO, the Mayor of the City of Baytown, Texas, on behalf of the City of
Baytown, Texas, in the capacity therein stated.
Notary Public, State of Texas
AFTER RECORDING, RETURN TO:
Charter Title Company
Attention: Ms. Jill Lantz
700 Louisiana, Suite 3340
Houston, Texas 77002
GF No. 02030570
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Release of Notice of Lis Pendens and of Judgment, Page 2
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Being a tract or parcel of land out of the Harvey Whiting Survey, Abstract
640, in Harris County, Texas, and being a portion of that certain 162.14
acre tract of land conveyed to Trur mui D. Cox and Eddie V. Gray deed
dated April 12, 1957 and recorded in Volume 3323 at Page 344 et seq. of
die Dccd Records of Harris County, Texas, and being more particularly
described as follows, to -Avit:
BEGINNING at the Northwest corner of the above- mentioned 162.14 -acre
tract for POINT OF 1EGINNNG of tract herein described;
THENCE North 89 deg. 55 mill. 13 sec. Fast with the North line of this
tract and the South line of a tract owned by B. B, Williams passing at
533.50 feet the Soutbcast corner of the Williams tract continuing in all a
distance of 560.00 feet to a point;
THENCE South 1 deg. 12 iniu. 33 sec. East with the East line of this tract,
a distance "of417.58 feet to an Angle point;
THENCE South 45 deg. 40 min. 57 sec. East with a Northwesterly line of
this tract, a distance of 449.03 feet to a point situated in the Northwest
right -of -way line of Garth Road;
THENCE in a Southwesterly direcdon wi(h a curve to the right having a
radiu of 1,064.52 feet, a curvilinear distance of 365.33 feet to a point;
THENCE South 38 deg. 47 min. 27 sec. West with the South line of this
tract, a distance of 496.66 feet to a point situated in the West line of tlrc
aforementioned 162.14 acre tract;
THENCE North 1 deg. 12 min. 33 sec. West with the west line of this
tract; a distance of 1,042.00 feet to the POINT OF BEGR KING enclosing
15.137 acres. more or less.
EXHIBIT "A"
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