Ordinance No. 9,787ORDINANCE NO. 9787
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING ALL PREVIOUS ACTIONS TAKEN BY THE CITY OF BAYTOWN
CONCERNING THE FORECLOSURE OF THE CITY'S TAX LIEN ON
APPROXIMATELY 60.697 ACRES IN THE WILLIAM SCOTT UPPER LEAGUE, A-
66, IN BAYTOWN, HARRIS COUNTY, TEXAS; AUTHORIZING THE SALE OF
SUCH PROPERTY PREVIOUSLY FORECLOSED ON BY THE CITY OF
BAYTOWN DUE TO DELINQUENT AD VALOREM TAXES; AUTHORIZING THE
MAYOR TO EXECUTE A DEED WITHOUT WARRANTY CONVEYING SUCH
PROPERTY TO EXXON MOBIL CORPORATION; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, ad valorem taxes on certain hereinafter described land and premises (the "Property ")
were the subject of Cause No. 1999 -06855 in the 61st Judicial District Court of Harris County, Texas; and
WHEREAS, a judgment and decree of sale were rendered in the aforesaid cause on May 6, 1999,
in favor of the City of Baytown, Goose Creek Consolidated Independent School District and Lee College
District, and Harris County; and
WHEREAS, as a result of a certain execution and order of sale issued on said judgment and
decree of sale, the property was struck off on August 3, 1999, to the City of Baytown for the use and
benefit of itself, the Goose Creek Consolidated Independent School District and Lee College District, and
Harris County; and
WHEREAS, by Deed dated August 26, 1999, and recorded in the deed records of Harris County,
Texas, the hereinafter described land and premises were transferred to the City of Baytown and the other
taxing units; 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 Exxon Mobil Corporation a proposal to purchase the property at a
private sale; and
WHEREAS, the purchase amount offered by Exxon Mobil Corporation is equal to the total
amount of the judgment against the property; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council hereby confirms, approves and authorizes all actions taken
by the City and its independent contractor in initiating lawsuits to collect the delinquent taxes that had
accrued against the property subject to the above - referenced lawsuit and the foreclosure of the lien on the
Property pursuant to the judgment that was obtained in the above - described lawsuit.
Section 2: That the City Council of the City of Baytown hereby authorizes the sale of the
Property at a private sale for the total amount of the judgment against the Property pursuant to Section
34.05(h) of the Property Tax Code.
Section 3: That the City Council of the City of Baytown hereby authorizes the Mayor to
execute the Deed without Warranty, which is attached hereto as Exhibit "A" and incorporated herein for
all intents and purposes, conveying the Property to Exxon Mobil Corporation.
® Section 4: 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 22nd day of April, 2004.
PETE C. ALFARO, May r
FWat ,19
G_ Y YOSMITH, City Clerk
APPROVED AS TO FORM:
C4� A�
JG&ACIO RAMIREZ, SR., C Attorney
® FAKaren \Files \City Council\ 0rdinances\ ApproveSaleo tForecloscdProperty2E.. xonMobil.doc
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. 1999 -06855 in the 61st Judicial District Court of Harris County, Texas; and
WHEREAS, a judgment and decree of sale were rendered in the aforesaid cause on May 6, 1999, in
favor of the City of Baytown, Goose Creek Consolidated Independent School District and Lee College District,
and Harris County; 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'August 3, 1999, to the City of Baytown for the use and benefit of
itself, the Goose Creek Consolidated Independent School District and Lee College District, and Harris County;
and
WHEREAS, by Deed dated August 26, 1999, 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 EXXON MOBIL CORPORATION ( "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 Harris County, ( "Grantor ") for and in consideration of the sum of SEVEN
HUNDRED FIFTY -THREE THOUSAND NINE HUNDRED EIGHTY -FOUR AND 62/100 DOLLARS
($753,984.62) to GRANTOR paid by EXXON MOBIL CORPORATION, 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 EXXON MOBIL CORPORATION, all of the following described real property in Harris
County, Texas, to -wit:
An approximately 60.697 acre tract in the William Scott Upper League, A -66, in Baytown,
Harris County, Texas as more specifically described in the Attached Exhibit "A"
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 the 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
aforesaid judgment, execution and order of sale and deed, unto said GRANTEE, his successors and
EMIT A
® assigns forever, so that neither GRANTOR, nor its 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 , 2004.
CITY OF BAYTOWN, TEXAS
PETE C. ALFARO, Mayor
ATTEST:
GARY W. SMITH, City Clerk
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 )2004.
Grantor's Address:
City of Baytown
P.O. Box 424
Baytown, Texas 77522
After recording return to:
Randall B. Strong
Attorney at Law
407 W. Baker Rd., Suite Z
Baytown, Texas 77521
FAKxcn%fi1cs%City CowxihAgenda Itertn From Othcn \Exxondeedwithoutwanwty.001.doc
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Notary Public, State of Texas
Grantee's Address:
EXXON MOBIL CORPORATION
P.O. Box 53
Houston, Texas 77001
R`~ hte`Time APR- 1b- 200WRI) 1')A NIIMH11 P.M
QOM RA \0YSiRONG2814270864
U R I ) AP -R 13 2004 15:03/S7. 15 :02 /N0. 530803" 737
EXHIBIT "A"
THENCE South 58 deg. 40 min. 23 sec. EaSt with a
aouthWesterly l.i.ns of the residue of amid 47.081-acre
tract, at a distance of 329.95 rest pass the common line
of said 47.081-acre tract with said 60.349 -acre tract,
and continuing for a total distb nce of 721.93. Peet to A
5/8 -inch iron rod sct for an angle point of said tract
herein described; '
THENCE South 20 deg. 05 min. S6 sec. tact with a
wanter.ly line of the residue of *aid 60.349 -acre tract,
a distance of 814.26 reek to a 5/8-inch iron rod set for
an angle point of said tract herein described;
Being 60.697 acres (2,64J,977 square feet) of land
out of the Wi.11laYn Scott Upper league, A -66, and cut of
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the liarvoy whiting Survey, A -840, Harris county, Texas,
being out of a 47 -0a1 tract of land as zncordod under
itarrias County Clerk'a File No. K- 242631, Film Code No.
oz9-7a --o39S of the tiarris County Real Properly Records,
and being out of a 60.349 -oora tract Ot land as recorded
N
under Harris County Clark's File No, K- 242630, Film Code
No. 0215-72-0387. Said 80.697 -acre tract being more
particularly described by metes and bounds as follows:
cap
A)
BEGINNING at a•5/8 -inch iron rod found in the
I_
northe+teterly right-of -way line of Sl:ata Highway Spur 330
Cn
(width varies) for the westerly comer of said 47.081-
-4zl.
acre tract, and for the weetorly corner of said tract
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heroin described;
THENCE North 31 deg. 22 min. 54 sec. East with a
southeasterly line of an Exxon Company U.S.A. 1466.44-
acre tract of land as recorded in volume 435, Page 413 of
tho Harris County Deed Records, a die Lance or 1073.86
feat to a 5/8-inch iron rod set for the northwesterly
corner-of said tract heroin described;
THENCE South 66 deg. 44 min. is sea. East With a
southai'ly line of the residua of said 47.ee1 -acne tract,
a distance of 485.33 feet to a 5/9-inch iron rod oet for
a nortnaasterly "ernes_ of said tract herein d eucribed;
THENCE South with a westerly line of the residue of
said 47.091 -acne tract, a'distancm of 222.64 feet to a.
518 -inch iron rod set for an interior corner of said
tract herein dcocr.ibed;
THENCE South 58 deg. 40 min. 23 sec. EaSt with a
aouthWesterly l.i.ns of the residue of amid 47.081-acre
tract, at a distance of 329.95 rest pass the common line
of said 47.081-acre tract with said 60.349 -acre tract,
and continuing for a total distb nce of 721.93. Peet to A
5/8 -inch iron rod sct for an angle point of said tract
herein described; '
THENCE South 20 deg. 05 min. S6 sec. tact with a
wanter.ly line of the residue of *aid 60.349 -acre tract,
a distance of 814.26 reek to a 5/8-inch iron rod set for
an angle point of said tract herein described;
Px Date /Time OR-lb- 71)0WH) h'A 281IMM
P ;OM RANDYSTRONG2814270864 (= RI)APR 15 2004 15:03/3 .15 :02 /0 .8^Oo0H 737
711IENCE south 20 deg, 46 Miri. 26 Sec. East with a
WQ6terly lint of the rvaidue of maid 60.349 -acre tract,
a distanco of 499.04 feet to a 5/6 -inch iron rod set in
tho northerly night -of -way line of: s'aid State Highway
Spur 330 for the southeasterly corner of said tract
herein deecribodl
THENCE in a southwesterly direction ws.th the
northerly right -of -way line of said State-Highway Spur
201 and with a curve. to tho left 'having 'a radius --
2077.29 feet, central angle - 01 deg. 32 min. 48 Sec.,
chord bearing R South 64 deg. 12 min: x5'soc. West, chord
distance - 56.07 feet for' d curve length of 56.07 feet to
a 5/8 -inch iron rod not for the point -ot- tangency, Fran
which a concrete monument found bears South oo deq. 07
min. 51 sec. West, a distanco of 0,86 fact;
THENCE South 63 deg. 25 min. 65 sec. West continuinq
with the northerly right --of -way line of staid state
Highway Spur 202, a distance of 226.96 feet to a eonorote
monument round for a point -of- curvature;
THENCE in a Masterly direction continuing with the
northerly right- of -way 11ne of said State Highway Spur
201 and "-with a curve to right having a radius - 818.51
fast, central angle - 48 dog. 02 min. 16 sec., chord
hearing = South 87 deq_ 26 min. 53 sec Nast, chord
distancQ -- 666.33 feet for a curve length or 666.25 root
to a 5/8- ,inch iron rod Bet for the point -of- tangency;
THENCR North 68 deg. 31 min. 59 Sec, West continuing
with the northerly right -of -way line of said State
llighway Spur 330, a distance of 1.91 feat to a concrete
monumoAt found for the beginning or a non - tangent curvet
THENCE in a northwasterly direction continuing with
the northsaStaT-ly right -of -way line of said State Highway
spur 330 and with a curve to the right having a radius
1432.39 feet central ong]e - 35 deg, 30 min. Oo sec,,
chord bearing - North 51 deg. OG vin. 39 sec. West, chord
distance - 673.37 feet for a curve length of 887.50 Peet
to a concrete monument found for the and of said curve;
THENCE North 33 deg. 21 min. 39 sec. West continuing
With the northeasterly right-of-way lino of said state
Highway Spur 330, a distance of 586.1d feet to a 518 -inch
iron rod eat for an angle point of said tract heroin
described;
THENCE North 31 deg. 00 min. 37 sec. west continuing
with the northeasterly right -of -way line of said Gtato
Flighway spur 330, a distance of 269.04 Peat to the POINT -
OV- BEGINNING and containinc), 60.697 acres (2,643,977
square feet) or land.
•