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Ordinance No. 10,004ORDINANCE NO. 10,004 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ACQUISITION OF A 5.0 -ACRE TRACT OF LAND LOCATED NEAR THE INTERSECTION OF PARK STREET AND STATE HIGHWAY 146 FROM THE CFTR -12, INC., FOR THE GOOSE CREEK STREAM GREENBELT TRAIL PHASE IV PROJECT; AUTHORIZING PAYMENT IN THE AMOUNT OF TWO THOUSAND ONE HUNDRED FIFTY -FOUR AND 90/100 DOLLARS ($2,154.90); DIRECTING THE CITY CLERK TO FILE SAID DEED WITH THE COUNTY CLERK OF HARRIS COUNTY, TEXAS; 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, authorizes the acquisition of a 5.0 -acre tract of land located near the intersection of Park Street and State Highway 146 from the CFTR -12, Inc., for the Goose Creek Stream Greenbelt Trail Phase IV Project. A copy of the special warranty deed conveying the property to the City is attached hereto as Exhibit "A" and is incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to CFTR -12, Inc., in an amount of TWO THOUSAND ONE HUNDRED FIFTY -FOUR AND 90 /100 DOLLARS ($2,154.90) for the purchase of the property referenced in Section I hereof. Section 3: That the City Clerk is hereby directed to Ole the deed with the County Clerk of Harris County, Texas. 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 10`h day of February, 2005. CALVIN MUNDINGER, Mayor ATTEST: r�r h'In�E(J Gf(R`,tJlV. SMITH; City Clerk APPROVED AS TO FORM: ® NACIO RAM [REZ, S City Attorney RAKaren \Fi1es \Ci1y Council \Ordinances\2005 \February 10\ MR- 12Property4GooseCreekStreamPhase lV.doc • j I SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT GRANTOR.CFTR-12, INC., a non-profit corporation located in Dallas County in the State of Texas, and owner of the below-described real property, for and in consideration of the sum of TWO THOUSAND ONE HUNDRED FIFTY-FOUR AND 90/100 DOLLARS ($2,154.90) 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 Grantee CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas ("Grantee"), whose address is 2401 Market Street, Baytown, Harris County, Texas, the property described in Exhibit"A,"attached hereto and made a part hereof("Property"). 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, and Grantor binds itself and its successors and assigns to warrant and forever defend all and singular the Property to Grantee and its successors and assigns against every person lawfully claiming or to claim all or any part of the Property, subject to the provisions stated above, by, through, or under Grantor,but not otherwise. Executed this 1 or`day of l=eh o wA ref , 2005. GRANTOR: CFTR-12, INC. By: (S. attire) 3 ovo (Printed Name) VP , '�'I+1GF-✓i wt +^S (Title) OMIT Special Warranty Deed,Page 1 A ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, Li NA4 f 2g N 2CA/ , the undersi d not public, on this day personally appeared ,Ja„y ,,,).q � s the V.AeZ Pik ,jk ,' of CFTR-12, INC., known to me to be the person whose am(is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of CFTR-12, INC. Given under my hand and seal of office this/0 day of , 2005. otary P blic in and f h ate of Texas ,,J My commission expires: 5 - 2.�— D cf GRANTOR'S ADDRESS: ,uuuy ��►�'►�. LINDA FRENZEN 0 Notary Public,State of Texas •••.•• My Commission Expires CFTR-12, INC. \ '+w;„o«,;�r May22,2008 C/O COMMUNITIES FOUNDATION OF TEXAS ` 4605 LIVE OAK DALLAS, TX 75204 RETURN TO GRANTEE: CITY OF BAYTOWN ATTENTION: CITY CLERK P.O. BOX 424 BAYTOWN, TEXAS 77522-0424 R:\Karen\Fi1es\LegaPDeeds&Easements\ConnnunitiesFoundationofrexasReRenfroPropertySpecialWarrantyDeed.doc Special Warranty Deed,Page 2 Exhibit "A" All that certain tract of land owned by the Grantor known as Tract "A" of the J. Lehan Tract found North and West of the Park Street right-of-way and East and South of Goose Creek Stream and South of the B. B. Williams Tract,being the same 5.00 acre tract conveyed to Robert L. Cole by Rosa Mann, April 27, 1908, recorded in Volume 206, Page 507 of the Deed Records of Harris County, Texas, and conveyed by Robert L. Cole to Joseph Lehan, dated June 4, 1908, and recorded in Volume 220, page 221 of the Deed Records of Harris County, Texas, being 5.00 acres more or less. • Exhibit"A,"Page Solo C SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT GRANTOR CFTR -12, INC., a non - profit corporation located in Dallas County in the State of Texas, and owner of the below - described real property, for and in consideration of the sum of TWO THOUSAND ONE HUNDRED FIFTY -FOUR AND 90/100 DOLLARS ($2,154.90) 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 Grantee CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas ( "Grantee "), whose address is 2401 Market Street, Baytown, Harris County, Texas, the property described in Exhibit "A," attached hereto and made a part hereof ( "Property"). 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, and Grantor binds itself and its successors and assigns to warrant and forever defend all and singular the Property to Grantee and its successors and assigns against every person lawfully claiming or to claim all or any part of the Property, subject to the provisions stated above, by, through, or under Grantor, but not otherwise. Executed this 104` day of re r , 2005. Special Warranty Deed, Page 1 GRANTOR: CFTR -12, INC. By: {S afore) I bkO -43 a,.+ t* Sub- 1--GR.R. j(2. (Printed Name) (Title) F.X ff A • 0 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, /VM rtgWZ the under 7':,,-n no ed ta public, on this day personally appeared ,9,E the of CFTR -12, INC., known to me to be the person whose rfAmeis subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of CFTR -12, INC. Given under my hand and seal of office this fota ay o , 2005. ry P blic in and f h ate f Texas GRANTOR'S ADDRESS: CFTR -12, INC. C/O COMMUNITIES FOUNDATION OF TEXAS 4605 LIVE OAK DALLAS, TX 75204 RETURN TO GRANTEE: CITY OF BAYTOWN ATTENTION: CITY CLERK P.O. BOX 424 BAYTOWN, TEXAS 77522 -0424 My commission expires: , � - .,:)-- D d' LINDA FRENZEN Notary Public, State of Texas ys My Commission Expires May 22, 2008 RAKaren\Fi1cs\Legal\Deeds & Easements\ CommunitiesFoundationofrexasReRenfroPropertySpecialWar rantyDeed.doc Special Warranty Deed, Page 2 ® Exhibit "A" Ell All that certain tract of land owned by the Grantor known as Tract "A" of the J. Lehan Tract found North and West of the Park Street right -of -way and East and South of Goose Creek Stream and South of the B. B. Williams Tract, being the same 5.00 acre tract conveyed to Robert L. Cole by Rosa Mann, April 27, 1908, recorded in Volume 206, Page 507 of the Deed Records of Harris County, Texas, and conveyed by Robert L. Cole to Joseph Lehan, dated June 4, 1908, and recorded in Volume 220, page 221 of the Deed Records of Harris County, Texas, being 5.00 acres more or less. Exhibit "A," Page Solo