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Ordinance No. 14,508ORDINANCE NO. 14,508 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE DONATION OF APPROXIMATELY 8.6 ACRES OF LAND OUT OF THE W.G. BAYLISS 50 -ACRE TRACT IN THE WILLIAM SCOTT LOWER LEAGUE, ABSTRACT 65, HARRIS COUNTY, TEXAS, FROM THE DITTMAN FAMILY FOR PARK PURPOSES; 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 accepts the donation of approximately 8.6 acres of land out of the W.G. Bayliss 50-acre tract in the William Scott Lower league, Abstract 65, Harris County, Texas, from the Dittman Family for park purposes. The dedication deed is attached hereto as Exhibit "A," which is incorporated herein 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 241h day of September, 2020. , BRANDON CAPEiILLOJ Mayor APPROVED AS TO FORM: KAREN L. HORNER, Interim City Attorney RAaren Homer DocumentsTiles City Council Ordinances\2020 September 24\AcceptingDittmanDedication.docx Exhibit "A" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIDE ANY OF THE FOLLOWING INFORMATION' FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED OF DEDICATION THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT GRANTOR NISHA G. DITTMAN, AKA NICKEY DITTMAN, acting in her capacity as Independent Executor of the Last Will and First Codicil of FRED C. DITTMAN, JR., Deceased, pursuant to Cause No. 483201 in Probate Court No. 2 of Harris County, Texas (the "Grantor") for and in consideration of naming the property herein conveyed for the Dittman Family, the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration paid by the GRANTEE herein named, the receipt and sufficiency of which are hereby acknowledged and confessed, has DONATED, DEDICATED, GRANTED, and CONVEYED and by these presents do hereby DONATE, DEDICATE, GRANT, and CONVEY unto the GRANTEE, CITY OF BAYTO�VN, a municipal corporation located in Harris and Chambers Counties, Texas, its successors and assigns, the tract of real property located in Harris County, Texas, which is more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes, for park purposes. IT 1S EXPRESSLY UNDERSTOOD AND AGREED that if the property described above ceases to be designated as a public park, Grantor; her heirs and assigns shall have the right to reenter and assume ownership of the property described in this conveyance upon at least thirty (30) days' written notice to GRANTEE of GRANTOR's desire to do so. Within thirty (30) days after GRANTEE receives GRANTOR'S written request to reenter and assume ownership of the Special \Varratm Deed of Dedicanon. Page 1 property, GRANTEE shall execute a deed without warranty to convey the property to GRANTOR. TO HAVE AND TO HOLD the above -described premises, together with all and singular the rights and appurtenances thereto in any wise belonging, unto the said CITY OF BAYTOWN, its successors and assigns forever, in fee simple absolute. GRANTOR does hereby bind herself, the estate, and all heirs, executors, administrators, successors and assigns to WARRANT and FOREVER DEFEND the said premises unto the said CITY OF BAYTOWN, its successors and assigns, against every person whomsoever, lawfully claiming or to claim the same or any part thereof by, through, or under GRANTOR, but not otherwise. EXECUTED this the day of _ , 2020. GRANTOR: 40. < NISHA G. DITTMAN, acting in her capacity as Independent Executor of the Last Will and First Codicil of FRED C. DITTMAN, JR., Deceased, pursuant to Cause No. 483201 in Probate Court No. 2 of Harris County, Texas STATE OF TEXAS COUNTY OF HARRIS § n__ BEFORE ME, Pa ,,.; +� �I L+.�1 `UP.Ahe undersigned notary public, on this day personally appeared NISHA G. DITTMAN, acting in her capacity as Independent Executor of the Last Will and First Codicil of FRED C. DITTMAN, JR., Deceased, pursuant to Cause No. 483201 in Probate Court No. 2 of Harris County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed that instrument for the purposes and consideration herein expressed. SUBSCRIBED AND SWORN before me this i QANIEL 0. WILLIAMS Notary Public x• STATt Or TEXAS =+ o,• Notary lDx4570299 My C ow(n. Lip kigusl 19, 2021 day of ^ 12020. Notary Public in and for the State of Texas My commission expires: Special Warranty Deed of Dedication, Page 2 GRANTOR'S ADDRESS: NISHA G. DITTMAN 3330 TRI CITY BEACH ROAD BAYTOWN, TX 77523-9710 RETURN TO GRANTEE: CITY OF BAYTOWN OFFICE OF THE CITY CLERK P.O. BOX 424 BAYTOWN, TEXAS 77522-0424 R:1Karen\FileslLegallDceds & Easements\WarrantyDeedDittman07212020.doc apeecial Warranty Deed of Dedication, Page 3 EXHIBIT "A" BEING 8.6 acres of land out of the W. G. Bayliss 50 acre tract in the William Scott Lower League, Abstract 65, in Hams County, Texas; BEGINNING at a 3/4" G. Pipe at the intersection of the center line of East James Street extended with the East line of Kilgore Road extended. Said Point being 894.7' bearing South 71 deg. 04 min. East from a point in center line of East James Street opposite and at right angle to a 3/4" rod on the north R.O.W. of East James Street and on the West line of the W. G. Bayliss 50 acre tract; THENCE South 71 deg. 04 min. East a distance of 508.3' down the South line of the W. G. Bayliss 50 acre tract to a point in a drainage ditch on the West bank of Cedar Bayou. Corner being marked by a 1" G. Pipe 20' North of line and 25' from the bank of Cedar Bayou; THENCE North 23 deg. 02 min. East down the meander of Cedar Bayou a distance of 363.1' to a point on bank for comer; THENCE North 36 deg. 45 min. East down the meander of Cedar Bayou a distance of 371.9 to a point on bank for comer from which a 1" G. Pipe bears North 66 deg. 00 min. West 13.3'; THENCE North 66 deg. 00 min. West a distance of 518.0' to a 1" C. Pipe on the East R.O.W. of Kilgore Road for comer; THENCE South 28 deg. 46 min. West down East R.O.W. of Kilgore Road a distance of 543.5' to a point of cure of a 18 deg. 09 min. curve with radius of 316.5' to the right. Said point being 230.9' bearing North 28 deg. 46 min. East from the Point of Beginning. THENCE in a Southwesterly direction following the curve to the right until in intersects the center line of East James Street extended; THENCE South 71 deg. 04 win. East a distance of 133.7' to the Point of Beginning and containing 8.6 acres, more or less. Exhibit "A," Page Solo