CC Resolution No. 306 RESOLUTION NO. 306
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE, FOR AND
IN THE NAME OF THE CITY, A DEED CONVEYING A CERTAIN 0.228
ACRES TRACT OF LAND TO S. V. ROBBERSON, G. C. LANNOU AND
B. B. ELLIOTT, TRUSTEES FOR BAYTOWN VOLUNTEER FIRE DEPART-
MENT STATION NO. 1 ; INSTRUCTING THE CITY ATTORNEY TO PRE-
PARE AN APPROPRIATE DEED FOR THE CONVEYANCE OF SAID PROPERTY;
AND INSTRUCTING THE CITY CLERK TO ATTEST THE SAID DEED AND
PLACE THEREON THE OFFICIAL SEAL OF THE CITY OF BAYTOWN.
WHEREAS, the City of Baytown has previously delivered its
two certain deeds to S. V. Robberson, G. C. Lannou and B. B. Elliott,
as Trustees for Baytown Volunteer Fire Department Station No. 1 , the
first said deed having been executed on May 31 , 1956, and having never
been filed for record, and the second deed having been executed on
December 30, 1968, and being recorded in Volume 7474 Page 304 of the
Deed Records of Harris County, Texas ; and
WHEREAS, to correct an erroneous description in such prior
deeds , as well as to confirm the release of a certain reversionary
interest in favor of the City, the City of Baytown desires to execute
and deliver its correction deed in the nature of a general warranty
deed; and
WHEREAS, a portion of the improvements on the tract of land
in question encroaches upon the right-of-way of Lee Drive; and
WHEREAS, it is the intention of the City of Baytown to perpetually
permit such encroachment, and to give its assurances that no action of
any nature whatsoever will ever be instituted to abate such encroachment;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1 : That the Mayor of the City of Baytown be, and he
is hereby, duly authorized and empowered to execute for and in the name
of the City of Baytown a correction deed concerning the following described
tract or parcel of land, to-wit:
BEING a tract out of the Southwest corner of a three acre tract
conveyed from F. T. Pelly to the City of Pelly, Texas , by deed
dated November 15, 1939, as recorded in Volume 1148 at Page 122
of the Deed Records of Harris County, Texas, with the tract
herein described by metes and bounds as follows:
BEGINNING at a point in the North right-of-way line of Nazro
Street, said Point of Beginning being the Southeast corner of
this tract and being South 66 degrees 05 minutes West 203.42'
from the Southwest corner of Block 22 of Middletown Addition
to Pelly as platted and recorded in Volume 6 at Page 7 of the
Map Records of Harris County;
THENCE, South 60 degrees 50 minutes 20 seconds West 115.05' along
the North right-of-way line of Nazro Street to a corner in the
East right-of-way line of Lee Drive, and being the Southwest
corner of this tract;
THENCE, North 00 degrees 21 minutes 40 seconds West along the
East right-of-way line of Lee Drive a distance of 125.49 ' to
the Northwest corner of this tract;
THENCE, North 86 degrees 46 minutes 20 seconds East 97.22' to
the Northeast corner of this tract;
THENCE, South 03 degrees 14 minutes East 75.00 ' to the Point of
Beginning of this tract and containing 0.228 acres, more or less .
Section 2: That such deed shall be one of general warranty,
and shall fully confirm the release of that certain reversionary interest
in favor of the City previously retained. The said deed shall further
perpetually permit a certain encroachment of a building upon the tract of
land herein described into the right-of-way of Lee Drive.
Section 3: That the City Attorney is hereby duly authorized
to prepare such deed.
Section 4: That the City Clerk is hereby duly authorized to
attest the deed when executed, and to affix thereto the official corporate
seal of the City of Baytown, Texas .
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, on this 28th day of January, 1971 .
C. r3tER WALKER, Mayo
ATTEST:
EDNA OLIVER, City Clerk
APPROVED:
WILLIAM R. LAUGHLIN, City Pittorney
THE STATE OF TEXAS )
( KNOE4 ALL MEN BY THESE PRESENTS :
COUNTY OF HARRIS )
THAT the CITY OF BAYTOWN, a municipal corporation situated in
Harris County, Texas , acting by and through C. GLEN WALKER, its mayor,
and EDNA OLIVER, City Clerk, hereunto duly authorized by Resolution duly
adopted at a regular meeting of the City Council of said City, held
on the 28th day of January, 1971 , a copy of which Resolution is attached
hereto and made a part hereof, for and in consideration of the sum of
TEN ($10.00) DOLLARS and other good and valuable consideration to it
in hand paid by S. V. ROBBERSON , G. C. LANNOU and B. B. ELLIOTT, Trustees
for BAYTO'r!N VOLUNTEER FIRE DEPARTMENT STATION NO. 1 , the receipt and suf-
ficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD
and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto
the said S. V. ROBBERSON, G. C. LANNOU and B. B. ELLIOTT, Trustees for
BAYTOWN VOLUNTEER FIRE DEPARTMENT STATION NO. 1 , an unincorporated association
domiciled in the City of Baytown, Harris County, Texas, and to their
successors in office, all that certain tract of land lying and being
situated in the City of Baytown, Harris County, Texas , to-wit:
BEING a tract out of the Southwest corner of a three acre tract
conveyed from F. T. Pelly to the City of Pelly, Texas , by deed
dated November 15, 1939, as recorded in Volume 1148 at Page 122
of the Deed Records of Harris County, Texas , with the tract
herein described by metes and bounds as follows :
BEGINNING at a point in the North right-of-way line of Nazro
Street, said Point of Beginning being the Southeast corner of
this tract and being South 66 degrees 05 minutes West 203.42'
from the Southwest corner of Block 22 of Middletown Addition
to Pelly as platted and recorded in Volume 6 at Paae 7 of the
Map Records of Harris County;
THENCE, South 60 degrees 50 minutes 20 seconds West 115.05' along
the North right-of-way line of Nazro Street to a corner in the
East right-of-way line of Lee Drive, and being the Southwest
corner of this tract;
THENCE, North 00 degrees 21 minutes 40 seconds West along the
East right-of-way line of Lee Drive a distance of 125.49 ' to
the Northwest corner of this tract;
THENCE, North 86 degrees 46 minutes 20 seconds East 97.22' to
the Northeast corner of this tract;
THENCE, South 03 degrees 14 minutes East 75.00 ' to the Point of
Beginning of this tract and containing 0.228 acres, more or less.
TO HAVE AND TO h0L1) the above described property, together
with all and singular the rif it- and appurtenances thereto in anywise
belonging unto the said S. V. ROEDERSON, G. C. LANNOU and B. B. ELLIOTT,
Trustees for BAYTOWN VOLUNTEER FIRE DEPARTMENT STATION NO. 1 , and to their
successors in office and assigns , FOREVER;
Grantor does hereby bind itself, its successors and assigns ,
to WARRANT and FOREVER DEFEND all and singular the said premises unto
the said Grantees, their successors and assigns, against every person
whomsoever lawfully claiming or to claim the same, or any part thereof,
subject to the encroachment hereinafter mentioned.
This conveyance is made subject to the encroachment of the
Northwest corner of the existing building on the tract of land herein
described into the right-of-way of Lee Drive. As an additional consideration
for Grantees ' acceptance of this conveyance, .Grantor hereby stipulates
that such encroachment into the said right-of-way of Lee Drive is perpetually
permitted by Grantor, so that no action of any nature whatsoever shall
ever be instituted by Grantor to attempt to abate such encroachment.
This deed is made in place of and as a deed of correction of
a deed exeuuted by Grantor herein to Grantees herein, dated December 30,
i968, and recorded in Volume 7474 Page 304 of the Deed Records of Harris
County, Texas, wherein by error or mistake the property herein conveyed
was incorrectly described, and this instrument is made by Grantor and
accepted by Grantees in order to correct said mistake in description ,
and in all other respects confirming said former deed. This deed is also
made in place of that certain other deed executed by Grantor herein to
Grantees herein, dated May 31 , 1956, and having never been filed of record;
such deed just mentioned having reserved to Grantor a certain reversionary
interest, the same having been fully released by Grantor in its deed first
mentioned in this paragraph, and the full release of such reversionary
interest is hereby further ratified and confirmed by these presents.
-2-
IN W11NESS PHERAD , tho 0 1 v 01 sAO'joyN has- caused these presents
to be executed by C. GLEN WALK`_ . its Mayor, and EDNA OLVI1F , City Clerk ,
and the official corporate seal of said CITY OF DAYTOWN, TEXAS , hereunto
affixed this day of January, 1971 .
CITY OF BAYTQWN
By
C. GLEN WALKER, Mayor
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
WILLIAM R. LAUGHLIN, City A torney
THE STATE OF TEXAS �
COUNTY OF HARRIS �
BEFORE ME,the undersigned authority, on this day personally appeared
C. GLEN WALKER, Mayor of the City of Baytown, known to me to be the person
and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of the said CITY OF BAYTOW,N ,
a municipal corporation for the purposes and considerations therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this j f day of January, 1971 ./
NOTARY PUBLIC IN AND FOR HARRIS COUNTY,
T E X A S