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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