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Ord. 0574 08-14-89ORDINANCE NO. 574 AN ORDINANCE AUTHORIZING THE PURCHASE OF A CERTAIN TRACT OF PROPERTY AS SET OUT IN EXHIBIT "A" OF PEARLAND, BRAZORIA COUNTY, TEXAS FROM AMERICAN REAL PROPERTIES, INC.; APPROPRI- ATING THE AMOUNT OF THREE THOUSAND NINE HUNDRED AND NO/100 ($3,900.00) DOLLARS OUT OF STREET BOND FUNDS FOR THE PUR- CHASE AND RELATED CLOSING COSTS; AUTHORIZING THE MAYOR TO ACCEPT THE GENERAL WARRANTY DEED FROM AMERICAN REAL PROPERTIES, INC.; AND AUTHORIZING THE MAYOR AND THE CITY MANAGER TO DRAW WARRANTY IN SAID AMOUNT OR SO MUCH THEREOF AS MAY BE NECESSARY AGAINST SAID FUND, TO PAY AND DISCHARGE THE LEGAL OBLIGATION OF THE CITY OF PEARLAND, TEXAS, CHARGE- ABLE THERETO. WHEREAS, the City Council desires to purchase said property and whereas there is available for appropriation in Street Bond Funds a sum sufficient for the purposes hereinbelow stated; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: SECTION 1. The City of Pearland is hereby authorized to purchase all that certain tract of land as set out in Exhibit "A" attached hereto and located in Pearland, Brazoria County, Texas, for the price of $3,900.00. SECTION 2. The Mayor of the City of Pearland is hereby authorized to accept the Warranty Deed to the aforesaid tract of land executed by the appropriate officers of said American Real Properties, Inc. upon its delivery to the City of Pearland, of which a copy is attached hereto as Exhibit "A". SECTION 3. There is hereby appropriated out of Street Bond Funds Three Thousand Nine Hundred and No/100 ($3,900.00) Dollars for the said land and related closing costs; and the Mayor and the City Manager are hereby authorized to draw warrant in said amount or so much thereof as may be necessary against said fund, to pay and discharge the legal obligation of the City of Pearland, Texas, chargeable thereto. PASSED AND APPROVED ON FIRST READING by the City Council of the City of Pearland, Texas, in regular meeting this the , A.D., 1989. TOM REID, MAYOR ATTEST: KAY KRmUSE, CITY SECRETARY 2 `f day of PASSED AND APPROVED ON SECOND AND FINAL READING by the City Council of the City of Pearland, Texas, in regular meeting this the /i/ day of ott< , A. D., 1989. TOM REID, MAYOR ATTEST: KAY USE, CITY SECRETARY APPROVED AS TO FORM: -ireS ROBERT E. TALTON, CITY ATTORNEY 23674 CF//8900129 TFTCo/Pearland am EXHIBIT "A" 83706 442 THE STATE OF TEXAS COUNTY OF BRAZORIA 6 WARRANTY DEED /7,2 5// ,dle�.C. •� KNOW ALL MEN BY THESE PRESENTS: THAT AMERICAN REAL PROPERTIES, INC. hereinafter referred to as GRANTOR, for and in consideration of the sum of THREE THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($3,400.00) and other good and valuable consideration to GRANTOR in hand paid by the State of Texas, acting by and through the State Highway and Public Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land in Brazoria County, Texas, more particularly described as follows, to -wit: All that certain tract or parcel containing 0.065 acre (2,852 square feet) of land, more or less, in the W.D.C. Hall League, A-70, Brazoria County, Texas and being a part of Lot 2 of 0. W. Willets Subdivision as recorded in Volume 3, Page 65, Plat Records of Brazoria County, Texas and also being a part of that certain original tract called 4.7908 acres (now containing 4.026 acres) conveyed from Ted Joslyn to George W. Vaughn, III by an instrument of record in Volume 195, Page 518 of the Official Public Records of Real Property of Brazoria County, Texas; said 0.065 acre tract being more particularly described by metes and bounds as in Exhibit "A" attached hereto and incorporated herein. GRANTOR reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the above -described premises herein conveyed together with all and singular the rights and appurtenances thereto in any wise belong unto the State of Texas and its assigns forever; and GRANTOR does hereby bind itself, its heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawful claiming or to claim the same or any part thereof. 89706 443 IN WITNESS WHEREOF, this instrument is executed on this the "'A day of 4— , 1989. GEORGE W. VAUGHN, III, Authorized Agent for AMERICAN REAL PROPERTIES, INC. THE STATE OF TEXAS 0 COUNTY OF BRAZORIA 0 This instrument was acknowledged before me on the day of , 1989 by GEORGE W. VAUGHN, III, Authorized Agent for AMERICAN REAL PROPERTIES, INC. NOTARY') PUBLI d FOR THE STATE OF TEXAS My Commission Expires on: ///0 9 GRANTEE'S ADDRESS: State of Texas State Department of Highways and Public Transportation Austin, Texas RETURN TO: TEXAS FIDELITY TITLE COMPANY P. 0. Box 877 Pearland, Texas 77588-0877 89706 444 EXHIBIT "A" All that certain tract or parcel containing 0.065 acre (2,852 square feet) of land, more or less, in the W.D.C. Hall League, A-70, Brazoria County, Texas and being a part of Lot 2 of 0. W. Willets Subdivision as recorded in Volume 3, Page 65, Plat Records of Brazoria County, Texas and also being a part of that certain original tract called 4.7908 acres (now containing 4.026 acres) conveyed from Ted Joslyn to George W. Vaughn, III by an instrument of record in Volume 195, Page 518 of the Official Public Records of Real Property of Brazoria County, Texas; said 0.065 acre tract being more particularly described by metes and bounds as. follows (all bearings referenced to the Texas Coordinate System, South Central Zone): COMMENCING for reference at a 1-1/4 inch iron pipe (found) on the northerly line of Lot 2 and on the southerly line of Lot 3 of said 0. W. Willets Subdivision, said point being an angle point in the southerly line of that certain tract conveyed from Houston Citizen's Bank and Trust Company to Metro Financial Corp. by an instrument of record in Volume 1144, Page 380, Deed Records, Brazoria County, Texas: THENCE South 48 deg. 13'51" East with the common line between said Lot 2 and said Lot 3 and with the southerly line of said Metro Financial Corp. tract, at 32.18 feet pass the most northerly northeast corner of the aforesaid 4.7908 acre tract and continuing with the common line between said Lot 2 and Lot 3 and with the common line between said 4.7908 acre tract and said Metro Financial Corp. tract in all a distance of 255.18 feet to the PLACE OF BEGINNING of the herein described tract: THENCE South 48 deg. 13'51" East, 106.82 feet with the common line between said Lot 2 and Lot 3 and the common line between said 4.7908 acre tract and the Metro Financial Corp. tract to a point for corner on the northerly line of the right-of-way of FM No. 518, THENCE South 86 deg. 21'57" West with the northerly right-of-way line of FM No. 518, a distance of 75.00 feet to a point for corner, THENCE departing the northerly right-of-way line of FM No. 518, North 3 deg. 38' 03" West, 76.06 feet to the PLACE OF BEGINNING and containing 0.065 acre (2,852 square feet) of land, more or less.