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HomeMy WebLinkAboutR-1951-1 - Gen. Warranty Deed, utility easement, Block 34 Bay Front Addition, Gilbert Baldauf . 4 ,: )- ,r... . t J. . . A RESOLUTION OF THE CITY OF LA PORTE, TEXAS, TO JOIN IN THE EXECUTION OF A GENERAL WARRANTY DEED FOR THE CONVEYANCE OF CERTAIN REAL PROPERTY OWNED BY IT IN EXCHANGE FOR CERTAIN REAL PROPERTY OVJNED BY GILBERT J3UDAUF~: THE PROPERTY BEING EXCHANGED BEING OF EQUAL VALUE AND IT BEING TO THE MUTUAL ADVANDGE OF THE CITY AND THE SAID GILBERT BAlDAUF TO EFFECT SUCH TRANSACTION. WHEREAS, Gilbert :Baldaut is the owner of Block Thirty-Four (34) '" Bay Front Addition situated in the~own of La Porte, Texas and has constructed improvements on a portion of said property which extend a distance of four (4) feet ,be- yond his property line on to the adjacent property owned by the City of La Porte, Texas and used as a public a1lq; and WHEREAS, the location of such improvements was made through in- advertence and the relocation thereof 'Would at this time cause said property O19Jler excessive and unreasonable expense; and WHEREAS, the said Gilbert &lda;uf' owns, the property on the opposite side of said alley and is willing to grant the City of La Porte, Texas~ a strip of land equal to the width and length of that upon which said improve- ments are located and in addition thereto is willing to grant unto the City of La Porte, Texas, an easement for water and sewer lines across property O19Jled by him in said block; and WHEREAS, the exchange of property contemplated will not in effect alter the width of said alley but will only' create a four (4) foot offset which will not materially or substantially affect the useful purpose of said aller: HOW THEREFORE, BE IT RESOLVED that the City of La Porte, Texas, acting by and through its duly elected Mayor H.J.Pfeitfer, under the seal of said City and,!;the attest of its City Clerk, J. E. Muldoon, be authorized, and it is hereby authorized, to execute and deliver in its behalf a General . Warranty Deed to the property hereinafter described as being conveyed by it and to receive on its behalf, a General Warranty Deed from the said Gilbert Bal~, on the property hereinafter described as being conve.yed unto it, and for the purpose of evidencing and perpetuating the consideration for the exchange of said lands, said officers of the City of La Porte, Texas, are further authorized to execute and acknowledge an instrument of writing, men considered together with this Resolution, shall constitute full and conclu- . . i. , .. " sive authority and consideration for the execution and delivery of the Deed on behalf of the City of La Porte and acceptance of the deed from the said Gilbert Baldauf; such instrument being as follows, to-wit: U14lIEREAS, Gilbert Baldauf and the City of La Porte,'.L'exas, own certain property situated in Block Thirty-Four (4) of Bay Front Addition in the Town of La Porte,Texas,and are mutually desirous of making an exchange of a portion of said Block: N~i THEREFORE, in consideration of the premises and the mutual benefits to be derived by each of the aforesaid parties, the sufficiency of such consideration being here- by acknowledged, and confessed, said parties do hereby agree to grant, sell and convey those certain tracts of land as hereinafter set forth out of said Block Thirty- Four (3h) and each of the parties do hereby covenant, grant, conclude and agree each for himself and itself,their heirs, successors or assigns, that such exchanbe be made as follows: That the said Gilbert Baldauf shall from henceforth have, hold, possess and enjoy, to himself, his heirs and assigns, the following described tract of land, to-wit: BEGINNING at the Southwesterly corner of Lot Eight (8), Block Thirty-Four (3h) of Bay Front Addition,in the Town of La Porte Texas; THENCE in a Southerly direction with a pro- jected imaginary line of the most Westerly boundary line of said Block Thirty-Four (4) for a distance of Four (4) feet to stake for corner; THENCE in an ~asterly direction and parallel with the most Northerly boundary line of said Block Thirty~our(34) for a distance of one hundred twenty-five (125) feet; THENCE in a Northerly direction and parallel to said projected line for a distance of Four (4) feet; THENCE in a 'Westerly direction and parallel with the most Northerly boundary line of said Block Thirty-Four (34) to the place of beginning. . . e. . ~ t - , ~ .. . ~ '. . Said City of La Porte, Texas, shall, fro~henceforth, have, hold, possess and enja,y, to itself, its successors and assigns, the following described tract of land, to-wit: BEGINNING at the ~Qft&~~~el~i~.qE~er of Lot Nine (9) in Block Thirty..Four (4)/01' the fown or"ti"Porte,Harris County,Texas; THENCE in a Southerly direction with the most Wester1y boundary line thereof for a distance of Four (4) feet; . THENCE in an ~aster11 direction and parallel with the most Northerly boundary line of said Block ~lhirty-Four (34) to-a point of intersection with the most Easterly line of Lot Thtrteen (Ii' of said Block; THENCE in a Northerly direction with the most Easterly boundary line of said Lot !'hiI"tdSll (13) for a distance of Four (4) feet; THENCE in a lrester1y direction and parallel with the most Northerly line of said Block Thirty-Four (34) to the place of beginning. ~he said City of La Porte, Texas, shall further have, hold, possess and enja,y, for iteself, its successors and assigns, a perpetual Right-of-~ay ease- ment for water and sewer line purposes, described as follows, to-wit: BEGINNING at the most Northeasterly corner of Lot rhirteen (1,j), Block Thirty-Four (4) of the Town of La r'orte,Texas; THENCE in a Westerly direction and parallel to the most Northerly line of said Block for a distance of Ten (10) feet; THENCE in a Southerly direction and parallel with the most Westerly line of said Block to a point of intersection with the most Southerly boundary line of said Block; THENCE in an Easter1y direction with the most Southerly bounqary line of said Block to the most Southeasterly corner of said Lot 'fhirteen (1.3'; . THENCE in a Northerly direction and with the most Easterly boundar,y line of said Lot Tbirteen €l)' to the place of beginning. This agreement shall be binding upon the heirs, executors and successors of each of the re~pective parties hereto but shall not be assignable in whole or in part). EXECUTED IN DUPLICATE ORIGINALS on this the _ day of A. D. 1951. GUbert BaLdaUf' . ATTEST: CITY OF LA PORTE, TEXAS J.E.MUldoon, City Clerk H.J .Pfeiffer, Mayor . . . . .....4 ...... r- . i. - . ... THE STATE OF TEXAS: COUNTY OF HARRIS: BEFORE ME, the undersigned authority on this day personally appeared H.J.PFEIFFER, Mayor of the City of La Porte, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and considerations therein ex- pressed, as the act and deed of said City of La .Porte, Texas, and in the capacity therein stated. GIVEN ~der my hand and seal of office this the A. JJ. 1951. day of Notary ~ublic in and for Harris County,~exas. THE STATE OF TEXAS: COUNTY OF HARRIS: BEFORE ME, the undersigned authority on this day personally appeared GILBERT BALDAUF.', known to me to be the person whose name is sub- scribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and considerations therein expressed. GIVEN under my hand and seal of office this the day of A. D. 1951-. 140tary rublic in and for Harris County, l'exas. ,) A.D. 1951, by a vote of y APPROVED by the Mayor of the City of La Porte, Texas, and ATTESTED by the City Clerk. ~ Ci 0 Q e.