HomeMy WebLinkAbout98-994 04-14-1998RESOLUTION NO. 98 -994
A RESOLUTION AUTHORIZING THE ACQUISITION BY THE
CITY OF EULESS, TEXAS OF CERTAIN REALTY
COMMONLY KNOWN AS THE WESTERN HILLS INN
PROPERTY
WHEREAS, the city of Euless, Texas, through tax foreclosure sales acquired
under Sheriff's Deeds on September 3, 1996 and December 8, 1997, certain real
property (the "Property "), more particularly described in the Deed attached hereto
as Exhibit "A" which exhibit is incorporated herein by reference as thought now set
forth in full; and
WHEREAS, the city of Euless, Texas, acquired such Property and holds same for
the benefit of the other taxing units entitled to proceeds from the tax judgments
which resulted in such Sheriff's sale; and
WHEREAS, the city of Euless has been unable to sell such Property because a
hazardous substance, to -wit: asbestos is contained throughout the existing
improvements situated on the Property and the cost of removal of such
improvements and asbestos from the Property far exceeds its fair market value; and
WHEREAS, it is the desire of the city of Euless to acquire such Property for the
sum of One and No /100 Dollars ($1.00) and to proceed to remove the existing
structures on the property and the hazardous substance contained therein and
thereafter utilize such Property for municipal purposes; and
WHEREAS, each taxing entity entitled to receive proceeds of the sale under
such judgments have heretofore given consent to the city of Euless, Texas, to so
acquire such Property upon the terms and conditions hereinabove stated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
That the city of Euless acquire the Property upon the terms and conditions
hereinbefore stated and as set forth in the deed attached hereto as Exhibit "A ", and
that the Mayor of the city of Euless is herewith authorized to execute and deliver a
Special Warranty Deed in the form of Exhibit "A ", and to further execute and deliver
all other instruments and /or documents necessary to consummate such conveyance.
PASSED AND APPROVED by the City Council of the City of Euless, Texas, by a
vote of 7 ayes and 0 nays effective, on this the 14th day of April, 1998.
ATTEST:
Susan Crim, C C, City Secretary
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Liheta
Mary Lib galeh, Mayor
SPECIAL WARRANTY DEED
WHEREAS, the city of Euless, Texas, a home ruled city, chartered under the
laws of the state of Texas, did on the 3rd day of September, 1996, acquire the
property herein described as Tract III in Exhibit "A ", attached hereto, which Exhibit
is incorporated herein by reference as though now set forth in full, at a tax
foreclosure sale under a Sheriff's Deed recorded in Volume 12499 at Page 1855 of
the Deed Records of Tarrant County, Texas, which sale was by virtue of an Order of
Sale issued out of the 236th Judicial District Court of Tarrant County, Texas, in
Cause No. EO5868 -91 in favor of the city of Euless, County of Tarrant and Tarrant
County Right -of -Way District, the Tarrant County Hospital District, the Tarrant
County Junior College District, the Hurst - Euless- Bedford Independent School
District and the Tarrant County Education District, the Comptroller of Public
Accounts of the state of Texas and The Texas Workforce Commission; and
WHEREAS, the city of Euless, Texas, did further on the 8th day of December,
1997, acquire the property herein described as Tract I and II in Exhibit "A" hereto, at
a tax foreclosure sale under a Sheriff's Deed recorded in Volume 13007 at Page 0551
of the Deed Records of Tarrant County, Texas, which sale was by virtue of an Order
of Sale issued out of the 236th Judicial District Court of Tarrant County, Texas, in
Cause No. EO9763 -94 in favor of the city of Euless, County of Tarrant and Tarrant
County Right -of -Way District, the Tarrant County Hospital District, the Tarrant
County Junior College, the Hurst - Euless- Bedford Independent School District; and
WHEREAS, the city of Euless in acquiring such property holds same for the
benefit of the other taxing entities entitled to proceeds from the judgments
hereinabove referenced; and
WHEREAS, the city of Euless has been unable to sell such property because a
hazardous substance, to -wit: asbestos is contained throughout the existing
improvements situated on such property and the cost of removal of such
improvements and asbestos from the property far exceeds the fair market value of
such property; and
WHEREAS, it is the desire of the city of Euless to acquire such property for the
sum of One and No /100 Dollars ($1.00) and to proceed to remove the existing
structures on the property and the hazardous substance therein contained; and
WHEREAS, applicable provisions of the Texas Property Tax Code, specifically
Section 34.05(h), permits the city of Euless to recover its costs of environmental
clean up of the property; and
WHEREAS, other applicable provisions of the Texas Property Tax Code, more
specifically Section 34.05(i), further authorize the sale of such property for less than
the market value specified in the judgment of foreclosure or the total amount of the
judgments against the property with the consent of each taxing unit entitled to
receive proceeds of the sale under the judgment; and
WHEREAS, each taxing unit entitled to receive proceeds of the sale under the
judgments have heretofore given consent to the city of Euless, Texas, to acquire
such property upon the terms and conditions hereinabove stated.
Date:
Grantor:
Grantor's Mailing Address:
(including county)
Grantee:
Grantee's Mailing Address:
(including county)
MAY 8, 1998
The City of Euless, Texas
201 North Ector Drive
Euless, Texas 76039
Tarrant County
The City of Euless, Texas
201 North Ector Drive
Euless, Texas 76039
Tarrant County
Consideration:
The sum of One and No /100 Dollars ($1.00) and other good and valuable
consideration to the undersigned paid by the Grantee herein named, the receipt
of which is hereby acknowledged.
Property:
(including any improvements)
All of its right, title and interest in and to that certain real property out of the
A. M. Downing Survey, Abstract Number 415, Tarrant County, Texas, as more
particularly described in Exhibit "A ", hereto, which Exhibit is incorporated
herein by reference as though now set forth in full:
Reservations from and Exceptions to Conveyance and Warranty:
All easements and restrictive covenants of record on the date hereof.
Grantor, for the consideration and subject to the reservations from and
exceptions to conveyance and warranty, grants, sells and conveys to Grantee the
property, together with all and singular the rights and appurtenances thereto in any
wise belonging, to have and hold it to Grantee, Grantee's successors and assigns
forever. Grantor binds Grantor and Grantor's successors to warrant and forever
defend all and singular the property to Grantee and Grantee's successors and assigns
against every person whomsoever lawfully claiming or to claim the same or any part
thereof by, through or under it, except as to the reservations from and exceptions to
conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
THE CITY OF EULESS, TEXAS
By:
Mary Lib Saleh, Mayor
ATTEST:
Susan Crim, CSC, City Secretary
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me by the said Mary Lib Saleh, the
Mayor of the City of Euless, Texas, a Texas home rule city, on this
MAY, 1998.
After Recording Return to:
Bob McFarland
1000 W. ABRAM
ARLINGTON, TEXAS 76013
day of
Notary Public, STATE OF TEXAS
Prepared in the Law Office of:
CRIBBS & MCFARLAND, P.C.
1000 W. ABRAM
ARLINGTON, TEXAS 76013
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Warranty Deed Page 2
EXHIBIT "A"
TRACT I:
Being that same tract of land described in a Deed to D. Lee Gladden and recorded in Volume 9615,
Page 1762, Deed Records, Tarrant County, Texas;
BEGINNING at a 1/2" rebar located at the Southwest corner of said tract, and being the Northwest
corner of a tract of land described as Tract I, A. M. Downen Addition, an Addition to the City of Euless,
Tarrant County, Texas, according to Plat recorded in Volume 388 -84, Page 60, Plat Records, Tarrant
County, Texas, said corner being located on the East line of the Pilgrim Park Addition, an Addition to the
city of Euless, Tarrant County, Texas, according to a Plat recorded in Volume 388 -87, Page 62, Plat
Records, Tarrant County, Texas;
THENCE North 00 degrees 09 minutes 36 seconds West 332.25 feet along the East line of the said
Pilgrim Park tract and the West line of the Gladden tract to a point for corner, said point being the
Northwest corner herein;
THENCE South 89 degrees 38 minutes 36 seconds East 139.10 feet to a found 1/2" rebar for the
Northeast corner herein;
THENCE South 00 degrees 03 minutes 36 seconds East 29.65 feet to a 1/2" rebar found for angle point;
THENCE South 05 degrees 59 minutes 36 seconds East 32.10 feet to 1/2" rebar for angle point;
THENCE South 21 degrees 53 minutes 36 seconds East 41.05 feet to a found 1/2" rebar for angle point;
THENCE South 02 degrees 08 minutes 36 seconds East 231.53 feet to a 1/2" rebar being the Southeast
corner herein, and being located in the North line of a tract of land described in a Deed to Bernice Baker,
recorded in Volume 8085, Page 1063, Deed Records, Tarrant County, Texas;
THENCE South 56 degrees 30 minutes 57 seconds West 51.49 feet to a 5/8" rebar being the Northwest
corner of the said Bernice Baker tract and being located on the East line of the said A. M. Downen tract;
THENCE North 00 degrees 21 minutes 36 seconds West 22.90 feet to a 1/2" rebar, said pin being the
Northeast corner of the said A. M. Downen tract;
THENCE North 88 degrees 38 minutes 36 seconds West 121.04 feet to the POINT OF BEGINNING and
containing 52,860 square feet or 1.213 acres of land, more or less.
TRACT 11:
EASEMENT as created in Easement, dated March 5, 1977, filed March 7, 1977, recorded in Volume 6187,
Page 753, Deed Records, Tarrant County, Texas, in and to the following described property:
BEING a 30 foot wide Easement for Egress and Ingress out of a certain 17.662 acre tract of land surveyed
by J. R. Dunaway in July, 1964, and being out of the A. M. Downing Survey in Tarrant County, Texas, and
said easement is described as follows:
BEGINNING at the Southeast corner of 1.2 acre tract herefore described as follows:
THENCE North 02 degrees 09 minutes West along the East line of said 1.2 acre tract 34.13 feet to an iron
pin for corner;
THENCE North 59 degrees 29 minutes East 66.05 feet to an iron pin for corner;
THENCE South 43 degrees 38 minutes East 151.7 feet to a point for corner in the North line of U. S.
Highway #183;
THENCE Westerly along the North line of said Highway, along a curve to the right having a radius of
1747.37 feet, a distance of 30.8 feet to an iron pin for corner;
THENCE North 43 degrees 38 minutes West 121.0 feet to an iron pin for corner;
THENCE South 59 degrees 29 minutes West 58.5 feet to the POINT OF BEGINNING.
TRACT III:
A tract of land being situated in the Allen M. Downen Survey, Abstract Number 415, City of Euless, Tarrant
County, Texas;
Being that same tract of land described in Sheriff's Deed to the city of Euless, et al, as recorded in Volume
12499, Page 1855, Deed Records, Tarrant County, Texas;
BEGINNING at a 1/2" rebar with yellow plastic cap stamped "Moak RPS 156" found at the Northeast corner
of said city of Euless tract. Said point also being the Northwest corner of Lot 1, Fountain Center Addition,
an Addition to the city of Euless, Tarrant County, Texas, according to the Plat recorded in Volume 388 -128,
Page 21, Plat Records, Tarrant County, Texas, said rebar being located North 89 degrees 56 minutes 40
seconds West 290.92 feet from an 5/8" rebar with cap located on the West right -of -way line of State
Highway 157 (AKA., South Industrial Boulevard);
THENCE along the Westerly line of said Lot 1, South 00 degrees 06 minutes 51 seconds East 249.93
feet to a 1/2" rebar with yellow plastic cap stamped "Moak RPS 156" found at an angle point in said
Westerly line of Lot 1;
THENCE continuing along said Westerly line of Lot 1, South 22 degrees 49 minutes 40 seconds East
128.09 feet to 5/8" rebar found on the Northwesterly right -of -way line of State Highway 10, also known as
West Euless Boulevard, said point being the beginning of a curve concave Southeasterly, having a radius of
5801.65 feet;
THENCE along said Northwesterly right -of -way line of State Highway 10 the following 3 courses:
(1) Along said curve through a central angle of 03 degrees 27 minutes 49 seconds an arc length of
350.71 feet, being subtended by a chord bearing South 64 degrees 30 minutes 15 seconds V,'. t 350.65 feet to
the beginning of a compound curve concave Southeasterly, having a radius of 1839.37 feet, from which a
5/8" rebar found bears North 45 degrees 43 minutes 55 seconds West 0.41 feet;
(2) Along said curve through a central angle of 05 degrees 04 minutes 00 seconds an arc length of
162.66 feet, being subtended by a chord bearing South 60 degrees 14 minutes 20 seconds West 162.60 feet to
a 5/8" rebar found at the beginning of a reverse curve concave Northwesterly, having a radius of 1747.34
feet;
(3) Along said curve through a central angle of 02 degrees 10 minutes 56 seconds an arc length of
66.55 feet, being subtended by a chord bearing South 58 degrees 47 minutes 49 seconds West 66.55 feet to a
5/8" rebar found at the Southeasterly corner of that certain tract of land described in deed to Bernice
Baker as recorded in Volume 8085, Page 1063, Deed Records, Tarrant County, Texas;
THENCE along the Northeasterly line of said Baker tract, North 44 degrees 12 minutes 33 seconds
West 120.88 feet to a 3/8" rebar found at the Northeasterly corner of said Baker tract;
THENCE along the Northwesterly line of said Baker tract, South 59 degrees 30 minutes 57 seconds
West 58.48 feet to a 1/2" rebar said rebar being the Southeast corner of a tract of land deeded to D. Lee
Gladden described in a Deed recorded in Volume 9615, Page 1762, Deed Records, Tarrant County, Texas;
THENCE North 02 degrees 08 minutes 36 seconds West 231.53 feet to a found 1/2" rebar;
THENCE North 21 degrees 53 minutes 36 seconds West 41.05 feet to a found 1/2" rebar;
THENCE North 05 degrees 59 Minutes 36 Seconds West 32.10 feet to a 1/2" rebar;
THENCE North ('r' degrees 03 minutes 36 seconds West 29.65 feet to a found 1/2" rebar; said rebar
being the Northear' corner of said D. Lee Gladden tract and being an interior corner of this tract;
THENCE North 89 degrees 38 minutes 36 seconds West 139.10 feet along the North line of the said
Gladden Tract to point for corner;
THENCE North 00 degrees 07 minutes 36 Seconds West 240.96 feet to a 5/8" rebar being the Northwest
corner herein, located on the South line of the Bell Ranch Terrace Subdivision, according to a Plat recorded
in Volume 388 -S, Page 52, Plat Records, Tarrant County, Texas, said rebar also being located on the North
line of that certain tract of land described in a Deed to Austman - Jones, Inc. as recorded in Volume 4294,
Page 107, Deed Records, Tarrant County, Texas;
THENCE along said North line of Austman- Jones, Inc. tract, North 89 degrees 35 minutes 00 seconds
East 562.26 feet to a 1/2" rebar found at an angle point in said North line of Austman- Jones, Inc. tract;
THENCE continuing along said North line of Austman- Jones, Inc. tract North 89 degrees 56 minutes 40
seconds East 203.79 feet to the POINT OF BEGINNING containing 359,282 square feet or 8.248 acres of
land, more or less.
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