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HomeMy WebLinkAboutRES 1993-020 �� RESOLUTION NO. 93-20 � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS APPROVING AND AUTHORIZING THE EXCHANGE OF A 1 .025 ACRE TRACT OWNED BY THE CITY FOR A 2.025 ACRE PIECE OF PROPERTY (TWO TRACTS) PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 272.001; FINDING THAT ALL LEGAL PREREQUISITES HAD BEEN SATISFIED AND THAT THE TRACTS THE CITY IS TO RECEIVE IN EXCHANGE FOR ITS 1 .025 ACRE TRACT ARE AT LEAST EQUAL IN VALUE TO THE VALUE OF THE CITY'S 1 .025 ACRE TRACT; AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL WARRANTY DEED TO JOE L. WRIGHT FOR AND UPON RECEIPT OF CONVEYANCE OF TWO (2) TRACTS CONTAINING A TOTAL OF 1 .025 ACRES; AND DECLARING AN EFFECTIVE DATE WHEREAS, the City has determined that a 1 .025 acre tract owned by the City ("City Land") and described by metes and bounds in Exhibit "A" is not needed and is �'� considered surplus land; and �• WHEREAS, the City has expressed a desire to exchange said City Land for a tract or tract that has a value at least equal to the City Land; and WHEREAS, pursuant to Texas Local Government Code Section 272.001 , the City advertised for the exchange of said City Land; and WHEREAS, one bid was received from Joe L. Wright offering to convey two (2) tracts containing a total of 2.025 acres in exchange for the City Land (said land hereinafter referred to as the "Wright Tracts") and described in Exhibit "B" that is attached hereto and incorporated herein; and WHEREAS, it has been determined that the Wright Tracts are at least equal in value to the City's tracts and the City does desire to effectuate the proposed trade. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: � Section 1 . That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. � Section 2. That the Mayor is hereby authorized and directed to execute a special warranty deed conveying the City Land to Joe L. Wright upon receipt of a � ; special warranty deed approved as to form by the City Attorney conveying the Wright Tracts to the City. ,�, Section 3. That this resolution shall take effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of May , 1993. APPROVED: i iam . ate Mayor ATTEST: � � � Lin a Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney � � 2 n `r ���� �xr+ieir.�.. To -� Page __..L.__ of --!�— �,.� CITY OF GRAPEVINE PROPERTY Being a 1.025 acre tract of land in the A. Foster Survey, Abstract No. 518 situation in the City �r of Grapevine, Tanant County, Texas and being a portion of that certain tract of land as described in Tarrant County, Texas and being more particularly described as follows: Beginning at a "Y" found cut in concrete from which a steel fence corner post bears S 83'S2'16" W corner of that certain tract of land as described in deed to Joe L. Wright as recorded in Volume 6182, Page 653 D.R.T.C.T. Thence S 12'38'36" W along the westerly right-of-way line of Scribner Street (50' R.O.W.) 97.92 feet to a 6/8" iron pin set at the Point of Curvature of a circular curve concave to the east having a central angle of 148'OS'36", a radius of 51.00 feet and a chord bearing of 20'S1'28" W; f Thence along said curve and continuing �long said westerly right-of-way line in a southerly and southeasterly direction 131.82 feet to a 6/a" iron pin set at the Point of Reverse Curvature of a circular curve concave to the southwest having a central angle of 53'07'48", a radius of 79.00 feet and a chord bearing of S 26'37'26" E; ,i Thence along said curve in a southeasterly direction 73.26 feet to a 6/8" iron pipe set at a Point '� � of Tangency: � Thence N 82'32'lU" W, 326.27 feet to a 6/a" iron pin set: � . Thence N 00°03'16" W, 91.70 feet to a nail set in concrete at the southwest corner of that certain tract of land as described in deed to Joe L. Wright as recorded in Volume 6182, Page 653 D.R.T.C.T.: Thence N 89'41'44" E along the south line of said Wright tract 105.00 feet from which a steel fence post bears S 29'S5'27" E 0.89 feet: t Thence N 64'33'44" E continuing along said south line 269.40 feet to the Point of Beginning and containing 44.653 square feet or 1.025 acres of land. EXHIBIT "A" � � � ; � ,„.. � �,,, SPECIAL WARRANTY DEED STATE OF TEXAS § � § COUNTY OFTARRANT § � THAT THE CITY OF GRAPEVINE, TEXAS, located principally in the County of Tarrant and State of Texas, hereinafter called Grantor, for an in consideration of the conveyance and trade of property described in a deed from Grantee, a copy of which is attached and labeied Exhibit "B" and other good and valuable consideration the receipt and sufficiency of which is hereby acicnowiedged had GRANTED, SOLD, AND �t� CONVEYED, and by these presents does hereby GRANT, SELL, AND CONVEY UNTO JOE L. WRIGHT, herein cailed Grantee (whether one or more), of the County of � Tarrant and State of Texas, all of the following described real property in Tarrant County, Texas, to wit: all of that lot, tract and parcel described in Exhibit "A" which is attached hereto and incorporated herein. The following reservations from and exceptions to this conveyance and the warranty made herein shall apply: � SPECIAL WARRANT DEED - PAG� ONE OF FOUR � �<;� (1) All easements, rights-of-way and prescriptive rights whether of record � or not, pertaining to the herein described real property; (21 All valid oil, gas and mineral rights, interests or leases, royalty reservations, mineral interests and transfers of interest of any character, in the oil, gas or minerals of record in Tarrant County, Texas, pertaining to the herein described real property; (3) All restrictive covenants,terms, conditions, contracts, provisions,zoning ordinances and other items of record in Tarrant County, Texas pertaining � to the herein described real property; � (4) All presently recorded instruments (other than liens and conveyances by, through, or under the Grantor) that affect the property; (5) Taxes and assessments for the current year, prorated from the time of closing, and subsequent years, the payment of which Grantes assumes; and subsequent assessments for this and prior years due to change(s) in land usage, ownership, o� both, the payment of which Grantee assumes. SPEClAL WARRANT DEED - PAGE TWO OF FOUR � � �a� - � (6) Subject property shall not be used for any form of arcade, game parlor, � pool hall, adult book store, adult movie facility, sexually oriented business, night ciub, disco, cabaret, lounge, or bar or any uses included within the above-re#erenced establishments; (7) Any and all, if any, environmental considerations or requirements. TO HAVE TO HOLD the above described premises together with all and singular rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns to warrant and forever defend all and singular premises unto '""��` the said Grantee, and its successors and assigns forever; and Grantor does hereby '� bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under the Grantor, but not otherwise. WITHOUT L1MITING THE FOREGOING WARRANTY OF T1TLE, GRANTOR MAKES NO WARRANTIES OR REPRESENTATIONS, ORAL OR WRITTEIV, EXPRESS OR IMPLIED, CONC�RNING THE CONDITION OR VALUE OF THE PROPERTY HEREiN � SPEC�AL WARRANT DEED - PAGE THREE OF FOUR � �� DESCRtBED, OR THE IMPROVEMENTS LOCATED THEREON (IF ANY), INCLUDING, � BUT NOT LIMITED TO, ANY WARRANTY OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. GRANTEE HAS CAREFULLY iNSPECTED THE PREMISES, AND BY THE ACCEPTANCE OF THIS DEED, ACCEPTS THE PROPERTY "AS IS" AND "WHERE IS" IN ITS PRESENT CONDITiON. Executed this 18th day of May 1993. THE CITY OF GRAPEVINE """" B Y� Wiiliam D. Tate, Mayor MAILING ADDRESS OF GRANTEE: Joe L. W�ight 601 W. Wall Grapevine, Texas 76051 � SPECIAL WARRANT DEED - PAGE FOUR OF FOUR � �lc�:�l�� � SPECIAL WARRANTY DEED � STATE OF TEXAS § § �„ COUNTY OF TARRANT § THAT Joe L. Wright, an individual of the County of Tarrant and State of Tegas, hereinafter called Grantor, for and in consideration of the conveyance and trade of property described in a deed from Grantee, a copy of which is attached and labeled Eghibit "B" and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged had GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT, SELL AND CONVEY UNTO the City of Grapevine, Tarrant County, Tezas, a home rule city, of all of the following described real property in Tarrant County, Tezas, � to wit: � all of that lot, tract and parcel described in E$hibit "A" which is attached hereto and incorporated herein. The following reservations from and egceptions to this conveyance and the warranty made herein shall apply: (1) All easements, rights-of-way and prescriptive rights whether of record or not, pertaining to the herein described reai property; (2) All valid oil, gas and mineral rights, interests or leases, royalty reservations, mineral interests � v�r 1024X/83 and transfers of interest of any character, in the � oil, gas or minerals of record in Tarrant County, Tezas, pertaining to the herein described real � property; (3) All restrictive covenants, terms, conditions, contracts, provisions, zoning ordinances and other items of record in Tarrant County, Tegas pertaining to the herein described real property; {4) Al1 presently recorded instruments (other than liens and conveyances by, through or under the Grantor) that affect the property; {5) Tazes and assessments for the current year, prorated from the time of closing, and subsequent �� years, the payment of which Grantee assumes to the eztent legally assessable; � (6) Subject property shall not be used for any form of arcade, game parlor, pool hall, adult book store, adult movie facility, sezually oriented business, night club, disco, cabaret, lounge or bar or any uses included within the above-referenced establishments; (7) Any and all, if any, environmental considerations or requirements . TO HAVE TO HOLD the above described premises together with all and singular rights and appurtenances thereto in � anywise belonging unto the said Grantee, its successors and � -2- 1024X/84 assigns to warrant and forever defend all and singular premises � unto the said Grantee, and its successors and assigns forever; � and Grantor does hereby bind Grantor and Grantor ' s successors and assigns to WARRANT and FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under the Grantor, but not otherwise. WITHOUT LIMITING THE FOREGOING WARRANTY OF TITLE, GRANTOR MAKES NO WARRANTIES OR REPRESENTATIONS, ORAL OR WRITTEN, EXPRESS OR IMPLIED, CONCERNING THE CONDITION OR VALUE OF THE PROPERTY HEREIN DESCRIBED, OR THE IMPROVEMENTS LOCATED THEREON (IF ANY) , INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF �. HABITABILITY, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. GRANTEE HAS CAREFULLY INSPECTED THE PREMISES, AND BY THE � ACCEPTANCE OF THIS DEED, ACCEPTS THE PROPERTY "AS IS" AND "WHERE IS" IN ITS PRESENT CONDITION. EXECUTED this 18th day of MaY , 1993 . JOE L. WRIGHT �- Joe L. W ght Subscribed and sworn to before me this �th day of June , 1993 . MAILING ADDRESS OF GRANTEE: CITY OF GRAPEVINE, TEXAS Not y Public 413 South Main Street �,., P. 0. Box 95104 Grapevine, Texas 76051 . . - a�.4A""�b^.r� -3- ,-;�..:., r,-....�.." , �Rt3T#i� A Cn5GR0UE !.� �-'1.�`)�� NO�ARY PUBLIC < �`"""' ',"'� '��' '`,' �ta±e of Texas ��::.%� Camm. Ex � a• Q9-_8•93 1024X/85 JOE L. WRIGHT PROPERTY EXHIBIT � TO d�,�e�� po3 oZ c� Page -/— of ._..L.-- TRACT #1 ' Being a 1 A25 acre tract of land in the A. Foster Survey, Abstract No. 518 situated in the City of �' Grapevine and being that certain tract of land as described indeed to Gene R. Lasseter as recorded in Volume 4091, Page 494 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: • �rw Being at a fence post in concrete at the northwest corner of said Lasseter tract and being in the southwest corner of that certain tract of land as described indeed to the City of Grapevine tract 407.00 feet to a PK Nail set in asphalt; Thence N 87'33'43" E along the south of said City of Grapevine tract 407.00 feet to a PK Nail set in asphalt; Thence S 00'08'19" W, 130.00 feet to a PK Nail set in asphalt; Thence N 89'O1'33" along the south line of said Lasseter tract at 9.00 feet passing a 1/z" iron pin found and continuing in all 110.23 feet to a lh" iron pin set; Thence S 89'S0'00" W, 222.00 feet to a '/z" iron pin found at the southwest corner of said Lasseter tract and being in the east line of that certain tract of land as described in deed to Marvin C. Dearing as recorded in Volume 2971, Page 192 D.R.T.C.T.; Thence N 33'37'00" W along the east line of said Dearing tract 133.84 feet to the Point of Beginning and containing 44,653 square feet or 1.025 acres of land. � TRACT �f2 Being a 1.000 acre tract of land in the G.B. Knight Survey, Abstract No. 898 situated in the City of �' Grapevine, Tarrant County, Texas and being a portion of that certain tract of land as described in deed to Joe L. Wright as recorded in Volume 10697, Page 0758 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: Beginning at a 1/2" iron pin found at the northeast corner of Lot 32, Block 4 of Carriage Glen an addition to the City of Grapevine as recorded in Cabinet A, Slide 1176 of the Plat Records of Tarrant County, Texas; Thence S 71� 15' 41" W along the north line of said Block 4 a distance of 100.33 feet to a 1/2" iron pin set; Thence N 03� 24' 30° W, 549.48 feet to Bear Creek; Thence along the meanders of Big Bear Creek the following bearings and distances: S 22� 50' 00" E, 89.08 feet; S 58� 00' 00" E, 48.00 feet; N 870 40' 00" E, 21.74 feet; S 13� 41' 31" E, 35.14 feet to a steel rod on the south bank of Big Bear Creek and being in the east ' line of said Wright tract and being the west line of Parr Park; i � Thence S 03� 24' 30" E along said west line of Parr Park 376.15 feet to the Point of Beginning and containing 43,560 square feet or 1.000 acres of land. � EXHIBIT "B"