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Ord. 03-31-1967 - deed to Chapman, Olmstead, & Calhoun, 10 ac., truck service center• • WHEREAS, by ordinance duly passed by the City Council of the City of Huntsville, Texas, at a meeting thereof on the 31st day of March, 1967, the Mayor, on behalf of the City of Huntsville was authorized to execute and deliver a deed to E. B. Chapman, Ellis L. Olmstead and John S. Calhoun to a certain 10 acres of land, more or less, situated in the Warren Birdsell Survey, Abstract No. 6, in Walker County, Texas; and WHEREAS, pursuant to said ordinance, the City of Huntsville, Texas, acting by and through its Mayor, A. J. Beckham, did execute and deliver a deed, dated April 3, 1967, conveying to E. B. Chapman, Ellis L. Olmstead and John S. Calhoun the following described land situated in Walker County, Texas, to -wit: Being 10 acres of land situated in the Warren Birdsell Survey, Abstract No. 6, in Walker County, Texas, a part of a 630 acre tract described in a deed from the Texas Prison Board to the City of Huntsville, Texas, dated November 19, 1945, and recorded in Volume 112, Page 55 of the Deed Records of Walker County, Texas, subject to the mineral reservations and restrictions pertaining thereto, hereafter set out, the said 10 acres is further described by metes and bounds as follows: BEGINNING at the intersection of the west line of a 319 acre tract allocated for airport use by the City of Huntsville with the north right-of-way line of U. S. Highway No. 75; THENCE N 72 deg. 44' W with the north right-of-way line of U. S. Highway No. 75, 234.1 feet to a concrete monument set for the inter- section of the north right-of-way line of U. S. Highway No. 75 and the north right-of-way line of interstate Highway 45; THENCE N 60 deg. 26' W with the north right-of-way line of Interstate Highway 45, 321.4 feet to a concrete monument at an angle point in said north right-of-way line of Interstate No. 45; • THENCE N 52 deg. 20' W 128.6 feet to a stake in the north right-of-way line of Interstate highway 45; THENCE N 6 deg. 15' E 561.5 feet to stake for corner; THENCE S 83 deg. 45' E 634.4 feet to stake for corner in the west line of the above mentioned 319 acre tract allocated for airport use; THENCE S 6 deg. 15' W with the west line of said 319 acre tract 780.7 feet to the Place of Beginning, containing 10 acres of land. said deed having been recorded in Volume 205 at Page 560 of the Deed Records of Walker County, Texas; reference to said deed and the record thereof is hereby made for all purposes; and WHEREAS, the above described deed from the City of Huntsville, Texas, to E. B. Chapman, Ellis L. Olmstead and John S. Calhoun contains an exception of all of the oil, gas and other minerals in, on and under the land conveyed thereby, and various covenants concerning said land; and WHEREAS, the said E. B. Chapman, Ellis L. Olmstead and John S. Calhoun have applied to lending institutions for loans to finance the construction of a truck service center on the above described land and said lending institutions have requested that an ordinance be passed by the City of Huntsville, Texas, concerning the mineral exception and covenants contained in the above described deed: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1. It is hereby acknowledged that construction on the truck service facilities on the above described premises was begun within 90 days from March 31, 1967, as was required by the above described deed and that said construc- tion has continued without interruption from commencement until and including the date of this Ordinance. Section 2. The City of Huntsville, Texas, as owner of an undivided interest in and to the oil, gas and other minerals in and under the above described land hereby agrees that it will not exercise, either by its own actions or through a lessee, assignee or otherwise, any rights it may have, as owner of said mineral interest, to the use and occupancy of the surface of the above described land; provided, however, that nothing contained herein shall be construed as prohibiting the City of Huntsville and any successors to its mineral interest in the above described land, from exercising all rights of an owner of a mineral interest except those pertaining to the use and occupancy of the surface, and the City of Huntsville hereby expressly retains the right to execute oil, gas and mineral leases covering all or part of the above described land, to include all or part of said land in units with surrounding land and to drill wells which bottom under said land through directional drilling operations from surface locations elsewhere. Section 3. Consent is hereby given to E. B. Chapman, Ellis L. Olmstead and John S. Calhoun to transfer title to the above described tract to Bonded, Inc., a Texas corporation, provided, that the said Bonded, Inc.,shall be bound by all the covenants and conditions set out in the aforementioned deed from the City of Huntsville to E. B. Chapman, Ellis L. Olmstead and John S. Calhoun and the Ordinance authorizing said deed, as said covenants and conditions are modified and altered by this Ordinance. • • Section LI-. The limitations and covenants contained in the aforementioned deed from the City of Huntsville to E. B. Chapman, Ellis L. Olmstead and John S. Calhoun and the Ordinance authorizing said deed, shall not restrict the right of any owner of the above described land to mortgage its interest in said land and any improvements situated thereon, and the transfer thereof to any Trustee under any trust indenture or deed of trust executed in connection with any such mortgage shall not be considered a transfer of title, nor shall any Trustee by reason of any such assignment become obligated in any manner by any of the covenants and conditions contained in said Ordinance and deed. The provisions of said Ordinance and deed concerning the transfer of title to the above described land shall not apply to the judicial fore- closure sale held in enforcement of any such mortgage nor to a sale by any Trustee or Mortgagee under the terms of any such mortgage, trust indenture or deed of trust in the exer- cise of the powers of sale thereunder. The purchaser of all or any part of the above described land at any judicial fore- closure sale or other sale by any Trustee or Mortgagee shall not be bound by the covenant in said Ordinance and deed restricting the use of said land to a truck service center, nor by the covenant in said Ordinance and deed requiring the consent of the City Council of Huntsville to the transfer of title to said land. Passed by unanimous vote by the City Council of Huntsville this llth day of July, 1967. ATTES giCWARI CITY OF HUNTSVILLE, TEXAS BY: THE STATE OF TEXAS, 1 COUNTY OF WALKER. i : BEFORE ME, the undersigned authority, on this day personally appeared A. J. RPCKAHM, Mayor, knDwn 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 consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this July, 1967. 0., ' "0 .4•P' '00... ........,.. *;... '..0. ::, :::‘ , , 1 1,,...., ,,r,...- , - -- ,<7..,, ,NOTARY P WALKER COUNTY, TEXAS .