HomeMy WebLinkAboutRes 07-73 Accepting Ownership Roanoke IOOF CemeteryTOWN OF WESTLAKE
NO. 07-73
RESOLUTION OF THE TOWN OF WESTLAKE, TEXAS, ACCEPTING
OWNERSHIP AND TRANSFER OF TITLE AND ASSETS TO THE PROPERTY
KNOWN AS THE ROANOKE I.O.O.F. CEMETERY, WHICH IS LOCATED
WHOLLY WITHIN THE TOWN OF WESTLAKE, TEXAS; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Roanoke I.O.O.F. Cemetery (the "Cemetery") plays a vital role
in the history of the Town of Westlake, Texas, (the "Town"); and
WHEREAS, the Towndesires to own, operate, and maintain the Cemetery; and
WHEREAS, the I.O.O.F. Cemetery Association Foundation (the "Owner")
desires to transfer all rights, title and interest in the Cemetery to the Town; and
WHEREAS, the Owner also desires to transfer all Cemetery funds and accounts
to the Town for the purpose of the Town's operation, ownership, and maintenance of the
Cemetery.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS:
Section 1: That all of the above findings are hereby found to be true and
correct and are incorporated into the body of this Resolution in their entirety.
Section 2: That the Town accepts transfer of all rights, title and interest to the
Cemetery through the Warranty Deed attached hereto and incorporated herein as Exhibit
"All.
Section 3: That the Town accepts all funds from the Owner for the purpose of
the Town's operation, ownership, and maintenance of the Cemetery.
Section 4: That the Mayor is hereby authorized to execute any and all
documents necessary to carry out the purposes of this Resolution.
Section 5: That this Resolution is being adopted in accordance with Section
713.009 of the Texas Health and Safety Code.
Section 6: That the terms and provisions of this Resolution shall be deemed to
be severable and that if the validity of any section, subsection, sentence, clause or phrase
of this Resolution shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity of any other section, subsection, sentence, clause or phrase of this
Resolution.
PASSED AND APPROVED ON THIS 12TH DAY OF NOVEMBER 2007.
ATTEST:
utter, TRMC, Town Secretary
2
THE STATE OF TEXAS I
I KNOW ALL MEN BY THESE PRESENTS:
COuNJUS OF TARRANT
AND DENTON
THAT I I O.O.F. Cemetery Association Foundation, (go—niff), for and in consideration of
the Sam of Ten and No/100 Dollars ($10.00) cash in hand paid by the Town of Westlake, Texas,
d laws of the State
.,0,ff0� _,.,�,ating ursuant to the Constitution an -1
of Tom, (Qgpjand other good and valuable consideration, the receipt and sufficiency o
which are hereby acknowledged by Grantor, has GRANTED, BARGAINED, SOLD, and
CONVEYED, and by these presents does GRANT, BARGAIN, SELL, and CONVEY unto
GRANTEE that certain tract of real property situated in Tarrant and/or Denton County, Texas,
described as follows:
All that tract or parcel of land, being 5.57 acres Situated in the Richard Eads
Survey, Denton County, Texas, and being more fully described as follows:
BEGINNING at the SE. comer of the said G. W. Medlin land;
THENCE West with South line 8 10 feet;
THENCE North 300 feet;
THENCE East 810 feet;
THENCE South 300 feet to the place of beginning, containing 5.57 acres
Of land, more or less.
hereditaments, and appurtenances pertaini'L9
to such real property, including any and all improvements and fixtures currently attW1W to and
located thereon (the ftoSer
For the same consideration, Grantor has GRANTED, BARGAINED, SOLD, and
and. CONVEY unto
CONVEYED, and � by these presents does GRANT, BARGAIN, SELL,
Grantee, all interest 4 Grantor, if any, in (1) strips and gores, if any, between the Property and
any abutting prope rties, whether owned or claimed by deed limitations, or otherwise, and
Wo in or under the bed of ariN
creek, stream, or walerway or any TUryrP1T �1-
open or proposed, in, or across, abutfing or adjacent to the Property.
This conveyance is being made by Grantor and accepted by Grantee subject to taxes for
the year 2007, the payment of which Grantee assumes.
TO HAVE AND TO HOLD the Property, together with, all and singular, the rights arfl-
P-pplartenances thereto in anywise belonging, to Grantee and Grantee's heirs, executol
administrators, legal representatives, successors, and assigns forever. Grantor does hereby birn.
Grantor and Grantor's heirs, executors, administrators, legal representatives, successors,
assigns to wamInt and forever defend, all and singular, the Property unto the Grantee
Grantee's, heirs, executors, administrators, legal representatives, successors, and assigns, a i
every person whomsoever lawfully claiming or to claim the same, or any part.thereof
.2007
EXECUTED to be effective the day of
V
A
MUM
By:
C. R_ Fanning, President,'WO.O.F.
Cemetery Association Foundation
BEFORE W, the undersigned authority, a Notary Public in and for said County and
.State, on this day personally appeared C. R- FANNING, President of I.O.O.F. CEMETERY
ASSOCIATION FOUNDATION,-- known to me
01--ci Aw-through (�
OL;,ve,-, �—tc-e-vislff (description of identity card or
other document) 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.
My HAND AND SEAL OF OFFICE, this , (�- day of
GINGER RO
11111 AWIRI
Notary Public, State of Texas
My Commission Expires
September 26, 2010
0 —
NOTAR PUBLI
State of en
'F�
T89 5 8
X, -------
vo tPPSW
IE
AI li
. . .... .....
. .........
------------
--- ---- --- -
�d
.. .........
.....................
F
Id BOO i
i,- T"1 11
'Ove Nool
7-
1,TNI,
N
1+ Tarrant Appraisal District"" 0 100 200 400 600 Boo 1,000 Sep 14, 2009 2096-476
W- *-I-E
S
C.R. Fanning
6308 Edenborough Ct
N Richland Hills, Tx, 76180-8715
Home Phone 817 284 8158
R. J. Kellison
1705 Wynn Terrace
Arlington, Texas 76010
February 20, 2003
Thank you for advising me about your Committee's action of selecting the Roanoke I.O.O.F.
Cemetery Association Foundation to be deeded the 5.57 Acres of land that the Cemetery
occupies.
I secured a certified copy of the deed of record in the Denton County Courthouse this morning,
and am enclosing it in this letter. It spells out the metes and bounds of the cemetery acreage that
was purchased 29 March, 1897 by the Roanoke Lodge I.O.O.F. No. 421. As you will notice,
they did not file it for record until 7 January, 1910.
We appreciate the consideration you and your committee have extended. If more information is
needed, please contact me.
Yours truly,
MENU=!
File copy
THE .STATE OF TEXAS.
KNOW ALL MEN BY THESE PRESENTS:
County o/:._r_/._cx-:z:-
That ...c..<l.�C.-F..._...�-�Ly4J /./..c--e...C.iy. Qisl�--G[/....1./`.CL�yz..x�C�i✓..J:I._..G'�_...>�_::/__.........._....___.._..,...._.
........ U
_..___. of the County of.............._and State aforesaid, in consideration
ofthe' sum of ._... .....__.../ .�G•.: i.�/...,�d...ri!....✓,.fna./ ..Q ............ . . .._ ............. - .............. ....... ....... . _._........................_ DoLLARa, to
.�f C•cQ / ,�/ i�' `��,1�� (5-�f /(�Ozp.�-._..ey1C�%' ���`-'x`- ,2i� o!. Ora �'� %G'D �7 / . e/c!-r (z�<'..-�o.
of the County of.. .y.._ _......and State of........_2.C__SG it 6 :._._._ , the receipt of wbich is hereby acknowledged,
hyp GRANTED, BARSOLD, CONVEYED AND REI. ASZ:D, and by these r.sents do GRANT, BARGAIN SELL, CONVEY AND RELEASE onto the said
.....heirs and asdigns, the following described property, to -wit:. ......
L
%(�XJ ✓t�.�riC�"G(�'(/ j+.-.-(_I�G�/`%"l�Xiji1't_. (,:l �je '�-'f'... _.
l
together with all and singular, the rights, members, improvements, hereditaments and appurtenancestothe same belonging r in anywise appertaining.
TO HAVE AND TO HOLD, All and singular the premises above mentioned, unto the saidv(..-dQ��e�-q�"<t" ."...`�..._.....
./rzz-6- 1L�_,_r...��".� f_r!,'-r1 -1-, -1 _.....__..heirs and assigns, forever i and -crai f _..dGo __. hereby bind
<ZT._e2. J .._. heirs executors and administrators, to WARRANT AND FOREv/ER DEFEND, a11.and amgnlar the said premises unto the said
...__ heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS .� c . .hand ., at. ,ce s;�«rLv?.....:, this... .. _._day of �.:> c (/ ._..._A. D. r r
THE STATE OF TEXAS,
County of
_._ _._. in and for the County of..
on this day personally appeared .:�./��1'...
��'l"L,..G_,t.:.(ft-. = -- ... _ to me well known to be the person..... -
whose name- ...% .-subscr-bed to the foregoing
instrument, and acknowledged to me that x< <._� execute d delivered the same for the purposes and consideration therein
stated. And the said off /
her hu
i �2/� � U...havx{fg been examined by me, privily and apart from her husband, and having the same fully
LG sC %c
explained to her, she, the said �_... / f (C-�.�. t_._-,. �/ �� .acknowledged such instrument to be her act and deed, and declared
that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it.
IN TESTIMONY WHEREOF, I hereunto sign my name and affix the impress of my official seal at my office
th-i�s�J'_.�(."``97/ .day of,l/24...�--•�itif�J
[SEAL]
�.....�AD.8./.,
i
E (..(..c'1
FILED FOR RECORD' the,... _._.day
�� � �f/ ,
of /ii/yj/ _...__.A. D. 19j,0 , at . C o'clock. _ M. Recorded..- .//'r'._.
By-
.__..Deputy. _.__.._.��✓=Z�—c.:1'_-._. �(1._.. _.-s%�..- C_.,�'_—'C� f ..0
Clerk.
.7f.tr{. ti;D CORRECT CO'YI HiRESY CEFi i �FY Utis
CYNTHIA TGHELU COUNTY CLERK
DENTON COU TEXAS
Deputy