HomeMy WebLinkAboutDeed Eanes 09.01.1933STAVE OF TEXA*
COUNTY OF " N ILLIAMON9
Be it remembered that on tI.-B 14th day of August, A. D. 1933*
tIez City Counsil., of the City of Georgetown, Texas, at a regular
meeting, duly passed and publishea the follovIrg resolution:
"Whereas, by virtue of a riosolution of the City
Council of the City of George tom, Texas, heretofore
regularly passed, tle Mayor of the said City, on
behalf of the said CiV did on the 6th (Lay of July,
As D. 193O, enter into a contract with Willie
Williams et al, for the purchase of th&t certain
tract of L,n(l out of the 11. Porter and As Flores
Surveys in the Williamson County, Texas and known
as "The Uld lair Grounds Tract" and being the tract
of land described in Vol* 220 page 465 of the deed
records of Idilliamscn County,, Texas, for an agreed
cash consideration of 09297.69; the said tract of
land being so purolLsed in order to secure the
said City an additional water supply, and additional
riparian rights, and to thus secure to said City an
ade(.,uite supply of water, and tli�t by reason thereof
it is necessary that the uiiL City arran,,,e for the
payment of the sr: id cash c., ns ideration, when the
first pcArtlez to the 4 Bove mentioned contract .0,all
have exeouteti and. delivered to the said. City a good
and sufficient deeki of conveyance to the said lani
conveying to it a good merolliantable title thereto,
:'ID: , , E M IX4 : I
Be it resolved bzj the City Council of the City
of George tolin, Texasif that for tie puiTose of raising,
the means for the making of the ai id cash payment,,
and for the purpose of payixIg same when due , the
mayor of the said, City is hcare by authorized, empowered,
and (iIreotea, to execute, negotiate, ana sell
nineteen negotiable interest bearing warrants aggregating
the sum of L�7M97*60, each dated 115eptember lst, it, Do
MZI an! each bearing interest from date at the
rate of per anx=i payable annually, interest and
principal payable at Georgetovz,, Texas* The said
.j'arrants to be payable to bearer arA to be negotiable
instruments under the laNv,, axxl to be numbered from
one to nineteen culisecutively, and the first e.itr,*hteen
to be for the stun of a500*00 each and the remaining
warrant to be for the sum of "297*60; the number one
of said series to be cue six, months after date and
each of the remUning warrants in accord with the
numiber thereof shall be due a ix months after the dut
Late of the last preceeding niuylbered warrant, respectively,
Tha t t o s e cure the paymen t o f the sa id warran is and
interest thereon, the said. YLUyor of tte said City is
hereby empowered, authorized and directed to execute
a deed of trust and mortgage lien on in accordance vdth
the terms of Chapter 10114, of the Acts of the Regular
Session of the 42nd, Legislature of Texas, to secure
the payment of the said warrants and. interest thereon,
upon tIv water system and. the sewer system and the
franchise thereof, and upon the revenues thereof,
owned by am bc-lozUing to the said City.
That upon aril after the execution o� the said
warrants am the said mortCae and deed of trust, the
said 1,.,,:uyor sht-,11 sell the said warrants at not less
1
I,han the�r face value aria accrued interest,, and with
r
the proceeds thereof shall peV the said cash
consideration for the said land., then a good and
sufficient deed of conveyance conveying to the said.
City a good merchantable title has been delivered
to him.,,; and
"kI ZELS, by juddment entered in the District Court of
Williamson County , Texas, on the L�&aay of September, A. D.
1933, in Cause No. ��, Willie Willia mm3 on et al. Vs.
the City of Georgetoin, Texas, it is decreed that the said
Millie Williams, et al, have folly corq)lie d with said
contract and have made and tendered to the sraid. City a
conveyance in accordance therewith, conveying to the said
me r eke:, ntable
City a good and sufficienl/title to the said land aricl that
the said City is due and owing to the grantors in the said
conveyance the said sura of %9297,60 in cash; and that for the
purpose of paying the sere the Mayor of the City has arranged,
for the sale of the warrants described in the above resolution,
when the same shall have been issued;
THEM,, RE, blow all men by these presents that the City
of George to w1, Texas, by and through PSI. F. Smith, its dulwy
elected and qur:�lified mayor, for and in consideration of one
dollar to it in hanl paid, the rexeeipt of -vnrhieh is acknowledged,
has granted, bargained, sold, and conveyed and by these presents
toes bargain, grant, and convey unto E. I1, Eanes, trustee, and
his sueoessors in this trust all of the following described
property, lyirie and being situated in the City of Georcetov'n,
Williamson County, Texas, to—wit: All of the water yrork:s
properties anc! system conveyed to the said City by the Georgetown
11ter, Limit and Po,�rer Company, by deed dated December 10th, 19109
and of record in Vol. 142 page 79 of the Deed Records of
Williamson County, Texas, together with all the properties
belon, ing to the said zys tem subsequently acquired by the
said City together with all of the power plants, water rlka.ins,
and %Prater lines in any manner pertaining thereto together with
the franchia e and rights ine ide nt thereto; also all of the
1
sewer plant ary:1 system and properties conveyed to the said
City
b� the Texas
Sewer ComparW by
deed
dated.
April 21st,
19300
and recorded
in Vol. 250 pale
534
of the
Deed
Records of ,illiamson County, Texas, together with all
properties
belonging
to the said
system subsequently acquired
by the said.
City or
subsequently
added. thereto ayd all svvier
mains or
sewer lines in
any m miner pertaining; thereto, tq ether
with the
franchises arrl
rit;hta
incident the re to. And also
all of the revenues and incomes from the said. water works system
and
all of the
revenues and income from the
said. sewer system.
i No
interest
in the light plant or in the
revenues th ere from
is herein conveyed.)
To have anal to hold the said premises unto the said E. H, -
Fans, trustee, his successors or assigns for ever, together with
all and. sis�;u7.ar the- ri,;hts, franchises, tenerrrents, heriditamente,
and Appurtenences thereunto belonging or in anyvrise appertaining,
and. the said. City and its successors or assigns are ex)ressltiy
bound to warrant &n(i forever defend the ti Ue to the said.
properties unto the staid trustee, his successors and his or
their assigns against all persons v�homsoever claiming or to claim
the same or any part thereof.
This conveyance is in trust,however, for the follovring
puri)oses, namely; to better secure the payment of those nineteen
certain vrarrants of ev2n date herewith agg:,ragatina the sun of
$9297.60,
each of
said warrants
bearing interest
frcra date 'at
the rate
of 8;o per
-w m payable
annualy,`
interest and principale
payable at Georgetovn, Texas; each of said vvarrranta are payable
to bearer and are to
be negotiable
instruments
and to be numbered
from one to nineteen
consecutively,
the first
eighteen to be for
the sum of x500.00 each aril the remaining warrant to be -t)r the
sum of $297.60; the warrant number 1 of said series with its
interest shall be due I"areh lst, 1934, and each of the remaining
warrants according to the number of same shill be due six months
after the due date of the last preceecing numbered warrant,
Each of the said warrents provides; "The holder hereof shall
never have the ri6�it to demand payment of this obligation
out of aiV funds raised or to be raised by taxation.a
That this trust is upon the conditions perscribed in
Chapter 314 of the Acts of the 42rd le;islature of Texas and
amendments thereto which shall be considered herewith as (ally
as if copied. herein.
That in makinG payments of the said warrants both as to
principal anl interest the trustee named herein shall be the
truste Tor the holder oathe same and the said warrant shall be
presented to him for payment and payment made by the City to him
for such holder.
Now shall the said bity pay s�tf or cause to be paid the
said. indebtedness according to the terms hereof then this
trust shall cease a'al this conveyance be released by the said
trustee or his successor at the expense of the City, but it
default shall be rade in the payment of the said indebtedness
or the interest thereof when due then the said trustee or his
successor in trust shall be and is hereby authorized and
empowered when requested to do so by the holder of the said
indebtedness or by the holder of any of the aa -ms,, after such
default to sell the said piope rty in whole or in part as may
seem mo st expe client to s uc h t rustee a t public eruct ion f or cash
between the hours of 10 A. P.L. ani 4 o'clock P. iI. on the first
Tuesday in arV month at t le door of the County Court House of
'Williamson County, Texas, after first postinv written notices
thereof for three consecutive weeks prior tri the day of sale
in three publio places in said County one of which shall be
at the uoor of the said Court house and after such sale to make
to the pure'-.aser or purchasers thereof a good axA sufficient deea
of conveyance to the said property and any statement of recital
OIL facts in such deed as to the nonpayment of inuebtednese
hereby secured the existanee of -such indebtedness, notice by
advertising, sale, the receipt of money aril as to the appointment
of substitute trustee as herein provided shall be prim, facie
0
evidence of the truth of such statement or recital and the
trustee shall apply the proceeds of such sale as follows;
first to the payment of all necessary costs and expenses
incident to the execution of the said trust incluaixig a
0 orrimission of 5;'vd' upon the amount- of the pfoo eeds of sale
as compensation to said trustee* Second,, to the peVmtmt of the
said indebtedness then unpaid. Third, the balance if arV
to the said city or its assigns.
In case of the death of the said E. Y, Eans, trustee, -
or his removal from the City of Geo rLetoml Williarason County,
Texas or his refusal or inability for any reason to perform
his trust herein the holder of the said vgrants or any of
them shall ha,, -e the ri,-,ht and. is hereby authorized and
empo,viered to appoint in writing a suitable person resident
in the said City of Georgeto=, Williamson County, Texas,
who shall beacrqe the trustee herein and as the substitute for
the said E. H. Bans in said trust. quid said subs ti°',ute
trustee
shall
thereupon succeed to all
of the ruts
powers
duties
ani
estate hereinbefore granted
and vested in
the
said. L. 11. Bans, tru.2teeo
Witness the e.--,ecution by the City of Ceor-etoim Texas
L> 0 8
through its mayor,, N. F. Smith, this the 1--t day of September,
A. D. 1933*
City of Geo reetoiai,, Texas,
By
I/
Attest: r.U—,Vo 7,
71t'._C_1eVk* U ity 01: Go ori e=o vn
Texas,
STATE, OF MrAS
C,
OU Zi 0'47 ILL S 0 IT
Befon me t 1Z unclersi,-,med office, in ana for the still: Couxity
and State on this day personally a,)peared, 1'. Ye-,-841itho
luiovin to -Jae to be the person whose name is subsorlbed-to- the
foreSoinC instrument and acknowledged t,) me that he executed
the 3 m fo-, the purposes axil cons ideration therein w. -pressed,
and in the capacity therein stated,
0 - t 3
Given under my hand ar-d seal this Se
Notary Public Wm. Co, . Tex�.s*
CI17—r 02
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