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Res 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