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<br />ORDINANCE NO. 20~- J/1(pf <br /> <br />AN ORDINANCE AUTHORZING AND APPROVING CONVEYANCES OF DRAINAIGE AND <br />SEWER EASEMENTS FROM 65 LA PORTE, LTD. AND BAYFOREST RANCH, LTD.; <br />AND APPROVING ABANDONMENT OF WATER AND WASTEWATER EASEMENT TO 65 LA <br />PORTE, LTD. AND BAYFOREST RANCH, LTD., SUCCESSORS IN INTEREST TO <br />BEN F. WEEMS, STURGIS & COMPANY, AND J. P. MORGAN CHASE BANK; <br />CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; <br />FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN <br />EFFECTIVE DATE HEREOF. <br /> <br />Whereas, it is in the public interest and necessary to the <br />public health of the City of La Porte, Texas (nCity") to obtain six <br />(6) water and wastewater easements on property owned by 65 La <br />Porte, Ltd. and Bayforest Ranch, Ltd., and being developed for <br />residential use, known as Lakes at Fairmont Greens ("Property") <br /> <br />Whereas, due to the proposed dedication of six (6) water and <br />wastewater easements by 65 La Porte, Ltd. and Bayforest Ranch, Ltd. <br />for the development of Property, there is no longer a public <br />necessi ty for the continued use of two (2) nearby water and <br />wastewater easements previously conveyed to the City of La Porte by <br />Ben F. Weems, Sturgis & Company, and J.P. Morgan Chase Bank. <br /> <br />Whereas, the City and 65 La Porte, Ltd and Bayforest Ranch, <br />Ltd., (and as successors in interests to Ben F. Weems, Sturgis & <br />Company, and J.P. Morgan Chase Bank), have collectively agreed on <br />the exchange of easements, where by the City receives easements <br />from 65 La Porte, Ltd and Bayforest Ranch, Ltd., and abandons <br />easements to 65 La Porte, Ltd and Bayforest Ranch, Ltd. {as <br />successors in interest to the previous owners, Ben F. Weems, <br />Sturgis & Company, and J.P. Morgan Chase Bank); <br /> <br />Whereas, the fair market value of the easements to be <br />dedicated to the City is approximately the same as the fair market <br />value of the easements to be abandoned and released by the City; <br />and <br /> <br />Whereas, the City is authorized by the Texas Local Government <br />Code to exchange easements without obtaining an appraisal and <br />without notice and bidding; <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY <br />OF LA PORTE: <br /> <br />Section 1. Findings of Fact. The findings of fact and recitations <br />set out hereinabove are found to be true and correct and are hereby <br />adopted by the City Council of La Porte and made a part hereof for <br />all purposes as findings of fact. <br />