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Home My WebLink AboutO-1994-1963 . . ORDINANCE NO. 94-1963 AN ORDINANCE ACCEPTING A DONATION TO THE CITY OF LA PORTE OF LOTS ORE (1) THROUGH THIRTY-TWO (32), BOTH INCLUSIVE, BEING ALL OF BLOCK SEVEN HUNDRED FIFTY-SEVEN (757), TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT OF ALL DELINQUENT TAXES ON THE PROPERTY IN THE APPROXIMATE SUM OF $5,726.40, FROM THE GENERAL FUND; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby authorizes acceptance of a donation to the City of La Porte, of Lots One (1) through Thirty-two (32), both inclusive, being all of Block Seven Hundred Fifty-seven (757), Town of La Porte, Harris County, Texas. The sum of approximately $5,726.40 is appropriated from the General Fund of the City of La Porte, to pay the ad valorem taxes due and owing on said property. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised civil statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the / . contents and post1ng thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . ,ORDINANCE NO. 94- 1963 PASSED AND APPROVED, this By: ATTEST: ~~. Sue Lenes, City Secretary AP~ ~ ~ . ~~:v Knox W. Askins, City Attorney . 24 day of January PAGE 2 , 1994. CITY OF LA PORTE ~~~~-- 'N rman L. lone, '-- Mayor . ,".., ~ .' . P832B41. e . 096~b(-0424 . . ~)/' DEED (WITIlOUT W.ARRA.NTIES) COUNTY OF HARRIS ~ ~ ~ 05/02/94 .00112213 ~832841 . 16.00 THE STATE OF TEXAS WHEREAS, Winifred Busby Hirsch (the "Decedentll) died on January 30, 1990 and her Last Will and Testament dated January 9, 1990 was admitted to probate in Probate Court No.1 of Harris County, Texas under Cause No. 234,441 (the "Will"); and WHEREAS, pursuant to the Will, Gus Block and Michael S. Wilk qualified as Independent Co-Executors of the Estate of Winifred Busby Hirsch (the "Estaie"); and ) WHEREAS, the Estate and Loretta Agnes Fowler (" Fowlerll) each hold the right, title and interest in and to an undivided fifty percent (50%) interest in that certain real property located in Harris County, Texas, as more particularly described on Exhibit "A" attached hereto and incorporated herein by reference; . WHEREAS, the Will provides that the residue of the Decedent's estate, including, without limitation, the ownership in lands, minerals, royalties and mineral rights of whatever nature, located in Harris County, Texas (the "County"), shall pass to certain beneficiaries . thereunder (the" Beneficiaries"); and WHEREAS, the Beneficiaries and Fowler desire to convey their respective undivided right, title and interest in the IIPropertyll (as hereinafter defined) to the City of La Porte, Texas and the Beneficiaries have directed the Estate by written instrument so to convey the right, title and interest of the Estate in and to the Property; WHEREAS, Loretta Agnes Fowler, in her individual capacity, and Gus Block and Michael S. Wilk, in their capacities as Independent Co-Executors of the Estate, pursuant to the directions of the Beneficiaries, desire to document the transfer of all of Fowler's and the Estate's right, title and interest in and to the Property to the City of La Porte, Texas. NOW, THEREFORE, for Ten and No/loo Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Gus Block and Michael S. Wilk, . in their capacities as Independent Co-Executors of the Estate of Winifred Busby Hirsch, Deceased, and Loretta Agnes Fowler (collectively the "Granton") have granted, sold and / -./ conveyed and by these presents do grant, sell and convey unto the City of La Porte, Texas (the I j./ "Granteell) all of Grantors' right, title and interest (whether legal or equitable) in and to (i) that certain real property more particularly described on the attached Exhibit "A", which is incorporated in this Deed for all p~rp~ses; (ii) all buildings, improvements, fixtures and all other ,. P:\02740652.DOC e e 096~b7~0425 property of every kind and character and description, if any, located on or attached to such land; and (Hi) all privileges and appurtenances pertaining thereto including any right, title and interest of Grantors in and to the adjacent streets, alleys and rights-of-way (such land, improvements and other property being collectively referred to as the "Property"). To have and to hold all of Grantors' right, title and. interest in and to the Property, together with all and singular the rights and appurtenances belonging in any way to Grantors' right, title and interest in and to the Property unto the Grantee, Grantee's successors and assigns. This conveyance is made and accepted subject to any and all valid and existing easements, rights of way, prescriptive rights, licenses, leases, mechanic's and materialman's liens (both constitutional and statutory), and rights of parties or tenants in possession, whether of record or not; all presently recorded liens, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, that affect the Grantors' right, title and interest to Property; rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; all rights, obligations, and other matters emanating from and existing by reason of the creation, establishment, maintenance, and operation of any municipal and/or other governmental districts, agencies, and/or authorities; taxes for the current and all prior years, including all delinquent ad valorem taxes affecting the Property, the payment of which Grantee hereby expressly assumes; and subsequent assessments for the current and prior years due to change in land usage, ownership, or both, the payment of which Grantee hereby expressly assumes. . This conveyance is made without covenants, representations or warranties of any kind, express, implied or statutory, including, without limitation, those implied covenants described in Section 5.023 of the Texas Property Code. By accepting this conveyance, the Grantee agrees to assume liability for and be responsible for the payment of all ad valorem taxes and assessments on the Property that may now exist or exist in the future. GRANI'EE ACKNOWLEDGES AND AGREES J:HAT GRANTORS HAVE NOT MADE, DO NOT MAKE AND SPECIFICALLY NEGATE Aim DISCLAIM ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITI'EN, PAST, PRESENT, OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR CONDmON OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE . SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVmES AND USES WHICH GRANI'EE MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO P:\02740lSS2.DOC 2 e .096:':67::-0426 THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF mE PROPERTY, OR (II) ANY OTHER MAlTER WITH RESPECT TO THE PROPERTY. SPECIFICALLY, GRANTORS HA VE NOT MADB, DO NOT MAKE AND DISCLAIM ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION ORLAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING WHETHER THE PROPERTY OR ITS USE IS COVERED OR RESTRICTED AS WETLANDS, THE DISPOSAL OR EXISTENCE IN OR ON THE PROPERTY OF SOLID WASTE, AS DEFINED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40. C.F.R., PART 261, OR THE DISPOSAL OR EXISTENCE IN OR ON THE PROPBRTY OF ANY HAZARDOUS SUBSTANCE, AS DEFINED BY THE COMPREHENSIVE ENVlROmtENT AL RESPONSE COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, AND REGULATIONS PROMULGATED THEREUNDER. GRANTEE ACKNOWLEDGES AND AGREES mAT. TO mE MAXIMUM EXTENT PERMfITED BY LAW THE CONVEYANCE OF GRANTORS' RIGHT, TITLE AND INTEREST IN AND TO mE PROPERTY IS MADE ON AN "AS IS" CONDmON AND BASIS WITH ALL FAULTS. The individuals signing as Independent Co-Executors of the Estate are signing in their fiduciary capacities, and not individually, and they shall have no personal liability hereunder. EXECUTED this (riA day of April, 1994. GRANTORS: THE ESTATE OF WINIFRED BUSBY HIRSCH, DECEASED By: ~ EJff'k Gus Block, Independent Co-Executor By: \k.A.~~ ~ Michael S. Wilk, Independent Co-Executor ~~./~~~- Lofe ta Agnes Fowle P:\027405.52.DOC 3 (if ) f.rJ O' I~ I ,.../ Ff luv ,I. , e e 096:'b7~042l AGREED TO AND ACCEPTED BY: City of La Porte, Texas By:Q~ T.~ Name: 1(.obc.;T T. "e'f('c.Y'"~ Title: c\~. YV\t>.v()..~eY"' Robert T. Herrera City Manager mE STATE OF TEXAS fi ~ COUNTY OF HARroS fi Thi. in.trument was acknowledged before me on this '/' day of ~ . 1994 by Gus Block, as Independent Co-Executor of the Estate OfWinifred Busby . sch, Deceased. Seal: THE STATE OF TEXAS fi fi . COUNTY OF HARRIS ~ " . This instrument was acknowledged before me on this ~~;t-\\.. day of ~~-\.~....c , 1994 by Michael S. Wilk, as Independent Co-Executor of the Estate of Winifred Busby Hirsch, Deceased. No Seal: ~~.,.., ~~. .( ~ ~. I....'.'L.~ ~ ('.~c~: '( f~/. "" '.,~_.,..."", ~ ':~ 't;s.~ CYNTHIA G. McKIM NOIIIJ Public, Slale 01 TexIS M, Commission Expires 9/17/96 P:\027406S1.DOC 4, : .... e e 096~bl:-n42B THE STATE OF TEXAS ~ ~ COUNTY OF HAJaUS G This instrument was acknowledged before me on this 2 day of 1994 by Loretta Agnes Fowler, individually. ~ d--x~ Notary Public, State of Texas . .,....;",..,'.,1",,,;. ",. . "'1'. g <;~;~:;~~~~>:::;?\ .. . :. ....: '("...., ...; ." : : ", . .~:. I' .. ,~,' I:;'.: ' .:-'" '. ("0. '-:' .- :..: , \>,.C~'::;:.:':;~~'}~<. J. ""'~I:'U 1'\ '. Seal: THE STATE OF TEXAS COUNTY OF HARRIS ~ G G This document was acknowledged before me on the r2 1+( day of f! /JI-i / 1994, by Robert T. Herrera, City Manager, on behalf of said City of La Porte. ~-e~:dtu Notary ublic, State of exas Seal: I~~~~~~~~~ :'#~:~" CAROl BUTTlER ;*: * :*: NOTMY ~ " ", ..: sv.n: OF mcAS '~:~',#!" COMMISSION EXPIRES 08-11.97! OOOOClOOOcooaC'OC'OOO!;oOC'OeQ'>Oooooeooo ADDRFSS OF GRANTEE: City of La Porte, Texas P.O. Box 1115 La Porte, Texas 77572 MTI:!X RECORDING PLEASE RETURN TO: ~ ASKINS & ARMSTRONG, P.C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORTE, TEXAS 77572.1218 P:\0'l740652.DOC 5 ... .... ... e EmmIT lIA" e Og6~br~042g All of Block 757 of Town of La Porte, in Harris County, Texas. ~ FI LED FOR RECORD 8:00 AM MAY 2 1994 ~4~ County Clerk, Harris County, Texas Nit 1'J'll\"Slll/t II( 1'f'\"tlil\:I!C.;.sl:S:~ ,:ra"IUIIlICIS FIlE SAl dtufNST ATE OF ~~~JI$IIIVAlIDM~~8:cm Dr llfEDESCIlIllED 11(, 'TV OF HI\RRIS 1F.III1IN.II,rDEIfA/.U hereby ce,n Seguence 'z tha, this instr ~~~;$R~~:~~~;:;11.f1,f,M~' 1~~W~W!~;;~:'~Rn;C}'I~:; ::3'w~: el Property 0' f~A Y 2199.1 .~...~/,../ ~~ - .C~. . _ ::::::::: / .4" . ...._~ COt;-:Vr\. CLeRK' ~ HARRIS COUNTY , TEXAS P:\a274065l.DOC e e ASKINS & ARMSTRONG. P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 121B LA PORTE. TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG TELEPHONE 7/3 47'-'886 TELECOPIER 713 471-2047 May 12, 1994 Harris county Appraisal District ATTENTION: NAME/ADDRESS CHANGE P.O. Box 920975 Houston, TX 77292-0975 Re: All of Block 757, Town of La Porte, Harris County, Texas. Gentlemen: I represent the city of La Porte, a municipal corporation, which has acquired the property described on the attached deed. Please render this property in the name of the City of La Porte, and place on the tax rolls as EXEMPT from taxation. Thank you for your kind assistance in this matter. Yours very truly, Knox W. Askins City Attorney city of La Porte KWA: sw Enclosure cc: Mr. Robert T. Herrera city Manager City of La Porte P.O. Box 1115 La Porte, TX 77572 e . ASKINS & ARMSTRONG. P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORTE. TEXAS 77572-1218 KNOX W. ASKINS .JOHN D. ARMSTRONG TELEPHONE 7/3 471-1886 TELECOPIER 713 471-2047 May 12, 1994 Mr. Robert T. Herrera city Manager City of La Porte City Hall La Porte, Texas Re: Lots 1-31, being all of Block 757, Town of La Porte, Harris County, Texas Dear Bob: I am pleased to enclose for the City's permanent'real estate files, original Deed (Without warranties) from Winifred Busby Hirsch, et aI, to the City of La Porte, dated April 8, 1994, which has been recorded under Harris County Clerk's file No. P832841. Yours very truly, Knox w. Askins City Attorney City of La Porte KWA: sw Enclosure