HomeMy WebLinkAboutO-1995-2043
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ORDINANCE NO. 95-2043
AN ORDINANCE APPROVING AND AUTHORIZING THE SALE AND CONVEYANCE BY
THE CITY OF LA PORTE OF A PORTION OF LOT 5, BLOCK 3, SHADY RIVER
SUBDIVISION, SECTION 2, BARRIS COUNTY, TEXAS, TO ROBINSON CAPEN AND
WIFE, MARIAN V. CAPEN; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City of La Porte has previously acquired title
to Lot 5, Block 3, Shady River, section 2, Harris County, Texas,
for public utility purposes.
The City of La Porte has since
determined that a portion of said Lot 5 is no longer needed by the
City of La Porte for public utility purposes, and may be offered
for sale. The City of La Porte has entered into an agreement with
Robinson Capen and wife, Marian V. Capen, for the sale and purchase
of said portion of said Lot 5, for a cash sales price of $5,380.32.
section 2. The City Council hereby approves and authorizes
such agreement, and the City Manager is hereby authorized to
execute a special warranty deed in form attached to this ordinance
as Exhibit "A", incorporated by reference herein, and made a part
hereof for all purposes. The city Secretary is hereby authorized
to attest to all such signatures and to affix the seal of the City
to such special warranty deed.
section 3. 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, Chapter 551, Texas Government
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ORDINANCE NO. 95- 2043
PAGE 2
Code; 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 posting thereof.
section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of September, 1995.
By:
CITY OF LA PORTE
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Mayor
ATTEST:
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Sue Lenes,
City Secretary
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EXHIBIT A
0.2470 Acre Tract out of Lot 5, Block 3; Shady River Subdivision, Section 2
A 0.2470 acre parcel out of Lot 5, Block 3; Shady River, Section 2, a subdivision of
27.47 acres in the W.P. Harris Survey A-3D, Harris County, Texas, according to the plat
recorded in Volume 114, Page 62 of the Map Records of Harris County, Texas, the parcel
being more particularly described as follows:
Point of Beginning being on a curve and the Northwest comer of Lot 5, Block 3;
Thence along a curve to the left having a chord bearing of N 670 29' 28" E, a radius
of 212.33 feet, an arc distance of 29.62 feet to a point for corner;
Thence S 450 16' 12" E, a distance of 162.12 feet to a point for a comer;
Thence S 000 15' 00" E, a distance of 43.20 feet to a point for a corner;
Thence S 890 45' 00" W, a distance of 75.56 feet to a point for a corner being the
Southwest corner of Lot 5, Block 3;
Thence N 240 38' 06" W, a distance of 157.87 feet to the Point or Beginning and
consisting of 0.2470 acres.
LOT 5,
BLOCK 3
SHADY RIVER SEC
2
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EXHIBIT "B"
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_________ KNOX W. ASKINS
JOHN D. ARMSTRONG
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE, TEXAS 77572-1218
CHARLES R. HUBER. JR.
BOARD CERT'F'IED . CIVIL TRIAL LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
September 22, 1995
Mr. & Ms. binson Capen
807 Oak eaf
e, TX 77571
Dear Mr. & Ms. Capen:
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TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
I enclose herewith your original Special Warranty Deed from the
City of La Porte, which was recorded on September l8, 1995, under
Harris County Clerk's file No. R582l64. I also enclose certified
copy of City of La Porte Ordinance No. 95-2043, authorizing the
sale, which was recorded on September 18, 1995, under Harris County
Clerk's file No. R 582165.
I have rendered this property in your name with the Harris County
Appraisal District. A copy of my letter to them is enclosed for
your files.
It was my pleasure to have been of service to you
/""'l
~W~~:kins
KWA: sw
Enclosure
cc: Mr. John Joerns
~ssistant City Manager
V City of La Porte
this matter.
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R582164
505-39-J836
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SPECIAL WARRANTY DEED
Date:
September 11, 1995
09/11m 2OOO499K I 5121~
115.01
Grantor:
CITY OF LA PORTE, a municipal corporation
P.O. Box 1115, La Porte, TX 77572
Mailing Address:
Grantee:
ROBINSON CAPEN and wite, MARIAN V. CAPEN [).e~
807 Oak Leaf, La Porte, TX 77571
Mailing Address:
Consideration: Ten and NO/100 Dollars ($10.00) cash and other good
and valuable considerations
Property (including any improvements):
That portion of Lot Five (5), Block Three (3), Shady
River, Section Two (2), a subdivision in Harris County,
Texas, according to map thereof or plat thereof recorded
in the office of the County Clerk of Harris County,
Texas, reference to which is here made for all purposes,
said tract of land being more particularly described by
metes and bounds on Exhibit "A" attached hereto,
incorporated by reference herein, and made a part hereof
for all purposes, and as shown on a plat attached hereto
as Exhibit "B", incorporated by reference herein, and
made a part hereof for all purposes.
RESTRICTION: The herein conveyed property is restricted
to use as a side yard to Lot 6, Block 3, Shady River,
Section 2. No improvements may be constructed on the
property without the prior written consent of Grantor.
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Reservations from and Exception to Conveyance and Warranty: Taxes
for the current year have been prorated and are assumed by Grantee.
This conveyance is made subject to all and sinqular the
restrictions, conditions, oil, gas, and other mineral reservations,
easements, and covenants, it any, applicable to and enforceable
against the above described property as reflected by the records of
the county clerk of the aforesaid county.
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ANY PROVISIONS HEREIN WHICH RESTRICf THE SALE, RENTAL,
OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF
COLOR, OR RACE, IS INVALID AND UNENFORCEABLE UNDER
THE FEDERAL LAW.
A CERTIFIED COpy
A ITEST; -B.E P 2, 9 1995
BEVERLY B. KAUFMAN, County Clerk
Harris County, Texas
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i\ \..~YiA. '/\. , Deputy
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KAYLA J. ARNOLD
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505':39-0837.
Grantor for the consideration and subject to the reservations from
and exceptions to conveyance and warranty, grants, sells, and
conveys to Grantee the property, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have and
hold it to Grantee, Grantee's heirs, executors, administrators,
successors, or assigns forever. Grantor binds Grantor and
Grantor's heirs, executors, administrators, and successors to
warrant and forever defend all and singular the property to Grantee
and Grantee's heirs, executors, administrators, successors, and
assigns against every person whomsoaver lawfully claiming or to
claim the same or any part thereof, except as to the reservations
from and exceptions to conveyance and warranty, by, through, or
under Grantor, but not otherwise.
When the context requires, singular nouns and pronouns include the
plural.
CITY OF LA PORTE
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By:
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Robert T. Herrera, City Manager
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FILED FOR RECORD
8:00 AM
SEP 1 8 1995
'&"~74.~ . ~
County Clerk. Hurls County. leus
STATE OF TEXAS {
{
COUNTY OF HARRIS {
~ ~~instrument was acknowledged before me on the ~ day ot
8 , 1995, by Robert T. Herrera, City Manager ot the City
of La Porte, a municipal corporation.
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AnD UCORDI)lO RBTURJl TO I
PRBPARED 1)1 DB LAW OJ'J'ICB OJ'I
ASKINS & ARMSTRONG, P.c.
ATTORNEYS AT LAW
702 W. FAIRMONT PARt<:NAY
P.O. 80)( 1218
LA PORTE. TEXAS nSn.1218
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
.. .--100.....01.,.;.... . . . .
ANY PROVISIONS HEREIN WHICH RESTRICT TIiE SALE, RENTAL,
OR USE OF TIiE DESCRIBED REAL PROPERTI BECAUSE OF
COLOR, OR RACE, IS !NV ALID AND UNENFORCEABLE UNDER
THE FEDERAL LAW.
A CERTIFIED COpy
ATTEST: .sEP 2, 9 ~99S
BEVERLY B. KAUFMAN, County Clerk
Harris County, Texas
1(~U}Q i. ~ ,Depury
KAYLA J. ARNOLD
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SOS-J9-J838
EXHIBIT A
0.2470 Acre Tract out or Lot S, Block 3; Shady RIver Subdivision, Section 2
A 0.2470 acre parcel out of Lot 5, Block 3; Sbady River, Section 2, a subdivision of
'1:1.47 acres in the W.P. Harris Survey A-30, Harris County, Texas, according to the plat
recorded in Volume 114, Page 62 o( the Map Records o( Harris County, Texas, the parcel
being more particularly described as (ollows:
Point or Beginnlng being on a curve and the Northwest corner of Lot.5, Block 3;
Thence along a curve to the left baving a chord bearing of N 6-,0 29' 28- E, a radius
of 212.33 feet, an arc distance of 29.62 feet to a point for corner;
Thence S 4SO 16' 12- Eo a distance o( 162.12 (eet to a point (or a corner;
Thence S 00" IS' 00" Eo a distance o( 43.20 (eet to a point for a corner;
Thence S 89" 45' 00" W, a distance o( 75.56 (eet to a point (or a corner being the
Southwest corner o( Lot 5, Block 3;
Thence N 240 38' 06- W, a distance o( 157.87 feet to the Point or BeglnnlDg and
consisting o( 0.2470 acres.
ANY PROVISIONS HEREIN WHICH RESTRICT TI-IE SALE, RENr AL,
OR USE OF mE DESCRIBED REAL PROPERTY BECAUSE OF
COLOR, OR RACE, IS INVALID AND UNENFORCEABLE UNDER
THE FEDERAL LAW.
A CERTIFIED COPY
A'ITEST: SEP '2, ~ ",S95
BEVERLY B. KAUFMAN, County Clerk
Ha~ Cowror, Tex;S 0
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T\~f-'r 0... ~. /4v<,.'r'~('cl. . Deputy
KA YLA J. ARNOLD
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ANY PROVISIONS HEREIN WHICH RESTRIcr mE SALE, RENTAL,
OR USE OF TIlE DESCRIBED REAL PROPERTY BECAUSE OF
COLOR, OR RACE, 15 INVALID AND UNENFORCEABLE UNDER
THE FEDERAL LAW.
A CERTIFIED COpy
ArrEST: St.? Z 9 1995
BEVERLY B. KAUFMAN, County Clerk
Harris County, Texas
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KA YLA J. ARNOLD
, Deputy
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ANY PROVISIONS HEREIN WHICH RESTRICf TIlE SALE, RENTAL,
OR USE OF mE DESCRIBED REAL PROPERTY BECAUSE OF
COLOR, OR RACE, IS INVALID AND UNENFORCEABLE UNDER
THE FEDERAL LAW.
A CERTIFIED COPY
SEP 2 fj 1995
A ITEST:
BEVERLY B. KAUFMAN, County Clerk
Harris County, Texas
i\~~Q i- ~ ,rkpury
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.<AYlA J. ARNOLD
505';39';0840
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