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HomeMy WebLinkAboutO-1995-2044 . . ORDINANCE NO. 95-2044 AN ORDINANCE APPROVING AND AUTHORIZING THE DEPARTMENT OF THE AIR FORCE SUPPLEMENTAL AGREEMENT NO. 4 TO LEASE NO. W-041-2o43-ENG-1821, BETWEEN THE CITY OF LA PORTE AND THE UNITED STATES OF AMERICA; 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 council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. 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, Chapter 551, Texas Government 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 3. This Ordinance shall be effective from and after e ORDINANCE NO. 95- 2044 . PASSED AND APPROVED, this 10th day of July, 1995. ATTEST: s:--~ Sue Lenes, City Secretary By: 4:~~ rman L. Ma one, Mayor PAGE 2 e e DEPARTMENT OF THE AIR FORCE SUPPLEMENTAL AGREEMENT NO. 4 TO LEASE NO. W-41-243-ENG-1821 BETWEEN THE CITY OF LA PORTE, TEXAS AND THE UNITED STATES OF AMERICA THIS SUPPLEMENTAL AGREEMENT, made and entered into this .26~t6 day of July 1995, by and between the CITY OF LA PORTE, TEXAS, whose address is La Porte, Texas, for itself, its successors and assigns, hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government, WITNESSETH: WHEREAS, on the 19th day of October 1948, the parties hereto entered into Lease No. W-41-243-ENG-1821 (as amended by Supplemental Agreements No. 1 dated 5 April 1951, No. 2 dated 1 April 1955, and No. 3 dated 2 February 1977) whereby the Lessor granted unto the Government the use and occupancy of a tract of land situated in the County of Harris, State of Texas, being more particularly described in the lease and supplemental agreements thereto: WHEREAS, the City of La Porte having requested the return of a 6.60 acres (more or less) parcel of land located east of the Government's improved area and more particularly described and depicted on Exhibit B (attached hereto) as "Tract a" leaving a called for 5.873 acres (more or less) from the 12.473 acres (more or less) leased to the Government, surveyed to contain 5.912 acres (more or less) delineated on Exhibit A (attached hereto) as "Tract A": WHEREAS, it is the desire of the parties and in the best interest of the Government to grant Lessor's request and to amend the aforesaid lease to replace the metes and bounds description and reduce the acreage leased to the Government and specify actions to be accomplished by the Lessor. NOW THEREFORE, said Lease is amended effective 1 July 1995 in the following particulars, but no others: 1. The legal description of the lease property as contained in provision 2, as amended by Supplemental Agreement No.3, is further amended to read as follows: "Being a tract of land out of the W. R. Jones survey, Harris County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at the southeast corner of said 300.14 acre La Porte Airport tract, having coordinates of N 13, 810, 419.08 and E 3, 220, 257.64. THENCE S 86 degrees 56 minutes 13 seconds W: coincident with the north right-of-way line of West Main Street (Spencer Highway) (lOO' ROW); a distance of 1807.30 feet to the southeast corner of this 5.912 acre tract and the POINT OF BEGINNING and having coordinates of N 13, 810, 322.52 and E 3, 218, 453.14. THENCE S 86 degrees 56 minutes 13 seconds W: coincident with the north right-of-way line of West Main Street, a distance of 633.14 feet to the southwest corner of this 5.912 acre tract. THENCE N 15 degrees 08 minutes 09 seconds E, a distance of 538.20 feet to the northwest corner of this 5.912 acre tract. e e THENCE N 86 degrees 56 minutes 13 seconds E, a distance of 250.05 feet to a point for corner. THENCE S 48 degrees 17 minutes 31 seconds E, a distance of 300.00 feet to a point for corner. THENCE S 03 degrees 27 minutes 00 seconds E, a distance of 300.00 feet to the POINT OF BEGINNING, enclosing a tract of land containing 5.912 acres more or less." 2. Provision 2.1 is added as follows: 2.1 Lessor agrees to relocate boundary fence to encompass the reduced leased land. As so amended and supplemented, the Original Lease shall be and remain in full force and effect during the remainder of the term thereof as a contract between the parties hereto. IN WITNESS WHEREOF the parties hereto have subscribed their names as of the day and year first above written. THE CITY OF LA PORTE, TEXAS By: Q~~ 1.~ r.; +y t:1 DvK~e,r (Title UNITED STATES OF AMERICA By: ~~o?.a.I~ Director Air Force Real Estate Agency (Title) 2 _ r ," ... ( e e TRACT A The 5.912 acre tract is more particularly describe by metes and bounds as follows; COMl\1ENCING at the Southeast corner of said 300.14 acre La Porte Airport tract, having coordinates ofN 13, 810,419.08 and E 3, 220, 257.64. Thence S 86 degrees 56 minutes 13 seconds W: coincident with the North right- of-way line of West Main Street (Spencer Highway) (100' ROW); a distance of 1807.30 feet to the Southeast corner of this 5.912 acre tract and the POINT OF BEGINNING and having coordinates ofN 13, 810, 322.52 and E 3,218,453.14. Thence S 86 degrees 56 minutes 13 seconds W: coincident with the North right- of-way line of West Main Street; a distance of633.14 feet to the Southwest corner of this 5.912 acre tract. Thence N 15 degrees 08 minutes 09 seconds E a distance of538,20 feet to the Northwest corner of this 5.912 acre tract. . Thence N 86 degrees 56 minutes 13 seconds E a distance of 250.05 feet to a point for corner. Thence S 48 degrees 17 minutes 31 seconds E a distance of300.00 feet to a point for corner. Thence S 03 degrees 27 minutes 00 seconds E a distance of300.00 feet to the POINT OF BEGINNING. , EXliIBIT "A - I o SElH BY:i:LLlNGTON ANGB . . - I ; 5- 5-9~ ill;40AM 14'ftn ~lV tNU ;)llIrrll~Il;.JU vUI ~lll ~1l~UI~~U e "' '. e leA&.,C , , .A"',- COOIllDIllATII "NO ICAIU"" ...,,! ""PAID TO'rM[ COO.....,.. ..,.,. GP' ".3. 8QII11II COITltA'" ZCIII . M C 'N "... 1'D4t ....tVUL ..acu"CCIl COD!, SICTlOII aLe .AND Uf IASID Oil ntl P0811T1OH 0" · LA ~,.,.. .'''2 ~Haa ~Ta fW " ., zoe, ~oao770 MD I .0, 7"'. toe MIT.'" . &"'0 " ",1'0, .... N AI . 1,1/7, ..e. 5' Uo'. SUIllW'I' lPCOT; MD ",w..1I IC*.I MO"nHI OF 0.....'.., [''' N-H'.,-. . lto.a' TRACT A 5.1'2 Ae. I "7, I.. '.",) (' I DI-,f'CO.. .100' J, ..P.OJl. : .. ".110. III." . . .,1'1,4 .1. -",' 0---- S'. -!M' I. .0 110'.10' . ..... CO" 300,'. .Ie. LA ~A' ..' WUNCI'''\, AI"~AT ./ " _. P.O.C, -..' II 13,"0,41..0' I J. ZZO ,387,'4 ...~ I..... II . . "1.14 ( SPENCER HWY.) WEST MAIN STREET PROPOSED AIR NAT1a4Al. GUARD LEASE 0 PMPARfiD FOR: CITY OF LA PORTE PRIN..ED IV: H.~LDS SNITH,!.S, DAT! : DEC. 3, 1992 JOIJ NO. 2744-92 EXHTB'rr". ".:...: if - ;). .... .. ft V'