HomeMy WebLinkAboutO-1995-2077
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ORDINANCE NO. 95- 2077
AN ORDINANCE MAKING FINDINGS OF FACT RELATING TO THE PREMISES;
APPROVING AN EXCHANGE OF PARK DEDICATIONS IN GLEN MEADOWS
SUBDIVISION; AUTHORIZING EXECUTION AND DELIVERY OF A SPECIAL
WARRANTY DEED TO FACILITATE THE EXCHANGE OF PARK DEDICATIONS IN
GLEN MEADOWS SUBDIVISION; 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 of the City of La Porte takes
notice of and hereby makes the following findings of fact relating
to public land and the utilization thereof in connection with Glen
Meadows SUbdivision, to-wit:
. The City Council and the Planning and Zoning commission of the
City of La Porte have heretofore approved the final plat of
Glen Meadows, section Two, said plat being dated April 3,
1979, which plat is recorded in Volume 288, Page 108, Harris
County Map Records.
. Said final plat includes a dedication to the pUblic of a
parksi te containing 7.715 acres, a substantial portion of
which was subject to existing and proposed aerial easements
for the City of La Porte Municipal Airport.
. The Planning and Zoning commission of the City of La Porte, at
its meeting on December 17, 1992, approved a General Plan for
the undeveloped portion of Glen Meadows SUbdivision, amending
the original General Plan which was originally approved on
March 28, 1977.
. The Harris County Flood Control District, subsequent to
approval of the original General Plan, but prior to approval
of the amended General Plan for Glen Meadows, promulgated
rules and regulations requiring detention of storm water
runoff, and further requiring detention facilities on
undeveloped land as part of the subdivision platting process.
. As part of the amended General Plan, the Planning and Zoning
Commission of the City of La Porte noted that the City of La
Porte Municipal Airport was in the process of planning a
runway extension, which said extension would require that the
Farrington Boulevard extension be adjusted in a westerly
direction.
. The City of La Porte Thoroughfare Plan, adopted by the
Planning and Zoning commission and City Council on January 26,
1987, also provided for the relocation of Farrington to the
west, and the joining of Farrington with Lomax School Road,
with the resultant street being designated as a major
thoroughfare on said Plan. Said thoroughfare would have and
will dissect the original 7.715 acre park heretofore retained.
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ORDINANCE NO. 95-2077
PAGB 2
. At its meeting of December 17, 1992, the Planning and Zoning
Commission found that it would be in the best interest of the
ci ty of La Porte to exchange a portion of the public land
dedication contained in Glen Meadows, section Two, in the
Northeast portion of the subdivision, for a new public land
site located within Glen Meadows, Section Five.
. The exchange approved by the Planning and Zoning commission of
the ci ty of La Porte provided for the developer of Glen
Meadows to receive 4.9026 acres of the previously dedicated
park in Glen Meadows, section Two, thereby removing it from
land dedicated to the public. However, in exchange, the
developer would grant to the City of La Porte 8.13 acres of
public land in Glen Meadows, section Five, for the new
combination storm water detention facility and parksite.
. Both the 4.9026 acres and the 8.13 acres to be exchanged are
within City of La Porte Park Zone 3.
. The Planning and Zoning commission approved said exchange,
finding that the exchange would allow for the proposed
extension of Farrington Boulevard in accordance with the
city's Comprehensive Plan and Thoroughfare Plan, and the
exchange would preserve and protect the existing and proposed
aerial easements for the City of La Porte Municipal Airport,
in accordance with the Municipal Airport Master Plan.
. The proposed exchange would also result in a net increase of
park land to be utilized on behalf of the citizens of the City
of La Porte.
. After the Planning and Zoning commission approval of the
proposed exchange of public land, and after the Planning and
Zoning Commission approved the amended General Plan, the
developer filed the preliminary plat of Glen Meadows, Section
Five.
. Thereafter, the City of La Porte Planning and Zoning
commission approved the final plat of Glen Meadows, section
Five, on November 18, 1993, which said final plat approval
includes a dedication of the said 8.13 acres of land for the
new combination storm water detention facility and public land
parksite.
. The developer has heretofore filed application with the
Planning and Zoning commission of the City of La Porte for a
partial replat of Glen Meadows, section Two, which said replat
provides for the existing and proposed aerial easements for
the City of La Porte Municipal Airport; which said replat
further provides for the extension of a proposed right-of-way
for Farrington Boulevard; and which said replat further
provides for the platting of lots for single family
residences, lying and being situated west of the proposed
extension of Farrington Boulevard.
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ORDINANCE NO.
95-2077
PAGE: 3
section 2. Based upon the foregoing findings of fact, and in
accordance with the revised General Plan for Glen Meadows
Subdivision, and further in accordance with the Comprehensive Plan
of the City of La Porte, and in consideration of the benefits to be
derived by the citizens of the City of La Porte in the preservation
of the existing and proposed aerial easements for the City of La
Porte Municipal Airport; the extension of the right-of-way for
Farrington Boulevard; and the increase of the Glen Meadows
Subdivision public land dedication from 4.9026 acres to 8.13 acres,
the city Council of the City of La Porte, subject only to the final
approval of the application for the partial replat of Glen Meadows,
section 2, by the City of La Porte Planning and Zoning Commission,
hereby authorizes the City Manager to execute and deliver to Glen
Meadows Partners, and the City Secretary for purposes of
attestation of the execution, of a Special Warranty Deed in form
attached hereto as Exhibit "A", and incorporated by reference
herein for all purposes.
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
ci ty 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.
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ORDINANCE NO. 95-2077
PAGE 4
section 4. This Ordinance shall be effective from and after
its passage and approval, subject to final action on a partial
replat application for Glen Meadows, Section Two, by the Planning
and Zoning Commission of the City of La Porte.
PASSED AND APPROVED, this 13th day of November, 1995.
CITY OF LA PORTE
By:
&~~
'N rman L. Ma 0 ,
Mayor
ATTEST:
~~
Sue Lenes,
City Secretary
AP6Z~ ~
Knox W. Askins,
City Attorney
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Date:
November 13, 1995
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SPECIAL WARRANlY DEED
Grantor:
CITY OF LA PORTE
a municipal corporation
Mailing Address:
P.O. Box 1115, La Porte, TX 77572
Grantee:
GLEN MEADOWS PARTNERS
a Texas general partnership
Mailing Address:
1300 Post Oak Blvd., suite 1110
Houston, TX 77056
Consideration: Ten and No/lOa Dollars ($10.00) cash and other good
and valuable considerations
Property (including any improvements):
4.9026 acres of land being part of a called 7.715 acre
park in Glen Meadows section Two, as recorded in Volume
288, Page 108 of the Harris County Map Records, and as
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
more fully described on a plat attached hereto as Exhibit
"B", incorporated by reference herein, and made a part
hereof for all purposes.
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 singular the
restrictions, conditions, oil, gas, and other mineral reservations,
easements, and covenants, if 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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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 whomsoever 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
By:
QJ~ T. ~
Robert T. Herrera, City Manager
ATTEST:
~~
City Secretary
STATE OF TEXAS {
{
COUNTY OF HARRIS {
I Tpis instrument was acknowledged before me on the ~tday of
^/fJVt-WlbtA- , 1995, by Robert T. Herrera, City Manager of the City
of La Porte, a municipal corporation. uIlM
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':.;;:.;;.ClOCloa~;~~~;~;acaCli Notary PublJ.C, state of Texas
: *: * :*: NOTARY PUBUC 8
~..~.~:#.,: COM",:: ~~11.97 i
DOOOOooooooooooooooooooooooo__8
AFTER RECORDING RETURN TO:
PREPARED IN THE LAW OFFICE OF:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
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DESCRIPTION
Of 4.9026 Acres of land being part of a called 7.715 acre park in Glen Meadows Section
Two, as recorded in Volume 288, Page 108 of the Harris County Map Records. Said
5.3233 Acres being located in the W.M. Jones Survey, Abstract No. 482, Harris County,
Texas and being more particularly described by metes and bounds as follows; (Bearings
based on Glen Meadows Section Six Vol. 364,Pg. 62 H.C.M.R)
BEGINNING at a 5/8" IR with cap found for the Northeast corner of Block 26 of Glen
Meadows Section Four "A" as recorded in volume 331, page 41 of the Harris County Map
Records, same being in the West line of Farrington Drive (based on a 50' RO.W.):
THENCE WEST along the common line of said Block 26 and Glen Meadows Section
Two, for a distance of 473.21 feet to a 5/8" IR set for corner;
THENCE NORTH along a common line of a called 13.8177 acre tract as conveyed by
deed dated November 12, 1991 to Glen Meadows Partners and recorded in Harris
County Clerks File No. N411650, and said Glen Meadows Section Two park for a
distance of 584.48 feet to a 5/8" IR found for comer;
THENCE N 52044'41"W for a distance of 97.25 feet to a point for comer for the
Northwest comer of said 7.715 acre park;
THENCE S 89038'50" E along the North line of said Glen Meadows Section Two park for
a distance of 63.64 feet to a 5/8" IR set for comer; same point being located in the
proposed avigation easement as defined by the Carter Burgess plat titled '4.90 ACRES
OF LAND OUT OF GLEN MEADOWS, SECTION TWO;
THENCE S 57003'00" E along said proposed avigation easement for a distance of 375.00
feet to a 5/8" IR with cap found for the beginning of a curve, same point being located in
the proposed Farrington Drive (based on a 100' RO.W.);
THENCE S 33017'42" E along said proposed Farrington Drive right-of-way, for a distance
of 132.00 feet to a 5/8" IR with cap found for the beginning of a curve to the right;
THENCE along said curve to the right having a radius of 608.30, a central angle of
32<'47'56", a chord bearing of S 16053'44" E, a chord distance of 343.49, and an arc
length of 348.22 feet to a point of tangency being the PLACE OF BEGINNING of the
herein described tract, and containing within these calls 231,885 square feet or 5.3233
acres of land.
WITNESS MY HAND AND SEAL THIS THE 19th DAY OF OCTOBER. 1995
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Registration No. 5007
EXHIBIT A
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PlACE OP BEGINHIH
4,9026 ACRES
231,885 SQ,FT,
CAULIt: 7.71:' ,t(:RU
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W.M. -ION.. aURV.Y, A.aTRACT NO. 482,
HARR'. COUNTY, TIIXA.
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JAN 17 '9S lS:B7
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41/-7/iK
EDWARD S. CUTReR
Senior Vice President
Gallcrla Commercial
Manager
S.MltliIy of 0MInlcr
STEWART TITLE
HOUSTON DIVISION
Jamzary 16, 1996
Mr. Jim Holcomb
B~lcomb Properties
1300 Post Oak Blvd., Suite 1110
Bouston, Teza5 77056
Re; G.r. Ro. 95-118242;
Dear Sr. Holcomb:
, ,
In connection with th. above mentioned ~11e number.please find
'enclQsed the original reco~e~ Spe~ial Warranty, DeGd from the
~ity of LaPorte t~ ,Gl~n K~adovs Partner~. '
~~ you should have any qu~stions, please do Dot hesitate to
contact our office. . .
"
Si1lc~rely,
~
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Baerov Assistant, 't'o,
llary T. RitChie'
(713)625-8702
Snclosure.
1980 POST OAK BLVD. · P.o. BOX 1604. HOUSTON, TEXAS 77251-1504 · (713) 627-1310 . FAX: (713) 6~2244
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JAN 17 '98 15:~7
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PAGE.0~2
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STEWART TITLE HOUSTON, OIVISIO~1 ~
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R'i'41?4?
SPECIAL WARRANlY DEED
Date:
OlnOl96 200112&27 R 741147
'17.00
November 13, 1995
Grantor:
CITY OF LA PORTE
a .unicipal corporation
P.o. Box 1115, La Porte, TX 77572
)Y
Mai1inq Address:
Grantee:
GLBlf MBADOWS PARTNbS
.a Texa~ general partn~s~1p
1300 Post Oak Blvd., sutte 1110
Houston, TX 77056
Hailing Address:
consideration: Ten and HO/l0~ Dollars ($10..00) cash and 'other good
and valuable c~sidera'tions
. ,
Property (including any improvements):
;0" ".
4.9026 acres of land .being part of a called 1..715 acre
park in Glen Meadows Section. Two, as record~d in Vol~
288, Page 108 of the, Harris County Hap kecords', and as
more particularly desqribed by Detes. and bounds on
Exhibit nAn attached hereto, incorporated by.reference
herein, and made a part hereof for all purposes, and. as
more fully described on a plat attached bereto as Exh~bit
nB", incorporated,by reference here~n, and made a part
hereof for a11 purposes.
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Reservations from and Exception 'to Conveyanoe and Warranty: Taxes
for the curr4!U\t year have been prorated and are assumed by Grantee.
This conveyance is made subjeot to a~l a.nd singula.r the
restrictions, conditions, oil, qas, and other mineral reservations,
easements, and covenan'ts, if any, applicable to an4 enforceab1e
against the above doscribed property as reflected by the records of
the county clerk of the aforesaid county. .
RETURN TO:.EDWARD s. CUTR~
STEWART TlTLE.HOUSTON
P- O. BOX 1504' '.,
h;JUSTON, ,TEXAS 77251.1504
JAN 17 '96 15:138
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PAGE.003
~Jb-(6-3574
6 "Grantor for 'the consideration and subject to the reservations from
end exceptions t:.o conveyance and warranty, grant.s, sells, and
conveys to Grantee.the property, together with all and singular tbe
righ1:s and appurtenances 'thereto in any wise belonging, t.o have and
hold it to Grantee, Grantee's heirs, executors, administrators,
S11ccessors, or assigns forever. Grantor binds Grantor and
Grantor's heirs, executors, administrators, and successors to
warrant and forever defend all and singular the property t.o Grantee
and Grantee's heirs. executors, administrators, successors, and
assigns against every p~son whomsoever laWfUlly Qlaiming or to
claim the same or any part thereof, except as to the reservations
trom and exceptions to., conve~ance and warranty, by. through, or
under Grantor, but: not 0"therw1se.
. ' ,
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When tbe context reqUires, s.i;.ngUlar nouns and p~no~s, include the "
plural.
ern OF LA PORTE / r
Q~,~~
Robert T. Herrera., c ty 'Manager
By:
ATTl!:S'l' ;
,S~~,
City Secretary
STATE OF TEXAS {
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COUNTY OF HARRIS {
. ,
^ " ,T.his instrument was acknowledqed before me on the J..s:!..'- day' of
/\JfJve.mlatn-. 'J' - ~9.~5~ ,by -~obert,.~. Ber.rua,;-Qit.'o,~aCJer..'-of.'"t$J ,ci'ty,
of La Porte, a JIllinicipal corporation. '~~" , ' ,
,......nu,;~OCQllQcunuau~~lI -nll~IUI " d ~
..~~~ CAa. ~ j Not.ary' 1 cr st :te of Texas
:-; *;.: JaMV NIl:)
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T'la..uA~..'I..bG~4 ~JD~I.I't'
art_ BBCOltDDCI ~ ~:
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1aOO PCST QA1( Bl:.VD.
StnTE 1110
1IXJS'roN, 'r.X: :r-7056
626-2168
P1UIPaRBD :or DB UW OJ'PJ:ClI 01':
ASKINS. i ARMSTRONG; P. c.
P.o. Box 1218
La Porte, TX 77572-1218
JAN 17 '98 15:B9
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PAGE.BB4
506-76-3575
DESCRIPTION ~
Of 4.9026 Acres of land being part of 8 called 7.715 acre park In Glen Meadows SedJon y
T..w, a9 reeorded In Volume 288, Page 108 of the Harris County Map Records. Said
6.3233 Acn88 being Iocaled in the W.M. Jones Survey. Abstract No. 482, Harris County,
Texas and being more particulllrly desmbed by metes and bounds as follows; (Bearings
based on Glen Meadows Section Six Vol. 364.Pg. 62 H.C.M.R.)
BEGINNING at a 518. IR with cap found fur the Northeast comer of Blade 26 of Glen
Meadows SectIon Four "A. as recanlsd In w1ume 331, page 41 Of the ttan1$ County Map
Reaxds. same being in tho west line of Farrington Drive (b8sed on a 5.0' R.O.W.);
. .
THEN~ v.YESr ,long the ,common' lno of said 8fock 28 aod Glen Meadows SectIon
Two, for 8 dl8l8lice Or 473.21 feet to a 518. IR set for.cOmer; , ,
THENCE NORTH along II GOI1'ImoA fine of a called 13.8177 8CI8 trad as o:mveyed by
deed dated November 12. 1991 to Glen Meadows Partnem and recanted in Harris
QxJnly CIeJb File No. N411650, and esid Glen Meadows Section TWO pam for a
dUdance of 684.48 feet 10 a 5(8" ,IR found for comer: '
"THENCE N 52"44'41"VV for a diStance Qf 97.25 feet to a point for oamer for ,the
Narthwest carner of said 7.715 8~ park;
THENCE S 8W'38'50" E along the North line of said Glen Meadows Section ,Two parle for
a distance of 63.64 feet to ,a W IR set for comer; same point belng..bcated in the
proposed avigation easem~ as defined by the carter Burgess plat titled:' '4.90 ACRES
OF LAND OUT OF GLEN MEADOWS. SECTION lWO:
THENce S 57"03'00. E along s8id,proposed avigation eesement for a dl8t8nce of 375.00
feet to a 5{8W IR with Clap found' for the begiming of a wrve. same point being located in
the proposed Fanmgton DrIVe (based on 8 100' RO.W.);
niENCE S 33917'42" E aran; said proposed Fa~1J Drive ,riaht'"Of-waY, tor'~ d~
of 132.00 feet to a 5Iff" IR WIth cap fotJnd far the beginning Cf a CUMI to the right; ,
...00 "0. .....~._ 00' I. '0. " ". .,._".. ...'-............ ._',..... 0':..'."_0__ '_"'_-: ._. ..
THENCE along said curVe: to ',the' 'rfghl haYing 8 radius, of 608.30, a centra,l' angle or
32D47'SEr, a chord bearing of S f6"83"44w E, 8 chard distance of 343.49~ and an arc
rength of 348.22 feet to 8 point of tangency being the PlACE OF BEGINNING of the
herein desoribed tract, and containing wIU1fn these calls 231,886 ~uare feet or 6.3233
acres of land.
WITNESS MY HAND AND sEAL THIS THE 19th DAY OF OCTOBER. 1996
,.'. ',EXHIBIT A
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Regislnllion No. s007
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:.' " P':'BUC NOrICE' . ",;'- ~.~:" :
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Notice ,. is hel8by" given' that"the ' City.'
".CoWlCilOftheCityofLa:Po";atilSl8gUIar ,i.:." .;.."..', .::'
meeting of NoYenil8r 13, 1995. at 8:00 p.m., .
. 'at' City Hall~ 504 West.Fainnont Partway..
. will consider an ordinance authorizing an
':~ange ot.par1c: dedications:in Glen:::
Meadows &lbcMion, in I)e City of La Rxta,
Harris' County,: Texas.. The proposed':
exchange' ,would. incl88S8 the Glen
Meadows Subcivision parte and public !and'
dedication from 4.9026 8CI8S m 8.13 8CI8I.,
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All. in18r8sted' persons will: be given:.8n~
- opportunity to be heard on this matlBr.;.~, '
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. ..'. : '. ' ,; ,:,. :.....;iff.' ". City Secr8tarY.:
,~~:~,,' " .':~":,~'.' .i~:;: :. Ci~ ~ La ~~.
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SUNDAY, OcrO~ER 29, .1995 . THE B~YSHORE SUN'. PAGE 7
....6: ::.;.:'.,:,
PUBLI,C NOTI'CE'S
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PUBLIC NOTICES
PUBLIC NOTICE
Notice is hel'8by given that the City
Council of the City of La PoI18, at its I8gUIar ,
-meeting of NCMmber 13, 1995, at 6:00 p.m., .
-at City Hall, 604 West. Fainnont-Parkway,-:
'Will' conside'ran 'ordin&nC8' 8lIlhorlzltrv tIl ..
exchange of park dedications in Glen
Meadows Subdvision, in 1he City of La For1&,
Harris .County. Texas. The proposed
exchange would incraase the Glen
- Meadows Subdivision park and public land
dedication from 4.9026 acr&s to 8.13 8CI8S.
"'~'_~ '.01..0'. .~:N".'~_'~...~l':I:h'~"':":".":h'''' ',".' :~"~' . . ..
:,;;"....:;. ',:.:~.,;..-: ':-"_"':-"-"'-:;"""":'II'SI"lI!:1'111h! All Interested persons will be gIVen an
oppor11lnity to be heard on this matter.
Sue Lsnes
City Secratary
City of La Porte
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