HomeMy WebLinkAboutO-1996-2124
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ORDINANCE NO. 96-2124
AN ORD:INANCE MAK:ING F:IND:INGS OF FACT; AUTHOR:IZ:ING THE RE-CONVEYANCE
BY REVERTER OF A 4.069 ACRE TRACT OF LAND IN THE FORKER BAYSHORE
MON:IC:IPAL OT:IL:ITY D:ISTR:ICT, TO THE CARLA COMPANY, ET AL; F:IND:ING
COMPL:IANCE W:ITH THE OPEN MEET:INGS LAW; AND PROV:ID:ING AN EFFECT:IVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
In 1962, the Carla Company, Francis Investment
Company, and Houston Real ty Sales Company executed a deed to
Bayshore Municipal utility District, of a 4.069 acre tract of land
on the Southern Pacific Railroad right-of-way,
near the
intersection of new Highway 146 at Shoreacres Boulevard, for the
specific use as a tract for treatment and/or transmittal of sewage.
The deed, which is recorded under Harris County Clerk's file No.
B617065, and a copy of which is attached hereto as Exhibit "A",
incorporated by reference herein, and made a part hereof for all
purposes, contains a right of reverter when such use ceases.
Section 2. Bayshore Municipal utility District ceased to use
the property for the stated purposes, prior to its annexation by
the City of La Porte, and the City Council of the City of La Porte
finds that the City of La Porte has no need to use the property for
the transmittal or treatment of sewage. Therefore, this tract of
land has reverted to the grantors in the deed, by operation of law.
Section 3. The City Manager is hereby authorized to execute,
and the City Secretary is authorized to attest the execution of a
deed in form attached hereto as Exhibit "B", incorporated by
reference herein and made a part hereof for all purposes.
Section 4.
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
.
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ORDINANCE NO. 96-2 1 24
PAGE 2
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 s. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 22nd day of July, 1996.
CITY OF LA PORTE
By:
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110 L." M 10 ,
Mayor
ATTEST:
~~
Sue Lenes,
City Secretary
APPROVED:
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Knox W. ASkins,
City Attorney
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8617065 B PO 2.65
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STATE OF TEXAS
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COUtl'I'Y OF HARRIS
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KNOW ALL MEliI BY 'l'IIESE PRESENTS: Tha t ,the Car la
C~~~P~~y, acting by and through its duly authorized oCficers,
and acting for itself and as agent and attorney-in-fact
for Francis Investment Company and Houston Realty Sales
Company, all of said companiea,being duly incorporated,
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organized and doing business under the laws of the Stilte
of Texas, of the County of Har~1s, State of 'rexas, for
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and in consideration of the sum of Ten Dollars (~lO.OO)
and other valuable considerations, to it in hand paid
./ by the Bayshore Municipal Utility District, receipt of
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which is hereby acknowledged, has Granted, Sold and Con-
veyed, and by these presents does Grant, Sell and Convey
unto the sahl J.layshore Municipal Utility District, of
the County of Harris, State of Texas, all that certain
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lot, tract or parcel of land, lying and being situated
in the County of Harris, State of Texas, described as
follows, to-wit:
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A tract of land out of the W. P. Harris Survey,
Abstract 30, Harris County, Texas, said tract
being out of two parcels of land conveyed to
Houston Realty Sales Company, one of such parcels
being a 62.5l2-acre tract described in the Deed
recorded in Vol. 449B, Page 205, of the Deed
Records of Harris County, Texas, to which reference
is her.e made for all purposes, and the 'second tract
being a 52.4-acre tract described in that Deed Re-
corded in Vol. 4499, Page 156, of the Deed Records
of Harris County, 'fexas, to which reference is
here made for all purposes, and the tract ~on-
veyed herein being more particularly described
as follows: ~
Beginning at a one-inch iron pipe marking the
southwest corner of the said 62.5l2-acre tract,
said corner being in the east right-of-way of
the GII & SA Ilailroad;
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Thel,ce I.. 7010'32" W. with said east right-of",way,
at 502.83 feet pdSS a three-inch iron pipe for the
northwest corner of the said 62.512 acre-tract and
the southwest corner of the 52.4-acre tract, in all
604.92 feet to an iron rod for the northwest corner
of the tract being described;
Thence S. 89059'45" E. 390.86 feet to an iron rod
for the northeast corner of the tract being des-
cribed;
Thence S. 10044'58" W. 610.69 feet to an iron roC.
for the southeast 'corner of the tract being des-
cribed,. said corner being in the south line of the
said 62.512-acre tract;
Thence N. 89059'45" W. with said line a distance
of 200.0 feet to the place of beginning and con-
taining 4.069 acres of land.
Provided, however, that this conveyance shall be effective
only so long as the tract herein conveyed is use,d by the
said Bayshore Municipal utility District, its successors
and assigns, for the treatment and/or transmittal of
sewage, and in the event that suc11 District, its successors
and assigns, permanently abandon and ceases to use the
said tract herein conveyed for tUe treatment and/or trans-
mittal of sewage, then and in that event, the property
herein conveyed shall, without entry 'or suit, illUllediately
revert to and invest in the Grantor herein, its successors
and assigns, and this conveyance shall be null and void,
and Grantor, its successors and assigns shall be entitled
to ilrunediate possession of the said premises.
TO HAVE AND TO HOLD ~le above described premises,
together with all and singular, the rig~ts and appurten-
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ances thereto in anywise belonging unto the said Bayshore
Municipal Utility District, its successors and assigns
forever; and it does hereby bfnd itself, its successors
and assigns, to Warrant and Forever Defend all and sing-
ular the said premises unto the said Bayshore l>lunicipal
Utility District, its successors and assigns, against
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every person whomsoever lawfully claiming, or to
the same or any part thereof.
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In testimony whereof, the Carla Company has
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caused these presents to be executed by the undersigned
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officers, and its cOllunon seal hereunto affixeu, this the
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CARlA COMPANY
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...... " I!, '" \V::Lc\:o~:' N, Carter, Secretary
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BY: It- ".reiv'"]!Y'
W. T. Carter, III, President
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STATE OF TEXAS X
COUNTY OF HARRIS X
Before me, the undersigned authority, on this
day personally appeared W, T. Carter, III, President of
::. ,:: ~iu;la Company, known to me to be the person whose name
: ~, "i,... 'lil~scribed to the foregoing instrument, and acknow-
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',.,.":. \1" I" J;l9i;!vit4i, '~fi) me that he executed the same for the purposes
,.~',' ;'''':''':''::':::~''d' .QQP~!dera tion therein expressed, as the act and
~~:; ;'<:,. .. ::: }:~~~f(,i{: said Corporation and in the capacity therein
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"<~.:~:-,/;.I,,\~~/;:.:~~:,~. Given under my hand and seal of office, this
'-.: ~',':''''. ....;;:ttie:' 1./ d day of 1),., ( "Ill /,:/~ , 196_Je. .
"";, I:" i' ',\1'''' ." -- - -- -
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~otary Public in and for
Harris County, Texas
J. L. JU!,i.~i. i"~ 1.1:\' r'lIlJII:':.
tlurris C",uIII)'. 'C'''I~
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QUIT CLAIM DEED
COUNTY OF HARRIS
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THE STATE OF TEXAS
That the CITY OF LA PORTE, a municipal corporation, for and in
consideration of the sum of Ten Dollars ($10.00) cash and other
good and valuable considerations, the receipt of which is hereby
acknowledged, does, by these presents, BARGAIN, SELL, RELEASE, AND
FOREVER QUIT CLAIM unto the said SHADY RIVER DEVELOPMENT, A TEXAS
JOINT VENTURE COMPOSED OF THE CARLA COMPANY, HOUSTON REALTY SALES
COMPANY, AND SIDES DEVELOPMENT CORP., AS SUCCESSOR TO FRANCIS
INVESTMENT CO., 333 Clay Avenue, Suite 3494, Houston, Texas 77002,
their successors and assigns, all of its right, title and interest
in and to that certain lot, tract or parcel of land lying in the
County of Harris and State of Texas, described as follows, to-wit:
A tract of land out of the W.P. Harris Survey, Abstract
30, Harris County, Texas, said tract being out of two
parcels of land conveyed to Houston Realty Sales Company,
one of such parcels being a 62.512-acre tract described
in the Deed recorded in Vol. 4498, Page 205, of the Deed
Records of Harris County, Texas, to which reference is
here made for all purposes, and the second tract being a
52.4-acre tract described in that Deed recorded in Vol.
4499, Page 156, of the Deed Records of Harris County,
Texas, to which reference is here made for all purposes,
and the tract conveyed herein being more particularly
described as follows:
Beginning at a one-inch iron pipe marking the southwest
corner of the said 62.512-acre tract, said corner being
in the east right-of-way of the GH & SA Railroad;
Thence N. 7018'32" W. with said east right-of-way, at
502.83 feet pass a three-inch iron pipe for the northwest
corner of the said 62.512 acre-tract and the southwest
corner of the 52.4-acre tract, in all 604.92 feet to an
iron rod for the northwest corner of the tract being
described;
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Thence S. 8905.45" E. 390.86 feet to an ia rod for the
northeast corner of the tract being described;
Thence S. 10044 158" W. 610.69 feet to an iron rod for the
southeast corner of the tract being described, said
corner being in the south line of the said 62.512-acre
tract;
Thence N. 89059'45" W. with said line a distance of 200.0
feet to the place of beginning and containing 4.069 acres
of land.
TO HAVE AND TO HOLD the said premises, together with all and
singular the rights, privileges and appurtenances thereto in any
manner belonging unto the said SHADY RIVER DEVELOPMENT, A TEXAS
JOINT VENTURE COMPOSED OF THE CARLA COMPANY, HOUSTON REALTY SALES
COMPANY, AND SIDES DEVELOPMENT CORP., AS SUCCESSOR TO FRANCIS
INVESTMENT CO., their successors or assigns, forever, so that the
CITY OF LA PORTE, nor any person or persons claiming under it
shall, at any time hereafter, have, claim or demand any right or
ti tIe to the aforesaid premises or appurtenances, or any part
thereof.
THE PROPERTY IS HEREBY CONVEYED "AS IS", "WHERE IS" AND WITH
ALL FAULTS AND GRANTOR MAKES NO REPRESENTATIONS OR WARRANTY
WHATSOEVER WHETHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO
THE PROPERTY, THE AVAILABILITY OF UTILITIES, ACCESS OF THE PROPERTY
TO PUBLIC ROADS, APPLIANCES OR THE CONDITION, ADEQUACY OR
SUITABILITY OF THE PROPERTY FOR PURPOSES. GRANTEE AGREES THAT
GRANTEE IS NOT RELYING ON ANY WARRANTY OR REPRESENTATIONS OF
GRANTOR OR ANY AGENT, EMPLOYEE, REPRESENTATIVE, DIRECTOR OR OFFICER
OF GRANTOR, AND THAT GRANTEE IS BUYING THE PROPERTY "AS IS", "WHERE
IS", SUBJECT TO ALL FAULTS AND WITHOUT ANY EXPRESSED OR IMPLIED
WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, MATERIALS,
WORKMANSHIP, GOOD AND WORKMANLIKE CONSTRUCTION, DESIGN, CONDITION,
HABITABILITY, TENANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY OR THE ENVIRONMENTAL CONDITION OF THE PROPERTY AND
THE PRESENCE OF OR CONTAMINATION BY HAZARDOUS MATERIALS AND GRANTOR
HEREBY DISCLAIMS ANY SUCH WARRANTY. GRANTEE HAS DETERMINED ON
GRANTEE'S BEHALF (I) THE PHYSICAL CONDITION OF THE PROPERTY AND
THAT THERE IS NO DEFECT OR CONDITION WHICH IS UNACCEPTABLE TO
GRANTEE, (II) WHETHER ANY PORTION OF THE PROPERTY LIES IN ANY FLOOD
PLAIN, FLOOD WAY OR SPECIAL FLOOD HAZARD AREA, (III) WHETHER ANY
GEOLOGICAL FAULT OR UNSATISFACTORY SOIL CONDITION EXISTS ON ANY
PORTION OF THE PROPERTY, AND (IV) THAT ALL ENVIRONMENTAL CONDITIONS
RELATING TO THE PROPERTY ARE ACCEPTABLE TO GRANTEE.
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WITNESS MY HAND, this -!!!!: day of August
ATTEST:
~ Xn~ /'
SUE LENES
City Secretary
, 1996
CITY OF LA PORTE
By:
Manager
STATE OF TEXAS {
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COUNTY OF HARRIS {
This instrument was acknowledged before 'me on the ~~day of
A(~IJ.C\t ,1996, by JOHN JOERNS, Assistant City Manager of the
CIT OF LA PORTE, a municipal corporation, on ehalf of the City,
in the capacity therein stated.
100000000004:l 00 ace ooooooooooooooooco
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..-;~ '~" CAROL BUTTLER 8
: .:' * ':.": NOTARY PUBUC 8
:. ". .: : STATE OF TEXAS 8
"a,'~" COMMISSION EXPIRES 08-11.97 8
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AFTER RECORDING RETURN TO:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
PREPARED IN THE LAW OFFICE OF:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
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