HomeMy WebLinkAboutO-1999-2354
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ORDINANCE NO. 99- d 3ft.{.
AN ORDINANCE AUTHORIZING AND APPROVING THE SALE OF LOTS 12, 13, 14,
15, AND 16, BLOCK 177, OF THE TOWN OF LA PORTE, HARRIS COUNTY,
TEXAS, TO THE HIGHEST BIDDER FOR CASH; AUTHORIZING EXECUTION OF A
SPECIAL WARRANTY DEED RETAINING A SANITARY CONTROL EASEMENT;
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 hereby
authorizes and approves the sale of Lots 12, 13, 14, 15 and 16,
Block 177, Town of La Porte, Harris County, Texas, to Dilip Patel,
M.D., the highest bidder for a cash bid of $62,125.00.
The City
Council authorizes the City Manager to execute, and the City
Secretary to attest, the Special Warranty Deed retaining a sanitary
control easement, in form attached hereto, and any and all other
documents necessary documents to complete the conveyance.
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
its passage and approval, and it is so ordered.
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ORDINANCE NO. 99- ~35"~
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PASSED AND APPROVED, this 23rd day of August, 1999.
ATTEST:
1!J/!!!t~,lt~'
City Secretary
~u)
Knox W. Askins
City Attorney
By:
LA PORTE
PAGE 2
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Date:
SPECIAL WARRANTY DEED C 0 p~
August 25, 1999
Grantor:
CITY OF LA PORTE
a municipal corporation
Mailing Address:
P.O. Box 1115
La Porte, TX 77572
Grantee:
DILIP PATEL, M.D.
Mailing Address:
410 East Fairmont Parkway
La Porte, TX 77571
Consideration: Ten and No/100 Dollars ($10.00) cash and other good
and valuable considerations
Property (including any improvements):
Lots 12, 13, 14, 15 and 16, in Block 177, of the Town of
La Porte, Harris County, Texas, according to the map or
plat thereof recorded in Volume 58, Page 460, of the Deed
Records of Harris County, Texas, and being a portion of
the property conveyed by Volume 2080, Page 149 of the
Deed Records of Harris County, Texas.
This conveyance is made and accepted subject to the following
restrictions, which shall constitute covenants running with the
land, and shall be binding on Grantee, its successors and assigns,
to-wit:
1. Sanitation control upon all of the herein conveyed property,
which is located adjacent to a deep water well, and
specifically prohibiting the construction and/or operation of
stock pens, feed lots, dump grounds, privies, cesspools,
septic tank drainfields, drilling of improperly constructed
water wells of any depth and all other construction or
operation that could create an insanitary condition within,
upon or across the above described tract of land;
2. Tile or concrete sanitary sewers, septic tanks and storm
sewers "are specifically prohibited on the above described
tract of land.
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3. This sanitation control permits the construction of homes or
buildings upon same, provided, however, that all stock pens,
feed lots, privies, tile or concrete sanitation sewers,
cesspools, septic tanks, storm sewers, septic tank
drainfields, drilling of improperly constructed wells of any
depth and other construction and/or operations that could
create an insanitary condition within, upon or across same are
specifically prohibited on the above described tract of land.
4. Farming and ranching operations are prohibited on the above
described tract of land.
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.
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, by, through, or under Grantor
but not otherwise, except as to the reservations from and
exceptions to conveyance and warranty.
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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 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.
When the context requires, singular nouns and pronouns include the
plural.
By:
CITY OF LA PORTE
~~ T, \-\-~
ROBERT T. HERRERA
City Manager
ATTEST:
~Cv a, Ji1l1iti
a tha A. Gillett
City Secretary
APPROVED:
Knox W. Askins
City Attorney
STATE OF TEXAS {
{
COUNTY OF HARRIS {
~ThiS instrument was acknowledged before me on the iJ..,& day of
. , 1999, by ROBERT T. HERRERA, City Manager of the City
of a Porte, a municipal corporation ,., .~)
I f.-
~.. .
ary . b , State of Texas
AFTER RBCORDING RETURN TO:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
PRBPARBD IN THE LAW OFFICB OF:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
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