HomeMy WebLinkAboutO-1998-2288
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ORDINANCE NO. 98-2288
AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEED TO AVA JEAN
ROBERTSON, INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF THE ESTATE
OF GLADYS LORENE WELCH, DECEASED, OF A 0.265 ACRE (11,560 SQUARE
FEET) PARCEL OF LAND, AS A PORTION OF THE CONSIDERATION FOR T~E
ACQUISITION OF A 1.064 ACRE (46,356 SQUARE FEET) PARCEL OF LAND,
FOR THE LOMAX FLOOD CONTROL PROJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
ORiGINAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 10 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.
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section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this Iz..~ day of (JC::rO BF:fL
, 1998.
By:
CITY OF LA PORTE
~d4,~d~
'N rman L. alone
Mayor
ATTEST:
~kU dX ,J4)1WJ
ar ha A. Gillett
City Secretary
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nox W. Askins
City Attorney
2
N.T.S.
-
-
SQ. Fr. ACRES
PARENT TRACT 0 0
EXISTING EASEMENT 0 0
ADDITIONAl ACQUISITION 0 0
TOTAL CHANNEL AREA 0 0
Prepared by City of Lo Porte
Engineering Division
Oate: 10/98 File No" 86-4302
912
9.785 AC
0 0
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RESIDUAL TRACT
DEEDED TO ROBERTSON
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
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KNOX W. ASKINS
.JOHN D. ARMSTRONG
CHARLES R. HUBER. .JR.
BOARD CERTIF'IED . CIVIL TRIAL LAW
TEXAS SOARD OF' LEGAL SPECIALIZATION
TELEPHONE 281 471-1886
TELECOPIER 281 47'-2047
January 14, 1999
Mr. John Joern~
Assistant~Manager
City of La Porte
P.o. Box 1115
La Porte, TX 77572
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Re: Lomax Flood Control Project
Dear John:
I enclose herewith the City's original Warranty Deed from Ava Jean
Robertson, which was recorded on January 1, 1999, under Harris
County Clerk's File No. T477071.
I also enclose copy of my letter to Harris County Appraisal
District, requesting that this property be placed on the tax rolls
in the name of the City of La Porte, as exempt from taxation.
Please place this Deed in the City's permanent real estate files.
~ry truly,
Knox W. Askins
city Attorney
City of La Porte
KWA: sw
Enclosures
cc: Ms. Martha Gillett
City Secretary
City of La Porte
City Hall
La Porte, Texas
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
70Z W. FAIRMONT PARKWAY
P.O. BOX IZI8
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
.JOHN D. ARMSTRONG
TELEPHONE Z81 47'-1886
TELECOPIER Z81 47'-Z047
CHARLES R. HUBER. .JR.
BOARD CERTIF'IEO - CIVIL TRIAL LAW
TEXAS BOARD OF' LEGAL SPECIALIZATION
Harris Co
ATTENT
P.O. ox
Hou on,
ty Appraisal District
NAME/ADDRESS CHANGE
920975
TX 77292-0975
Dear Sir/Madam:
I represent the City of La Porte, a municipal corporation, which
has acquired the property described on the copy of Warranty Deed
attached hereto.
Please render this property in the name of the City of La Porte,
and place on the tax rolls as EXEMPT from taxation.
Thank you for your cooperation in this matter.
Yours very truly,
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosure
cc: Ms. Martha A. Gillett
City Secretary
city of La Porte
P.O. Box 1115
La Porte, TX 77572
Mr. ohn Joerns
sistant City Manager
ity of La Porte
P.O. Box 1115
La Porte, TX 77572
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
.JOHN D. ARMSTRONG
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
CHARLES R. HUBER. .JR.
BOARD CERTIFIED - CIVIL TRIAL LAW
TEXAS BOARD OF' LEGAL SPECIALIZATION
January
an Robertson
erst Lane
ark, TX 77536
Dear Ms. Robertson:
I enclose herewith your original warranty Deed from the City of La
Porte, on a 0.265 acre tract in the Enoch Brinson Survey, which was
recorded on January 6, 1999, under Harris County Clerk's file No.
T477090.
It was my pleasure to have been of service to you in this matter.
Yours very truly,
Knox w. Askins
City Attorney
City of La Porte
KWA: sw
Enclosure
cc: ~ John Joerns
~~~istant City Manager
city of La Porte
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AMERICAN TITLE COMPANY-DP
1'477071
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Date:
WARRANTY DEED
ky-. g( , 199 B
523-20-3083
01106/99 100940424 T477071 t21.00
Grantor:
Ava Jean Robertson, Individually and as
Trustee of the Testamentary Trust created in
the will of Gladys Lorene Welch, Deceased.
Mailing Address:
1201 Amherst Lane, Deer Park, TX 77536
~
Grantee:
City of La Porte, a municipal corporation
Mailing Address:
P.O. Box 1115, La Porte, TX 77572
Consideration: Ten and No/100 Dollars ($10. 00) cash and other good
and valuable considerations
Property (including any improvements):
Being a 1.064 acre (46,356 square feet) parcel of land
located in the Enoch Brinson Survey, Abstract NO.5,
Harris County, Texas, and being out of the called north
360 feet of Outlots 915 and 916 of the La Porte Outlots,
a subdivision recorded in Volume 61, Page 374, of the
Harris County Deed Records, said 1.064 acre tract 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 drawing attached hereto as Exhibi t "B" ,
incorporated by reference herein, and made a part hereof
for all purposes.
SUBJECT TO a 60 foot wide Harris County Flood Control
drainage easement recorded in Volume 1445, Page 670, of
the Harris County Deed Records.
SAVE AND EXCEPT, and there is hereby reserved unto
Grantor, their successors and assigns, all of the
interest in the oil, gas, and other minerals in and under
and that may be produced from the above property,
however, Grantor waives the right of ingress and egress
at all times, for the purpose of mining, drilling,
exploring, operating and developing said property for
oil, gas, and other minerals and removing the same
therefrom.
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523-20-3084
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.
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.
When the context requires, singular nouns and pronouns include the
plural.
obert son , as Trustee
stamenaryTrust created
Will of Gladys Lorene
Deceased.
~
STATE OF TEXAS {
{
COUNTY OF HARRIS {
~- ins~Lumen~was acknowledged be
~ 199 ,by Ava Jean R
y
ore me on ~h~ .3('~ of
t n IndLY1dua .
'~
blic, state of Texas
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523-20-3085
STATE
OF
TEXAS
{
{
COUNTY OF HARRIS {
~ent~as acknowledged before me
, 199~, by Ava Jean Robertson,
Te~amentary Trust created in the will of G
Deceased.
.3/
on the day of
as Trustee of the
s Lorene Welch,
~e~
b11C, State of Texas
AFTER RECORDING RETURN TO:
/Js kJ .. Yl.J' -./0 !1rrYI,sk() Y?J / P c-,
?o18W 1.;)10'
LA rtJrk/ 7Y{7S~-/d-I?
PREPARED IN THE LAW OFFICE OF:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
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Gl-1i j ..J'S
523-20-3086
ENOCH BRINSON SURVEY
ABSTRACT NO. S
F 101-00-00-02-908.0
PAGE 1 OF 2
State of Texas I
County of Harris I
Being a 1.064 acre (46,356 square feet) parcel of land located in the Enoch Brinson Survey,
Abstract No.5, Harris County, Texas, and being out of the called north 360 feet of Outlots 915
and 916 of the La Porte Outlots, a subdivision recorded by plat in Volume 61, Page 374, of the
Harris County Deed Records, Harris County, Texas (HCDR). Said called north 360 feet of
Outlots 915 and 916 having been conveyed to Lee Roy Welch, et ux. (Welch), by deed dated
February 22, 1961, and recorded in Volume 4288, Page 611 of said HCDR. Said 1.064 acre
parcel being more particularly described by metes and bounds as follows:
(Bearings shown hereon. are based upon the Texas State Plane Coordinate System, South Central
Zone, utilizing City of La Porte Monument No. 's H15-o1, H14-01, E14-01, and E15-01, which
are based upon the USC &. GS North American Datum of 1927.)
BEGlNNTNl'l at a S/8-inch iron rod set for the northwest corner of Outlot 915, being in the east
right-of-way line of Sens.Road (60 feet wide), said iron " rod also being the southwest comer of
that certain parcel of land conveyed by deed dated April 12, 1969 to Quinton Lee Berry, et ux.
(Berry) and recorded in Volume 8110, Page 367 of said HCDR;
lHENCE, North 86 degrees 57 minutes 42 seconds East, with the common line of said Welch
and Beny parcels, a distance of 623.18 feet to a S/8-inch iron rod set for the northeast comer
of the herein described parcel, same being a common corner of Outlots 912,913,916, and 917
Illd from which a 2-inch iron pipe found bears North 43 degrees 26 minutes East, a distance of
1.76 feet and a II2-inch iron rod found bears North 65 degrees 31 minutes East, a distance of
1.29 feet; said Sl8-inch iron rod also being the northwest comer of that certain parcel of land
conveyed by deed dated February 27, 1968 to Glenn M. Parmer, et ox. (parmer), and recorded
in Volume 7121, Page 162 of said HCDR;
THENCE, South 03 degrees 02 minutes 45 seconds East, with the common line of said Welch
and Parmer parcels, a distance of 228.45 feet to a S/8-inch iron rod set for comer;
THENCij, North 55 degrees 02 minutes 18 seconds West, across said Welch parcel, a distance
of 179.74 feet to a Sl8-inch iron rod set for the point of curvature of a curve to the left;
THENCE, in a Northwesterly direction, continuing across said Welch parcel and with said curve
to the left, having a central angle of 38 degrees 00 minutes ()() seconds, a radius of 410.00 feet,
and a long chord length of 266.97 feet, bearing North 74 degrees 02 minutes 18 seconds West,
a distance along the arc of 271.92 feet to a S/8-inch iron rod set for the point of tangency;
THENCE, South 86 degrees 57 minutes 42 seconds West, continuing across said Welch parcel,
a distance of 229.15 feet to a Sl8-inch iron rod set for comer on the east right-of-way line of
Sens Road (60 feet wide);
EXHIBIT A
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523-20-3087
ENOCH BRINSON SURVEY
ABsTRAcr NO.5
F 101-()()..()(}.02-908.0
PAGE 2 OF 2
TRENC~, North 03 degrees 03 minutes 12 seconds West, with said east right-of-way line of
Sens Road, a distance of 30.87 feet to the POINT OF BEGINNINQ, and containing 1.064 acres
(4.6,356 square feet) of land, of-which 0.058 acre (2,538 square feet) of land lies within that
certain 60 foot wide Harris County Flood Control District Drainage Easement, recorded in
Volume 144.5, Page 670 of said HeDR, Harris County, Texas.
This description is based on a Land Title Survey and Plat by 1. Patrick Going, Registered
Professio~ land Surveyor, License Number 4477, completed October 7, 1997, and is on file
in the office of Baseline Corporation, Houston, Texas, Job No. 86.0.51.18.
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APPROVED FOR RECORDING ONLY
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Fl0l-00-00-02-908.0
LEE ROY WELCH, ET UX
VOL. 4288, PG. 611, HCDR
SQ. FT. ACRES
226.563 5.20
2.538 0.05
43.818 1.01
46.356 1.06
PARENT TRACT
EXISTING EASEMENT
ADDITIONAL ACQUISITION
TOTAL CHANNEL AREA
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EXHIBIT 11811
Prepared by City of La Porte
Engineering Division
:late: 1/98
role No. 86-4J02 .
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0.265 ACRE
(11,560 SQUARE FEET)
ENOCH BRINSON SURVEY
ABSTRACf NO.5
State of Texas
fi
'523:20':3089
County of Harris i
Being a 0.265 acre (11,560 square feet) parcel of land located in the Enoch Brinson Survey,
Abstract No.5, Harris County, Texas, and being out of a 9.785 acre tract of land, conveyed to
Glenn M. Parmer, et ux. (parmer), by deed dated February 27, 1968, and recorded in Volume
7121, Page 162 of the Harris County Deed Records, Harris County, Texas (HCDR), said 9.785
acre tract being furthermore described as Outlots 903,912, and the north 360 feet of Outlot 917
of the La Porte Outlots, a subdivision recorded by plat in Volume 61, Page 374 of said HCDR.
Said 0.265 acre parcel being more particularly described by metes and bounds as follows:
(Bearings shown hereon are based upon the Texas State Plane Coprdinate System, South Central
Zone, utilizing City of La Porte Monument No.'s HI5-0l, H14-01~ E14-0l, aitd E15-o1, which
are based upon the USC & GS North American Datum of 1927.)
BEGINNING at the southwest comer of said Panner tract, said comer being on the common line
of Outlot 917 with Outlot 916 of the aforementioned La Porte Outlots, said comer also being
on the north line of that certain called 8.626 acre tract of land conveyed by deed dated July 23,
1992 to the Buzbee- Weathersby-Cloy Corporation (Buzbee- Weathersby-Cloy) and recorded under
Harris County Clerks' File (HCCF) No. N789105 of the Official Public Records of Real
Property of Harris County, Texas (OPRRPHCT), said comer furthermore being the southeast
comer of that certain tract of land conveyed by deed dated February 22, 1961 to Lee Roy
Welch, et ux., and recorded in Volume 4288, Page 611 of said HCDR, described as the north
three hundred and sixty (360) feet of Outlots 915 and 916 of the aforesaid La Porte Outlots, and
from which a found 2-inch iron pipe bears North 25 degrees 46 minutes East, a distance of 1.56
feet.
,
THENCE, North 03 degrees 02 minutes 45 seconds West, along the common line of said
Parmer tract and said Welch tract, same being the west line of said Outlot 917 and the east line
of said Outlot 916, a distance of 134.52 feet to a 5/8-inch iron rod set for comer of the herein.
described parcel;
THENCE, South 55 degrees 02 minutes 18 seconds East, departing said common line, a distance
of 218.13 feet to a 5/8-inch iron rod set for comer on the south line of the aforesaid Panner
tract, said iron rod also being on the north line of the aforementioned Buzbee- Weathersby-Cloy
tract;
THENCE, South 86 degrees 53 minutes 20 seconds West, along the common line of said Panner
tract and said Buzbee-Weathersby-Cloy tract, a distance of 171.87 feet to the POINT OF
BEGINNING. and containing 0.265 acres (11,560 square feet) of land.
EXHmIT "e"
N~ 14. 1997
WSO:btlb
lob No.: 86.051.20
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