HomeMy WebLinkAboutO-2002-2564
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ORDINANCE NO. 2002- ~)~f
AN ORDINANCE APPROVING AN EXCHANGE OF CERTAIN REAL PROPERTY IN
BLOCK 1445, TOWN OF LA PORTE, BETWEEN THE CITY OF LA PORTE AND CARL
H. BENJAMIN AND WIFE, CAROLYN S. BENJAMIN, KAKING 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 of the City of La Porte hereby
authorizes an exchange agreement, between the City of La Porte and
Carl H. Benjamin and wife, Carolyn S. Benjamin, under the terms of
which agreement Carl H. Benjamin and wife, Carolyn S. Benjamin,
will convey to the City of La Porte by Special Warranty Deed, that
certain 0.0151 acre tract of land, out of the northeast corner of
Lot 32, Block 1445, Town of La Porte, in exchange for the City of
La Porte conveying to Carl H. Benj amin and wife, Carolyn S.
Benjamin, by Special Warranty Deed, Lot 7, Block 1445, Town of La
Porte, Harris County, Texas.
Section 2. 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 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
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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 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 24th day of June, 2002.
CITY OF LA PORTE
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By:
Mayor
ATTEST:
~t<<f14' {kIU
Marth A. Gl.lle t
City Secretary
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RE VEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
Stephen L Barr
Appropriation
Agenda Date Requested:
ource of Funds:
N/A
Department:
Pltrkll & Recre'tf;olll
Account Number:
N'A.
Re ort:
Resolution:
Ordinance: X
Amount Budgeted:
N/A
Exhibits:
Ordinance No. 2002-
Amount Requested:
N/A
Exbibits:
Diaeram sbowinl! Benjamin Property Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
As you may recall Mr. Carl B~njamin purchased Lots 25-32, Block 1445 for the purpose of
building a home. The property is adjacent to the Little Cedar Bayou Park, east of Broadway. Mr.
Benjamin's property is adjacent to the "P" Street right-of-way on which the parking area is located
for the Little Cedar Bayou Nature Trail. The property is zoned R-3 and is appropriate for single-
family residential building. The "P" Street right-of-way was never closed as a part of the Little
Cedar Bayou Park project. There are no paved streets that can serve as access to the Benjamin
property. In addition, the small Nature Trail bridge over the ditch adjacent to the Park Street right-
of-way was inadvertently built on what is now the northeast comer of Mr. Benjamin's property (see
map). The City, with Council direction, purchased Lots 7 & 8 of Block 1445 to allow access for Mr.
Benjamin to his property. Since the City needed only one of the lots for this project, Lot 8 was
offered for sale through the Sealed Bid process, with a minimum bid at market value, which
allowed to City to recover its costs for Lot 8. Mr. Benjamin was the successful bidder and Council
has approved his purchase of Lot 8. This ordinance before you, will exchange Lot 7 for a portion of
Lot 32 that contains the Nature Trail Bridge.
Staff recommends that the ordinance be approved. This solution will meet Mr. Benjamin's
needs in a way that is not dishlptive to the park operation, that does maintain Mr. Benjamin's
privacy, allows unimpeded access for emergency vehicles, and allows us to obtain the small bridge
parcel at the northeast comer of Mr. Benjamin's property.
Action Reauired bv Council:
Consider approval of an ordinance conveying Lot 7, Block 1445 to Mr: & Mrs. Carl Benjamin in
exchange for a portion of Lot 32, Block 1445, Town of La Porte.
Aooroved for City Council Ae:enda
O<~T. ~
Robert T. Herrera, City Manager
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ASKINS & ARMSTRONG, p, C,
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 121B
LA PORTE. .TEXAS 77572'1218
KNOX W. ASKINS
JOHN O. ARMSTRONG
CHARLES R. HUBER. JR.
BOARD CERTIFIED. CIVIL TRIAL LAW
TEXAS BOARD OF' LEGAL SPECIALIZATION
CLARK T. ASKINS
August 21, 2002
Ms. Martha Gillett
City Secretary
City of La Porte
City Hall
La Porte, Texas
Re: City of La Porte
Acquisition from Carl H. Benjamin
Dear Martha:
TELEPHONE 2BI 471-IB86
TELECOPIER 281 471-2047
I enclose herewith original Special Warranty Deed dated June 26,
2002, from Carl H. Benjamin, to the City of La Porte, which was
recorded on July 17, 2002, in the Harris County Clerk's office
under Harris County Clerk's file No. V941986i and re-recorded to
attach Exhibit "A", on August 6, 2002, under Harris County Clerk's
File No. V988604.
I also enclose copy of my letter to the Harris County Appraisal
District, advising it of this purchase, and requesting that this
property be placed on the tax rolls as exempt.
Y1Z7 truly,.
~~ W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosures
cc: Mr. John Joerns
Acting City Manager
City of La Porte .
Mr. Stephen Barr
Director of Parks & Recreation
City of La Porte
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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 O. ARMSTRONG
CHARI.E:S R. HUBE:R. ..JR.
BOARD CERTIFIED. CIVIL TRIAL LAW
TEXAS BOARD OF' LEGAL SPECIALIZATION
CI.ARK T. ASKINS
TE:I.E:PHONE: 281 471-1886
TE:I.E:COPIE:R 281 471-2047
August 21, 2002
Harris Cou
ATTENTI
P.O. x
Hou on,
y Appraisal District
NAME/ADDRESS CHANGE
920975
TX 77292-0975
Re: See attached photocopy of deed.
Dear Sir/Madam:
I represent the City of La Porte, a municipal corporation, which
has acquired the property described on the attached deed, dated
June 26, 2002.
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. Katherihe R. Powell
Tax Department
City of La Porte
~ Martha A. Gillett
~~;~ Secretary
City of La Porte
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lV941986) ·
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V988604
~ 300795435 V9419a&
SPECIAL WARRANTY DEED
.11.00 ~
"THIS DEED IS BEING RE-:-RECORDED TO ATTACH ;fEXHIBIT~""
08/06/02 201848202 U9i8&04
$15.00
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Date:
..-.-
JJAJ~ 2~ ,2002
Grantor:
Carl H. Benjamin, joined herein pro forma by my
wife, Carolyn S. Benjamin
Mailing Address:
P.O. Box 582, La Porte, TX 77572-0582
Grantee:
City of La Porte, a municipal corporation
/f:E
Mailing Address:
604 West 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) :
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Being a 0.0151 tract of ,land out of the Northeast corner
of Lot 32, Block 1445, Town of La Porte, Johnson Hunter
Survey, A-35, Harris County, Texas, as more particularly
described by metes and bounds and plat attached hereto as
Exhibit IIAII.
Reservations from and Exception to Conveyance and Warranty: This
conveyance is made subject to all and singular the re~t~ictiqns,
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, by, through, or under Grantor
but n<?t otherwise, except as to the rese~t~~ REeenqOand
except10ns to conveyance and warranty. 8:00 AM
AUG · 6 2002
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When the context requires,
plural.
STATE OF TEXAS ~
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COUNTY OF HARRIS ~
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singular nouns and pronouns
car~~~
include the
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carolyn's. BenjamjU}
This instrument was acknowledged before me on the ~~ day of
::3UV'-~ 2002, by Carl H. Benjamin and wife, Carolyn S.
Benjamin.
e LANA MOORE
- . NOTARY PUIIIC
STATE 0' TeXA.
"" *~ MY COMMISSl9N UP'I,'
. ~..~ APRIL 3, 2005
AFTER RECORDING RETURN TO:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
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Notary Public
State of Texas
.. WHICH RESTOOS 'lItE &ALE RENTAL, OR U$E OF TIlE DESCRIBED REAL
'::w~~~ Of tOl~R OR R.\tlI Il'IAlll AHD UMENfORCNE U.DlR feDERAl lAW.
THE STATE OF TEJWl
COUNTY OF t:tARA':.MlIfltllMSleJllllleIl..........
= ~~ :.::-, AECCACf.D.Int.w_NliolllanlalRul,...,cll'ft
CMI, TIIIIII
JUL 1 7 2002
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HARRIS COUNTY. TEXAS
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PREPARED IN THE LAW OFFICE OF:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
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METES AND BOUNDS DESCRIPTION
O.OISI-ACRE TRACT
Out of
BLOCK 144S, TOWN OF LA PORTE
JOHNSON HUNTER SURVEY, A-35
HAEUUSCOUNTY,TEXAS
Being a 0.0151 tract" ofland out of Northeast corner oflot 32, Block 1445, Town of La Porte, Johnson D.
. Hunter Survey, A-35, Harris Courity, Texas; said property being shown on the' plat recorded in Volume
72, Page 4 of the Harris County Deed Records. The metes and bounds description described the survey
'performed by H. Carlos Smith, Engineers & Surveyors, Inc. in October 2001. The easement is more
particularly' described by metes and bounds as follows:
BEGINNING at a 5/8-inch iron rod with cap, found for the Northeast comer of Lot 32, Block 1445.
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Thence; coincident with the East boundary line of Block 1445 and the West right-of-way line of Park
Avenue (based on a width of 60 feet); following a curve to the left in a southerly direction; said curve
having a radius of 1245.77 feet, a central angle of 1 degree 13 minutes 22 seconds, a chord bearing of
S 18 degrees 06 miriutes 58 seconds W - 26.58 feet~ for an arc distance of26.58 feet to a 5/8-inch iron
rod with cap set for comer.
Thence, N 60 degrees 05 minutes O? seconds'W a distance of,50.66 feet to a 5/8 inch iron rod with cap
set for comer; said point being coincident with the South right-of-way line of"P" street.
Thence, East; coincident with the South right-of-way line of "P" .street (based on a width of 80 feet); a
distance of 52.18 feet RETURNING TO THE POrnT OF BEGINNING.
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James F. Beck
Texas Professional Land Surveyor No. 2021
'Project #3429-01 .
Date: October 10,2001
REVISED: 10/23/2001
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'P' STREET
(BO' R.O.\.!. UNIMPROVED>
NOTE, ASPHALT PARKING LOT
NOT LOCATED OR SHDIoIN
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EAST 190.96'
RErERENCE BEARING <EAST> rROM PLAT
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TIIo CITY or LA PllRTE
I, JAM[S r. BECIC, DC HEREJY CERTIFY THAT TlitS PLAT CllIlI~[CTLY
REPRESENT S A SURVE:Y MADE UNDER MY SUPERVtSION. AND THAT THt
r ACTS AS f1IUND ON THE GROUND AT THE TIME or THE SURVEY AIlE
AS SHllIoIH HEREON.
REVISE!) tO/23/2001
SET TIoIO CORNERS AND REvtSED TITLE BLOCK
AND SURVEY DRAVING.
ADDED SURVEY CERTIFICATION
10-~-01
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3429-01
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VACATED. ABANDONED
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EXHIBIT DRAIJINCi
PLAT RErERENCE. VlIL 72, PG. 4, H.C.DR.
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All PRO"". mlllIMICI RIURtlS1HE IllE. REIlIl.OR USE OF IHE DESCRIED REAl
PROmlllECAUH OF COLOR OR RICE 61Yl1ll AID UIElFORCElIl.E UIDER FEOERllUI.
1HE STATE OF TEXAS
COUNTY OF HARRIS
I "'"i! cllilf 1II111il i1.....nl... FLED iI FII HIIIOI/ S.qu.IICIDI'" diM IIllIII lilt 1itI.
'M.,.j Itlld l, II: ,oj III jlllr RECORDED. M.. Olilial P..1ie RK.",.I R..I P',,11If II HllliI
C.o"" T 11I'11
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AUG - 6 2002
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COUNTY CLERK
HARRIS COUNTY, TEXAS
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METES AND BOUNDS DESCRIPTION
O.OI5t-ACRE TRACT
Out of
BLOCK 1445, TOWN OF LA PORTE
JOHNSON HUNTER SURVEY, A-35
HARRIS COUNTY, TEXAS ,
Being a 0.0151 tract ofland out of Northeast comer oflot 32, Block 1445, Town of La Porte, Johnson
Hunter Survey, A-35, Harris COUIity, Texas; said property being shown on the plat recorded in Volume
72, Page 4 of the Harris County Deed Records. The metes and bounds description described the survey
performed by H. Carlos Smith, Engineers & Surveyors, Inc. in October 2001: The easement is more
particularly described by metes and bounds as follows:
BEGINNING at a S/8-inch iron rod with cap, found for the Northeast comer of Lot 32, Block 1445.
Thence; coincident with the East boundary line ofBlock'1445 and the West right-of-way line of Park
Avenue (based on a width of60 feet); following a curve to the left in a southerly direction; said curve
having a radius of 1245.77 feet, a central angle of 1 degree 13 minutes 22 seconds, a chord bearing of
S 18 degrees 06 minutes 5~ seconds W - 26.58 feet; for an arc distance of26.58 feet to a 5/8-inch iron
rod with cap set for comer.
Thence, N 60 degrees 05 minutes 05 seconds W a distance of 50.66 feet to a 5/8 inch iron rod with cap
set for comer; said point being coincident with the South right-of-w~y line of'op", street.
Thence, East; coincident with the South right-of-way line of 'OP" street (based on a width of 80 feet); a
distance of 52.18 feet RETURNING TO THE POINT OF BEGINNING.
~~ <~L/
James F. Beck
Texas Professional Land Surveyor No. 2021
Project #3429-01
Date: October 10,2001
REVISED: 10/23/2001
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'p. STREET
(80' R.O,\J. UNIMPROVED)
NOTE' ASPHALT PARKING LOT
NOT LDCA TED OR SHII\JN
'FND 5/8'
t.R.\J ICAP
16'
EAST 190,96'
REFERENCE BEARtNG (EAST> FROM PLAT
SET 5/8' I,R. 'vi ICAP
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TO. ~ITY DF" I A PrlRT~
I. JAMES F, BECK, DO HEREBT CERtiFY THAT THIS PLAT CORRECTLT
REPRESENTS A SURVEY MADE UNDER MT SUPERVISION,. AND THAT THE
FACTS AS nlUHD ON THE GRlIlJND AT THE TIHE OF THE SURVEY ARE
AS SHII\JN HEREON.
th OAT or llCTOBER, 2DOL
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VACA TED, ABANDONED
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CITY or LA PORTE
oRO, 1536
APRtL t3, t987
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EXHIBIT DRA'vIING
PLAT REFERENCE. VII. 72. PG, 4, H.C.D.R.
.0151 ACRE TRACT
OUT OF"
LOT 32, BLOCK 1445
MAP OF LA PORTE TEXAS
JOHNSON HUNTER SURVEY, A-35
HARRIS. COUNTY, LA PORTE. TEXAS
REVISEIJo t0/23/2001
SET TIJO CORNERS AND REVtSED TITLE BLllCK
AND SURVEY DRAVING.
ADDED SURVEY CERtiFICATION
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3429-0t
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