HomeMy WebLinkAboutO-2002-2574
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ORDINANCE NO. 2002- 3s1f
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND FAIRMONT PARK EAST HOMEOWNERS' ASSOCIATION,
FOR THE EXCHANGE OF REAL PROPERTY AND PROVIDING FOR THE
CONSTRUCTION OF A NEIGHBORHOOD PARK, MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE
OPBN 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 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 tne 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. 2002- #5"11
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PASSED AND APPROVED, this 12th day of August, 2002.
ATTEST:
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Mart a A. Gil ett
City Secretary
AP~tZ/
Knox W. Askins
city Attorney
CITY OF LA PORTE
By:
~J; ~~
/~man ~ MaIO~
Mayor
P.AGE 2
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RE UEST FOR CITY COUNCIL AGENDA ITEM
Stephen L. Barr
Appropriation
Agenda Date Requested: Au ust 14 2002
Requested By:
unds:
N/A
Department:
Account Number:
N/~
Re or:
Resolution:
Ordinance: X
Amount Budgeted:
N/A
Exhibits:
Ordinance No. 2002-
Amount Requested:
N/A
Exhibits:
A2reement
Budgeted Item:
YES
NO
Exhibits:
Resolution - FPF,HOA Board of Directorll
SUMMARY & RECOMMENDATION
The City has negotiated an Agreement with the Fairmont Park East Homeowner's
Association to exchange the 1.8 acre parcel of land occupied by the Fairmont Park East park and
swimming pool, for an 8.15 acre site currently being used as a detention basin for the Fairmont Park
East subdivision. The Fairmont Park East Homeowner's Association will continue to operate the
swimming pool and park as a recreation area for neighborhood residents. The City will pursue re-
designing the existing Fairmont Park East Detention Basin to convert it into a multi-use
park/detention facility. The existing facility does not have adequate maintenance access for
utilization as a recreation area. Re-design will provide the needed access and, with community
input, also provide a conceptual park layout for future development of this site.
Staff recommends that the ordinance be approved. The City plans to work with the
Fairmont Park East Homeowner's Association to develop a detention basin/park that will meet both
the City's and the area homeowner's recreation needs at this new park site.
Action Required bv Council:
Consider approval or other action regarding an ordinance authorizing an agreement between
the City of La Porte and Fairmont Park East Homeowner's Association for the exchange of real
property and providing for the construction of a neighborhood park.
ADProved for City Council Aeenda
tfh Io~
DatI'l
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
Mr. Stephen
Director Parks & Recreation
city La Porte
Cit Hall
Porte, Texas
TE:LE:PHONE: 281 471-1886
Cil:I~'~ n~~ffl~l:fmcet'-2047
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KNOX W. ASKINS
JOHN D. ARMSTRONG
CHARLE:S R. HUBE:R. JR.
SOARD CE'RTlf"IEO . CIVIL TRIAL LAW
TEXAS BOARD Of' LeGAL SPECIALIZATION
CLARK T. ASKINS
August 1, 2002
Re: Fairmont Park East Homeowners' Association
Dear Stephen:
John Joerns has asked me to make a final review of the enclosed
documents, which are now ready for City Council approval at the
August 12th meeting:
1 . Ordinance;
2. Agreement with Fairmont Park East Homeowners'
Association;
3. Deed from Fairmont Park East Homeowners' Association to
the City of La Porte of the detention pond property;
4. Deed from City of La Porte to the Homeowners'
Association;
5. copy of minutes of the Homeowners' Association; and
6. copy of opinion letter from Homeowners' Association
attorney to the City of La Porte.
Please prepare an agenda request and give this package to Martha
Gillett for the August 12th agenda.
;;?IJ truly,
Knox W. Askins
city Attorney
City of La Porte
KWA: sw
cc: Mr. John Joerns
Acting City Manager
City of La Porte
~. Martha Gillett
vCity Secretary
ri r.v of T,;:j Porte
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AGREE~~ENT
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S~~TE OF TEXAS
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COUNTY OF HARRIS
THIS AGREEMENT, made and entered into this 1st day of July,
2002, by and between the CITY OF LA PORTE, a municipal corporation,
of Harris County, Texas, her,einafter referred to as "CITY", and the
FAIRMONT PARK EAST HOMEOWNERS' ASSOCIATION, a Texas non-profit
corporation, having its principal office in Harris Coun~y, Texas,
hereinafter referred to as "ASSOCIATION",
RECITATIONS
I.
The parties to this Agreement heretofore entered into that
certain Agreement of Lease, dated April 1, 1983, wherein CITY is
Lessor, and ASSOCIATION is Lessee, in which Agreement of Lease that
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certain lot, tract or parcel of land, known as the Subdivision
Community Center, containing 82,543.05 square feet, more or less,
as shown on the plat of section Two, Fairmont Park East, as
recorded in Volume 319, Page 53, of the Map Records of Harris
County, Texas, reference to which is here made for all purposes,
which Agreement of Lease is for a term expiring March 31, 2023.
The purpose of the Agreement of Lease was to provide for operation
of the property by ASSOCIATION as a park and recreation area, for
the benefit of its residents.
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II.
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day of
, 1998, Eddie V. Gray, Trustee, as grantor, conveyed to
out of the William M. Jones Survey, Abstract No. 482, Harris
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County, Texas, and being more parL~~ularly described as Detention
Res~Jve on the Plat of ~airmont Par~ East, section Six, as recorded
under Harris County Clerk's File No. T569294. The warranty deed
contained the following restrictions, to-wit:
"Further, the real property conveyed hereby may be used
only for the purpose of detention of rainwater from
Fairmont Park East, section Six, and from future sections
as shown on the General Plan of Fairm9nt Park East, which
includes Fairmont Park East, sections Five, and Seven
through Nine;
SAVE AND EXCEPT that said tract may also be used for
recreational playing fields, open space, park area or
other similar use so long as any use of the said tract
shall in no way interfere with its .use as a detention
area for rain water. By acceptance of this warranty
deed, the Grantee herein accepts the responsibility for
maintenance of the real property. This restriction as to
the use of this tract shall also be included in the
Declarations and Covenants recorded against Fairmont Park
East, section Six, of even date herewith and any member
of the Fairmont Park East Homeowners' Association and/Or.
the city of La Porte shall have the right, but not the
obligation, to enforce this restriction."
III.
ASSOCIATION is desirous of obtaining a special warranty deed
from CITY, conveying to ASSOCIATION, the real property described in
paragraph I, above.
CITY is desirous of obtaining a special warranty deed from
ASSOCIATION, to the real property described in Paragraph II, above.
ASSOCIATION has taken all steps legally necessary, to obtain
the consent of its members, to this proposed exchange.
CITY will approve this proposed exchartge by ordinance which
shall be adopted by the City Council of CITY.
'",. "rf" ." ASSOCIATION will continue to operate the real property
described in Paragraph I, above, as a recreation area for its
residents.
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'. CITY proposes to use the real property described in Paragraph
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iI, above, as a stormwater detention area and a neighborhood park.
The focus of a neighborhood park is to provide active recreation
and playground use for the residents of nearby neighborhoods.
Typical activities include field games, court games, playgrounds,
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picnicking, and walking/jogging. CITY contemplates developing a
neighborhood park that also functions as a detention basin, similar
to CITY's Glen Meadows Park.
CITY will not build out the park fo~ use in organized league
sports with the associated fenced fields, light towers, and
concession stands. The park might include backstops for practice
or pick up baseball/softball games.
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The park will include off-street. parking.
CITY will. not
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permit on-street parking on Driftwood Drive, adjacent to the park.
ASSOCIATION will appoint a committee to provide input to CITY
regarding the design of park. .
WIT N E SSE T H:
That the parties hereto, for and in consideration of the
premises, and the mutual covenants and agreements contained herein,
agree as follows:
I.
CITY shall convey to ASSOCIATION, by special warranty deed,
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free of any liens and encumbrances, including any ad valorem taxes,
the real property described in Recitations, Paragraph I, herein.
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II.
ASSOCIATION shall convey to CITY, by special warranty deed,
free of any liens and encumbrances, including ad valorem taxes, the
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real property described in Recitat~0ns, Paragraph II, herein. The
conveyance
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from ASSOCIATION to CITY shall be
subject
to the
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~estrictions contained in the warranty deed from Eddie V. Gray,
Trustee, to ASSOCIATION, described in Recitations, Paragraph II,
above.
III.
ASSOCIATION shall continue to operate the real property
described in Recitations, Paragraph I, as a recreation area for its
residents.
IV.
CITY shall construct and operate on the real property
described in Recitations, paragraph II, the facilities described in
Recitations, Paragraph II, herein.
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V.
The existing Agreement of Lease between CITY and ASSOCIATION,
dated April 1, 1983, will be deemed merged into the title of
ASSOCIATION, by this transaction, and cancelled.
VI.
CITY shall assume and pay current year ad valorem taxes on the
real property described in Recitations, Paragraph II, herein.
ASSOCIATION shall assume and pay all tax liability on the
improvements on the real property described in Recitations,
Paragraph I, herein.
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VII
ASSOCIATION agrees not to impose or assess any fees or
".' .~. ..
'.. -assessments, against the property conveyed by ASSOCIATION to CITY.
The Detention Pond property described in Recitations, Paragraph II,
herein, shall not be subject to the covenants and restrictions of
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Fairmont Park East, section Six, ~:=cept to the extent as outlined
in t-.he Deed from Eddie V. Gray" Trustee, as Grantor, to the
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ASSOCIATION, as set forth in Recitations, Paragraph II, herein.
IN WITNESS WHEREOF, the Parties hereto have hereunto signed
and sealed this instrument in several duplicate originals, this the
1st day of July, 2002.
By:
ATTEST:
tjJJ!ltd~./1;Llj
M r ha Gillett
City Secretary
Jo n Joerns
Acting City Manager
FAIRMONT PARK EAST
HOMEOWNERS' ASSOCIATION
BY~..' .:0 ~~_
Dav~d Kl ng n
President
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Sec . ary
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RESOLUTION OF THE BOARD OF DIRECTORS OF
FAIRMONT PARK EAsT HOMEOWNERS' ASSOCIATION
AUTHORIZING TRADE OF PROPERTY WITH CITY OF LA PORTE
STATE OF TEXAS 9
COUNTY OF HARRIS ~
WHEREAS, the Declaration of Cov~nants, Conditions, and Restrictions for each
section of Fairmont Park East subdiyision has been amep.ded by the appropriate number
of owners in each section with the result that each document now contains language
allowing the transfer of the detention pond area in Fairmont Park, Section Six to the City
of La Porte to be used as a park area, and
WHEREAS, the City of La Porte wishes to enter into an agreement to accept the
detentioI;l pond area and in return de,ed the parcel of land containing the Subdivision
Community Center to the Fairmont Park East Homeowners' Association (hereinafter
"Association"), and
WHEREAS, the Board of Directors of the Association are of the opinion that the
trade will be beneficial for the Association,
NOW THEREFORE, the Board of Directors hereby resolves the following: \...
Under the power granted by the Declaration of Covenants, Conditions and
Restrictions for each section of Fairmont Park East subdivision, the Board of
Directors for Fairmont Park East Homeowners' Association hereby agrees to deed
the detention pond area in Section Six: to the City of La Porte and to accept the
deed to the Subdivision Community Center property from the City of La Porte.
TIDS RESOLUTION was unanimously approved by the Board of Directors of Fairmont
Park East Homeowners' Association on the --1fl-fh day of ~ '
2002.
G:)dJ~-
David Klingman, Pr~sident
~~~ j ~d~
Marsha Lindstrom, Vice-President
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Don Wilcox, Director
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dIE STATE OF TEXAS
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COUNTY OF HARRIS
instrument was acknowledged before me, on the \5th
2002, by David Klingman, President of the
e Fairmont Park East Homeowners' Association. .
, NOT~~~
THE STATE OF TEXAS
day of
Board of
~~~ Cathryn Winfield
.~~ Notary Public. SIal. 01 Te.as
.~~ My CommISSIon bpI/IS
Si~.. MARCH 12.2005
COUNTY OF HARRIS
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THE STATE OF TEXAS
instrument was acknowledged before me, on the 151+\ day of
2002, by Marsha Lindstrom, Vice-President of the Boar,d of
e Fairrnont Park East Homeowners' Association. . '.
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NOT~ic IN ANn ~R .
THE STATE OF TEXAS
. ~~....~~.. Cathryn Winfield
. IIolaJy Public. Stall oJ T_
I. .., CommllliDa'EJpiIII
'Si...JI; 'MARCH 12. 2005
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THE STATE OF TEXAS
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COUNTY OF HARRIS
was acknowledged before me, on the ~ day of
2002, by Mike Prasek, SecretarylTreasurer of the Board of
e Fairmont Park East Homeowners' Association. .
NO~~
THE STATE OF TEXAS
\.......~. ..
~?~~. Ca~hryn Winfield
. ~ Pulllil:. SIal. 01 Tem ~
, "'--~ ~ II)' CommlUlOn ExplI.1
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THE STATE OF TEXAS ~
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~[fhi instrument was acknowledg~d before me. on the J 51V\ day of
_ ,2002. by Doug Bryant. member of the Board of Directors of
the Fairmont k East Homeowners', Association. r~ LD' ri La i d
NOTARYP LICIN~
~~~~\ Cathryn Winlael(l THE STATE OF TEXAS
. ~ Notary PubliC Slate ollela~
. ~ My COmnIJ5510n [aU" es
~." MARCH 12.2005
COUNTY OF HARRIS
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THE STATE OF TEXAS
~ instrument was acknowledged before me, on the 15ft! day of
. , 2002. by Don Wilcox. member of the Board of Directo:r:s of
the Fairmon ad< East Homeowners' Association. ~ tLJ' . ..
NOTARYPUBL INAND~
mE STATE OF TEXAS
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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 D. ARMSTRONG
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
CHARLES R. HUBER, .JR.
BOARD CERTIFIED" CIVIL tRIAl.. LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
CLARK T. ASKINS
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!By t!.So d
September 3, 2002
Ms. Martha Gillett
city Secretary
City of La Porte
city Hall
La porte, Texas
Dear Martha:
I enclose herewith original Special Warranty Deed from Fairmont
Park East Homeowners' Association to the city of La Porte, of the
property described as Detention Reserve, Fairmont Park East,
section six. This deed was recorded August 21, 2002, under Harris
County Clerk's File No. W022864. I am also forwarding to you a
certified copy of the Resolution of the Board of Directors of
Fairmont Park East Homeowners' Association, authorizing the trade
of property with the city of La Porte, which was recorded on the
same date under Harris County Clerk's File No. W022865.
Please place these documents in the City's permanent real estate
records.
I enclose copy of my letter to Harris County Appraisal District,
rendering this property in the name of the city of La Porte, and
claiming tax exemption.
Yours very truly,
Q"~~uf"
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i ox W. 'Askins
city Attorney
city of La Porte
KWA: sw
Enclosures
cc: Mr. John Joerns
Acting city Manager
city of La Porte
Mr. Doug Kneupper
Director of planning
city of La Porte
Mr. Steve Barr
Director of Parks & Recreation
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W022864
SPECIAL WARRANTY DEED
08/21/02 101908575 "022864
$11.00
Date:
July 1, 2002
Grantor:
FAIRMONT PARK EAST HOMEOWNERS' ASSOCIATION
a Texas non-profit corporation
. p . 9 . BUA 1 '7 4 S ~ J~qfi1 6 LllF Free.uJatj 1 Sw.:Jt 3a:;
Houston, TX 77:;)131 11034 ~
Mailing Address:
Grantee:
CITY OF LA PORTE, a municipal corporation
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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) :
That certain 8.151 acres, more or less, out of the
WilliamM. Jones Survey, Abstract No. 482, Harris County,
Texas, and being more particularly described as Detention
Reserve on the Plat of Fairmont Park East, section Six,
as recorded under Harris County Clerk's File No. T569294,
in the city of La Porte, Harris County, Texas.
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FILE FOR RECORD
8:00 AM
AUG 2 1 2002
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County CIerI<. HarTIs County. Texas
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.
FAIRMONT PARK EAST
HOMEOWNERS' ASSOCIATION
BY'~~ ~~
avid Klingma'
President
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ATT~
NIT PRlMSDl HEREIl WHICH RESTJI:lS lit( UlE.RENTM.1II USE OF M IlfSCRIED RUL
PRllPBI1YBECAUSE OF caJIlllllW:E IlIlWUl NIllllE1lRlRCWlE UNDER fBlERAL lAW.
THE STATE OF TEXAS
COUNTY OF HARRIS
IlInllJcdyllal" ftilnIMlC.. FUO h fie IUMer Sepalll" dllIlIlIlII..1mt
1lIIIIpIII'" bllIII; llIIIllIIm., RECORDEO.1iI11i1 (MIdaI Mic IIecDIds II Rill Pnpelfllllllnfl
CMy. T_III
STATE OF TEXAS
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AUG 2 1 2002
~~~~
COUNTY ClERK
HARRIS COUNTY. TEXAS
COUNTY OF HARRIS
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~nstrument was acknowledged
, 2002, by David Klingman,
East H eowners' Association, a Texas
behalf of said association.
before me on the J5~ day of
President of Fairmont Park
non-profit corporation, on
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~ .. CITlI'III11'= "'
~~.. MARCH ta._
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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.w022865
RESOLUTION OF THE BOARD OF DIRECTORS OF
FAIRMONT PARK EAsT HOMEOWNERS' ASSOCIATION
AUTHORIZING TRADE OF PROPERTY WITH CITY OF LA PORTE
STATE OF TEXAS ~
COUNTY OF HARRIS
~
$13.00
08/21/02 101908576 11022865
WHEREAS, the Declaration of Cov~nants, Conditions, and Restrictions for each
. section of Fairmont Park East subdivision has been amended by the appropriate number
of owners in each section with the result that each document now contains language
allowing the transfer of the detention pond area in Fairmont Park, Section Six to the City
of La Porte to be used as a park area, and
WHEREAS, the City of La Porte wishes to enter into an agreement to accept the
detention pond area and in return deed the parcel of land containing the Subdivision
Community Center to the Fairmont Park East Homeowners' Association (hereinafter
"Association"), and
WHEREAS, the Board of Directors of the Association are of the opinion that the
trade will be beneficial for the Association,
NOW THEREFORE, the Board of Directors hereby resolves the following:
Under the power granted by the Declaration of Covenants, Conditions and
Restrictions for each section of Fairmont Park East subdivision, the Board of
Directors for Fairmont Park East Homeowners' Association hereby agrees to deed
the detention pond area in Section Six to the City of La Porte and to accept the
deed to the Subdivision Community Center property from the City of La Porte.
TIllS RESOLUTION was unanimously approved by the Board of Directors of Fairmont
Park East Homeowners' Association on the _l'nih day of ~ '
2002.
CWdJ~
David Klingman, P sident
/I!~ J ~~
Marsha Lindstrom, Vice-President
'y:f F ~,P-
Doug ant, Direc r
FILE FOR REOORD
8:00 AM
AUG 2 1 2002
~..d'~?-~../
County Cieri<, HarTIs County, Texas
....:;.~V\~\ ~
Don Wilcox, Director
'\5th day of
2002, by David Klingman, President of the Board of
e Fairmont Park East Homeowners' Association. .
NOT~~~
THE STATE OF TEXAS
.
THE STATE OF TEXAS
COUNTY OF HARRIS
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instrument was acknowledged before me, on the
~~ Cathryn Winfield
~j Iolary Pubtic, Sllle 01 Tells
~~ My CommISSIon EaOlles
~. MARCH 12. 2005
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THE STATE OF TEXAS
COUNTY OF HARRIS
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instrument was acknowledged before me, on the 15*' day of
2002, by Marsha Lindstrom, Vice-President of the Board of
e Fairmont Park East Homeowners' Association.
, $Z~.~' ... Cathryn Winfield
. ..,PuIlliC.5'....n-
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THE STATE OF TEXAS
com-fry OF HARRIS
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instrument was acknowledged before me, on the ~ day of
2002, by Mike Prasek, Secretaryffreasurer of the Board of
e Fairmont Park East Homeowners' Association.
$~~ C~hryn Winfield
. ~ Public, Stile ot Te.as
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THE STATE OF TEXAS ~
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COUNTY OF HARRIS ~
~hi instrument was acknowledg~d before me, on the J6t"\ day of
,2002, by Doug Bryant, member of the Board of Directors of
the Fairmont k East Homeowners' Association. ~fl-H\hJ nJ 10lnl.J II G d
NOT~IN~
~~".~~~. Cathryn Winhell'.l THE STATE OF TEXAS
. . NotJry PubliC Stale al 'e'i~
. y ~ My Camnll5$lon Eaplles
~..... MARCH 12..2005
COUNTY OF HARRIS
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THE STATE OF TEXAS
~Th's instrument was acknowledged befure me, on the 15#1 day of
___ ' 2002, by Don Wilcox, member of the Board of Directors of
the F airmon ark East Homeowners' Association. ~ 1I.u. "".. '\ \.lJ' .
e Cathoyn Wonf;.,"- NOTAR~ ANri~
~. NolaryPubltc Slateolle,u THE STA'TE OF TEXAS
, ~ Mr CommISSIon E.,lfll .M.
· MARCH 12. 200S
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p. 0 I I!;O ~1 I ill 6
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NI'I PRIMSDI HlRRIMtICH RESTJn lIE UII.REIlTM. at USE OF 114E DESCRIED IlEAL
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THE Sf ATE OF TEXAS
COUNTY OF HARRIS
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AUG 2 1 2002
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COUNTY CLERK
HARRIS COUNTY. TEXAS
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1216
LA PORTE, TEXAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
TELEPHONE 261 471-1666
TELECOPIER 261 471-2047
CHARLES R. HUBER. JR.
BOARD CERTlF"I[O ~ CIVIL TRIAL lAW
TEXAS BOARD OF' LEGAL SP[CIALIZATION
CLARK T. ASKINS
Harris Coun Appraisal District
ATTENTIO. NAME/ADDRESS CHANGE
P.O. F 920975
H~~on, 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
July 1, 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. Katherine R. Powell
Tax Department
city of La Porte
M~'Martha A. Gillett
{./'City Secretary
City of La Porte
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SPECIAL WARRANTY DEED
Date:
July 1, 2002
Mailing Address:
CITY OF LA PORTE, a municipal corporation
604 West Fairmont Parkway
La Porte, TX 77571
Grantor:
Grantee:
FAIRMONT PARK EAST HOMEOWNERS' ASSOCIATION
a Texas non-profit corporation
Mailing Address:
12929 Gulf Freeway, Suite 320
Houston, TX 77034
Consideration: Ten and NO/100 Dollars ($10.00) cash and other good
and valuable considerations
Property (including any improvements) :
That certain lot, tract or parcel of land, known as the
Subdivision Community Center, containing 82,543.05 square
feet, more or less, as shown on the plat of section Two,
Fairmont Park East, as recorded in Volume 319, Page 53,
of the Map Records of Harris County, Texas, reference to
which is here made 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.
PORTE
Manager
ATTEST:
~d1Jio Jl4!1i-
C1t Secr~tary
STATE OF TEXAS S
~
COUNTY OF HARRIS ~
instrument was acknowledged before me on the I~ day of
, 2002, by John Joerns, Acting City Manager of the City
a Porte, a municipal corporation, on behalf of said.city.
N~~~ of Texas
AI'TER RECORDING RBTURN TO:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
PRBPARBD IN THB LAW OI'I'ICE 01':
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
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RE UEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Au ust 14 2002
Appropriation
Requested B)':
Stephen L. Barr
unds:
N/A.
Department:
Account Number:
N'I\
Re ort:
Resolution:
Ordinance: X
Amount Budgeted:
N/A
Exhibits:
Ordinance No. 2002-
Amount Requested:
N/A
Exhibits:
A2reement
Budgeted Item:
YES
NO
Exhibits:
Resolution - FPEHOA Board of Directors
SUMMARY & RECOMMENDATION
The City has negotiated an Agreement with the Fairmont Park East Homeowner's
Association to exchange the 1.8 acre parcel of land occupied by the Fairmont Park East park and
swimming pool, for an 8.15 acre site currently being used as a detention basin for the Fairmont Park
East subdivision. The Fairmont Park East Homeowner's Association will continue to operate the
swimming pool and park as a recreation area for neighborhood residents. The City will pursue re-
designing the existing Fairmont Park East Detention Basin to convert it into a multi-use
park/detention facility. The existing facility does not have adequate maintenance access for
utilization as a recreation area. Re-design will provide the needed access and, with community
input, also provide a conceptual park layout for future development of this site.
Staff recommends that the ordinance be approved. The City plans to work with the
Fairmont Park East Homeowner's Association to develop a detention basin/park that will meet both
the City's and the area homeowner's recreation needs at this new park site.
Action Required bv Council:
Consider approval or other action regarding an ordinance authorizing an agreement between
the City of La Porte and Fairmont Park East Homeowner's Association for the exchange of real
property and providing for the construction of a neighborhood park.
eh: Io~
DatI'l