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HomeMy WebLinkAboutO-2002-2574 e - 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. e ORDINANCE NO. 2002- #5"11 e PASSED AND APPROVED, this 12th day of August, 2002. ATTEST: ~ ~~I ,dJJi~ '>> 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 e e 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 e e 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 I .. ~ ~---'-1lfll' .Alifj J ~..2(jO? --I~L=-. -- l L I 1_. ~!-iY ~------~ ';'~''''I_.-----_:''''' ~~:-=---=-. 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 e e AGREE~~ENT '. S~~TE OF TEXAS ~ ~ ~ i. 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 i 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. ,/ II. ,.... ~. day of , 1998, Eddie V. Gray, Trustee, as grantor, conveyed to out of the William M. Jones Survey, Abstract No. 482, Harris e e 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. 2 e e '. CITY proposes to use the real property described in Paragraph i. 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, .' 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. '-. The park will include off-street. parking. CITY will. not \ 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, " free of any liens and encumbrances, including any ad valorem taxes, the real property described in Recitations, Paragraph I, herein. ",. .. . oj. . .. II. ASSOCIATION shall convey to CITY, by special warranty deed, free of any liens and encumbrances, including ad valorem taxes, the ~ e e real property described in Recitat~0ns, Paragraph II, herein. The conveyance '. from ASSOCIATION to CITY shall be subject to the .. . ~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. , '" 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. " 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 4 e e Fairmont Park East, section Six, ~:=cept to the extent as outlined in t-.he Deed from Eddie V. Gray" Trustee, as Grantor, to the i. 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 A~# . ~'/ Sec . ary ; \....... .~. -. e e 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 \. .. :. "oj. . .. ':'.~yt~. V\~t ~~ Don Wilcox, Director e e dIE STATE OF TEXAS 9 9 9 i. 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 9 9 9 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. . '. . C t\+hh 1 W) \,l) ut-W NOT~ic IN ANn ~R . THE STATE OF TEXAS . ~~....~~.. Cathryn Winfield . IIolaJy Public. Stall oJ T_ I. .., CommllliDa'EJpiIII 'Si...JI; 'MARCH 12. 2005 - . THE STATE OF TEXAS ~ 9 9 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 I ~...,.... '"MARCH 12. 2005 e e THE STATE OF TEXAS ~ ~ COUNTYOF~S ~ ~[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 ~ ~ ~ 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 ~ \. .... . of . " e e 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 -....--.. ~ ~ r&. fG lrj WI r~ r\~'-I~ U l1 ~J \.b J U L~', \1 In', -L r', " f '.\",' \ J uu ,Kt ". ., I !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" .., 'j" .v- 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 ,....: 1-.. .....01= T... 'D1"\T't-,:o , : ~ ..., I ~ d , . . I \ " It ~ \T1 ~ N I 'f If I 1/1 \Jl III . e 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 I <-- ! . 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. o FILE FOR RECORD 8:00 AM AUG 2 1 2002 ~4~k~-/ 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. l\l (J'l '1' N I ~ If ~ Vl lJ'l . e 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 (rJ/- 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 e AUG 2 1 2002 ~~~~ COUNTY ClERK HARRIS COUNTY. TEXAS COUNTY OF HARRIS ~ ~ S ~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 ~~ CdIiIIi . ei.. . -.r.PtMI._ ... ~ .. 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 I'~~; M 0' 'f N I Ilf If I U') ~ U'l . e .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 e ~ ~ ~ instrument was acknowledged before me, on the ~~ Cathryn Winfield ~j Iolary Pubtic, Sllle 01 Tells ~~ My CommISSIon EaOlles ~. MARCH 12. 2005 ~ O'l ~ N I ~ ;c I In Wi Ul THE STATE OF TEXAS COUNTY OF HARRIS ~ ~ ~ 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- .., CO~...... ~..~ ~MAA~ 1" 200& THE STATE OF TEXAS com-fry OF HARRIS ~ ~ ~ instrument was acknowledged before me, on the ~ day of 2002, by Mike Prasek, Secretaryffreasurer of the Board of e Fairmont Park East Homeowners' Association. $~~ C~hryn Winfield . ~ Public, Stile ot Te.as ...."1;. ~ .., CoIIImllllOn Ellllln ""'-.....~. ~ 12.2005 \ (I: .' 1, . r ( tlJ.l . e THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ ~hi instrument was acknowledg~d before me, on the J6t"\ day of ,2002, by Doug Bryant, member of the Board of Directors of the Fairmont k East Homeowners' Association. ~fl-H\hJ nJ 10lnl.J II G d NOT~IN~ ~~".~~~. Cathryn Winhell'.l THE STATE OF TEXAS . . NotJry PubliC Stale al 'e'i~ . y ~ My Camnll5$lon Eaplles ~..... MARCH 12..2005 COUNTY OF HARRIS ~ ~ ~ lJl 0'\ '" N I ~ ~ I In Ul lJl 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 ;l ~ s k..t IV- ~ fir JYl~ii p. 0 I I!;O ~1 I ill 6 Lct P lLtU 1 T \{-. r-r? ") J} d- NI'I PRIMSDI HlRRIMtICH RESTJn lIE UII.REIlTM. at USE OF 114E DESCRIED IlEAL PRlHR1YEMISE Cf ClllJl OR IW:E IIMIIlNll UII1fQlCEAIlE UIIDER 1tDBW.1A1Y. THE Sf ATE OF TEXAS COUNTY OF HARRIS 1...,_........... FUll.. F1e1Unlllls..-IIll..dIIlIlIlIlI..... .... br IIlI; IlIdwa NJ RECORIlED.lIl1i1 0IIdII PUle I\eJ:aIt. oIllta1 PraptI\J oIlt1ds CcIny, T_1Ill e AUG 2 1 2002 ~.~4~ COUNTY CLERK HARRIS COUNTY. TEXAS e e 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 . e 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. . e 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 . e 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