HomeMy WebLinkAboutO-1993-1932
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ORDINANCE NO. 93~1932
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND ANGEL'S SELF SERVICE, INC., CONCERNING
PROPERTY IN BLOCK 1446, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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
Ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
civil Statutes Annotated; and that this meeting has be~n open to
the public as required by law at all times during which this
ordinance and the subj ect 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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ORDINANCE NO. 93-~932
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PAGE 2
section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 27th day of Septanber
ATTEST:
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Sue Lenes,
City Secretary
, 1993.
CITY OF LA PORTE
By: k~ ~
~r A 4kv
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CITY OF !!A PORTE
PHONE 17131 471.5020 0 P. O. Box 1 1 15 0 LA PoRTE. TEXAS 77572
August 30, 1993
Mr. David Angel, President
Angel's Self Service, Inc.
P.O. Box 1398
La Porte, Texas 77572-1398
Dear Mr. Angel:
This letter will confirm agreements reached in our
discussions, between the City of La Porte (hereinafter referred to
as "La Porte"), and Angel's Self Service, Inc. (hereinafter
referred to as "Angel"), as follows:
1. Angel, as owner of Lots 1-16, both inclusive,
Block 1446, Town of La Porte, Harris County,
Texas, will execute a deed in form attached to
this letter, conveying and donating said
property to La Porte;
2. La Porte, in consideration of such conveyance,
agrees to vacate, abandon and close the 16'
alley adjacent to Lots 9-24, both inclusive,
in Block 1446, Town of La Porte, Harris County,
Texas, and La Porte further agrees to
relinquish to Angel, La Porte's one-half
interest in and to said alley, for a total area
of approximately 3,200 square feet to be
relinquished to Angel under the terms of this
agreement;
3. La Porte, at its sole cost and expense, shall
clean up and remove the debris on Lots 1-16,
both inclusive, Block 1446, Town of La Porte,
Harris County, Texas; and
4. Angel is allowed to keep its existing mobile
home and fenced yard adjacent to said mobile
home, now located on the alley, and on a
portion of Lots 1-16, Block 1446, in place,
but only upon the following terms and
conditions:
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Mr. David Angel
Angel's Self Service, Inc.
August 30, 1993
Page -2-
a. Angel does not obtain any
prescriptive rights to use of the
portion of Lots 1-16, Block 1446
currently occupied by the fenced-in
area and the mobile home. Rather,
existence of the encroachment is at
sufferance of the City of La Porte,
and is to be terminated upon 90 days
written notice by La Porte to Angel.
b. In any event, the encroachment of
the mobile home. and the fenced area
shall terminate upon August 9, 2003,
even if the city of La Porte has not
given the gO-day notice to terminate
the encroachment as provided in
Paragraph 4(a) above.
c. Pre-existinq. non-conforminq status
of the mobile home and the fenced
area. Notwithstanding the
agreements relating to the
encroachment of the mobile home and
fenced area upon a portion of Lots
1-16, Block 1446 mentioned above, La
Porte and Angel agree that the
mobile. home and the fenced area
(including the non-encroaching
portion of the fenced area)
constitute a pre-existing, non-
conforming use, as said term is
defined in the Zoning Ordinance of
the City of La Porte. All aspects
of La Porte's Zoning Ordinance apply
.to said mobile home and fenced-in
area as the same are constituted as
a pre-existing, non-conforming use.
d. Even if La Porte gives the 90-day
advance notice to Angel that Angel
must remove the mobile home and
fenced-in encroachment as provided
above, if and only if Angel moves
the mobile home and fenced-in area
off of Lots 1-16, Block 1446 onto
the land adjacent to said lots
currently owned by Angel (and being
a portion of the same lot of record)
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Mr. David Angel
Angel's Self Service, Inc.
August 30, 1993
Page -3-
such move shall not cause Angel to
lose the pre-existing, non-
conforming status of the mobile home
and the fenced-in area, provided,
that all other aspects of La Porte's
Zoning and Code Ordinances apply
with the exception of the move of
the fenced-in area and the mobile
home from one portion of the lot of
record onto another portion of the
lot of record.
If this letter accurately represents your understanding of
the agreement between La Porte and Angel, please sign and return
a copy of this letter, keeping the original of this letter as your
copy of the agreement.
Very truly yours,
CITY OF LA PORTE
By: ~ T. ~
Robert T. Herrera,
City Manager
RTH/rf
Enc.
ACCEPTED AND AGREED:
ANGEL'S SELF SERVICE, INC.
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ASKINS & ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W. F"AIRMONT PARKWAY
. P.O. BOX 1218
LA PORTE, TEXAS 77572-1218
KNOX W. ASKINS
~OHN ~ ARMSTRONG
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
October 5, 1993
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Mr. . John Joerns
Assistant City Manager
City of La Porte
P.O. Box 1115
La Porte, TX 77572
l\SST, CITY MANAt.::FR
OFFICE ' --,.
Dear John:
I enclose herewith original general warranty deed from Angel's Self
Service, Inc. to the City of La Porte, conveying Lots 1-16, Block
1446, Town of La Porte. I also enclose copy of letter to Harris
County Appraisal District, rendering the property on the exempt
rolls.
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r records.
should be placed in the City's permanent real estate
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Yours very truly,
, ,/
t;J;;lbi
Knox W. Askins
City Attorney
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 D. ARMSTRONG
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
October 5, 1993
raisal District
ATTENTION: E/ADDRESS CHANGE
20975
, TX 77292-0975
Re: See copy of deed attached
Gentlemen:
I represent the City of La Porte, a municipal corporation, which
has acquired the property described on the attached deed.
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 kind assistance in this matter.
Yours very truly,
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosure
cc: Mr. John.Joerns
~sistant City Manager
~~i~y of La Porte
P.O. Box 1115
La Porte, TX 77572
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P476463
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WARRANTY DEED
Date:
09/30/93 00328028 P~76463 . 7.00
Effective August 9, 1993
Grantor:
Angel's Self Service, Inc.
Mailing Address:
P.O. Box 1398, La Porte, TX 77572
Grantee:
city of La Porte
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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):
Lots One (1) through Sixteen (16), both inclusive, Block
Fourteen Hundred Forty-six (1446), of TOWN OF LAORTE, in ~
Harris county, Texas, according to the map or plat '-"
thereof recorded in the office of the county Clerk of
Harris County, Texas; SAVE AND EXCEPT that portion of the
former alley between Lots 9 through 24, both inclusive,
adjacent to said property, vacated, abandoned and closed
by the City of La Porte.
Grantor reserves the right to keep an existing mobile
home and existing fenced yard adjacent to said mobile
home, partially located on said property until the first
to occur of ninety days written notice from Grantee to
Grantor to remove said mobile home and fenced area, or
ten years from the date of this deed, without paYment of
rent by Grantor to Grantee.
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 ~onsideration 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 I 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.
/J'I./
Anqe~~ S,elf se;Vice. Inc.. /j
'a~~1 .
David Angel, resident
By:
FI LED FOR RECORD
8:00 AM
This instrument was acknowledged
.s~ 19.93, by David Angel,
Service, Inc.
SEP 3 0 1993
~~C4-
County Clerk, Hlrrl;tCounty, Texas
before me on the,1.3 day of
President of Angel's Self
STATE OF TEXAS {
{
COUNTY OF HARRIS {
IC1S tlll SAlE. RtNfAL. OR USE Of tilE DUCIlIBED REA
Aiit PROVISION ltEREIN WIlQRIOlOAER!!II... IS IllVd NlD lIIIOlfQRtSlllE U/lDER FtDEIlALlAW.
PROPER" m:~USE OF COl ........
THE STATE OF TEXAS}
COUN~ OF J1^':lSthiS instrument was filED in File Number
~e~~ee~~e ~nC:hel~ate andOffiat~eltirJ:='='~::I~;~'
duly RECOROE9. In the ICla u
Harris County, leQS on
SEP 301993
~u4-
coUNTY CLERK
HARRIS COUNTY. TEXAS
8 Q...r...~ LJ ~ .
Notary Public, State of Texas
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.~(ji:':.~. ~N~~ a:~~
"'.cio'~' ~ CemmisslDn Ellpir8I 0&*91
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AFTER RECORDING RETURN TO:
PREPARED IN THE LAW OFFICE OF:
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
ASKINS & ARMSTRONG, P.C.
P.O. Box 1218
La Porte, TX 77572-1218