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HomeMy WebLinkAboutO-1990-1696 . . ORDINANCE NO. l696 AN ORDINANCE ACCEPTING THE BID OF CHARLES BERDON LAWRENCE, FOR THE SALE AND CONVEYANCE OF A CERTAIN PARCEL OF REAL PROPERTY OWNED BY THE CITY OF LA PORTE~ MAKING CERTAIN FINDINGS OF FACT: AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL WARRANTY DEED FROM THE CITY OF LA PORTE TO CHARLES BERDON LAWRENCE~ 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 has heretofore, on February 26, 1990, passed Ordinance No. 1678, reference to which is here made for all purposes, authorizing the sale of the property described therein by metes and bounds on Exhibit nAn attached thereto. Section 2. The City Council of the City of La Porte further finds, determines and declares that notice of such sale has been published in the Bayshore Sun, a newspaper of general circulation of the City of La Porte, Harris County, Texas, as required by law. The publisher's affidavit of such publication is attached hereto as Exhibit nAn, incorporated by reference herein, and made a part hereof for all purposes. Section 3. The City Council of the City of La Porte finds, determines and declares that the bid of Charles Berdon Lawrence, dated March 19, 1990, attached hereto as Exhibit nBn, incorporated by reference herein, and made a part hereof for all purposes, was the only bid for said property. The City Council further finds, determines and declares that said bid is reasonable, and that it is in the best interest of the City of La Porte to accept said bid. Accordingly, the bid of Charles Berdon Lawrence is accepted, and the Mayor is authorized to execute and deliver to Charles Berdon Lawrence, under the terms and provisions of said bid, a Special Warranty Deed in form attached hereto as Exhibit nCn, incorporated by reference herein, and made a part hereof for all purposes. Section 4. 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, Article 6252-17, Texas Revised . . ORDINANCE NO. 1696 PAGE 2 Civil Statutes Annotated; 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 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 9th day of April, 1990. CITY OF LA PORTE BY !frr~ No-man L. Malone, ayor ATTEST: ~~ Cherie Black City Secretary A6;~~ Knox W. Askins City Attorney . 4IkTES AND BOUNDS DESCRIPTI~ 0,6035 ACRE TRACT -; Being a proposed 0.6035 acre (26,288 sq,ft.) tract comprising part of a 9,4925 acre tract designated "Tract 2" according to deed filed under Harris County Clerk's Film Code Number 183-17-2544 et. seq" and being part of Lots 22 and 23, W. B. Lowrance Subdivision, Johnson Hunter Survey, A-35, La Porte, Harris County, Texas; plat of said subdivision recorded in Volume 83, Page 596, Harris County Deed Records, The 0,6035 acre tract is more particularly described by metes and bounds as follows: Commencing at the Southwest corner of said 9.4925 acre tract and from which a 5/8 inch ir9n rod marking the Northwest corner of that certain Vista Baywood Apartment tract of land conveyed by Frank Bonner to George B. Rush and O'Mera Properties, Inc, , on December 10, 1971 (Harris County Clerk's File No. D-480689) bears North 19 degrees 55 minutes 34 seconds West (Call North 76 degrees 51 minutes 37 seconds West)-41.07 feet." Thence, South 79 degrees 55 minutes 34 seconds East (Call South 76 degrees 51 minutes 37 seconds East); coincident with the South boundary line of the said 9.4925 acre tract and the North boundary line of said Vista Baywood tract; a distance of 774.06 feet to the Northeast, corner of said Vista Baywood tract, the Northwest corner of a 0.9591 acre tract as surveyed by H. Carlos Smith, Engineers & Surveyors, Inc., on March 2 through 4, 1983; said corner being the Southwest corner of this 0.6035 acre tract and the POINT OF BEGINNING. Thence, North 25 degrees 16 minutes 18 seconds East; passing at 110.00 feet a 5/8 inch iron rod set on line; passing at 145.00 feet a 5/8 inch iron rod set on line; for a total distance of 164,82 feet to a point for corner on the South shoreline of Little Cedar Bayou. - Thence, in a Southeasterly direction; following the South shoreline of Little Cedar Bayou and coincident with the 1,0 feet contour line (based on 1978, U,S.G,S. datum). South 45 degrees 27 minutes 35 seconds East a distance of 74.58 feet to a point for corner. ' South 58 degrees 54 minutes 32 seconds East a distance of 61.51 feet to a point for corner. South 60 degrees 20 minutes 43 seconds East a distance of 69.36 feet to a point for corner. South 38 degrees 05 minutes 16 seconds East a distance of 107.26 feet to a point for_corner. .- - --- - ------ --.--- - --- - Thence:- North 79 degrees 55 minutes 34 seconds West (Call , North 76 degrees 51 minutes 37 seconds West); coincident with the North boundary line of said 0,9591 acre tract; passing at 12.64 feet the Southeast corner of that certain 0.0508 acre tract leased by Berdon Lawrence from City of La Porte as recorded under H.C,C,F, No. J-900603; passing at 107,35 feet the Southwest corner of said 0.0508 acre lease tract; for a total distance of 307.37 feet to the POINT OF BEGINNING, PREPARED FROM OTHER SURVEYS AND NOT SURVEYED ON THE GROUND AT THIS TIME." ~ KEVIN A. OLSON TEXAS REGISTERED PUBLIC SURVEYOR NO. 4524 JOB NO: 2279-89 DATE: JANUARY 27, 1989 REVISION: FEBRUARY 3, 1989: REVISED W, B. LOWRANCE SUBDIVISION VOLUME NO. AND ADDED POINT OF COMMENCING, REVISION: MARCH 1, 1989: NEW WEST BOUNDARY LINE LOCATION REVISION; MARCH 19, 1990: CHANGED. LEASE NAME FROM HOLLYWOOD MARINE TO BERDON LAWRENCE, EXHIBIT RAn M & B No, 3 1200 Hwy. 146 Suite 180 P.O. Box. 1414 . e La Pone; Texas 77571 . (713) 471-1234 " County of Harris State of Texas Before me, the undersigned authority, on this date came and appeared Sandra E. Bumgarner, duly authorized agent of The Bayshore Sun, a semi-weekly n~w~paper published in La Porte, Harris County, Texas, and who after being duly sworn, says the attached notice was published in The Bayshore Sun of March 07, 1990 ,J~.J'!-~~'I~-(f-"~'-- Sandra E. Bumgarner Office Manager ~ ,j ./1 'v ~ day of t~ ~/____~-e-~ )17. ~~.- Notary Public Harris County, Texas Sworn and subscribed before me this A.D. 19<90. EXHIBIT A PUBUC NOTICE NOTICE TO ,BIDDERS SEALEO BIDS ADDRESSED TO THE CITY SECRETARY OF THE CITY OF LA : PORTE, HARRIS COUNTY, TEXAS, . . AND MARKED 'SEALED BID 1SOO2" WILL BE RECEIVED AT THE CITY HALL, P,O. rox 1115,604 WEST FAIR- MONT PARt<WAI(, LA PORTE, TEXAS 77571, UNTIL 4:00 P,M" MARCH 21, 1990, FOR THE SALE BY THE CITY OF LA PORTE OF THAT CERTAIN TRACT OR. PARCEL OF LAND, SITUATED ON THE SOUTH SIDE OF THE MOUTH OF UTTLE CEDAR BAYOU, ANO MORE PARTlCULARL Y OESCRIBED BY METES AND BOUNOS AS FOLLOWS, TO-WIT: METES ANO BOUNDS DESCRIPTION 0,6035 ACRE TRACT Being a proposed 0,6035 acre (26,288 aq, II,) uacrcomprising pall 01 a 9.4925 acre Iracl deslcna18d "TraCl 2" according 10 daed filod under Harris County Clerk's Film Code Numbar 183-17-2544 al. sRq" and baing part 01 LoIs 22 and 23, W,8, LoV/ranca Subdivision, Johnson Huntar Survay, A.35. La Porte, Harris County, Ta.asiP 01 said subdivision recorded in ~:t'" 'I~a~ ~:03~a:, Cou;:~ more r1icu r1y scribed b s and bounds a 011 : ~ Com ncing tha u as ner 01 ' ,4925 a Uac nd ich a 518 IIIch iron mark g the N weSI comer 01 tha i1a1 Visla vwood Apartmenl Ua 01 I d con\lll ed by "Frank Bonnar 0 George B, Rush and O'Mara Properties, Inc" on Decembar 10, 1971 . (HamsCoUn!y Clerk's File No, , 0-480689) baars 'North 79 dogrees 55 mlnul8s.34 secOnlld Wasl (Call North 76 degreaa 51 mlnules 37 second Wesl)-41,07 loel. Thence, South 79 degrees 55 mlnul8s 24 seconds Easl (Call Soulh 76 dagraes 51 minul8s 37 seconds Easl); coincidant with the SoUlh boundary line 01 the said 9,4925 acre Iracl and the North boundary Iina 01 said Vista Baywood Uact; a dis- tanca 01774,06 leal 10 the Northaasl cor- nerolsaidVista Baywoodlracl,the North- . wesl comer 01 a 0,9591 acre tracl as ' sUMlyedby H, CBllosSmith, Englnae,. & Surveyors, Inc" on March 2 through 4, ,1983; said comer baing the Southwesl comer 01 this 0.6035 acre tracl and the POINT OF BEGINNING, Thence, North 25 dograes 16 minul8s 18 seconds Easl: passing alII 0,00 reel e , 518 Inch Iron rod sel on Iihe; passing al 145.00 leel a 518 Inch Iron rod sel on line; lor a Iotal distance 01 164,82 leel 10 a poinl lor comer on the South shoreline 01 Unle Cedar Bayou, Thence, in a Southeaslerly direction; loIlowing the South shoraline 01 UnJe Cedar Bayou and coincidanlwith the 1,0 leel contour line (based on 1978, U,S,G.S, datum), South 45 dogrees 27 minul8s 35 seconds Easl a dislancaol 74,58 leello a . poinl lor comer. South 58 dograes 54 minul8s 32 . seconds East a distanca or 61,511oello a polnl lor comer, South 60 dograes 20 minul8s 43 seconds Easl a dislance 0169,361eet 10 a point ror comer. South 38 dogreas 05 mlnul8S 16 seconds Easl a distance 01107,26laello a poinl lor comer, Thence, North 79 dogree". 55 minules 34 seconds Wesl (Cell North 76 dagrees 51 minutes 37 seconcl,s Wasl); coi"9idenl with the North boundary line 01 said 0,9591 acre Uaet; passing a112,64 leel lhe Southeast corner 01 thel certain 0,0508 acre IracI leased by Hollywood Marine Irom City 01 La Porte as recorded under H,C,C,F, No, J-900603; passing al 107.35 Ioelthe SouthweSI COIner 01 said 0,0508 acre lease UaCl; lor a Iotal cis- lance 01 307,37 leel 10 the POINT OF' BEGINNING, BIDS MUST BE FOR ALL CASH, THE CITY WILL CONVEY THE PROPERTY BY SPECIAL WARRANTY DEED, A CASHIER'S CHECK FOR FIVE PER- CENT (5%) OF THE AMOUNT BID, MUST ACCOMPANY THE BID, THE BIOS WILL BE OPENEDANO PUBUCL Y READ IN THE COUNCIL CHAMBERS IMMEDIATELY AFTER THE CLOSING HOUR FOR THE BIDS ON SAID DATE, EACH PROPOSAL MUST BE SUB- MITTED IN DUPLICATE, FORMS FURN- ISHED BY :rHE CITY OF LA PORTE MAY BE OBTAINED FROM THE CITY SECRETARY, OF THE CITY OF LA PORTE, TEXAS, THE CITY RESERVES THE RIGHT TO REJECT ANY ANOIOR ALL BIDS, TO WAIVE ANY AND ALL TECHNICALITIES AND TO ACCEPT ANY BIO OR PART THEREOF, WHICH IN THE OPINION OF THE CITY COUN- CIl, IS MOST AOVANTAGEOUS TO THE CITY, CITY OF LA PORTE CHERIE BLACK e e BERDON LAWRENCE POBOX 1343 HOUSTON. TEXAS 77251 March 19, 1990 Ci1y of LaPorte Ci1y Hall. P. O. Box 1115 LaPorte, Texas 77571 RE: Sealed Bid No. S002 Gentlemen: This letter will constitute the bid by the undersigned, Charles Berdon Lawrence, to purchase from The Ci1y of LaPorte the property (the "Property") constituting 0.6035 acres (26,288 square feet) in Harris Coun1y, Texas, more particularly described on Exhibit "A" attached hereto. This letter is in response to your request for bids as set out in the Public Notices section of the Bayshore Sun on Wednesday, March 7, 1990. Subject to the following terms and conditions, the undersigned offers to purchase the Property for a total consideration of $200,000 in cash to be paid to the Ci1y concurrently with the delivery of the Deed and Title Policy hereinbelow described. The undersigned understands that the execution and delivery of the Deed and Title Policy and payment of the total consideration will occur on a date established by the City but not later than April 30, 1990, The obligation of the undersigned to pay the total consideration shall be subject to the Ci1y furnishing to the undersigm3d the following: 1, At the Ci1y's expense, a Special Warran1y Deed in a form satisfactory to the City and th.e undersigned properly executed and delivered by the City conveying the Property to the undersigned. 2. At the undersigned's expense, an Owner Policy of Title Insurance insuring the undersigned's good and indefeasible title in and to the Property subject to no exceptions other than (a) the standard printed exceptions contained in the standard form of Owner Policy of Title Insurance, (b) the restrictive covenants of record under Coun1y Clerk's File Numbers L446665 and L466001, (c) zoning ordinances of the Ci1y of LaPorte, (d) an exception relating to lack of ingress or egress to the Property from a dedicated roadway, and (e) any right, EXHIBIT "B" . . City of LaPorte March 19, 1990 Page Two title, interest or claim (valid or invalid) of any character, had or asserted by the State of Texas or by any other government or governmental authority or by the public generally (1) in and to portions of the Property which may be within the bed, shore and banks of a perennial stream, or of a stream or lake navigable in fact or in law; or within the bed or shores of the beach adjacent thereto of a body of water affected by the ebb and flow of the tide; and (2) in and to the portions of the Property which may be between the water's edge and the line of vegetation on the upland or for any claim or right for ingress hereto or egress therefrom. 3. At the undersigned's expense, evidence that the Property is zoned R-1 for residential use. ~ As requested in the notice, enclosed is a cashier's check in the amount of $10,000 (the "Deposit") constituting 5% of the bid amount, If the undersigned is the successful bidder and the purchase is consummated in accordance with the terms and conditions of this letter, the Deposit will be applied as a credit against the total consideration to be paid to the City as above set out; otherwise, the Deposit should be returned to the undersigned. If there are any questions regarding this bid or if it is necessary to make any clarifications, please contact the undersigned at 868-6400 immediately, Yours very truly, Qj(~L-~L ~ Charles Berdon Lawrence BLllar Enclosure EXHIBIT "B" (/qi) r9J; . . SPEX::IAL ~ WARRANTY DEED , . STATE OF TEXAS } County of Harris. ' !/inllW !\ll ~en ~~ ijIltese 'resents: , " THAT CI'lY OF LA PORTE, a municipal c~rporation acting herein bY and' t~rough its duly authorized officers of Harris County, Texas ,hereinafter'called Grantor (whether one or more), for and in consideration of the sum of Ten and No/l 00 Dollars ($10.00) cash and other good and valuable considerations to me in hand paid by CHARLES BERDON LAWRENCE ADDRESS OF GRANTEE: P.O. Box 1343. Houston. Texas 77251 of Harris County, Texas ,hereinafter called Grantee (whether one or more), receipt of which is hereby acknowledged and confessed, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the said Grantee, the following described property, to-wit: together with all improvements located thereon, to-wit: Being a proposed 0.6035 acre (26,288 sq.ft.) tract comprising part of a 9.4925 acre tract designated "Tract 2n according to deed filed under Harris County Clerk's Film Code Number 83-17-2544 et. seq., and being a part of Lots 22 and ,23, W.B. Lowrance Subdivision, Johnson Hunter Survey, A-35, La Porte, Harris County, Texas~ plat of said subdivision recorded in Volume 83, Page 596, Harris County Deed Records. '!he 0.6035 acre tract is more particularly described by metes and bounds on Exhibit RAn attached hereto and made a part hereof for all pUrPOses. This conveyance is made subject to the restriction that no fence may be erected on the property of a greater height than eight (8) feet and no building may be built on the property of a greater height than a single story. The foregoing restrictive covenant shall be in full force and effect for a term commencing on the date hereof and ending twenty (20) years from the date hereof, on which date the restrictive " covenant shall expire and be of no further force or effect. The restrictive covenant shall be a covenant running with the title to the subject property and be binding upon and enforceable against Grantee, and each purchaser, grantee, owner or lessee of the subject property. The restrictive covenant shall inure to the benefit of and be enforceable solely by the Grantor, and any successor municipal corporation. The restrictive covenant may be terminated prior to the expiration of its term only by an instrument in writing executed by the Grantor or its successor. Further,: the restrictive covenant may be amended from time to time only by an instrument in writing by the Grantor, or its successor, and all of the then owners of the subject property, acting unanimously. nThis is a Special Warranty Deed. Grantor warrants the title, by, through, or under Grantor, but not otherwise.R TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in any wise belonging unto the said Grantee, his heirs and assigns forever. And Grantor does hereby bind himself, his heirs, executors and administrators, to warrant and forever defend, all and singular the said premises unto the said Grantee, his heirs and assigns, against every person whomsoever claiming or to claim the same or any part thereof, 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 reser- vations, 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. When this deed is executed by more than one person, or when the Grantee is more than one person, the instrument shall read as though pertinent verbs and pronouns were changed to correspond, and when executed by or to a corporation the words "heirs. executors, and administrators" or "heirs and assigns" shall be construed to mean "successors and assigns." Executed, this the_day of April ,19~: . J .' . ,. . " ...'.. CI'lY OF LA PORl'E BY: NORMAN L. MAIDNE, Mayor EXHIBIT nCn ATI'EST: CHERIE BLACK, City Secretary . 77571, UNTIL 4:00 P,M" MARCH 21, 1990, FOR THE SALE BY THE CITY OF LA PORTE OF THAT CERTAIN TR6,CT OR PA,RC'EL OF LAND, SITUATED ON THE SOUTH SIDE OF THE MOUTH OF LITTLE CEDAR BAYOU, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO-WIT: METES AND BOUNDS DESCRIPTION 0,6035 ACRE TRACT Being a proposed 0,6035 acre (26,288 sq, ft.) tract comprising part of a 9,4925 acre tract designated "Tfact 2. according to deed filed under Harris County Clerk's Film CO$ber 183-17-2544 at. seq" and bei g p t of Lots 22 and 23, W,B, Lowranc~edivi on, Johnson Hunter Survey, A-35 La orte, Harris County, Texas; plat sai ubdivision recorded in Volume ,P e 596, J;!SI1'f County Deed R~'cords h~, 6C135 a e tract is more particul ,~sc ed by etes and bounds as 110 "s: - Commencing e Sout . est corner of said 9.4925 acro tract and from which a PUBLIC NOTICE 5/8 inch iron rod marking the Northwest NOTICE TO BIDDERS corner of that certain Vista Baywood SEALED BIDS ADDRESSED TO THE Apartment tract of land conveyed by CITY SECRETARY OFTHE CITY OF LA Frank Bonner to George B, Rush and PORTE, HARRIS COUNTY, TEXAS, O'Mera Properties, Inc" 0('1 December 10, AND MARKED "SEALED BID #S002" 1971 (Harris County Clerk's Fi!e No. WILL BE RECEIVED AT THE CITY 0-480689) ~e~~s J~,o.rt~. [9 degrE!~s ,55, HALL; P.O. BOX'1'115, 6~ WEST FAIR' ' minutes 34 seconds West (Call N9rth}6 MON! PARKWAY,LA POR1:E;'TEXAS "degrees' -51 'minutes 37 seco'f\d' e , - I West)-41.07 feet. ' Thence, South 7,9 degrees 55 minutes 2'; seconds East (Call South 76 degrees '51 minutes 37 seconds East); coincident with the South boundary line of the said 9.4925 acre tract and the North boundary line of said Vista Baywood tract; a dis- tance 01 774,06 leetto the Northeast cor- ner 01 said Vista Baywood tract, the North- west corner of a 0,9591 acre tract as surveyed by H: Carlos Smith, Engineers & Surveyors, Inc" on March 2 through 4, 1983; said corner being the Southwest corner of this 0,6035 acre tract and the POINT OF BEGINNING, Thence', North 25 degrees 16 minutes 18 seconds East; passing at 110,00 feet a 5/8 inch iron rod set on line; passing at 145,00 feet a 5/8 inch iron rod set on line; for a total distance of 164,82 feet to a point for comer on the South shoreline of Litlle Cedar Bayou, Thence, in a Southeasterly direction; following the South shoreline of lillie Cedar Bayou and coincident with the 1,0 feet contour line (based on 1978, U,S,G,S, datum), South 45 degrees 27 minutes 35 seconds East a distance of 74,58 feet to a point for corner, , South 58 degrees 54 minutes 32 seconds Easta distance of 61,51 feetlo a point, for corner, ,,' South 60 degrees 20 minutes 43 seconds East a distance of 69,36 feet to a point lor cOrner" - ' , 'South 38 degrees 05 minutes 16 , seconds East a distance of 107.26 feet to a point for corner, Thence, North 79 degrees 55 minutes 34 seconds West (Call North 76 degrees 51 minutes 37 seconds West); coincident 'with the North boundary line of said 0,9591 acre tract; passing at 12.64 feet the Southeast corner of that certain 0,0508 acre tract leased by Hollywood Marine from'City 01 La Porte as recorded under H,C,C,F, No, J-900603; passing at 107.35 feet the Southwest corner of said 0,0508 acre lease tract; for a total dis- ~ tance of 307,37 feet to the POINT OF BEGINNING, BIDS MUST BE FOR ALL CASH, THE CITY WILL CONVEY THE PROPERTY BY SPECIAL WARRANTY DEED, A CASHIER'S CHECK FOR FIVE PER- CENT (5%) OF THE AMOUNT BID, MUST ACCOMPANY THE BID, THE BIDS WILL BEOPENEDAND PUBLICLY READ IN THE COUNCIL CHAMBERS IMMEDIATELY AFTER THE CLOSING HOUR FOR THE BIDS ON SAID DATE, EACH PROPOSAL MUST BE SUB- MITTED IN DUPLICATE, FORMS FURN- ISHED BY THE CITY OF LA PORTE MAY BE OBTAINED FROM THE CITY SECRETARY, OF THE CITY OF LA PORTE, TEXAS, THE CITY RESERVES THE RIGHT TO REJECT ANY ANDIOR ALL BIDS, TO WAIVE ANY AND ALL TECHNICALITIES AND TO ACCEPT ANY BiD OR PART THEREOF, WHICH , IN THE OPINION OF THE CIJY COUN- CIL, IS MOST ADVANTAGEOUS TO THE CITY, I CITY OF LA PORTE CHERIE BLAC~ ' CITY SECRETARY