HomeMy WebLinkAboutO-2004-2734
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ORDINANCE NO. 2004 - J;'13t.f
AN ORDINANCE APPROVING THE PURCHASE OF APPROXIMATELY 9.14 ACRES OF
LARD AT THE NORTHEAST CORHBR OF THE INTERSECTION OF SPENCER HIGHWAY
ARD 23RD STREET FROM DAVID ANGEL, FOR A POLICE STATION SITE,
APPROPRIATING $660,000.00 FOR SAID PURCHASE, MAKING VARIOUS
FINDINGS ARD 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, a copy of which is on file in the office
of the City Secretary. 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.
City Council appropriates the sum not to
exceed $660,000.00 from the City of La Porte Capital Improvement
Fund Account No. 01598927009150 to fund said contract.
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 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 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 10th day of May, 2004.
ATTEST:
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Mart . GJ.llett,
City Secretary
CITY OF LA PORTE
B~
}It. _ ______ L-. M~lone, ~-f.er ~. ~ rJ#dJ.. ..J
Mayor PrO ,elY}
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Feazelle, Debra
From:
Sent:
To:
Subject:
Feazelle, Debra
Tuesday, May 04, 2004 5:32 PM
Feazelle, Debra
RE: may 10 council meeting
consider approval of acquisition of 9.14 Ac of land etc.
note: in exec session council authorized this purchase-Knox has developed the ordinance-
the price is $636,939.20 plus an estimated $5'000 for title policy, $1,500 for Phase 1 environmental
and $5-6,000 for surveying and misc.
rounded this is $649,500- contingency, rounded $660,000 total budget.
We will need a check for earnest money contract for $5,000 dollars-check made out to-commerce land title
company,escrow agent-in the memo portion we can put acquisition of 9.14 Ac. from David Angel for PO site.
to be reimbursed when we sell the debt (PO)
closing is on or before June 25th
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Southern American
Title Company
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May 7, 2004
City of LaPorte
Attn: John Joems
604 West Fairmont Parkway
LaPorte, TX 77571
Re: 9.14 ac, 398,087 sq. ft. out of blocks 692-695, 710 and 712-713, Harris Co.
GF# 0410-11752
Dear Mr. Joems,
Please find enclosed your copy of the receipted Earnest Money Contract for the
above referenced address. Your closer for this file will be Lisa Foote. Her
assistants are Lana Spear and Tammy Creme. You may reach them at (713) 335-
8500. Please feel free to contact us with any questions you might have. Thank
you for your business. As always, it is our great pleasure to assist you with this
closing.
Sincerely,
Tammy Creme
Escrow Assistant
Encl
cc: David Angel, Askins and Armstrong, PC
1455 West Loop South, Suite 100
Houston, Texas 77027
rei 713-335.8500
fn.r IHZ-Z42-0653
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city of La Porte
Police station site - 2004
Northeast corner of intersection
of Spencer Highway and 23rd street
EARNEST MONEY CONTRACT
STATE OF TEXAS
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COUNTY OF HARRIS
1. PARTIES: DAVID ANGEL (Seller) agrees to sell and convey to
CITY OF LA PORTE, a municipal corporation (Buyer), and Buyer
agrees to buy from Seller the following described property
situated in Harris County, Texas.
2. PROPERTY: The property which is the subject of this contract
is legally described as follows, to-wit:
9.14 acres, 398,087 square feet, out of Blocks 692 thru
695, 710, and 712 thru 713, including portions of streets
and alleys abandoned by Harris County Commissioners
Court, Volume 2, Page 610, Harris County Commissioners
Court Records, in the T . W . Lee" Subdivision, Richard
Pearsall Survey, A-625, Harris County, Texas, and being
more particularly described by metes and bounds on
Exhibit nAil attached hereto, incorporated by reference
herein and made a part hereof for all purposes.
3. CONTRACT SALES PRICE: $636,939.20 cash, computed on the basis
of $1.60 per square foot.
4. EARNEST HONEY: $5,000.00 earnest money (which shall apply to
the sales price) shall be deposited by Buyer with:
Southern American Title Company
1455 West Loop South, suite 100
Houston, TX 77027
Escrow Officer: Lisa Foote
s. SURVEY: Survey to be furnished by City of La Porte.
6. TITLE POLICY: Seller shall furnish an owners title policy in
the amount of the purchase price, from Southern American Title
Company, Houston, Texas, at Buyer's expense.
7. BROKER'S FEE: No broker.
8. CLOSING: The closing of the sale shall be on or before June
25, 2004, or within seven (7) days after objections to title
have been cured, whichever date is later. If there are any
liens against the property, Seller must furnish releases or
partial releases of lien, as required by Buyer and the title
company.
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9. POSSESSXON: The possession of the Property shall be
delivered to Buyer at Closing. Buyer may enter upon the
property before closing for inspections and survey. Buyer may
cancel contract and receive refund of earnest money if
environmental inspection is not satisfactory to Buyer.
10. CLOSING COSTS: Buyer shall pay usual title company closing
costs and survey expense.
11. TAXES: Taxes shall be prorated to date of Closing.
12. DEFAULT: Unless otherwise provided for herein, if Buyer fails
to comply herewith, Seller may either (i) enforce specific
performance and seek such other relief as may be provided by
law, or (ii) terminate this Contract and receive the earnest
money as liquidated damages. Unless otherwise provided for
herein, if Seller fails to comply herewith, Buyer may either
(i) enforce specific performance hereof and seek such other
relief as may be provided by law, or (ii) terminate this
Contract and receive the earnest money.
13. ATTORNEY'S FEES: Any signatory to this Contract who is the
prevailing party in any legal proceeding against any other
signatory brought under or with relation to this Contract or
transaction shall be additionally entitled to recover court
costs and reasonable attorney fees from the non-prevailing
party.
14. CONFIDENT:IALXTY: Buyer agrees to keep confidential, the terms
and conditions of this earnest money contract and sale.
15. AGREEMENT OF THE PARTIES: This Contract contains the entire
agreement of the parties and cannot be changed except by their
written consent.
EXECUTED in multiple originals, effective the 29th day of
April, 2004.
SELLER'S ADDRESS.
SELLBR.
P.O. Box 1398
La Porte, TX 77572
DA{2~~
phone: 281.471.2761
BUYER'S ADDRBSS.
BUYBR.
604 West Fairmont Parkway
La Porte, TX 77571
By:
phone: 281.471.5020
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METES ~.ND BOUNDS DESCRIPTION
9.14 ACRE TRACT
Being a 9.14 acre (398,087 sq, ft.) tract. of land ahd being
the residue of a 19.892 acre tract as conveyed to Bruce Angel
by W. E. Stiles as recorded under Harr~s County Clerk's File
No. T549513,. out of the T. W. Lee Subdivision, Enoch Brinson
Survey, A-5, La porte., Har;ris ~ounty, TexaS, said 9..14 acre
tract being more pa;ticularly described' as . follows:
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COMMENCING at a 5/811 iron rod with cap -<H. C. Smith-1228)
found' for the Southwest comer of the said 19.892 acre tract,
said point being the pOint of intersection of the North right-
of-way liz?e of Spenc~r Highway, as acquired, with the East
right-of-way iine of 23rd. Street, based on ~ right-of-way
width of 80 feet,. and being also the Southwest. comer of a
0.0034 acre tract as conveyed to WPC Pr~perties 1, LTD by
inst:tument recorded under Harris COunty Clerk's File No.
W867191;
Thence, North, coincident with the East right-of-way line of
. 23rd. Street, and the West line of the said 0.0034 acre
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tract, a distance of 15.00 feet to a 5/8" iron rod with cap
(H. C. Smith-122S), fOl.ll1d' for the Northwest comer of the
said 0.0034 acre tract, the POINT OF BEGIrfNING;
Thence, North, coincident with the East right'-'Of-way line of
23rd. Street, and tQe West line of the said 19.892 acre
tract, a distance of 474.36 feet to a point for comer, said
point being the f?outhwest Comer 'of a 0.6199 acre tract of
land as coi1y~yed to WPT Properties 1, LTD, by. instrument
recorded under ~~is COunty Clerk's File No. ;
Thence, East, coincident with the South iine of the said
0.6199 acre tract, a distance of 861.32 feet to a point for .
comer in the WE}st line of a 0.5051 acre tract as conveyed to
Wt"T Properties 1, LTD, by instrument recorded under Harris
County Cler~'s File No. ;
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Thence, Souti) 00 degrees 04 minutes 18 seconds West,
coincident with ~e. West line of the said 0.5051 acre tract,
a distance. of" 423.50 feet to a 5/811 iron rod wiih cap (H. C.
Smi th-1228 ), found" for the Southwest comer of the said
0.5051 acre tract, said point being in the North right-of-way
line of Spencer. Highway, as acqUired,. and being a point in a
curve;
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Thence, in a Southwesterly direction, coincident with the
North right-of-way line of SpeJ;lcer Hig~way, as ac~ed, .
follo~ing a curve to the left, said curve having a radius of
1,191.91 feet,' a delta angle of 6 degrees 32 minutes 14
. seconds, for a curve distance bf 135.99 feet to a 5/8" iron
rod found for a point of tangency; .
Thence, South 80 degrees 47 minutes 30 seconds West,
, coinci.dent with the North right~f-way line of Spencer
Highway, as acquired, a. distance of 311.00 feet to a 5/8"
iron r~ fotirid for corner;
Thence, South 88 degrees 21 minutes 48 seconds West,
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coincident with the North right-of-way line of Spencer
Highway, as acquired, a distance of 408.82 feet to a 5/8 inch
iron rod w / cap (H. C. SMITH-1228) for the SOutheast comer of
the 0.0034 acre tract.
Thence, North; coincident with the East boundary line of the
said 0.0034 acre tract; a distance of 14.71' feet to a 5/8
inch iron rod w/cap (H..C. SMITH-1228) found for the Northeast
corner of the 0.0034 acre gact..
.Thence, West; coincident with the North boundary line of the
said 0.0034 acre tract; a distance of 10.00 feet RETURNING TO
THE POINT OF. BEGINNING.
METES AND' BOUNDS DESCRIPTION PREP~ FROM SEVERAL SURVEYS
,AND NOT SURVEYED ON THE GROUND AT'THIS TIME. THIS MET~S AND
BOUNDS DESCRIPTION IS NOT INTENDED TO BE USED TO TRANSFER'
TITLE .'
H. Carlos SMith
Texas Registered Professional SUrveyor No. 1228
Dated: April 27,2004
'Project # 3528-04
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Southern American
Title Company
Receipt
Receipt of~ontract and ~ ?'COO. O:JEarnest Money in the form ofCJ'* ZOS1 (Pl.J
Is acknowledged. '/ I ,l
Escrow AAe~t: Southern American Title Date: 5"'{ 5 I 0 ...,
By:g~
1455 West Loop South, Suite 100
Houston, TX 77027
P: 713-335-8500 F: 713-627-7400
1455 West Loop South, Suire 100
Houston, Texas 77027
tel 713.335.8500
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Mav 10. 2004
Aoorooriation
Requested By: .Inhn .lnern!!
Source of Funds: Previous Budget
Amendment
Account Number: 01598927009150
Department: A.dRliRilltratioR
Report:
Resolution:
Ordinance:
x
Amount Budgeted: Nnne
Exhibits:
Ordinance
Amount Requested: $660,000
Exhibits:
Budgeted Item: YES NO-~
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
City Council authorized staff to proceed with the purchase of9.14 Ac based on negotiations with the owner
previously shared with Council.
The attached ordinance authorizes the purchase of this tract. A previous agenda item authorizes a budget
amendment to provide funds to purchase the property from Fund 015. Eventually the acquisition wilI be financed
with proceeds from a proposed Certificate of Obligation that is being issued to cover this acquisition and two capital
projects (Bay Area Boulevard and Canada Road).
A reimbursing resolution has been approved by Council allowing the future reimbursement of these funds from the
future sale of General Obligation Bonds to construct the proposed P.O. Facility (iffeasible from a budget
standpoint).
Action Required bv Council:
Council to authorize staff to proceed with the purchase 9.14 Ac for the proposed P.O. Facility.
Approved for City Council Ae:enda
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Date