HomeMy WebLinkAboutO-2008-3103 Letter Agreement with C. Berdon Lawrence; RE:sanitary sewer service
14
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
t 25 2008
Aoorooriation
Requested By: John Joerns
Source of Funds:
N/A
Department:
Public Works
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Ordinance
Amount Requested:
Exhibits:
Letter Agreement
Budgeted Item: N/A
Exhibits:
SUMMARY & RECOMMENDATION
On May 8, 2006, the La Porte City Council approved three (3) ordinances closing alleys, streets and
retaining a drainage easement for the property formerly containing the Vista Baywood Apartments in
favor of Mr. C. Berdon Lawrence. The apartments have been removed, and the entire site has been
fenced. The City retained utility easements for the water lines on site, as well as the lift station and site
and a sanitary sewer line, which serves the three (3) residences located along the bay (all owned by Mr. C.
Berdon Lawrence). The lift station, located on the site's northern boundary, discharges across the
adjacent park, under Little Cedar Bayou to a manhole at Bayshore and Hazel.
Mr. Lawrence desires to remove the lift station and replace with a private pressure system (grinder pump),
discharging to a manhole on the south edge of the property in the Crescent Street ROW. Mr. Lawrence
agrees to construct and maintain all improvements, and to remove the existing lift station and plug the
line. The sanitary sewer easement and the lift station site (25'x25') would revert to Mr. Lawrence.
Existing waterline and drainage easements, along with right of access, would remain with the City.
In return, the city would be relieved of the operational and maintenance cost for maintaining the lift
station, which formerly served a large apartment complex and now serves three (3) residences.
The agreement provides for Mr. Lawrence to secure, at his expense, the services of a professional
engineer to prepare plans and specifications for City's approval. Once the plans and specifications are
approved and the alternate facilities are constructed and accepted, the City will terminate the easements
and convey the lift station site to Mr. Lawrence (with the exception of the waterline and drainage
easements previously noted).
ORDINANCE NO. 2008- 3103
AN ORDINANCE APPROVING AND AUTHORIZING A LETTER AGREEMENT BETWEEN
THE CITY OF LA PORTE AND c. BERDON LAWRENCE, AUTHORIZING THE
RELEASE AND CONVEYANCE OF AN EXISTING SANITARY SEWER EASEMENT AND
A LIFT STATION SITE, AUTHORIZING INSTALLATION OF ALTERNATE SANITARY
SEWER SERVICE BY C. BERDON LAWRENCE, AUTHORIZING THE TRANSFER OF
UTILITY SERVICE, AND OTHER RELATED MATTERS, AUTHORIZING THE
EXECUTION OF A SPECIAL WARRANTY DEED TO C. BERDON LAWRENCE OF THE
LIFT STATION SITE, AND A TERMINATION OF EASEMENTS AND CONVEYANCE OF
UTILITY FACILITIES AGREEMENT, MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, 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 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.
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.
PASSED AND APPROVED, this 25th day of August, 2008.
~.yy. 0 OFF. L L~A ~ f
~.\~
Alton E. Porter, Mayor
By:
ATTEST:
~tJ,v!dt$
Mar ha A. Gillett
city Secretary
AP~tJ ~
Knox W. Askins
City Attorney
2
LETTER AGREEMENT
c. Berdon Lawrence
55 Waugh Drive, Suite 1150
Houston, TX 77007
August.z:;:: 2008
City of La Porte
Attn: City Manager
604 West Fairmont Parkway
La Porte, Texas 77571
Gentlemen:
The undersigned, C. Berdon Lawrence ("Lawrence"), is the owner of certain property
located in the City of La Porte including a 10.0026 acre site which was formerly the location of
the Vista Baywood Apartments (the "Apartment Site") and certain lots (the "Bay Lots") along
Galveston Bay abutting the Apartment Site which are improved with residences and related
structures (the "Residences"). The Apartment Site is subject to the following easements
(collectively, the "Utility Easements"):
(a) Utility Easement dated March 19, 1973 from Vista Baywood Housing, Ltd. to La
Porte, recorded under County Clerk's File No. D831769 of the Real Property Records of Harris
County, Texas, and Utility Easement dated April 19, 1972 from George B. Rush, Sr. and
O'Meara Properties, Inc. to La Porte, recorded under County Clerk's File No. D570818 of the
Real Property Records of Harris County, Texas (the "Existing Sanitary Sewer Easements").
(b) Water Line Easement dated April 19, 1972 from George B. Rush, Sr. and
O'Meara Properties, Inc. to La Porte, recorded under County Clerk's File No. D570817 of the
Real Property Records of Harris County, Texas (the "Existing Water Line Easement").
(c) Drainage Easement created pursuant to City of La Porte Ordinance 2006-2883,
dated May 8, 2006, recorded under County Clerk's File No. Z310884 of the Real Property
Records of Harris County, Texas (the "Existing Drainage Easement").
The City of La Porte, Texas ("La Porte") is the owner of a tract of land 25 feet x 25 feet
(the "Lift Station Site") which is bounded on three sides by the Apartment Site, which Lift
Station Site is more particularly described in instrument recorded under County Clerk's File No.
D555063 of the Real Property Records of Harris County, Texas. The Lift Station Site contains a
lift station (the "Lift Station") which is connected to the sanitary sewer lines installed in the
Existing Sanitary Sewer Easements (as defined below) that currently provide sanitary sewer
service to the Residences. In addition to the Utility Easements, La Porte has (i) an easement
HOD :2702631.7
City of La Porte
August tc) , 2008
Page 2
through the Apartment Site for ingress and egress to the Lift Station, such easement being
evidenced by instrument entitled "Ingress and Egress Right-of-Way to Lift Station Site" recorded
under County Clerk's File No. D570819 in the Real Property Records of Harris County, Texas,
and (ii) an easement of entry onto the Apartment Site, such easement being evidenced by
instrument entitled "Easement" recorded under County Clerk's File No. D830770 in the Real
Property Records of Harris County, Texas (collectively, the "Access Easements").
La Porte desires to cease the operation of the Lift Station and abandon the sanitary sewer
lines in the Existing Sanitary Sewer Easements, in which event it will be necessary to make
alternative arrangements for continued sanitary sewer service to the Residences. Lawrence
desires to acquire the Lift Station Site and Lift Station from La Porte, remove the Lift Station and
terminate the Existing Sanitary Sewer Easements and Access Easements but without affecting
the Existing Water Line Easement and Existing Drainage Easement and the rights of La Porte
relative thereto. In that connection, La Porte and Lawrence are entering into this Letter
Agreement in order to provide for the following agreements:
1. Approval of City Council: Title to Lift Station Site. Promptly following the
execution hereof, La Porte shall (i) submit this Letter Agreement to the La Porte City Council for
approval and shall use diligence to obtain the approval of City Council as soon as practicable to
this Letter Agreement and the transaction contemplated hereby, and (ii) promptly notify
Lawrence in writing upon obtaining such approval of the City Council. Promptly following the
execution hereof, Lawrence shall endeavor to obtain a title report or "nothing further" certificate
(the "Title Report") covering the Lift Station Site issued by a title company, together with legible
copies of all title exception documents affecting the Lift Station Site. Lawrence shall have the
right to review and approve such Title Report and title exception documents.
2. Plans and Permitting for Alternate Sanitary Sewer Service. Promptly following
such approval by the City Council of La Porte and notice thereof to Lawrence, Lawrence, at his
expense, shall cause plans and specifications (the "Utility Plans") to be prepared by a registered
professional engineer (the "Engineer") for utility lines, meters, grinding pumps, lift station and
other facilities (the "Alternate Facilities") necessary to continue sanitary sewer service to the
Residences without the need for the Lift Station at a cost acceptable to Lawrence. It is
anticipated that the Alternate Facilities will be constructed and installed from the Residences
through the Apartment Site and Bay Lots at locations determined by Lawrence to the south
boundary of the Apartment Site or Bay Lots and then, from such south boundary line through the
right of way of Crescent Drive (a publicly dedicated right of way pursuant to the map or plat of
Crescent Shores Subdivision filed in Volume 8, Page 58 of the Map Records of Harris County,
Texas) to the existing public sanitary sewer line located within the right of way of Crescent
Drive, the location of which is generally depicted on Exhibit "A" attached hereto. Upon
completion thereof, the Utility Plans shall be submitted to the Planning Department of the City of
La Porte for approval and issuance of a building permit for the Alternate Facilities.
3. Installation of Alternate Sanitary Sewer Service. Upon approval of the Utility
Plans by the Planning Department of the City of La Porte and issuance of a building permit for
HOU:2702631.7
City of La Porte
August ~, 2008
Page 3
the Alternate Facilities, Lawrence, at his expense, shall proceed with the construction and
installation of the Alternate Facilities in accordance with the approved Utility Plans using
contractors selected by Lawrence. La Porte acknowledges and agrees that the construction and
installation of such Alternate Facilities will involve the installation of sanitary sewer lines within
the right of way of Crescent Drive, and La Porte hereby grants its permission and license to such
contractors to use such right of way for the purpose of installing such sanitary sewer lines in
accordance with the approved Utility Plans and shall reasonably cooperate with Lawrence and
his contractors in order to facilitate such construction and installation. All Alternate Facilities
constructed and installed on the Apartment Site and/or Bay Lots and within the right of way of
Crescent Drive shall be private facilities owned and maintained by Lawrence from and after the
completion thereof. After completion of such Alternate Facilities, Lawrence and his contractors
shall have the right, from time to time, to enter upon the right of way of Crescent Drive for the
purpose of maintaining, repairing and replacing the Alternate Facilities located within such right
of way, and La Porte shall reasonably cooperate with Lawrence and his contractors in order to
facilitate the maintaining, repairing and replacing the Alternate Facilities located within such
right of way. Upon request of Lawrence, La Porte shall execute an instrument in recordable
form evidencing the right of Lawrence and his contractors to so install, maintain, repair and
replace the Alternate Facilities within the right of way of Crescent Drive. Upon completion of
the initial construction and installation of the Alternate Facilities, Lawrence shall notify La Porte
thereof.
4. Transfer of Utility Service. Promptly upon completion of the Alternate Facilities,
Lawrence shall cause the sanitary sewer service to the Residences to be transferred to the
Alternate Facilities and shall discontinue sanitary sewer service through the sanitary sewer lines
and other facilities in the Existing Sanitary Sewer Easements and the Lift Station Site.
5. Conveyance of Lift Station Site and Lift Station: Termination of Existing Utility
Easements. Access and Other Easements. At any time following the completion of the Alternate
Facilities and transfer of the sanitary sewer service to the Alternate Facilities, upon written
request of Lawrence, La Porte shall execute and deliver to Lawrence the following documents in
recordable form:
(a) A Special Warranty Deed in the form attached hereto as Exhibit "B"
conveying to Lawrence free and clear of all liens and encumbrances other than those set
forth in the Title Report, fee simple title to the Lift Station Site, Lift Station and any
utility lines, utility facilities and other improvements in, on or under the Lift Station Site;
and
(b) A Termination of Easements and Conveyance of Utility Facilities in the
form attached hereto as Exhibit "c" (i) terminating the Existing Sanitary Sewer
Easements, the Access Easements and any other existing access easements or other rights
of access currently held or claimed by La Porte through the Apartment Site or Bay Lots
to property owned by La Porte adjacent to the Apartment Site and Bay Lots but without
affecting the Existing Water Line Easement and Existing Drainage Easement, and (ii)
HOD :2702631.7
City of La Porte
August 2..S, 2008
Page 4
conveying to Lawrence all utility lines and utility facilities in the Existing Sanitary Sewer
Easements.
6. Removal of Lift Station from Lift Station Site. At any time following the
execution and delivery of the documents set forth in Paragraph 5 above, Lawrence may remove
the Lift Station and its related equipment from the Lift Station Site and cap-off all utility lines to
the Lift Station.
7. Existing Water Line Easement. Nothing herein shall affect the Existing Water
Line Easement which shall continue in full force and effect. La Porte shall continue to have all
rights under the Existing Water Line Easement and all utility lines and other facilities located
therein.
8. Existing Drainage Easement. Nothing herein shall affect the Existing Drainage
Easement which shall continue in full force and effect. La Porte shall continue to have all rights
under the Existing Drainage Easement and all utility lines and other facilities located therein.
9. Term of this Agreement. This term of this Letter Agreement shall commence
upon the execution hereof and shall continue in full force and effect until performance of all
obligations of the parties hereunder; provided, however, if (i) Lawrence does not approve of the
title to the Lift Station Site as evidenced by the Title Report, (ii) the approval of this Letter
Agreement by the City Council of La Porte has not occurred within sixty (60) days after the date
hereof (or such later date as may be agreed to in writing by the parties), or (iii) the approval of
the Utility Plans by the Planning Department of the City of La Porte and issuance of a building
permit for the Alternate Facilities has not occurred within sixty (60) days after the submission of
such plans by Lawrence (or such later date as may be agreed to in writing by the parties), at the
option of Lawrence, upon written notice to La Porte, this Letter Agreement shall terminate and
the parties hereto shall be released and relieved of further liability or obligation hereunder.
La Porte represents and warrants that it has all requisite power and authority to execute
this Letter Agreement and perform its obligations hereunder and has received all consents and
approvals of its City Council and other governmental agencies necessary to perform its
obligations hereunder. Lawrence represents and warrants that he has received all consents and
approvals of third parties necessary to perform his obligations hereunder subject, however, to
obtaining necessary permits for the construction and installation of the Alternate Facilities.
This Letter Agreement constitutes the entire agreement between Lawrence and La Porte
regarding the subject matter hereof. No prior or contemporaneous oral promises or
representations shall be binding.
This Letter Agreement shall be amended only by the written instrument signed by both
parties hereto. This Letter Agreement shall be binding upon and inure to the benefit of the
respective successors and assigns of the parties hereto. This Letter Agreement may be executed
HOU:2702631.7
City of La Porte
August ~S , 2008
Page 5
in multiple counterparts, each of which shall constitute an original, and all of which, when taken
together, shall constitute one and the same instrument.
&Gt. OlJ&.. \g ~h.-.. f ~.ta-. ~
C. BERDON LAWRENCE
HOU:2702631.7
City of La Porte
J\ugust~,2008
Page 6
J\CCEPTED J\ND J\GREED TO:
By:
Name'
Title:
HOU:2702631.7
HOU:2702631.7
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EXHIBIT" A"
SITE PLAN
EXHIBIT "A"
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POINT OF CONNECTION
TO CITY SAN. SEWER
EXHIBIT "B"
FORM OF WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
THE STATE OF TEXAS
COUNTY OF HARRIS
s
s
s
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, CITY OF LA PORTE ("Grantor"), a municipal corporation, for and in
consideration of the sum of TEN AND NOIlOO DOLLARS ($10.00) and other good and
valuable consideration to them in hand paid by C. BERDON LAWRENCE ("Grantee"), whose
address for mailing purposes is 55 Waugh Drive, Suite 1140, Houston, Texas 77007, the receipt
and sufficiency of which is hereby acknowledged and confessed; have GRANTED, SOLD and
CONVEYED, and by these presents do GRANT, SELL and CONVEY, unto Grantee, all that
certain lot, tract, or parcel of land, together with all improvements thereon, lying and being
situated in the County of Harris, State of Texas, and being more particularly described on Exhibit
"A" attached hereto and made a part hereof for all purposes (hereinafter referred to as the
"Subiect Property").
This Special Warranty Deed is executed and delivered, and the conveyance hereinabove
set forth is made by Grantor and accepted by Grantee, subject to each and all of those certain
exceptions to and conditions and encumbrances on title to the Subject Property which are set
forth in Exhibit "B" attached hereto and incorporated herein by this reference (such exceptions,
conditions and encumbrances being herein collectively referred to as the "Permitted
HOU:2702631.7
Exceptions"), to the extent the Permitted Exceptions are validly existing and are applicable to the
Property.
TO HAVE AND TO HOLD the Subject Property, together with all and singular the
rights and appurtenances thereto in anywise belonging, unto Grantee, his heirs, legal and
personal representatives, successors and assigns forever; and Grantor does hereby bind itself and
its successors and assigns, to WARRANT AND FOREVER DEFEND, all and singular the
Subject Property unto Grantee, his heirs, legal and personal representatives, successors and
assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part
thereof, by, through or under Grantor, but not otherwise, subject to the Permitted Exceptions.
EXECUTED as OftheJ.~daY of ~ 2008.
CITY OF LA PORTE, a municipal corporation
By: Name: ~ _
Title: 'e(
HOD :2702631.7
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
This instrument was acknowledged before me on the
2008, by
PORTE, a municipal corporation.
AFTER RECORDING. RETURN TO:
ANDREWS KURTH LLP
Attn: Mark C. Hodges
600 Travis, Suite 4200
Houston, TX 77002
HOU:2702631.7
day of ,
of the CITY OF LA
NOTARY PUBLIC, STATE OF TEXAS
EXHIBIT "A"
To Special Warranty Deed
DESCRIPTION OF SUBJECT PROPERTY
Being a 0.014 acre tract ofland out of the Frank Bonner Howard Tracts No.1, 2, and 3,
as recorded in Volume 3319 at Page 7 of the Deed Records of Harris County, Texas, out of Lot
23, W.B. Lowrance Subdivision, Johnson Hunter League, A-35, Harris County, Texas, as
recorded in Volume 83 at Pages 596 and 597 of said Harris County Deed Records, and being the
same tract of land conveyed to the City of La Porte by instrument dated March 7, 1972, recorded
under Harris County Clerk's File No. D555063, said 0.014 acre tract being more particularly
described as follows:
COMMENCING at a 3/4" iron rod found at the Northwest comer
of said Tract No.3, said point being also the Southwest comer of
that certain 9.4925 acre tract of land conveyed to Watson's Bay,
Inc., by W.S. Crawford, Jr., by deed as recorded in Volume 6959
at Page 568 of the Deed Records of Harris County, Texas, dated
October 11, 1967, and said point being in the East right-of-way
line of Park Avenue, and being further the Southeast comer of that
East 40 feet of Park A venue, as vacated and abandoned by the
Harris County Commissioners Court on August 26, 1968, and
recorded in the minutes of said court at Volume 68, Page 7;
THENCE, S 76 deg. 51' 37" E, along the common line of the
Watson's Bay, Inc., 9.4925 acre tract and the Frank Bonner
Howard tracts, a distance of 298.93 feet to the POINT OF
BEGINNING;
THENCE, S 13 deg. 08' 23" W, a distance of 25.00 feet to a point
for comer;
THENCE, S 76 deg. 51' 37" E, parallel to the North line of the
Frank Bonner Howard Tracts, a distance of25.00 feet to a point for
comer;
THENCE, N 13 deg. 08' 23" E, a distance of 25.00 feet to a point
for comer in the common line of the Watson's Bay, Inc. tract and
the Frank Bonner Howard tracts;
THENCE, N 76 deg. 51' 37" W, along said common line, a
distance of 25.00 feet to the POINT OF BEGINNING.
HOU:2702631.7
HOU:2702631.7
EXHIBIT "B"
to Special Warranty Deed
PERMITTED EXCEPTIONS
[as set forth in the Title Report to be obtained under Paragraph 1]
EXHIBIT "C"
FORM OF TERMINATION OF EASEMENTS
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
TERMINATION OF EASEMENTS AND
CONVEYANCE OF UTILITY FACILITIES
This TERMINATION OF EASEMENTS AND CONVEYANCE OF
UTILITY FACILITIES (this "Termination") is executed by and between C. BERDON
LAWRENCE ("Owner") and CITY OF LA PORTE, a municipal corporation ("La
Porte").
RECITALS
A. Owner is the record owner of a tract or parcel of land containing
10.0026 acres more particularly described on Exhibit "A" attached hereto (the "Owner
Property"). La Porte is the owner of a tract ofland 25 feet by 25 feet (the "Lift Station
Site") described on Exhibit "B" attached hereto. The Lift Station Site is bounded on
three (3) sides by the Owner Property. The Lift Station Site contains a lift station and
related utility lines and facilities (the "Lift Station Site Improvements") which is
connected to sanitary sewer lines installed in the Existing Sanitary Sewer Easements (as
defined below).
B. The Owner Property is subject to the following easements
(collectively the "Existing Sanitary Sewer Easements") related to the operation of the Lift
Station Site Improvements:
(i) Utility Easement dated March 19, 1973 from Vista
Baywood Housing, Ltd. to La Porte, recorded under County Clerk's File
No. D831769 of the Real Property Records of Harris County, Texas; and
(ii) Utility Easement dated April 19, 1972 from George B.
Rush, Sr. and O'Meara Properties, Inc. to La Porte, recorded under County
Clerk's File No. D570818 of the Real Property Records of Harris County,
Texas.
C. In addition to the Existing Sanitary Sewer Easements, the Owner
Property is subject to the following easements (the "Existing Access Easements") related
to the operation of the Lift Station Site Improvements:
HOU:2702631.7
(i) Ingress and Egress Right-of-Way to Lift Station Site dated
April 19, 1972 from 0' Meara - Rush, a j oint venture composed of George
B. Rush, Sr. and O'Meara Properties, Inc. to La Porte, recorded under
County Clerk's File No. 570819 of the Real Property Records of Harris
County, Texas; and
(ii) Easement dated March 14, 1973 from Vista Baywood
Housing Ltd. to La Porte, recorded under County Clerk's File No.
D831770 of the Real Property Records of Harris County, Texas.
D. By Warranty Deed of even date herewith, La Porte is conveying
the Lift Station Site and Lift Station Site Improvements to Owner, and Owner and La
Porte desire to enter into this Termination for the purpose of evidencing the termination
of the Existing Sanitary Sewer Easements and Existing Access Easements and
conveyance to Owner of all utility facilities in the Existing Sanitary Sewer Easements.
AGREEMENTS
NOW, THEREFORE, in consideration of the premises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Owner and La Porte agree as follows:
1. Termination of Easements. As of the date hereof, (i) the Existing
Sanitary Sewer Easements and Existing Access Easements and all easements created
thereby or related thereto, and (ii) any other existing access easements or other rights of
access currently held or claimed by La Porte through the Owner Property to property
owned by La Porte adjacent to the Owner Property, shall be and are hereby terminated
and all right, title and interest of La Porte thereunder are hereby released and quitclaimed
to Owner. All rights and obligations of Owner and La Porte arising under the Existing
Sanitary Sewer Easements and Existing Access Easements are hereby cancelled and
terminated as of the date hereof.
2. Conveyance of Utility Facilities. La Porte hereby grants and
conveys unto Owner all utility lines and other utility facilities in the Existing Sanitary
Sewer Easements and agrees that La Porte has the abandoned such utility lines and utility
facilities and has no further rights or interests therein.
3. Continuation of Water Line and Drainage Easements. Nothing
herein shall affect the Drainage Easement (the "Existing Drainage Easement") retained
by City of La Porte Ordinance 2006-2883, recorded under County Clerk's File No.
Z310884 of the Real Property Records of Harris County, Texas, which shall continue in
full force and effect. La Porte shall continue to have all rights under the Existing
Drainage Easement and all utility lines and other facilities located therein. Nothing
herein shall affect the Water Line Easement (the "Existing Water Line Easement") dated
April 19, 1972 from George B. Rush, Sr. and O'Meara Properties, Inc. to La Porte,
recorded under County Clerk's File No. D570817 of the Real Property Records of Harris
County, Texas, which shall continue in full force and effect. La Porte shall continue to
HOD :2702631.7
have all rights under the Existing Water Line Easement and all utility lines and other
facilities located therein.
4. Representations and Warranties. La Porte represents and warrants
that (i) it is the owner and holder of the easement estates evidenced by the Existing
Sanitary Sewer Easements and Existing Access Easements and the owner of the utility
lines and utility facilities conveyed hereby, and (ii) it has all requisite power and
authority to execute this Termination and has received all necessary consents and
approvals of its City Council and other governmental agencies to its execution hereof.
Lawrence represents and warrants that he has received all necessary consents and
approvals of third parties to its execution hereof.
5. Multiple Counterparts. This Termination may be executed in
multiple counterparts, and by Owner and La Porte on separate counterparts, each of
which shall be deemed to be an original but all of which shall constitute a single
agreement.
6. Successors and Assigns. This Termination shall be binding upon
and inure to the benefit of Owner and La Porte and their respective heirs, personal and
legal representatives, successors and assigns.
HOU:2702631.7
HOU:270263 1.7
EXECUTED as of the
day of
,2008.
OWNER:
C. BERDON LAWRENCE
LA PORTE:
CITY OF LA PORTE, a municipal
corporation
By:
Name:-~s.
Title: Ct9U
STATE OF TEXAS S
S
COUNTY OF HARRIS S
This instrument was acknowledged before me on the
, 2008, by
CITY OF LA PORTE, a municipal corporation.
day of
of the
NOTARY PUBLIC, STATE OF TEXAS
STATE OF TEXAS S
S
COUNTY OF HARRIS S
This instrument was acknowledged before me on the _ day of
, 2008, by C. BERDON LAWRENCE.
NOTARY PUBLIC, STATE OF TEXAS
HOU:2702631.7
EXHIBIT" A"
Description of Owner Property
A tract ofland containing 10.0026 acres out of the Frank Bonner Howard Tracts No.1, 2 and 3,
as recorded in Volume 3319, Page 7 of the Harris County Deed Records (H.C.D.R.), out of Lot
23 of the W.B. Lowrance Subdivision, Johnson Hunter League, Abstract 35, as recorded in
Volume 83, Page 596 H.C.D.R., and a part of that certain East 40 feet of Park Avenue, as
vacated and abandoned by City of LaPorte, Texas on September 27, 1971, by City Ordinance
No. 892, and being more particularly described by metes and bounds as follows:
BEGINNING at a 314-inch iron rod found for the southwest comer of that East 40 feet of Park
Avenue, as vacated and abandoned by the Harris County Commissioners Court on August 26,
1968, and recorded in the minutes of said court in Volume 68, Page 7, same point being the
northwest comer of the subject 10.0026 acre tract;
THENCE South 7()51' 37" East, along the common line between that certain 10.0035 total acres
conveyed to the City of LaPorte and described in deed recorded under Harris County Clerk's File
(H.C.C.F.) No. F423903 and said Frank Bonner Howard tracts, a distance of 340.00 feet to a 3/4-
inch iron rod wlcap set for comer of a lift station out-tract;
THENCE South Lf08' 23" West, departing said common line, a distance of25.00 feet to a 3/4-
inch iron rod wlcap set for comer of a lift station out-tract;
THENCE South 7() 51' 37" East, along the south line of said lift station out-tract, a distance of
25.00 feet to a 314-inch iron rod wlcap set for comer;
THENCE North If 08' 23" East, along the east line of said lift station out-tract, a distance of
25.00 feet to a 314-inch iron rod wlcap set in said common line between said City of LaPorte
10.0035 acres and said Frank Bonner Howard tracts;
THENCE South 7() 51' 37" East, along said common line, a distance of 449.86 feet to a 5/8-inch
iron rod found for the northeast comer of the subject 10.0026 acre tract, same point being a
common comer to a 0.6035 acre tract H.C.C.F. No. M604460 and also a 0.9591 acre tract
H.C.C.F. No. J402815;
THENCE South 00' 02' 11 " West, along the east line of said subject 10.0026 acres, at 230.78 feet
pass a "PK" nail in a concrete driveway found for the common west comer of said 0.9591 acre
tract and a 0.4303 acre tract, H.C.C.F. No. J402815 and continuing, in all a total distance of
500.35 feet to a 5/8-inch iron rod found for a common comer with the subject 10.0026 acre tract
and a 0.5411 acre tract, H.C.C.F. No. J402815, same point also being in the north line of
Crescent Shores Subdivision as recorded in Volume 8, Page 58 H.C.M.R.;
THENCE North 88'28' 35" West, along the common line between said subject 10.0026 acres
tract and said Crescent Shores Subdivision, a distance of97.12 feet to a point for comer, as
described in that certain Boundary Line Agreement recorded under H.C.C.F. No. J407171;
HOU:2702631. 7
THENCE North 6cf37' 05" West, departing the north line of said Crescent Shores Subdivision, a
distance of 48.67 feet to a point for comer.
THENCE South 0<f16' 25" West, a distance of 15.75 feet to a point in the north line of said
Crescent Shores Subdivision;
THENCE North 8~28' 35" West, along the north line of said Crescent Shores Subdivision, a
distance of 540.98 feet to a 3/4-inch iron rod w/cap set for comer;
THENCE North od' 02' 11" East, departing the north line of said Crescent Shores Subdivision
and along the east line of that certain tract called Reserve "A", a distance of235.64 feet to a 3/4-
inch iron rod w/cap set for comer;
THENCE North 8cf57' 49" West, along the north line of said Reserve "A", a distance of 108.96
feet to a 314-inch iron rod w/cap set for comer in the west line of that certain East 40 feet of Park
Avenue, as vacated and abandoned by the City of LaPorte;
THENCE North od' 02' 11" East, along the west line of said East 40 feet of Park Avenue, as
vacated and abandoned by the City of LaPorte, a distance of 431.67 feet to the POINT OF
BEGINNING and containing 10.0026 acres ofland, more or less.
This Real Property Description is based upon a land title survey conducted under the direction of
T. Trigg Lupher, Registered Professional Land Surveyor, Texas Registration No. 4752 in
January of 200 1.
HOU:2702631.7
EXHIBIT "B"
Description of Lift Station Site
Being a 0.014 acre tract of land out of the Frank Bonner Howard Tracts No.1, 2,
and 3, as recorded in Volume 3319 at Page 7 of the Deed Records of Harris County,
Texas, out of Lot 23, W.B. Lowrance Subdivision, Johnson Hunter League, A-35, Harris
County, Texas, as recorded in Volume 83 at Pages 596 and 597 of said Harris County
Deed Records, and being the same tract of land conveyed to the City of La Porte by
instrument dated March 7, 1972, recorded under Harris County Clerk's File No.
D555063, said 0.014 acre tract being more particularly described as follows:
COMMENCING at a 3/4" iron rod found at the Northwest
comer of said Tract No.3, said point being also the
Southwest comer of that certain 9.4925 acre tract of land
conveyed to Watson's Bay, Inc., by W.S. Crawford, Jr., by
deed as recorded in Volume 6959 at Page 568 of the Deed
Records of Harris County, Texas, dated October 11, 1967,
and said point being in the East right-of-way line of Park
Avenue, and being further the Southeast comer of that East
40 feet of Park Avenue, as vacated and abandoned by the
Harris County Commissioners Court on August 26, 1968,
and recorded in the minutes of said court at Volume 68,
Page 7;
THENCE, S 76 deg. 51' 37" E, along the common line of
the Watson's Bay, Inc., 9.4925 acre tract and the Frank
Bonner Howard tracts, a distance of 298.93 feet to the
POINT OF BEGINNING;
THENCE, S 13 deg. 08' 23" W, a distance of 25.00 feet to
a point for comer;
THENCE, S 76 deg. 51' 37" E, parallel to the North line of
the Frank Bonner Howard Tracts, a distance of 25.00 feet
to a point for comer;
THENCE, N 13 deg. 08' 23" E, a distance of 25.00 feet to
a point for comer in the common line of the Watson's Bay,
Inc. tract and the Frank Bonner Howard tracts;
THENCE, N 76 deg. 51' 37" W, along said common line, a
distance of25.00 feet to the POINT OF BEGINNING.
HOU:2702631.7