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Home My WebLink AboutR-2010-27 authorize sale of Block 26, Lot 10, Bayfront Addition, Town of La Porte 13 . REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: December 13.2010 Source of Funds: N/A Requested By: Tim Tietiens Account Number: N/A Department: Plannine: Amount Budgeted: N/A Report: _Resolution: -X-Ordinance:_ Amount Requested: Exhibits: 1. Resolution 2. Original Deed to City from M.K. Bercaw, Jr. 3. Title Commitment (from Stewart Title) 4. Area Map Budgeted Item: _YES -X....NO SUMMARY & RECOMMENDATION Staff has received a request from the owner of Lots 8 & 9, Block 46, Bayfront Addition, to purchase the adjacent Lot 10 from the City for the future construction of a home on lots 8, 9 & 10 of the block. l Staff's research determined that Lot 10, Block 46, Bayfront Addition, was conveyed to the City by deed from M.K. Bercaw, Jr. in November of 1987 (Re: HCCFNo. L441889, See Exhibit No. 2, attached). Mr. Bercaw's deed to the City contained the following statement; "TO BE USED BY THE PUBLIC FOR ANY PURPOSE AS SEEN FIT BY THE CITY OF LA PORTE, TEXAS." Staff contacted the City Attorney's office for clarification as to whether or not this language precludes the City from selling the lot as a surplus property to a private party by requiring its use to be public. The City Attorney's offices coordinated with Stewart Title Company who determined that the City has good marketable title to the lot and issued a title commitment to the property. The attached resolution for Council's consideration aftmns that the City has no present or future public use of the lot and thereby authorizes its sale. Recommendation: Staff recommends Council's passage and approval of a resolution authorizing the sale of Lot 10, Block 46, Bayfront Addition through public bid. Action Required of Council: resolution finding the City has no present or future use of Lot 10, Block 46, Bayfront Addition zing the sale of said lot through the public bidding process. It h lID Ron Bottoms, City Manager Date RESOLUTiON NO. 2010-..zL A RESOLUTION OF THE CITY COUNCIL OF THB CITY OF LA PORTE MAKING FINDINGS OF FACT, AND AUTHORIZING THB SALB OF LOT 10, BLOCK 46, OF BAYPRONT ADDITION TO THE TOWN OF LA PORTE, HARRIS COUNTY, TBXAS, FINDING COMPLIANCB WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. NOW THERBFORE, BE IT RBSOLVED BY THE CITY COUNCIL OF THB CITY OF LA PORTEe Section 1. On November 3, 1987, M.K. Bercaw, Jr. conveyed to the City of La Porte, by Warranty Deed, the real property described as follows, to-wit: Lot Ten (10), in Block Forty-six (46), of Bayfront Addition to the Town of La Porte, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 53, Page 1 of the Map Records of Harris County, Texas. The Deed was recorded in the Harris County Clerk's Office under Harris County Clerk's File No. L441889. The Deed contained a restriction which reads as follows, to-wit: liTo be used by the public for any purpose as seen fit by the City of La Porte, Texas. II Section 2. The City Council of the City of La Porte finds that City of La Porte has no present or contemplated future use of the said property, by the public, and authorizes the sale of the property by pUblic bid. section 3. 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 resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifiesl approves and confirms such written notice and the contents and posting thereof. section 4. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this ~day of ItcRin~~ , 2010. By: ATTEST: "l!Jf1~ q, rfJtJ M r ha A. GJ. lett City Secretary APP~~ Knox W. Askins City Attorney 2 SEP-14-2010 TUE 08:29 AM FAX NO. .: \;;~ .:~~t~ ~"~"1~':'. ~. I l~ ! I' I " " i I '; 1 ~ I. 1 It::: .j ~. t 1 1 ~ \ t . ~ r , , ,. / . ~ lo ( l: 1 i 1 " ~ ) .1 . , ~ I I \ I i I , I ! , . \' ". . L441!:JS9 ~~"l '-IIo'P-tc.:41 h, InL: "'1..[[.. HII'llt (ll."\..&"- rm u....' h.. 1J0"4.\,,.,III,,"1I1\ kc",e,' III K~ ' '198- 3B': 1927. :....'....". ...1'111 W ARRAN1'Y DEED E/:::O!l!i' r'I}O~27g& L~4H89 ~ 5./)lj D.lIC: NQve.~er J, 1997 Glll1ll<\r; M.X. ~, .!Ii., 00'1: jol.nod. by })tlO 'oIifl!, as this i:i tti.e sole arJd. ~ato ~ ~, and Q/:les not: nOt/, nor ever b.:1s constituted a put of the:Lr ~. Qr:l~I.'r'A MIIIII/lS ^dllll;~~ h~rIltJtn~ ",lOInl} ,. 1'.0. BOX lH F~eer, Ouv~l county, Tc~as 78357 CiruIUC" "IT'! Ol" 1.1\ POR'I'E ~.' \,.,...00" CirAlIlCc'~ M~i1iCl1l AudIo,,' tlftc:lcllinJ; tlluntyl' }l.a. llox 1115 La Po~ts, Har~i5 County, Texas 71571 r;:on.,ldQr~I"'n; Good and V31uable con31c~rat!on to me in hand ?aid. the rece1pt of which is hereby acknowleag.;(I. Prop.my C;ncludill8~ny ip'pl'tlvanl~II'~): BEING LO~ ~umbGr~d~!N (10). SLOCK FOR~Y-SI~ (46), in n~y!root 1) Addition to the ~own of La ~orte, a~rri5 Cou~tYI Texas. accord- in~ to the ~p and pl~~ of record at pa9~ 5J of Vol~ 1, of the Map and Pl~t Rcco~ds of said Harri9 county, Texas, to whicb rQcQrd r.fe~en~e is hcro~' ~aae fer ~re particularity of des- fiLED FOR RECORD 8;30 A.M. NOV 3 0 1987 (l-,,:;k._~ Coonty Clerk, H.lms Coullly, Texas ll.9CIV.lIio~~ (t'Clm and E~< plloftS 103 CotlVf.:lI~1lCe an<! WllmIll)' ~ TO BE tlSlttl. ];IV orl<l~ ~tlP.I~ FO!!. A~Y :PU~OSl!: AS SEEN fIT ny THE CITY OF LA PORTE, ~~~. (lr:mrof. rortlle con.iclcr.llion~nd 5lIbjCCl.14c1u: ~'\llr<alk>M [ro3m IllIIl c~~jgns \ocllll~~ncl! 2Jlll.....~rn>ncl'.lullnu. srlb, ~nll~clI'IC)'$locm~1I:ll: the rTllf'CT1I'.lc>pthcrwlrh all ~dAinBtlllrlhr riglllund iIpplI!'lcl1iIncCJI/urn:loin llAY Itlill t.r:1"p~ing, 10 ~~Vti wi lIuld illo GI'iI1\lec. GI':I"'I<<'5 IIcltlt. cael;lllnn, ldmilliJat:llOtll. tIl~n. or miJII5 rrMtvet. Gr.lnlnr blnlla Cinonlllr i/l4 Cir.1l1ow'llIein. e~e~Ulo,;, ~clminim:llol'l, :\lI1l ~U('~e~',Q~ III I"m:1Il1 ~nd forever dcrmd III and slnsul:!l' 4/1( rr~fl} I" (jr;l~ Ind Or.lnlllC" hcltll. eX"1l10n, Idminislralors. .uc:c.\QtJ. m1111~i&ft.!i a.aiMI rvCfl/ poll'!>l>l\ II/homlQl'vcr bwfully c"'imlna orlo (IJlm IIla ume Ofill\Y patllhcrc:l>f, 4~C"t'lal> tollle re~clYollioft. rl'<lll'l.:lt\4 QXC1!ptJOQ$ Illc;M\lcy.lncr Mol. _rl'GlllY. \'/t~it 1.'" .:r,~~:.; :~-i;.:.r,.... ";ile;O;~ii m;Uj;;.;r:J proriorro:o:: inch:::- ~~ ;:-!t::.:.!. f I .1 P. 01 -7(; C( tl.-rlc Fi tn~l -T;~ " ~ ~ ~ ~~~ :~.! ~ \~ '1 ,..~ i I I J j f' .;. ~ ~ i i " i i . . ; oJ " ~ I }.! ."1 I ~ I SEP-14-2010 rUE 08:29 AM 13lU:ClJ'tli:D the STATEO~T.EXAS COUNTY OF DtJVAL FAX NO. j98-30=/928 l7th day of November, 1997. , ~,...'/.--: ~ '. /' .~.__..~:LA-:J. ;./ i.... K, Bercaw, Jr. I 'Jl/ b1t'l.....I,,""rt'Dt:I4t) 'This IlDltllm<lRl W~I lIdlmwltdccd bcrOR me on ~ by ~. 1<. BERCAW, JR. 17th ~~~ lit Nc"Veltlbcr STATIlOFTBXAS C:OUN1YOF - ~II'/;};h". ~.r<":r';.~ N"IoIry'_lIil""'tprllll.~), Nnl~IJI'Htmftnilllol~n o~pin:" 4/26/S II Il'"..,.,..,. ~~~nn"lodJ""'U 111 of . Thil; in:ilf\lmcnl \It~J i~lcflllWltdJallw:rl'rQ IDe .,~ the dayo( ,I" ~orpoulion. Cn beh:ur of )~id ,orponlion. AFTER RIlC~DINClltbTVRN TO; t.1. K, \l~:1CIW;'. JR. p, O. EC:: 179 rr..::~, rc;:AS 7.1357 " . .~ n ". I \_. I ~fllo~ Mlle. SliIIC! "fTe"'.' Nrn"~'~ ,,:mll! ljt(l"l<'lll, N,n""/"I '''mmlHftln '~Plrt\\: PREPARErJ IN THE U W OfFICI! OF; t" It. 1'~r::;f.~7, JII. p, (I, C:Ji: 179 If:. ~.~, m".AS 72357 wr_-:==~~1.3:::"=~ r~llfl~] ....,...:.:, Of~~ lIlI ~.._I ... IIlE9 ... no _low =~..::.~~.:Ia~~':~;'*~ Rd'/.~ kGV 30t987 ~tp.4d"-. ~ ~!~~m:~~:f-w. TE1.A~ -r I ,~_-...:"_. - I P. 02 .: THE FOLlOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FOR TITLE INSURANCE ISSUED BY ~~ "'-IC"" o . . .. .. .' ..~, We, STEWART TITLE GUARANTY COMPANY, will issue our title insurance policy or policies (the Policy) 10 You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements In Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. this Commitment ends ninety (90) days from the effective date, unless the Policy is issued soone', or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. In witness whereof, the Company has caused this commitment to be signed and sealed as of the effective date of commitment as shown in Schedule AI the commitment to become valid and binding only when countersigned by an authorized signatory. stewart ~-~- c. &. ean..." _~ V~flt-Z1~ ~ Sfate ~#tJ.~~ ----- CONDITIONS AND STIPULATIONS 1. If you have actual knowledge of any matler which may affect the title or mortgage covered by this Commitment, that is not shown in Schedule B. you must notify us in writing. If you do not notify us in writing. our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us. or we learn of such matter. we may amend Schedule S, but we will not be relieved of liability already incurred. 2. Our liability is only to you. and others who are included in the definition of Insured in the Policy to be issued. Our liability is only lor actual loss incurred in your reliance on this Commitment to comply with its requirements or to acquire the interest in the land. Our liability is Iimiled to the amount shown in Schedule A 01 Ihis commitment and will be subject to the following terms 01 the Policy: Insuring Provisions. Conditions and Stipulations, and Exclusions. All notices required to be given the Company and any statement in writing required 10 be furnished the Company shall be addressed to it at P.O. Box 2029. Houslon. Texas 77252. ~~'!'!~ Stewart Title Guaranty Company SCHEDULE A GF No. 1229-10-1654 Address (for reference only): Effective Date: September 14, 2010. 8:00 a.m. Issue Date: October 18. 2010 1. The policy or policies to be issued are: (a) OWNER'S POLICY OF TITLE INSURANCE (Form T-1) Policy Amount: $ 100,000.00 PROPOSEDINSURED:TBD (b) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE - ONE-la-FOUR FAMILY RESIDENCES (Form T-1R) Policy Amount: $ PROPOSED INSURED: (0) LOAN POLICY OF TITLE INSURANCE (Form T-2) Policy Amount: $ PROPOSED INSURED: Proposed Borrower: (d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T- 2R) Polley Amount: $ PROPOSED INSURED: Proposed Borrower: (e) LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION lOAN (Form 1-13) Binder Amount: $ PROPOSED INSURED: Proposed Borrower: (f) OTHER Policy Amount $ PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee simple estate, subject to, and the Company does not insure title to. and excepts from the description of the land. coal, lignite. oil. gas and other minerals in, under and that may be produced from the land. together with all rights. privileges. and immunities relating thereto. . 3. Record tiUe to the land on the Effective Date appears to be vested in: CITY OF LA PORTE 4. Legal description of land: Lot Ten (10), in Block Forty-six (46), of B8yfront Addition to the Town of laPorte, a subdMslon in Harris County, Texas, according to the map or plat thereof, recorded in Volume 53. Page 1 of the Map Records of Harris County, Texas. Form T-7: Commitment forTltle Insurance File Number: 122g.10-1654 SCHEDULE B EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, 008ts, attorney's fees, and expenses resulting from: 1. The following restrictive covenants of record itemized belOY/ ftNe must either Insert specific recording data or delete this exception): Those filed under Harris County Clerk's File No. L441889 But deleting any covenant, condition or restriction Indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant (a) Is exempt under chapter 42, section 3607 of the United States code or (b) Relates to handicap but does not discriminate against handicapped persons. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. . (Applies to the Owner Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, ~emments or other entities. i) to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams. lakes. bays, gulfs or oceans, or ii) to lands beyond the line of the harbor or bulkhead lines as established or changed by any government. or iii) to filled-In lands, or artificial islands, or Iv) to statutory water rights, Including riparian rights. or v) to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2010. and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change In land usage or ownership. but not those taxes or assessments for prior years because d an exemption granted to a previous owner d the property under SectIon 11.13, Texas Tax Code, or because d Improvements not assessed for a previous tax year. (If Texas Short Form Residential Mortgagee Policy of TiUe Insurance (T-2R) is issued. that policy wUI substitute "which beoome due and payable subsequent to Date of Policy" In lieu of ''for the year 2010 and subsequent years.") 6. The terms and c::onditlons of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A. if the land Is part d the homestead.d the owner. (Applies to the Mortgagee Tille Policy Binder on Interim Constructlon Loan only, and may be deleted if satisfactory evidence is fumished to us before a binder Is issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the Inslled mortgage. (ApplIes to Mortgagee Polley (T ~2) only.) 9. The ExceptiOns from Coverage and Express Insurance in Schedule B of the Texas Short Form Form T-7: Commitment for TIUe Insurance File Number: 1229-10-1654 Residential Mortgagee Policy of Title Insurance (T-2R). (Applies to Texas Short Form Residential Mortgagee Policy of rltle Insurance (T-2R) only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy of Title Insurance (T -2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters rNe must insert matters or delete this exception.): A Rights of Parties In possession. (OWNER POLICY ONLY) B. Subject to any and all visible and or apparent easements over, under or across subject property, which a surveyor physical inspection may disclose. C. Any encroachment, encumbrance. violation. variation. or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land. D. Terms, conditions and stipulations contained in the La Porte Area Water Authority created by Ordinance No. 1295, a certified copy of which has been flied under Harris County Clerk's File No. L826773. E. Subject to the zoning ordinances now in force in the City of La Porte. Texas. (OWNER POLICY ONLY) F. Any and all unrecorded leases and/or rental agreements with rights of tenants in possession Fonn T -7: Commitment for Title Insuranc::e File Number: 1229--1()"1654 SCHEDULE C Your Policy will not cover loss. costs. attorneys fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Polley is issued: 1. Documents creating you' title or Interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that no person occupying the land claims any Interest in that land against the persons named In paragraph 3 of Schedule A, all standby fees, taxes, assessments and charges against the property have been paid. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub-contractors, laborers and suppliers have been fully paid. and that no mechanic's. laborer's or materialmen's liens have attached to the property. there is legal right of access to and from the land, (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the Insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest 4. Any defect. lien or other matter that may affect title to the land or Interest insured. that arises or Is filed after the effective date of this Commitment. 5. NOTE: Procedural Rule P-27 as provided for in Miele 9.39A of the Texas Insurance Code requires that wGood Funds- be received and deposited before a Title Agent may disburse from Its Trust Fund Account. 6. Note: We find no outstanding mortgage liens of record affecting the subject property. An inquiry should be made concerning the existence of any unrecorded lien or other indebtedness, which could give rise to any security interest in the subject property. 7. We must be furnished with a properly executed Resolution in recordable form to support the proposed transaction. 8. The subject property lies within the boundaries of La Porte Water Authority. Requirement: pursuant to V.T.C.A. Watsr code. Sections 50.301 and 50.302. Proper notice In statutory form must be given to the purchaser 9. The purchaser in this transaction has not been checked for United States Judgment Liens and/or Notice of Uen for Fine. NOTE TO CLOSER: Title is vested as shown above by Warranty Deed dated November 3, 1987 filed for record November 30, 1987 under Harris County Clerk's Ale No. L441889. NOTE TO LENDER: We have examined the records in the offICe of the county of subject property for the past 24 months and found the following Deed{s}: None. Form T -7: Commitment lOr Title Insurance File Number: 1229-10-1654 Authorized Officer or Agent This Commitment is invalid unless the insuring provisions and Schedules A, B. and Care attached . PGW PGW/added RS per STC/10.18.10 Form T-7: Commitment for Title Insurance File Number; 1229-10-1654 CITY C 006-1 BLOC BAYFRC