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EXHIBIT "A"
Form of Restriction Agreement
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(Space Above For Recorder's Use Only)
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR ST MM 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
STATE OF TEXAS §
& RESTRICTION AGREEMENT
COUNTY OF HARIS
This RESTRICTION AGREEMENT ("Agreement") is made and entered into as of the
Effective Date by and between the City of La Porte, a Texas home -rule municipality ("City"),
and K. Belle Interests ("Developer"), a Texas limited liability company, acting by and through
their respective authorized officers.
RECITALS
WHEREAS, as of the Effective Date, pursuant to the Purchase Agreement, Developer
has purchased the Property from the LPDC; and
WHEREAS, prior to or concurrent with the sale of the Property to Developer, LPDC
purchased the Property from City pursuant to that certain Purchase and Sale Agreement effective
May 14, 2012, between City and LPDC ("the City Contract's without City seeking sealed bids or
conducting an auction prior to the sale of the Property to LPDC pursuant to the statutory
exception to such requirements set forth in Texas Local Government Code §272.001(b)(4); and
WHEREAS, as a condition of the sale of the Property to LPDC and pursuant to Texas
Local Government Code §272.001(b)(4), the City Contract requires that LPDC have the Property
redeveloped and used for the Required Use; and
WHEREAS, LPDC has, as a condition of the conveyance of the Property to Developer,
restricted the use of the Property and required Developer to develop the Property with the
Improvements in accordance with the terms and conditions set forth herein; and
WHEREAS, as a condition to and in consideration of the LPDC's conveyance of the
Property to Developer, Developer has agreed to develop the Property in accordance with this
Restriction Agreement; and
ATTACHMENT I TO PURCHASE AND SALE AGREEMENT: CITY OF IA PORTE TO
LA PORTE DEVELOPMENT CORPORATION - PAGE 1
WHEREAS, Developer desires to grant City an option to repurchase the Property in the
event Developer fails to cause Commencement of Construction or Completion of Construction
(hereinafter defined) of the Improvements in accordance this Restriction Agreement, subject to
the terms and conditions hereafter set forth;
NOW, THEREFORE, in consideration of the sum of TEN AND N0/100 DOLLARS
($10.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, City and Developer hereby agree as follows:
Article I
Property Subject to Declaration
The Property shall be owned, held, leased, transferred, sold, mortgaged and/or conveyed
by Developer and any subsequent owners (as such term is hereinafter defined for the term
specified in Section 5.21, subject to the terms of this Restriction Agreement.
Article H
Definitions
For purposes of this Agreement, the following words and phrases shall have the
following meanings unless the context clearly indicates a different meaning:
"Developer" means K. Belle Interests, a Texas limited liability company.
"City" shall mean the City of La Porte, a Texas a home rule municipality located in the
County of Hams, State of Texas.
"City Manager" shall mean the City Manager of City.
"Commencement of Construction" shall mean (i) the plans have been prepared and all
approvals thereof required by applicable governmental authorities have been obtained for
construction of the Improvements, (ii) all necessary permits for the construction of the
Improvements have been issued by the applicable governmental authorities and (iii) construction
of the elements of the building elements of the Improvements has commenced.
"Completion of Construction" shall mean (i) substantial completion of the Improvements
on the Land has occurred, and (ii) a certificate of occupancy or final inspection has been issued
by City for occupancy of the Improvements for the Required Use by Developer.
"Effective Date" shall mean the date this Agreement is signed by all parties hereto.
"LPDC" shall mean the La Porte Development Corporation, a Texas non-profit
corporation.
"Force Majeure" shall mean any contingency or cause beyond the reasonable control of a
party including, without limitation, acts of God or the public enemy, war, riot, civil commotion,
insurrection, by the order of a court resulting from any litigation brought by a third party to
prevent or delay Developer' development, construction, or operation, City delay of permits or
ATTACHMENT I TO PURCHASE AND SALE AGREEMENT: CITY OF rA PORTE TO
I.A PORTE DEVELOPMENT CORPORATION - PAGE 2
other approvals, government or de facto governmental action (unless caused by acts of omissions
of the party), pending referendum, fires, explosions or floods, strikes, slowdowns or work
stoppages. Such extension shall be for a period equal to the actual length of such delay, together
with any time reasonably required by Developer to re -mobilize for construction as a result of
such delay.
"Improvements" shall mean the structures located on the Property, inclusive of any
materials, equipment, and fixtures incorporated into said structures by Developer as necessary to
be able to use obtain a certificate of occupancy from City to occupy and use the Property for the
Required Use.
'Propert}/' shall mean a A 0.1377 acre tract being all of Lots 21 and 22, Block 52, Town
of LaPorte, Texas, Harris County; a 0.0975 acre tract being all of Lot 9, Block 52, Town of La
Porte, Texas, Harris County; and a 0.1434 acre tract being all of Lots 7 and 8, Block 52, Town of
LaPorte, Texas, Harris County
"Option Period" shall mean that period of time commencing on closing of the purchase of
the Land by Developer and ending on the earlier of (a) Completion of Construction or (b)
seventy-two (72) months .
"Option Price" shall mean the Purchase Price stated in the Purchase Agreement less all
closing costs and expenses paid or incurred by LPDC pursuant to the Purchase and Sale
Agreement and pursuant to the exercise of the Option.
"Property" shall collectively mean the Property and any Improvements following
construction thereof on the Property.
"Purchase Agreement" shall mean that certain Purchase and Sale Agreement, as amended
or assigned, by and between LPDC and Developer, effective May 14, 2012.
"Required Use" shall mean the development and use of the Property for the purpose of
operating a business enterprise that meets the City's economic development goals and is a
permitted use under the zoning regulations applicable to the Property.
Article III
Option
3.1 Grant of Option. In consideration of TEN AND N0/100 DOLLARS ($10.00), in hand
paid by City to Developer and other good and valuable consideration, the receipt and sufficiency
of which is acknowledged by Developer, Developer hereby grants to City during the Option
Period an option to repurchase the Property (the "Option").
3.2 Time for Exercising Option. Subject to Section 3.3, below, the Option may be
exercised by City in its sole discretion by providing written notice to Developer upon the
occurrence of the following:
(a) any time after twenty-four (24) months, if Developer has failed to cause
ATTACHMENT I TO PURCHASE AND SALE AGREEMENT: CITY OF IA PORTE TO
IA PORTE DEVELOPMENT CORPORATION -PAGE 3
Commencement of Construction of the Improvements to occur on the Property on or before that
date, provided Commencement of Construction has in fact still not occurred on the date of the
exercise of the Option; or
(b) any time after sixty (60) months, but before the end of the Option Period, if
Commencement of Construction has occurred, but Developer has failed to cause Completion of
Construction by that date, provided Completion of Construction has in fact still not occurred on
the date of the exercise of the Option.
3.3 Force Maieure. In the event of Force Majeure, Developer shall have such additional
time to cause Commencement of Construction or Completion of Construction, as the case may
be, so long as Developer is diligently and faithfully pursuing the same. The termination of the
Option Period shall be extended for the same number days that the performance of Developer
with respect to Commencement of Construction or Completion of Construction is extended by
Force Majeure.
.3.4 Sole Remedy. The City's sole and exclusive remedy for violation of the obligation of
Developer for the Commencement of Construction of Construction and Completion of
Construction shall be the exercise of the Option.
Article IV
Terms of Sale Upon Exercise of Option
4.1 Effect of Exercise of the Option. Upon any timely exercise of the Option by City in
accordance with the foregoing provisions, the conveyance of the Property to be conveyed to City
shall be in accordance with the provisions in this Article IV.
4.2. Title, Survey, and Environmental Reports.
(a) Not later than the fifteenth (15th) business day after the exercise of the Option,
Developer shall, at Developer' expense, deliver to City:
(i) a current commitment for an Owner's Policy of Title Insurance from the
Title Company for the portion of the Property to be conveyed to City, setting forth the
state of title to the Property together with any easements or restrictions (existing or
created pursuant hereto) benefiting or burdening the Property, together with all
exceptions or conditions to such title;
(u) legible copies of all documents referenced in the Title Commitment;
(iii) any environmental studies or reports that Developer may have in its
possession with respect to the Property; and,
(iv) tax certificate(s) regarding the payment of ad valorem taxes for current
and prior years.
ATTACHNI ;Nr I TO PURCHASE AND SALE AGREEMENT: CITY OF LA PORTE TO
LA PORTE DEVELOPMENT CORPORATION - PAGE 4
(b) Upon any exercise of the Option, City shall have the right, at its sole option, to
cause a boundary or "as -built' survey of the Property to be made by a certified land surveyor
selected by it. Such survey shall be made at the sole cost and expense of City.
(c) City shall, not later than twenty (20) days after City's receipt of the last of the
Survey and Title Commitment, notify Developer and Title Company of any objections to the
Survey or Title Commitment. If there are objections by City, Developer shall in good faith
attempt to satisfy them prior to Closing. If Developer delivers written notice to City not later
than the tenth (10) calendar day after Developer' receipt of City's objections that Developer is
unable to satisfy such objections, City may either waive such objections and accept title as
Developer is able to convey or terminate the exercise of the Right by written notice to Developer
and the Title Company.
4.3. Closine.
(a) The closing of the sale of the Property identified in the notice exercising the
Option shall occur not later than sixty (60) calendar days following the date of exercise of the
Option unless otherwise extended by written agreement of Developer and City.
(b) At the closing, Developer shall deliver to City:
(i) a special warranty deed, in form and substance substantially similar to the
form used to convey the Property to Developer pursuant to the Purchase Agreement,
conveying good and indefeasible title to the Property described in the notice exercising
the Option and/or the survey obtained by City (whichever is the most accurate
description) to City, free and clear of any and all encumbrances except the Permitted
Exceptions, save and except such oil, gas, and other minerals as may have been reserved
by prior grantors;
(ii) an owner's policy of title insurance (or equivalent) in the amount of the
Purchase Price, insuring such title to City; and
(iii) possession of the Property, free of parties in possession.
(c) At closing, City shall pay in cash or by certified or cashier's check the Option
Price described in Article H, less all Closing Costs and other costs and expenses to be paid by
Developer pursuant to this Article.
4.4 Taxes. Ad valorem taxes, assessments, and any other charges against the Property and/or
improvements conveyed to City pursuant to this Article IV shall be prorated as of the Closing
Date for the current year, such that Developer will be responsible for all such items which accrue
prior to the Closing Date, and City will be responsible for all such items which accrue on and
after the Closing Date. Taxes and assessments for all prior years shall be paid by Developer.
4.5 Closine Costs.
(a) Developer will pay and be responsible for the following closing cost:
ATTACHMENT I TO PURCHASE AND SALE AGREEMENT: CITY OF IA PORTE TO
IA PORTE DEVELOPMENT CORPORATION -PAGE 5
(i) the cost of all tax certificates relating to all taxes and other assessments
incurred or arising in relation to the Land;
(ii) all fees and premiums for Basic Owner's Title Policy, and any
endorsements to the Basic Owner's Title Policy;
(iii) one-half (%) of the Title Company's escrow fees;
(iv) all recording fees;
(v) all costs and expenses incurred by or on behalf of Developer, including
Developer' attorney's fees;
(vi) all costs related to obtaining any releases of liens on the portion of the
Land conveyed relating to any loans secured by a deed of trust lien on said property; and
(vii) such other incidental costs and fees customarily paid by sellers of real
property in Harris County, Texas; for transactions of a similar nature to the transaction
contemplated herein.
(b) City hereby agrees to pay and be responsible for the following closing cost:
(i) all fees and premiums for the Survey;
(ii) one-half (%) of the Title Company's escrow fees;
(iii) all costs and expenses incurred by or on behalf of City, including City's
attorneys' fees; and
(iv) such other incidental costs and fees customarily paid by purchasers of
property in Harris County, Texas, for transactions of a similar nature to the transaction
contemplated herein.
4.6. Permitted Exceptions. City acknowledges and agrees that the Property and
improvements conveyed pursuant to this Article IV will be conveyed by Developer at closing
subject only to such easements, conditions and restrictions as have been approved or deemed
approved by City, including; (i) utility easements granted by subdivision plat or instrument
subsequent to the purchase of the Property by Developer; and (ii) such other matters as City may
waive.
4.7 Conveyance As Is. City acknowledges and agrees that the Property and/or
improvements conveyed pursuant to this Article IV will be conveyed "AS IS" with all faults and
defects, whether patent or latent, existing as of the Closing. Except with respect to the quality of
the title being conveyed by Developer as set forth in the Special Warranty Deed, City
acknowledges and agrees that Developer will be making no representations, warranties,
guarantees, statements or information, express or implied, pertaining to the Property or
improvements conveyed, their condition, or any other matters whatsoever, made to or furnished
to City by Developer or any employee or agent of Developer, except as specifically set forth in
this Restriction Agreement.
ATTAC INCENr I TO PURCHASE AND SALE AGREEMENT: CITY OF LA FORTE TO
LA FORTE DEVELOPMENT CORPORATION -PAGE 6
Article V
Restrictions
5.1 Use of Property; Buildings. No portion of the Property shall be utilized for any use
other than the Required Use. No building shall be constructed, reconstructed, erected, altered, or
placed on any portion of the Property other than the Improvements or other structures that will be
used in conformance with the Required Use.
5.2 Term of Restrictions. The restrictions set forth in Section 5.1, above, shall commence
on the Effective Date and automatically terminate following the Completion of Construction of
the Improvements.
Article VI
Miscellaneous
6.1 Enforcement. City shall have the right, but not the obligation, to enforce this Restriction
Agreement and any covenants and restrictions contained herein, as the same may be amended as
herein provided. Subject to the limitation set forth in Section 5.1, above, enforcement of the
provisions set forth in Section 5.1 contained herein may be exercised after failure of any person
or persons violating or attempting to violate any covenants or restrictions to cure such violation
or breach within two (2) thirty (30) day notice periods after receipt of written notice thereof, by
proceeding at law or in equity, against any person or persons violating or attempting to violate
any covenants or restrictions, to restrain violation or to recover damages, and failure to enforce
any covenant, restriction or condition shall not be deemed a waiver of the right of enforcement
either with respect to the violation in question or any other violation. This Restriction
Agreement is not intended to restrict the rights of the City Council of the City of La Porte to
exercise its legislative duties and powers insofar as the Land is concerned. For further remedy,
Developer, for itself, its successors, and assigns agrees that the City may withhold building
permits, development approvals, certificates of occupancy and/or final inspection necessary for
the lawful use of any portion of the Land not then in compliance with this Agreement. The
City's right to repurchase the Land pursuant to the exercise of the Option as set forth in Articles
III and W of this Restriction Agreement constitutes the City's sole and exclusive remedy for any
failure by Developer to Commence Construction or Complete Construction of the Improvements
on the Land. The rights of City under this Restriction Agreement may not be waived or released
except pursuant to an amendment or termination approved in accordance with the provisions
hereof, except by expiration of the Term.
6.2 Amendment. No amendment or any termination of this Restriction Agreement shall be
effective unless and until approved by Developer and the City (as evidenced by a resolution of
the City Council executed by the Mayor and recorded in the Official Public Records in the office
of the Harris County Clerk); provided, however, the City may, without the consent of Developer,
terminate and release the restrictions set forth in Section 5.1. In the event Developer, or
subsequent owner of the Property desires to change, amend or alter the covenants, conditions or
restrictions as set forth herein, Developer, or subsequent owner, as the case may be, shall file a
written application for such change or amendment with City, which shall approve or deny such
application in whole or in part within thirty (30) days after receipt of such application. Any
change or amendment approved by the City shall not be effective unless and until an instrument
ATTACHMENT I TO PURCHASE AND SALE AGREEMENT: CITY OF LA PORTE TO
LA PORTE DEVELOPMENT CORPORATION -PAGE 7
executed by the Mayor is recorded in the Official Public Records in the office of the Harris
County Clerk in accordance with this Section.
6.3 Notices. All notices, requests, demands or other communications required or permitted
hereunder shall be in writing and shall be deemed to have been fully and completely made when
given by hand, by confirmed facsimile transmission by overnight delivery by Federal Express or
other reliable courier or the mailing of such by registered or certified mail, addressed as follows:
If intended for City, to:
City of La Porte
Attn: City Manager
604 W. Fairmont Parkway
LaPorte, Texas 77571
If intended for Developer:
LaPorte, Texas 77571
With a copy to:
Askins & Askins, P.C.
Attn: Clark T. Askins
P.O. Box 1218
La Porte, Texas 77572-1218
Any party may at any time and from time to time by notice in writing to the other party hereto
change the name or address of the person to who notice is to be given as hereinbefore provided.
6.4 Successors and Assigns. This Restriction Agreement shall bind, and inure to the benefit
of, the parties and their respective successors and assigns.
6.5 Governine Law. This Restriction Agreement is entered into and is intended to be
performed in the State of Texas, and the validity, enforceability, interpretation and construction
hereof shall be determined and governed by the laws (other than conflict of laws provisions) of
the State of Texas. Venue for any action shall be in the state district court of Harris County,
Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court.
6.6 Recording. The parties agree that City may record this Restriction Agreement in the
Official Public Records in the office of the Harris County Clerk.
6.7 Covenants Run with the Property. This Restriction Agreement and the restrictions,
covenants, and conditions set forth herein are for the purpose of protecting the value and
desirability of the Property as well as to carry out compliance with Tex. Loc. Govt. Code
§272.001(a)(4), as amended, and, consequently, shall run with the Property and be binding on
the Developer and all parties having all right, title, or interest in the Land, in whole or in part,
and their heirs, successors and assigns. These covenants, conditions and restrictions shall be for
the benefit of the City of La Porte, Texas. This Restriction Agreement is binding upon
Developer and each and every subsequent owner, tenant, subtenant, licensee, manager, and
occupant of all or any portion of the Property, but only during the term of such party's
ownership, tenancy, license, management or occupancy of the Property, for which such party
shall remain liable and shall be binding upon and inure to the benefit of the City and its
ATTACHMENT I TO PURCHASE AND SALE AGREEMENT: CITY OF LA PORTE TO
IA PORTE DEVELOPMENT CORPORATION - PAGE 8
successors and assigns. It is expressly understood and agreed that acceptance of title to all or a
portion of the Property shall automatically, and without further acknowledgement or
confirmation from the owner, constitute such owner's assumption of the obligations of
Developer hereunder.
6.8 Severability. Invalidation of any one of these covenants, conditions, or restrictions by
judgment or court order shall in no way affect any other provisions, and all other provisions shall
remain in full force and effect.
6.9 Entire Agreement. This Agreement constitutes the entire agreement between the parties
hereto with respect to the subject matter hereof, and no statement, promise, representation or
modification hereof by any person, if any, and whether oral or written, shall be binding upon any
pail'-
6.10 Counterparts. This Agreement may be executed by the parties hereto in separate
counterparts; each of which when so executed and delivered shall be an original, but all such
counterparts shall together constitute one and the same instrument. Each counterpart may consist
of a number of copies hereof each signed by less than all, but together signed by all of the parties
hereto.
(signatures on following pages)
ATTACHAffM I TO PURCHASE AND SALE AGREEMENT: CITY OF LA PORTE TO
LA PORTE DEVELOPMENT CORPORATION - PAGE 9
SIGNED AND AGREED on this -L5 a1 of 2012.
City of La Porte, Te as,
a Texas home rule municipality
By: / /1l
Steve 011ett, Interim City Manager
Approved as to Form:
By: 6(A(A
City Attorney
City's Acknowledgment
STATE OF TEXAS
COUNTY OF HARRIS
Acknowledged before me, the undersigned authority, this 1-5 day of
qy-A�, , 2012, by Steve Gillett, Interim City Manager for the City of La
Porte, Wxas, a Texas home rule municipality, on behalf of such municipality.
_ , 0-1- 1 oc —L��
'Rotary Public, State of Texas
My Commission expires:
sluru+oNDoosoNaaErr
MYCOMMISSMEXPIRES
Fftiuy 1Z 2013
ATTACHMENT I TO PURCHASE AND SALE AGREEMENT: CITY OF LA PORTE TO
LA PORTE DEVELOPMENT CORPORATION - PAGE 10
ECE" E
JUN 2 12012 i
BY:�_
SPECIAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date:
Grantor:
Mailing Address
Grantee:
Mailing Address
Consideration:
Su/j ZI 2012
CITY OF LA PORTE DEVELOPMENT CORPORATION
a Texas non-profit corporation
604 W. Fairmont Parkway, La Porte, TX 77571
APB PROPERTIES, LLC
a Texas limited liability company
811 Bradford #1A, Kemah, TX 77565
Ten and No/100 Dollars ($10.00) cash
and other good and valuable considerations
Property (including any improvements):
Tract 1:
Lots 20 and 21, in Block 52, of TOWN OF LA PORTE, an
addition in Harris County, Texas, according to the map or
plat thereof recorded in Volume 57, Page 320 of the Deed
Records of Harris County, Texas, SAVE LESS AND EXCEPT
that portion of the above said lots (if any) and the
interest therein, deeded to or condemned by governmental
entities for the widening of West Main Street or for
right of way purposes, and further described in
instrument recorded in Volume 4569, Page 499 of the Deed
Records of Harris County, Texas.
Tract 2:
Being a 0.241 acre tract or parcel of land situated in
the Johnson Hunter Survey, Abstract No. 35, Harris
County, Texas, and being all of Lots 7, 8 and 9 in Block
52 of the Resubdivision of Blocks 37 to 60 of the Town of
La Porte, a subdivision according to the map or plat
thereof recorded in Volume 67, Page 196 of the Deed
Records of Harris County, Texas, more particularly
described by metes and bounds on Exhibit "Al' attached
hereto, incorporated by reference herein, and made a part
hereof for all purposes, and as shown on a plat which is
attached hereto as Exhibit "B", incorporated by reference
herein, and made a part hereof for all purposes.
ccp vc .
JUN 2 12012
SUBJECT TO:
1) The Zoning Ordinance of the City of La Porte.
2) Protrusion of covered concrete over the boundary line
along the south property line of Tract 2 as evidenced by
survey dated October 21, 2011, prepared by James R.
McClelland, Registered Professional Land Surveyor No.
4980.
3) Protrusion of asphalt over and along the boundary
line along the west property line of Tract 2 as evidenced
by survey dated October 21, 2011, prepared by James R.
McClelland, Registered Professional Land Surveyor No.
4980.
4) That certain Restriction Agreement dated May 15,
2012, by and between the City of La Porte, a municipal
corporation, and K. Belle Interests, LLC, a Texas limited
liability company; thereafter assigned by K. Belle
Interests, LLC, to APB Properties, LLC, as recorded under
Harris County Clerk's File No.
THIS PROPERTY IS HEREBY CONVEYED "AS IS", "WHERE IS" AND WITH ALL
FAULTS AND GRANTOR MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER
WHETHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE
PROPERTY, THE AVAILABILITY OF UTILITIES, ACCESS OF THE PROPERTY TO
PUBLIC ROADS, APPLIANCES OR THE CONDITION, ADEQUACY OR SUITABILITY
OF THE PROPERTY FOR PURPOSES. GRANTEE AGREES THAT GRANTEE IS NOT
RELYING ON ANY WARRANTY OR REPRESENTATIONS OF GRANTOR OR ANY AGENT,
EMPLOYEE, REPRESENTATIVE, DIRECTOR OR OFFICER OF GRANTOR, AND THAT
GRANTEE IS BUYING THE PROPERTY "AS IS", "WHERE IS", SUBJECT TO ALL
FAULTS AND WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO, MATERIALS, WORKMANSHIP, GOOD AND
WORKMANLIKE CONSTRUCTION, DESIGN, CONDITION, HABITABILITY,
TENANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR
THE ENVIRONMENTAL CONDITION OF THE PROPERTY AND THE PRESENCE OF OR
CONTAMINATION BY HAZARDOUS MATERIALS AND GRANTOR HEREBY DISCLAIMS
ANY SUCH WARRANTY. GRANTEE HAS DETERMINED ON GRANTEE'S BEHALF (I)
THE PHYSICAL CONDITION OF THE PROPERTY AND THAT THERE IS NO DEFECT
OR CONDITION WHICH IS UNACCEPTABLE TO GRANTEE, (II) WHETHER ANY
PORTION OF THE PROPERTY LIES IN ANY FLOOD PLAIN, FLOOD WAY OR
SPECIAL FLOOD HAZARD AREA, (III) WHETHER ANY GEOLOGICAL FAULT OR
UNSATISFACTORY SOIL CONDITION EXISTS ON ANY PORTION OF THE
PROPERTY, AND (IV) THAT ALL ENVIRONMENTAL CONDITIONS RELATING TO
THE PROPERTY ARE ACCEPTABLE TO GRANTEE. GRANTEE ACKNOWLEDGES THAT
GRANTOR MAY HAVE ACQUIRED TITLE TO THE PROPERTY BY FORECLOSURE,
DEED IN LIEU THEREOF OR OTHER REALIZATION OF ITS LIEN OR SECURITY
INTEREST IN THE PROPERTY. GRANTEE FURTHER ACKNOWLEDGES THAT
GRANTOR HAS NOT OCCUPIED THE PROPERTY AND THEREFORE, THE PROPERTY
MAY CONTAIN DEFECTS OR MAY BE IN NEED OF REPAIR.
Pi
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.
Grantor for the consideration 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'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, by, through, or under Grantor
but not otherwise, except as to the reservations from and
exceptions to conveyance and warranty.
CITY OF LA PORTE
DEVELOPMENT CORPORATION
By --
RICHARD WARREN, President
:eVWFJORks
Secretary U 0
APPP/RQV�D AS To FORM: f
KNOX W. ASKINS
City Attorney
STATE OF TEXAS §
COUNTY OF HARRIS §
T This instrument was acknowledged before me on theL day of
y u n L 2012, by RICHARD WARREN, President of the CITY OF LA
PORTE DEVELOPMENT CORPORATION, a Texas non-profit corporation, on
behalf of the corporation..
J14 tv Im-
WWONMARRIS Notary Public, State of Texas
My cwnww m Ey n
Sepbmba 12,2013
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C. ASKINS & ASKINS, P.C.
P.O. Box 1212 P.O. Box 1218
La Porte, TX 77572-1218 La Porte, TX 77572-1218
C3
F.a ) NOTE DESCRIPTION
TRACT 2
0241 ACRE
Being a 0241 acre tract or parcel of land situated in the 3obmon Hunter Survey, Abstract No. 35,
Harris County, Texas, and being all of Lots 7, S, and 9 in Block 52'of the Resubdivision of
Blocks 37 to 60 of the Town of Laporte, a subdivision according to the map or plat thereof
recorded in Volume 67 Page 196 of the Deed Records of Harris County, Texas, said 0.241' acre
tract being more particularly described by metes and bounds as follows;
BEGINNING at a "x" set in concrete on the existing east line of State highway 146, 300' RO-
W and the west lime of said Block 52 for the southwest comer of said Lot 9, from which a found
`'e bears S 14"06'24" E a distance of 1.81 feet,
THENCE N 03°04'21" W, along the west line of said Block 52 and the east line of State
Highway 146, a distance of 84.00 feet, to a 12" iron rod with plastic cap stamped "RPLS 4980"
set for the northwest comer of said at 7 and the northwest comer of the herein described tract,
firm which a found'/" iron rod beau S W50' l5" W a distance of 1.77 feet;
THENCE N 8655'39" E, along the north line of said Lot 7, a distance of 125.00 feet to a 12"
iron rod with plastic cap stamped "RPLS 4980" set for the northeast comer of said Lot 7 and the
northeast comer of the herein described tract, from which a found VT iron with cap stamped
"Survey 1" bears S 49"41'21" W a distance of 035 feet;
THENCE S 03"04'231" E, along the west line of a 16 feet wide alley, a distance of 84.00 feet, to
a 12" iron rod with plastic cap stamped "RPLS 4980" set for the southeast comer of said Lot 9
and the southeast comer of the heroin described pact, from which a found %" iron rod with cap
stamped "Survey 1" bears S 45004'46" E a distance of 0.25 feet;
THENCE S 86-55'39" W, along the south line of said Lot 9 and the north line of a 16 feet wide
alley, a distance of 125.00 feet, to the POINT OF BEGINNING, containing a calculated area of
0241 acre of land.
NOTE: This field note description is part of the plat of same date. The bearings shown hereon
are referenced to State Plane Coordinate System, South Central Zone, NAD 83.
McClellan
Z.S. N0.4980
10-21-2011
Exhibit "All