HomeMy WebLinkAboutO-2022-3888 authorizing the sale of City-owned surplus real property, near the corner of 17th Street and West main StreetORDINANCE NO.2022-3888
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DECLARING CERTAIN
REAL PROPERTY LOCATED NEAR THE CORNER OF 1711 STREET AND WEST
MAIN STREET AND LEGALLY DESCRIBED AS A TRACT OR PARCEL OF LAND
OUT OF LOTS 4 AND 5, BLOCK 726, TOWNSITE OF LA PORTE, HARRIS COUNTY,
TEXAS, AS SURPLUS PROPERTY THAT IS NOT INDEPENDENTLY DEVELOPABLE;
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS
NECESSARY TO ACCOMPLISH THE SALE OF SAID REAL PROPERTY IN
ACCORDANCE WITH STATE LAW, TO THE ABUTTING PROPERTY OWNER;
FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the City of La Porte, Texas, is the owner of real property located near the
corner of 17"' Street and West Main Street and legally described as a tract or parcel of land out of
Lots 4 and 5, Block 726, Townsite of La Porte, as recorded in Volume 58, Page 462, Deed Records
of Harris County, Texas, (the "Property" herein), and which Property has been determined to be
surplus property of no economic or public benefit to the City; and
WHEREAS, the Property is presently zoned Business Industrial (BI), but due to irregular
shape and small size cannot be independently developed under current zoning and property
development regulations of the City;
WHEREAS, the owner of real property adjacent to and abutting the Property has offered
to purchase the Property from the City; and
WHEREAS, Texas Local Government Code Sec. 272.001(b)(1) states that notice and
bidding requirements for the sale or exchange of real property owned by a municipality do not
apply in the case of "narrow strips of land, or land that because of its shape, lack of access to public
roads, or small area cannot be used independently under its current zoning or under applicable
subdivision or other development control ordinances"; and
WHEREAS, Texas Local Government Code Sec. 272.001(b) provides that a political
subdivision must receive fair market value as determined by an appraisal obtained by the political
subdivision in cases where real property is conveyed or sold under a qualifying exception to notice
and bidding contained in Sec. 272.001(b), unless the conveyance or sale "is with one or more
abutting property owners who own the underlying fee simple"; and
WHEREAS, the City Council desires to sell the Property to the current owner of 116 S.
17`h Street, La Porte, Texas, which location abuts the Property, for a purchase price of no less than
$8,000.00;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
Section 1. That the facts and recitations set forth in the preamble of this ordinance are
true and correct.
Section 2. The Property is determined to be 1) surplus property of no economic or
public benefit to the public and 2) of irregular shape and small size relative to other lots in the
same subdivision the Property and that as a result cannot be independently developed under current
zoning and property development regulations of the City.
Section 3. The City Manager is hereby authorized to execute any and all documents
necessary to accomplish the sale of the Property, and legally described as tract or parcel of land
out of Lots 4 and 5, Block 726, Townsite of La Porte, as recorded in Volume 58, Page 462, Deed
Records of Harris County, Texas, to Parker Joffrion, the current owner of abutting property located
at 116 S. 17`' Street, La Porte, Texas, for a price of no less than $8000.00.
Section 4. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council is
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 Chapter 551, Tx. Gov't 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 5. This Ordinance shall take effect and be in force from and after its passage and
approval.
S rn o..
PASSED AND APPROVED this the 13 day of-I-A-1-2022
CITY OF LA PORTE, TEXAS
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APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney
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the undersigned authority, do hereby certify the attached
document is a true and correct copy of th►e
original Ordinance 2022-3888 passed and approved by
the City Council of La Porte and kept b the Cit
Secret
(city seor—'T'i POO�,-4%
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fhe, City of La Porte,
D Vited--
A. Settlement Statement OMB No.2502-0265
B.Type of Loan
1. ❑ FHA 2. O FmHA 3. 0 Conv Unins 6.File Number 7.Loan Number R.Mortgage Ins Case Number
4. ❑VA 5. 0 Conv Ins. 6. 0 Seller Finance FX2200835
7. 0 Cash Sale.
C.Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked
o.c)"were paid outside the closing;they are shown here for informational purposes and are not included in the totals.
D.Name&Address of Borrower E.Name&Address of Seller F.Name&Address of Lender
Parker Joffrion,Manager/Organizer of Joffrion Corby Alexander,City Manager of City of La
Holdings,LLC Porte,Harris County,Texas
G.Property Location H.Settlement Agent Name
South Land Title,LLC
La Porte,Block 726,Lot 4&5,Harris County,TX 6710 Stewart Road
0 N 18th St Suite 200
La Porte,TX 77571 Galveston,TX 77551 Tax ID:27-1152905
Underwritten By:Texan Title Insurance Company
Place of Settlement I.Settlement Date
South Land Title,LLC 10/7/2022
7730 Spencer Highway,Suite 200 Fund:10/10/2022
Pasadena,TX 77505
J.Summary of Borrower's Transaction K.Summary of Seller's Transaction
100.Gross Amount Due from Borrower 400.Gross Amount Due to Seller
101. Contract Sales Price $8,000.00 401. Contract Sales Price $8,000.00
102. Personal Property 402. Personal Property
103. Settlement Charges to borrower $1,462.88 403.
104, 404.
105. 405.
Adjustments for items paid by seller In advance Adjustments for Items paid by seller In advance
106. City property taxes 406. City property taxes
107. County property taxes 407. County property taxes
108. HOA 408. HOA
109. School property taxes 409. School property taxes
110. MUD Taxes 410. MUD Taxes
I l 1. Flood Insurance 411. Flood Insurance
112. 412.
113. 413.
114, 414.
115. 415.
116. 416.
120.Gross Amount Due From Borrower $9.462.88 420. Gross Amount Due to Seller $8,000.00
200.Amounts Paid By Or in Behalf Of Borrower 500.Reductions in Amount Due to Seller
201. Deposit or earnest money $2,500.00 501. Excess Deposit
202. Principal amount of new loan(s) 502. Settlement Charges to Seller(line 1400) $701.19
203. Existing loon(s)taken subject to 503. Existing Loan(s)Taken Subject to
204. Loan Amount 2nd Lien 504. Payoff of first mortgage loan to
205. 505. Payoff of second mortgage loan to
206. 506.
207, 507.
208. 508.
209. 509.
Adjustments for items unpaid by seller Adjustments for items unpaid by seller
210. City property taxes 510. City property taxes
211. County property taxes 511. County property taxes
212. HOA 512, HOA
213. School property taxes 513. School property taxes
214. MUD Taxes 514. MUD Taxes
215. Flood Insurance 515. Flood Insurance
216. 516.
217. 517.
218. 518.
219. 519.
220.Total Paid By/For Borrower $2,500.00 520.Total Reduction Amount Due Seller $701.19
300.Cash At Settlement From/To Borrower 600.Cash At Settlement To/From Seller
301.Gross Amount due from borrower(line 120) $9,462.88 601.Gross Amount due to seller(line 420) $8,000.00
302.Less amounts paid by/for borrower(line 220) $2,500.00 602.Less reductions in amt.due seller(fine 520) $701.19
303.Cash From Borrower $6,962.88 603.Cash To Seller $7,298.81
Previous Editions are Obsolete Page I
Idle N u.FX2200875
L. Settlement Charges
700, Total SalesfBr-obeys Cons isvron hosed on price 98,000.1111 (iy%. 10A( Paid[rem Paid From
Division oil omnrission(line 7)111)as lollevws:....�...� Follower's Seller's
701, to Funds at Funds at
702. to Settlement Settlement
703. Commission Paid at Settleirienf 50.00 561.00
704. The Iollowino parties,persons.urns or to
7115. carpor Lions Ions iace6ves1 to portion at to
706x. the real estate conunis'sion stupwn,those. So
000. Items Payable in Connection with Loan
4(11 I 0).n5(l re, toots Fee
)(12. Loaru Discount % to
803. Apprsisnl Fee to
01)4 ('ucdit Report to
8115. 1,endcs s Inspection Fee to
0116. .'vtostr'e Insurance Applicuion to
807. rlssumptiara Fee to
NOR, Fl not ri I,ostit2ciution ice to
901). Items Required by 1 ender'I'sl Re Paid in Advance
90i. Interest error 10/10/2022 tc's 1 11121122 so SI)slay
9112 Vlo,tgran host,sore'Premium Ear nternths to
903 Iiaxard tnsatrattce t'ucununr for years to
904. Flood Insurance for se sr(s) to
905 0Vindstoun Insurance'for year(S) to
10011.Reserves Deposited\1 it Lender
10(11 I-Iazard insurance tnon(lus sn per nraauntlr
1110? ylorha note i istirance unonths ter:, pert,north
1003.City ttneperty laves mouths lso toes mouth..
1004.Cannily property taxes oicnuhs so per month
I(I(I$.11(',(A tnnullislr4 put month
1 000.School.property taxes months(so l per month
1007.VIUD'faxes months so per month
I11(I4.Flaord Insurance months so per moth
1 009. Other Taxes 0 months so
1011.Aagrettaie Adjustment
11)10. 'title Charges
1101,Settle rtent Gtr Closing foe to
1 102,Abstract en title search to
t 1.03.Title examination to
1104.'title insurance birder to
11(15 Document preparation to Doyle Law Flrrn,PLI.,C
1106.Notary fees to
1 107.Attorney's fees-Deed Review to Dover&Fox P.C.-I..egal 5125.00
(includes above items nnmheis;: 7
11(18.Title insurance to South I and'T"itle,.LLC 8328.00
(includes above'items numbers:. 7
1 1 O9. Lender's coverage 511.00/10.00
1110. I(wncis coverage 58,0)t11.00/1)377.20
(III Escrow lee to Dover&Fox I'.), "Title Fees 1495.011 8495.1)0
1112. Stutc II (colas Folic)•Guaranty Fee to, Texas Title Insua tntce Gum aoty S2.00 50A0
Association
1113. 64.71 h s',I-"Title Preniiuon to .Jimmy(n.Fox
1114 Tax certificates to Really'Iax Search,Inc. 581.19
I I l5. Title Premium splt 050u to South Land to
(Ills Title P,cmnirn split 15°„to
� Po
Ill C-Recording Fees to Dover&Fox P.C:Reermtlings 57,68
1110. "l'-I Survey Amend(1)TP on(y) to South Land't lle,I.LC', $49,20
12011. Grsvern ient Recording and'fransC'cr Charges
1201 Rows di n I s's n acs)021 ao nl 9 N;c,Its i 055 826.00
12)12. Pity-county tax:'stamps Decd xa.nssg.c 0'
1203. Smte tax/stamps ((coot ;AIonaape ---ia� —.---�-�-
1244. Addninnal Res,oiduvg-City bfrdinance tot Drsvet&fix P.C. Recordings 1'311.00
1300. Additional Settlement Charges
1301 Survey tto Da Rant f;ngineers„Ine. X525.00
1302, Pest Inspection to
14130.Total Settlement(,barges(enter on lines 103,Section J and.51)2,Section 15) 51„462'.88 1701.19
I have eairel'ully onetewes)the Sell enrcut Statement anrt to the best of sty knowledge and heliel,if is a trite and accurate statement o(rall receipts and disbursements
troade on my account or by'me in this transaction I further certify that I have received a carmpleted copy of ails Settleineut Statement.
Page 2
File No l*N2 IDsas
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SF;1TC.t.'vII NT AC CN"I"CERTIFICATION
The Sealemenk Slatcmcnl which I have piepared is a true and accurate
recount nFthis ii au acliaiu. I have caused the funds to he dishursnd in
accoldant;e With this 5Catct)mIt.
Sell he wit rls�wrl ;'I It lIe
Cievrna:a Ldtti rns arc I)bsoleoc Made 3
SELLER ADDRESS FORM
G#: FX2200835
NAME Corby Alexander, City Manager of City of La Porte, Harris
County, Texas
ADDRESS : �
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WORK PHONE
WORK PHONE
CELL PHONE 41S≤ re .._._......._._m
CELL PHONE
EMAIL ADDRESS / ? r r° " a ,s
EMAIL ADDRESS
AFFIDAVIT ,AS TC) DEBTS, LIENS, POSSESSION AND TAXES
(for Sales Only)
C F# FX2200835
SUBJECT PROPERTY:
ADDRESS: 0 N 18th St, La Porte, TX 77571.
LEGAL DESC,RIPTION:
Ali that certain 0.1349 acre tract of land out of and a part of Lots Four (4) and Five (5), in Block Seven
Hundred Twenty-Six (726), of Townsite of La Porte, a subdivision in Harris County, Texas, according to the
map or plat thereof recorded in Volume 56, Page 462 of the Deed Records of Harris County, Texas, said
0,1349 acre tract of land being Lots 4 and 5, Block 726: SAVE AND EXCEPT a 7.50 foot strip of land off of
the North side of Lots 4 and 5, Block 726, as recorded under Harris County Clerk's File No. D-252223:,
furthermore, said 0.1349 acre tract being more particularly described by metes and bounds on Exhibit"A"
attached hereto.
BEFORE ME, the undersigned authority, on this day personally appeared.
Corby Alexander, City Manager of City of La Porte, Harris County,Texas, Personally known to
me to be the person (s) whose name is (are) subscribed hereto and upon his/ her/their oath
deposes and says:
The undersigned represent (s) to South Land Title, LLC, hereinafter the company, to his/ her
/their best knowledge that,
1. Except as noted below,there are no parties occupying, renting, leasing, residing or
possessing the subject property or any portion thereof, nor is the undersigned aware of
any parties claiming title to the subject property or any portion thereof by reason of
adverse possession, except:
2. No unpaid debts for plumbing fixtures, water heaters, swimming pool, furnaces, air
conditioners, radio or television antenna, carpeting, rugs,
lawn, sprinkling systems,, Venetian blinds, window shades, draperies, electric
appliances, fences, street paving assessments, and or any personal property or fixtures
that are located on the subject property described above, and that no such items have
been purchased on time payment contracts, and there are no security interests on such
property secured by financing statements, security agreements, or otherwise except
the following:
Secured. Party_.__....__ �
Approximate Amount:
3. No Mortgage liens of any kind against such property except the following:
Secured Party ._.._.. ... „.
Approximate Amount_
IT IS UNDERSTOOD BY THE UNDERSIGNED THAT THE PAYOFF AMOUNT
(S)ON LOANS LISTED ABOVE IS/ARE IN ACCORDANCE WITH
STATEMENTS GIVEN BY THE LENDING INSTITUTIONS AND SHOULD THE
NOTE HOLDER REQUIRE ANY ADDITIONAL AMOUNT IN ORDER TO
RELEASE SAID INDEBTEDNESS THE UNDERSIGNED AGREES TO PAY THE
ADDITIONAL AMOUNT AND HOLD THE COMPANY AND ITS
UNDERWRITER HARMLESS FROM SUCH ADDITIONAL AMOUNT AND
ANY OTHER LIEN INCLUDING AD VALOREM TAXES NOT SPECIFICALLY
REFERENCED ABOVE.
That affiant owes no past due Federal or State taxes and that there are no delinquent
Federal assessments presently existing against Affiant,and that no Federal or State
Liens have been filed against Affiant. There are no Involuntary liens,federal tax liens,
oil and gas liens and or home equity line of credit loans outstanding against said
property or sellers.
There are no delinquent State,County, City, School District,Water District or other
governmental agency or homeowners association taxes or assessment of any kind due
or owing against said property and that no tax suit has been filed by any State,
County, City, School District, Water District or other governmental agency for taxes
levied against said property.
There are no liens of any kind or character or claims for paving outstanding against
the property, and we have signed no petitions for the paving of the street or alley
adjoining this property and know of no petitions being circulated for payment.
All labor and material used in the construction of improvements, if any,on the above
described property have been paid for. There are now no unpaid labor or material
claims against the improvements or repairs, if any,or the property upon which same
are situated, and the undersigned hereby declares that all sums of money due for the
erection of improvements, or repairs if any, have been fully paid and satisfied,and
there are no Mechanic's Liens or Materialmen's Liens against the hereinabove
property.
There are no proceedings in bankruptcy or receivership that have been instituted by,
or against me/us, and Uwe have never made an assignment for the benefit of
Creditors.
Further,the undersigned has claimed no exemptions relating to ad valorem taxes to
which he/she/they/it are not entitled.
The undersigned realizes that these representations are made to include the Company
and its Underwriter to insure the title to subject property and tenants.
I/WE FURTHER STATE:
This affidavit is made to South Land ,title, LLC and Texan Title Insurance Company as an
inducement to them to complete this transaction, and 1/We realize that South Land Title, LLC and.
Texan Title Insurance Company are relying upon the representations contained herein; and the
undersigned does hereby swear under the penalties of perjury that the foregoing information is true and
correct in all respects. I/We further covenant and agree with South Land Title, LLC and Texan Title
Insurance Company forever fully to protect, defend and save harmless South Land Title, LLC and
Texan Title Insurance Company from and against all loss, costs, damages, and attorneys' fees and
expenses of every kind and nature which it may suffer, expend or incur under or by reason, or in
consequence of reliance upon the representations herein.
EXECUTED this IIid w.,, day of October 2022.
SELLER'S SIGNATURE(S):
The City of La Porte„ I ar s County.Texas
/L
cnby A exaander,City anaager
STATE OF TEAS
COUNTY OF Harris
SWORN TO, SUBSCRIBED AND ACKNOWLEDGED BEFORE ME, l Y Corby Alexander,
City Manager of City of La.Porte, Harris County, Texas,on F- day of October 2022.
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My Commission expires:
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SOUTH LAND TITLE,LLC
Title Company Disclosure
CF#FX2200835
BUYER(S): Parker Joffrion,Manager/Organizer of Joffrion Holdings,
LLC
SELLER(S): Corby Alexander,City Manager of City of La Porte,Harris
County,Texas
LENDER:
PROPERTY ADDRESS: 0 N 18th St
La Porte,TX 77571
LEGAL DESCRIPTION:
All that certain 0.1349 acre tract of land out of and a part of Lots Four(4)and Five(5),
in Block Seven Hundred Twenty-Six(726),of Townsite of La Porte,a subdivision in
Harris County,Texas,according to the map or plat thereof recorded in Volume 58,Page
462 of the Deed Records of Harris County,Texas,said 0.1349 acre tract of land being
Lots 4 and 5,Block 726:SAVE AND EXCEPT a 7.50 foot strip of land off of the North
side of Lots 4 and 5,Block 726,as recorded under Harris County Clerk's File No.
D-252223:,furthermore,said 0.1349 acre tract being more particularly described by
metes and bounds on Exhibit"A"attached hereto.
By executing this Closing Affidavit, each SELLER and/or BUYER acknowledges their
understanding of the disclosures being made by SOUTH LAND TITLE, LLC, and affirms the
representations made by them to SOUTH LAND TITLE, LLC. Each disclosure and/or
representation may jointly benefit SOUTH LAND TITLE, LLC and its title insurance
underwriter-in-interest.
Please initial all appropriate paragraphs. Singular reference to"Seller" and"BUYER"includes
multiple individuals/entities identified above. Any numbered item not applying to this
transaction may be crossed out.
1. WAIVER OF.INSPECTIONS In consideration of the issuance by SOUTH LAND TITLE,LLC to
BUYER of an Owner Policy of Title Insurance insuring good and indefeasible title to the Property subject to
the policy's terms and conditions, BUYER hereby waives any obligation on the part of SOUTH LAND
TITLE, LLC to inspect the Property. BUYER agrees to accept an Owner Policy containing the standard
Schedule"B"exceptions. Additionally,exceptions will be taken to matters specific to this property as shown
on schedule B of the Title Commitment.:
Since SOUTH LAND TITLE,LLC examines only the record title and does not actually see the Property,
BUYER/BORROWER waives inspection of the property by SOUTH LAND TITLE,LLC and accepts the
policy subject to the"Rights of Parties in Possession". Within the meaning of this exception, "possession"
shall include open acts or visible evidence of occupancy and any visible and apparent roadway or easement on
or across all or any part of the property,but this exception does not extend teeny right, claim, or interest
evidenced by a document recorded in the Real Property Records of Harris County, Texas. Buyer/Borrower
agrees to be fully responsible for inspecting the Property to determine the rights of any party in possession and
assumes full responsibility for obtaining possession from its present occupants,if any. However,if you refuse
to accept an Owner Policy of Title Insurance containing an exception as to"rights of parties in possession",
SOUTH LAND TITLE,LLC may require an inspection of the Property and additional charges may be assessed
for the reasonable and actual costs of s an inspection: SOUTH LAND TITLE,LLC may make additional
exceptions to title which may be'. ' ,in said Owner Policy of Title Insurance for matters as revealed by
such inspection.
BUYER's Initials:"
2. RECEIPT OF COMMITMENT: BUYER acknowledges having received and reviewed a copy of the
preliminary Title Coirui ifin i lied in connection with the above referenced transaction and understands that
BUYER'S Owner Policy will contain the exceptions set forth in Schedule "B" of the Commitment,together
with any additional exceptions to title resulting from the documents involved in this transaction,any additional
exceptions to title resulting from search of public records, and any additional exceptions for items
shown on Schedule C of the Co'`'^"` ;' rllrrdnsurance which have not been resolved.
BUYER's Initials:.
3. SURVEY:
.ACCEPTANCE OF SURVEY: BUYER.has received and reviewed a copy of the survey of the
Property and acknowledges being aware of the following matters(if any) that will appear as
exceptions on the owners Policy issued to BUYER by SOUTH LAND TITLE, LLC.: Any
exceptions listed below are in addition to those matters listed in Schedule"B"of the Commitment
for Title Insurance,Schedule"C"of the Commitment for Title Insurance and/or those exceptions
described in paragraph 2 above.
BUYER acknowledges receipt of a copy of the survey and accepts the above described matters as
exceptions in the policy. BUYER AGREES TO INDEMNIFY AND HOLD HARMLESS
SOUTH LAND TYFLE, LLC AND/OR ITS UNDERWRITER AGAINST ALL COSTS,
DAMAGES,A`l i`tRN IS:FEES,EXPENSES AND LIABILITIES,WHICH MAY ARISE
IN CONNECTION: . TinEXCEPTIONS DETAILED ABOVE.
BUYER's initials,';
4. PROPERTY TAX PRORATIONS: Property taxes for the current year have been prorated between
BUYER and SELLER, who each'acknowledge and agree that these pro-rations are based either on tax
amounts for the preceding year,the sales price or estimates of the appraised value and/or estimated tax rates
for the current year, or some other common method of estimation. BUYER and SELLER each agree that,
when amounts of the current year's taxes become known and payable (on or about October 1"),they will
adjust any matters of re-proration and reimbursement between themselves and that SOUTH LAND TITLE,
LLC shall have no further liability or obligation with respect to these pro-rations. BUYER AND and
SELLER agree to indemnify and hold harmless SOUTH LAND TrrLE,LLC for all costs and/or damages
resulting from unpaid taxes,including,but not limited to court costs, and attorney's fees and all expenses
and liabilities related thereto.
SELLER warrants and represents that there are no past due taxes owed on the Property other than those
collected at alosutg and if such warranty and represgritation is untrue,the SELLER will reimburse SOUTH
LAND TITLE,L ;C,on demauti,:Tar an 3r paid 65+SouTtl LAND TITLE,LLC to pay••such taxes,and
any related penalty and interest SELLER sectogirize.F. theirrrsponsIbility for all taxes prior to the date of
closing the subject transaction. Should it develop at a later date, that taxes other than those collected at
closing are due for prior years,seller agrees to make full settlement to SOUTH LAND TITLE,LLC.
TAX EXEMPTIONS: SELLER and BUYER are aware that the above mentioned Property may have an
exemption status which has reduced the tax amounts owed on this Property for the last year. This exemption
status may include, but is not limited to,homestead exemptions, over sixty-five (65)exemptions,and/or
exemptions due to disability. SELLER and BUYER are further aware that SOUTH LAND TITLE,LLC has
prorated the tax amounts due at closing based on these exemptions,and using last year's tax assessments.
The Texas Property code provides the ability for the Tax Entities to remove these exemptions for the current
year if documentation is not provided to continue the exemptions and/or if information is given to remove the
exemptions due to lack of eligibility. By signing, SELLER and BUYER are authorizing SOUTH LAND
TITLE, LLC to prorate the tax amounts due on the above Property in accordance with the procedures as
outlined above,and agree to hold SOUTH LAND TITLE,LLC harmless from any changes in exemption status
which may result in an increase of taxes due for the current year. SELLER and BUYER further agree that
any changes resulting in additional.,jqjer due will be adjusted between purchaser and seller,without liability
on,or the involvement of•S41<2Tt --;LLC.
BUYER's Initials:; SELLER's Initials: 1
5. TAX RENDITION AND EXEMPTIONS: Although the HARRIS County Appraisal District may
independently determine BUYER's new ownership and billing address through deed record research,
BUYER is still obligated by law to"render"the Property for taxation,by notifying the HARRIS County
Appraisal District of the change in the Property's ownership and of BUYER's proper address for tax billing.
BUYER is advised that current year's taxes may have been assessed on the basis of various exemptions
obtained by the SELLER(e.g.,AG,homestead, over-65,etc).BUYER acknowledges that BUYER will
not benefit from the exemption claimed by SELLER for the current year or in the future. It is the
BUYER's responsibility to quality for BUYER's own tax exemptions and to meet any requirements
prescribed by the taxing authorities. BUYER acknowledges and understands these obligations and the
fact that SOUTH LAND TITLE,.. assumes no responsibility for future accuracy of the HARRIS
County Appraisal District?teco on Ming ownership,tax-billing address,or status of exemptions.
BUYER's Initials:
6. DISBURSEMENT AUTHORIZATION BUYER AND SELLER hereby authorize SOUTH LAND TITLE,
•LI,C to make expenditures and disbursements as shown on the closing statement and approves same for
payment. The BUYER acknowledges the receipt of loan funds, if applicable, in an amount shown on the
closing statement. SOUTH LAND TrrLE,LLC may supply a copy of this Statement to any real estate agent
or lender involved in this t ansacii ' and•BUYER and SELLER acknowledge receipt of a copy of the
Statement.
BUYER's'Initistxs SELLER's1nitiafe.( r
7. NO DISGUISED MORTGAGE: SELLER and BUYER hereby acknowledge that the sale and purchase of
the Property is a true arms-length transaction,and there is no agreement or understanding whatsoever that
the Property will be re ttansfe red Seller at a future date.This transaction in no way may be construed as
a"Loan of money".
BUYER's Initials: SELLER's Initials:
S. CLOSING DISCLAIMER: SELLER and BUYER each acknowledge and understand that the above
referenced transaction has not yet"closed". Prior to closing,any change in possession of the Property shall
be at the sole risk of SELLER and BUYER. In the event BUYER taken possession of the Property prior to
closing,SELLER and BUYER hereby release SOUTH LAND TITLE,LLC of any liability that may occur
by reason of delay or failure of the lender to fund the loan. Such release includes,but is not limited to,any
loss resulting from the BUYER failing to have or obtain insurance coverage on, or legal title to, the
Property.
THIS TRANSACTION IS NOT "CLOSED" UNTIL: 1) all title requirements are completed to the
satisfaction of SOUTH LAND TITLE,LLC;2) all necessary documents are properly executed,reviewed,
and accepted by the parties to this transaction and by SOUTH LAND TITLE,LLC ;and 3) all funds are
received by South Land Title,> , °"South Land Title,LLC is in a position to disburse such funds to the
parties to whom they are due
BUYER's Initials: SELLER's Initials:__%
9. ERRORS AND OMISSIONS: In the event that any of the documents prepared in connection with the
closing:of this transaction contain errors which misstate or inaccurately reflect the true and correct terms,
conditions and provisions of this closing,and the inaccuracy or misstatement is due to a clerical error or to a
unilateral mistake on the part of SOUTH LAND TITLE,LLC, or to a mutual mistake on the part of SOUTH
LAND TrrLE,LLC and/or the SELLER and/or the BUYER,the undersigned agree to execute,in a timely
manner,such correction doctiznenta as,SOUTH LAND TITLE,LLC may deem necessary to remedy such
inaccuracy or misstatement.
BUYER's Initials: SELLER's Initials:
10, ATTORNEY REPRESENTATION AND NOTICE: BUYER may wish to consult an attorney to discuss
the matters shown on Schedules"B"or"C"of the Commitment for Title Insurance that was issued in
connection with this transaction. These matters will affect the Title and use of the Property.The Title
Insurance Policy will be a legal contract between BUYER and the Underwriter.Neither the Commitment for
Title Insurance nor the Title Insurance Policy are abstracts of title,title reports or representations of title.
They are contracts of indemnity. No representation is made that your intended use of the Property is allowed
under law or under the restnotins ceptions affecting the Property
BUYER's Initials SELLER's Initials: . ...-�
11. NON-RESIDENT ALIEN:Seller is not a non-resident alien for purposes of United States Income Taxation.
SELLER's Initials:
12. ELECTRONIC COMMUNICATIONS: SELLER and BUYER each acknowledge and understand that
SOUTH LAND TITLE, LLC may send SELLER and BUYER communications by email or other
electronic means,and SELLER and BUYER confirm that SELLER and BUYER have the means to access,
print and download such eomm,, I ins,,
BUYER's Initials SELLER's Initials: :-
13. INDEMNITY: SELLER AND BUYER HEREBY ACKNOWLEDGE THAT THEY HAVE EXECUTED
THIS AFFIDAVIT WILLINGLY AND OF THEIR OWN FREE VOLITION,AND HEREBY AGREE TO
INDEMNIFY, DEFEND AND HOLD HARMLESS SOUTH LAND TITLE, LLC ITS TITLE
INSURANCE UNDERWRITER, FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, COST,
EXPENSE, CLAIM, ACTION OR CAUSE OF ACTION ARISING OUT OF, OR IN ANY WAY
CONNECTED WITH,THE DIM SAND REPRESENTATIONS CONTAINED HEREIN.,
BUYER'S Initials: SELLER's Initials:
EXECUTED this );I day of October 2022.
SELLER'S SIGNATURE(S): BUYER'S SIGNATURE(S):
Joffrion 1o1dings,LLC
The City of La Porte,Harris County_Texas Efby i xaridet,City ltita Parker offrion,to[ana /
THE STATE OF TEXAS §
COUNTY OF Harris §
:SWORN TO,SUBSCRIBED AND ACKNOWLEDGED BEFOfi. ME BY Corby
Alexander,City,Manager of City of La Porte,Harris County,Texas,on day of
October 2022.
• � a ��.ldt}tet�publle Sta#e oaf Texas . :-
�'�� � tVatarY iD 4027tk Irk�'Lt" `i - -
�� NOTARY PUBLIC STATE OF"TE :
THE STATE OF TEXAS §
COUNTY OF Harris §
SWORN TO,SUBSCRIBED AND ACKNOWLEDGED BEFORE ME,BY Parker
Joffrion,Manager/Organizer of Joffrion Holdings,LLC,on day of October 2022.
NAT.MEDLEY NOTARY PUBLIC STATE OF TE S
Notary Public,State of Texas
/ Commission Expires 07-20-2024
' , Notary ID 1040270-t3.
{ri)-
WEST MAIN STREET
SCALE: 1'"=307'
Z.5n'n Harris 0000(H,(.C.F.Nn.1123222) 7.5(1,01 dale rounry(H.r�..C.1 No n23411 lo H :f Couooy(H.C.C.F.N'.o.1)4Fi2721)
0,0241A t H,vrl Cooney
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o 0of-La I'000Oo A l a
S I t b Vile pl, I LU
III( 1 tit 012)121 t. >
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eaa '050 s.ao x5.00' as.na
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ry `Ia � r.—✓ r �;a—-
" BARRY'D°�ADK;INS } WEST Cn ll 5 f RLLT
.� ...e61137<,.e e•. I10000.00
<43° ..s i ee ray
Notes
Basis lobearings:Record plaI. LEGEND;
Distances sh awn are ground distances. U.E.=Utility Easement „ ......-.=Wood Fence
All abstracting done by title campally. D.E.=Drainage Easement ..... Chain Fink
All B.L.'s&U.E.'s taken from recorded plat unless otherwise notad. B.L.=Building Linn .-Barbced Uwe
Dimension ties from improvements to property lines are calculated and should NOT be C.M.=Control Monument _Baud Iron
relied upon for Construction and/or removal of any improvements including fences. I.R.=Iron Rod =Wrought le
BU silt ag dimensions may not be used to calculate square footage. LP._Iron Pipe
This property subject to any and all recorded and unrecorded easements.Surveyor H.C.C.F.No.=Harris County Clerk's File Number
has made no investigation or independent search for easements of record, H.C.M,R. Harris County Map Record
encumbrances,restrictive covenants or ownership title evidence.
This grope rd
our
thia i to ea nut of tha151 n( year flood plain
am EI1LIrlouty„ Inc. ��o�,�xa,ndlutrat rl4ear 201C0945M,daeha7Udx):
sur,ancu rate map 46201O0945 M.daCed iFa _._...._-.—.._ 09/(3/2022 alro6rzo�7
determination to be used for flood ins our anr.r„.r;';rto
6)orry 7. Adkins, td.IH.L.S. No. 61317 purposes ONLY and iS NC)T to be relied upon for ANY other
Thi5> y r:ertiiied Ior ihla t0,1 1SaC6ou cii 001,1 er SI ro,orthi,00iul.annona cur purpose.Surveyor makes no representation as I whether
sl,+b3ery uLnt awoe rs.If this survey 0100,.not hear an orlglnai BLUE seat it is Invalid,or should property may Flood.
lot be rmIi rd Up0rl for any purposb.
LOTSI CLOCK: SUCOIN9CN:
4&5;Save&ExcepC H C.C.F.No.D252223 726 TOWNSITE OF LA PORTE
RECCRCATIM. CourraY:
VOLUME 58,PAGE 462 OF THE DEED RECORDS HARRIS
AOORES°'w CIN: STATE. 21P COOP.
WEST MAIN STREET LA PORTE TEXAS 77571
11TIJE CCb.IWANY: C.F./
� —— — PRCPOSEO IR5UnRY:
SOUTH LAND TITLE,LLC FX2200835 JOFFRION HOLDINGS,LLC•
?� (l am ? Engineer's, i'nc.
11000 Rlchrn504 Avenue,Suite 300 F lb it w'•In
O t y lrn:A.10194192 tin11,ten Ti x')s.77042 oratttr:TA
Ftlh crlr,g rim u:r-95x3 1713)`526.1552'Enfirl. Info@dararn.00m 01,11111 5112279511-N iB;i:Li"e99Y7PG
Certification ion of Public Record
I, the undersigned authority, do hereby certify the attached
document is a true and correct copy of the
original Ordinance 2022-3888 passed and approved by
the City Council of La Porte and kept by the City
Secret 's Office of City of La Porte, Texas.
(' Y Le Cit of La c r ,,..T xas C to ood+ atlr S �retpr '
(City 5w, PO 11
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ORDINANCE NO.2022-3888
AN ORDINANCE OF THE CITY OF LA PORTS, TEXAS, DECLARING CERTAIN
REAL PROPERTY LOCATED NEAR THE CORNER OF 17th STREET AND WEST
MAIN STREET AND LEGALLY DESCRIBED AS A TRACT OR PARCEL OF LAND
OUT OF LOTS 4 AND 5,BLOCK 726,TOWNSITE OF LA PORTE,HARRIS COUNTY,
TEXAS,AS SURPLUS PROPERTY THAT IS NOT INDEPENDENTLY DEVELOPABLE;
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS
NECESSARY TO ACCOMPLISH THE SALE OF SAID REAL PROPERTY IN
ACCORDANCE WITH STATE LAW, TO THE ABUTTING PROPERTY OWNER;
FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the City of La Porte, Texas, is the owner of real property located near the
corner of 17`h Street and West Main Street and legally described as a tract or parcel of land out of
Lots 4 and 5,Block 726,Townsite of La Porte,as recorded in Volume 58,Page 462,Deed Records
of Harris County, Texas, (the "Property"herein), and which Property has been determined to be
surplus property of no economic or public benefit to the City;and
WHEREAS,the Property is presently zoned Business Industrial (BI), but due to irregular
shape and small size cannot be independently developed under current zoning and property
development regulations of the City;
WHEREAS, the owner of real property adjacent to and abutting the Property has offered
to purchase the Property from the City;and
WHEREAS, Texas Local Government Code Sec. 272.001(b)(1) states that notice and
bidding requirements for the sale or exchange of real property owned by a municipality do not
apply in the case of"narrow strips of land,or land that because of its shape,lack of access to public
roads, or small area cannot be used independently under its current zoning or under applicable
subdivision or other development control ordinances"; and
WHEREAS, Texas Local Government Code Sec. 272.001(b) provides that a political
subdivision must receive fair market value as determined by an appraisal obtained by the political
subdivision in cases where real property is conveyed or sold under a qualifying exception to notice
and bidding contained in Sec. 272.001(b), unless the conveyance or sale "is with one or more
abutting property owners who own the underlying fee simple";and
WHEREAS, the City Council desires to sell the Property to the current owner of 116 S.
17(h Street,La Porte,Texas,which location abuts the Property,for a purchase price of no less than
$8,000.00;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE,TEXAS:
Section 1. That the facts and recitations set forth in the preamble of this ordinance are
true and correct.
Section 2. The Property is determined to be 1) surplus property of no economic or
public benefit to the public and 2) of irregular shape and small size relative to other lots in the
same subdivision the Property and that as a result cannot be independently developed under current
zoning and property development regulations of the City.
Section 3. ":lhe City Manager is hereby authorized to execute any and all documents
necessary to accomplish the sale of the Property, and legally described as tract or parcel of land
out of Lois 4 and 5, Block 726, Townsite of La Porte, as recorded in Volume 58, Page 462, Deed
Records of l.larris County,Texas, to Parker Joffrion, the current owner of abutting property located
at 116 S. 17a Street, La Porte, Texas, for a price of no less than $8000.00.
Section 4. "l'"he City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and sulat}ect of this meeting of the City Council is
posted at a place convenient to the public at the City 1-fall of the city -for the time required by law
preceding this meeting, as required by Chapter 551, "l"x. Gov't 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
mutter thereof has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof:
Section 5. This Ordinance shall take effect and be in force from and after its passage and.
approval.
PASSED AND APPROVED this the ,. day of M72022
CITY OF I A PORTE, TEXAS
l:By:_ 1
Rigby,&l or
fl (
P1" t a arf' w+,
,e "�'uooclwaarel, C " ' sec, aarr va
APPROVED AS TO FORM
Clark"l'. ,skins, Assistant City Attorney
tia a v vw ua wnFeT h_ a+uavmrauutT aadv ueveW.cavnma:ry
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GENERAL 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: October I ) , 2022
Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation.
Mailing Address: 604 West Fairmont Parkway, La Porte, Texas 77571
Grantee: JOFFRION HOLDINGS, L.L.C.
Mailing Address: 605 Park Lane, Friendswood, Texas 77546-3565
Consideration: Ten and NO/100 Dollars ($10.00) cash and other good and valuable
consideration
Conveyance: Grantor gives and conveys, with full intention, all of Grantor's right, title
and interest in and to the following described property,unto Grantee:
A tract or parcel of land out of Lots Four(4) and Five (5), Block Seven Hundred Twenty-
six (726), of Townsite of La Porte, a subdivision in Harris County, Texas, according to
the map or plat thereof recorded in Volume 58, Page 462 of the Deed Records of Harris
County, Texas, described by metes and bounds on Exhibit"A" attached hereto.
Reservations from and Exception to Conveyance and Warranty: 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,except as to the reservations from and exceptions to conveyance and warranty.
CITY O1:" LA 1PORTE, TEXAS
By:
r x ...
CI(BS ALEu`E1)E
City Manager
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the / 1 day of October 2022} by COIZ13Y
ALEXANDER, City Manager of the City of La Porte, Texas,, a municipal corporations.
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EXHIBIT "A "
ALL THAT CERTAIN 0.1349 ACRE TRACT OF LAND OUT OF AND PART OF LOTS 4 AND 5, BLOCK 726, TOWNSITE OF LA
PORTE, AS RECORDED IN VOLUME 58, PAGE 462 OF THE HARRIS COUNTY DEED RECORDS, SAID 0.1349 ACRE TRACT OF
LAND BEING LOTS 4 AND 5,BLOCK 726;SAVE AND EXCEPT,A 7.50 FOOT STRIP OF LAND OFF OF THE NORTH SIDE OF LOTS
4 AND 5, BLOCK 726, AS RECORDED IN HARRIS COUNTY CLERK'S FILE NO. D252223; FURTHERMORE, SAID 0.1349 ACRE
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
Basis for bearings: Southerly R.O.W.line of West"A"Street(60'R.O.W.) per record plat of Townsite of La Porte.
BEGINNING at½inch iron rod set in the North line of a 16 foot alley for the common Southeast comer of the above referenced
Lot 4 and Southwest comer of.Lot 3, Block 726, Townsite of La Porte, said point being also the Southeast comer of the herein
described 0.1349 acre tract of land; 4
THENCE along the common North line of said 16 foot alley and South line of the above referenced Lots 4 and 5,West a distance
of 50.00 feet to a Y inch iron rod set for the common Southwest Comer of said Lot 5, Southeast comer of Lot 6, Block 726,
Townsite of La Porte and Southwest comer of the herein described 0.1349 acre tract of land;
THENCE departing the North line of said 16 foot alley and along the common line of Lots 5 and 6, NORTH a distance of 117.50
feet to a point located 7.50 feet south of the original North line of said Lot 5 and in the occupied R.O.W. of West Main Street
(R.O.W.varies)for the Northwest comer of the herein described 0.1349 acre tract of land;
THENCE departing said common line of Lots 5 and 6, across and through Lots 4, 5 and along a line parallel to and 7.50 feet
South of the original North lines of said Lots 4 and 5, EAST a distance of 50.00 feet to a point for comer in the occupied R.O.W.
of West Main Street(R.O.W. varies), said point being in the common line of said Lots 4 and 3, Block 726, Townsite of La Porte
and being also the Northeast comer of the herein described 0.1349 acre tract of land;
THENCE along said common line of Lots 4 and 3, SOUTH a distance of 117.50 feet to the POINT OF BEGINNING and containing
0.1349 acre of land, more or less.