HomeMy WebLinkAboutReso. 1947-6-9 - City accepts quitclaim deed for Ellington Aux. Landing Field No. 2 •
•
T
RI IT 25aci.YSD ty the City Caouii of tbs Ci t f at
La Parte►, Immo, that E. J. Pfei pc $ Mayer, ha and he
is hereby nettorised, Meesgt,TraNt acne !t s,r e.a tt to tin .tea pe f.=.
aq egad all ess to mammary to semplito eameation and deliver/
an behalf of the City of La Ports, l anei, of that arrests Coital sin
Devi from Ube United bistro of harries is W..ns tz ald threuct shr
Assets administrator, dated Jeans k, 104. sm6sr vas urge at` obisb
facilities and equipment therein described and desiccated (more
toeing incident to sod fanning g what Is eana nil knout sad reformed
as ae tilingtea Ae4dllar7 Lading Field 4. 2, La Parts, *aas)
snare taes,sfsssed and emova sd is the City et La P r-ta, .
32 IS RMLYZI E. J. Pfeiffer /iglarf
is booby authorised and divested to mspp4 delivery of said Duand
on behalf't of Abe City at La ramie, lamas, nod be do cad perform
aRy and all mate noeeasnr7 to eetect fan renordta:tion of anah
instrument.
B= IT maws s 1.121E1.1IF'.D tact the City of La Porto,
grantee La meld Deed, chat be sad is Monad by ell the torso and
ocedi that therein es t forth, and the Cl tdr of La Feasts, &:east
agrees to comply citl cook neck all a such tare= end =mations.
Met City Secretary is hems' asthsteieod and inoRrected
to deliver a oortified easily of dais Reenittton to he war Fs to
adttsis tt'ntian, nth hags oral Office, Moss tasty Teas, and it i e ea
neared.
I Washy aartify that *entwine and tarok is r. teach
gad (wriest tow et the sse1stian passed by the City Cattteell. of
the City of La P rte, brie, at its netting bald an the S,th
EPP -- • C4F - -
. fax at Asa, IM, as the aim d is tale atwataa
•.
or east, asatiag. I ltrtlosr aortl.f r t at Beak aesttas (lass
was a eptenall jreeeRt oata wtlag.
rt man ALL OF SOR, wi brew ow Wad cod goal a
*files tits 9t dy of Am, 1* 7•
Oty !4_ft t fs tarts, 'Mass
•
v � �
•
•
•
QUITCLAIM D1)
433082
KNOW ALL MEN BY Th SE PRESENTS: That THE UNITED STATES OF
A,ZRICA, acting by and through the War Assets Administrator, under
and pursuant to Executive Order 9689, dated January 31, 1946, and the
powers and authority contained in the provisions of the Surplus Prop-
erty Act of 1944, as amended, and applicable rules, regulations and
orders, party of the first part and the CITY OF LAPORTE, located in
Harris County, Texas, a body politic under the laws of the State of
Texas, acting by and through its Mayor, party of the second part,
WITNESSETH:
That the said party of the first part, for and in consider-
ation of the assumption by the party of the second part of all the
obligations and its taking subject to certain reservations, restrict-
ions and conditions and its covenant to abide by, and agreement to
certain other reservations, restrictions and conditions, all as set
out hereinafter, does by these presents bargain, sell, grant and
convey but without warranty, express or implied, unto the said party
of the second part, its successors and assigns, under and subject to
the reservations, restrictions and conditions, exceptions, and rights
hereinafter set out, all its right, title and interest in the follow-
ing described property situate in the County of Harris, State of
Texas, to-wit:
611)that certain piece or parcel of land situated
in the County of Harris,' Stater of Texas, more
particularly described as follows:.
Being all of Lots 1, 2, and 3, and part of Lot4,
Block 1, part of Lots 1 to 5, inclusive, Block 2,
and part of the road lying between said Blocks 1
and 2, W. J. Payne Subdivision (according to a
plat recorded in the records of Harris County in
Deed Record Books 384 at page 161), and being more '!
particularly described as follows:
Beginning at the northeast corner of W. M. Jones
Survey; thence due south 3160.2 feet along the
east line of said W. M. Jones Survey to its inter-
section with the northerly line of the right of
way for Spencer Road; thence north 89° 33' west,
4136.6 feet alongcsaid northerly right of way line
to a point; thence due north 3157.8 feet to a point
on the north line of said W. .IMi. Jones Survey; thence
south 89° 35' east, 4136.6 feet along the north line
. of said survey to the point of beginning, containing
300.0 acres, more or less.
together with all runways, taxiways, apron, drainage system, buildings
- 1 -
411
and fencing thereon, and being the same land described in deed from
Helen Elizabeth Preston, Individually and as Independent Executrix
of the estate of Dora Lloyd Preston, deceased, to the United States
of America, dated May 15, 1943 and recorded in Vol. 1284, page 4 of
the Deed Records of Harris County, Texas.
SUBJECT, HOWEVER, to a certain easement and right of way
granted in favor of the Humble Pipe Line Company for the construction,
maintenance and operation of a pipe line on, over and through said
land, said instrument being dated April 25, 1927, and on record in
Volume 705, page 83 of the Deed Records of said County.
The above described premises are transferred subject to
existing easements for roads, highways and public utilities.
EXCEPTING, HOWEVER, from this conveyance all right, title
and interest in and to all property in the nature of equipment, fur-
nishings and other personal property which can be removed from the
land without material injury to the land or structures located thereon
other than property of such nature located on the premises conveyed
hereby which is required for the efficient operation for airport
purposes of the structures and improvements being transferred hereby;
and reserving to the party of the first part the right of removal
from the premises of the property excepted hereby, within a reasonable
period of time after the date hereof, which shall not be construed to
mean any period less than one (1) year after the date of this
instrument.
Said property transferred hereby was duly declared surplus
and was assigned to the War Assets Administration for disposal, act-
ing pursuant to the provisions of the above-mentioned Act, as amended,
Executive Order 9689, and applicable rules, regulations and orders.
By the acceptance of this deed or any rights hereunder, the
said party of the second part, for itself, its successors and assigns
agrees that transfer of the property transferred by this instrument
is accepted subject to the following restrictions set forth in sub-
paragraphs (1) and (2) of this paragraph, which shall run with the
land, imposed pursuant to the authority of Article 4, Section 3,
Clause 2 of the Constitution of the United States of America, the
Surplus Property Act of 1944, as amended, Executive Order 9689, and
applicable rules, regulations and orders:
- 2 -
® •® . •1 . .
.
•
(1) That all of the property transferred hereby, hereafter
A
in this instrument called the "airport", except for the building areas,
non-aviation facilities or non-airport property, within the limitations
of subparagraph (2) of the next succeeding paragraph, shall be used
for public airport purposes, and only for such purposes, on reasonable
terms and without unjust discrimination and without grant or exercise
of any exclusive right for use of the airport within the meaning of
Section 303 of the Civil Aeronautics Act of 1938. As used herein,
"public airport purposes" shall be deemed to exclude use of the struc-
tures conveyed hereby, or any portion thereof, for manufacturing or
industrial purposes. However, until, in the opinion of Civil Aero-
nautics Administration or its successor Government agency, it is
needed for public air-port purposes, any particular structure trans-
ferred hereby may be utilized for non-manufacturing or non-industrial
purposes in such manner as the party of the second part deems advis-
able, provided that such use does not interfere with operation of
the remainder of the airport as a public airport.
(2) That the entire landing area, as defined in WAA Regu-
lation 16, dated June 26, 1946, and all structures, improvements,
facilities and equipment of the airport shall be maintained at all
times in good and serviceable condition to assure its efficient
operation, provided, however, that such maintenance shall be required
as to structures, improvements, facilities and equipment only during
the remainder of their estimated life as determined by the Civil
Aeronautics Administration or its successor Government agency. In
the event materials are required to rehabilitate or repair certain
of the aforementioned structures, improvements, facilities or equip-
ment, they may be procured by demolition of other structures, improve-
ments, facilities or equipment transferred kiereby and located on the
above described premises, which have outlived their use as airport
property in the opinion of the Civil Aeronautics Administration or
its successor Government agency.
By the acceptance of this deed or any rights hereunder,
the said party of the second part for itself, its successors and
assigns, also assumes the obligations,of, covenants to abide by and
agrees to, and this transfer is made subject to, the following
reservations and restrictions set forth in subparagraphs (1) to (6)
- 3 -
of this paragraph, which shall run with the land, imposed pursuant to
the authority of Article 4, Section 3, Clause 2 of the Constitution
of the United States of America, the Surplus Property Act of 1944, as
amended, Executive Order 9689 and applicable rules, regulations and
orders:
(1) That insofar as is within its power and reasonably
possible, the party of the second part and all subsequent transferees
shall prevent any use of land either within or outside the boundaries
of the airport, including the construction, erection, alteration, or
growth of any structure or other object thereon, which use would be a
hazard to the landing, taking-off, or maneuvering of aircraft at the
airport, or otherwise limit its usefulness as an airport.
(2) That the building areas and non-aviation facilities,
as such terms are defined in AA Regulation 16, dated June 26, 1946,
of or on the airport shall be used, altered, modified, or improved
only in a manner which does not interfere with the efficient operation
of the landing area and of the airport facilities, as defined in said
:7AA Regulation 16.
(3) That itinerant aircraft owned by the United States of
America (hereinafter sometimes referred to as the "Government") or
operated by any of its employees or agents on Government business
shall at all times have the right to use the airport in common with
others; Provided, however, that such use may be limited as may be
determined at any time by the Civil Aeronautics Administration or the
successor Government agency to be necessary to prevent interference
with use by other authorized aircraft, so long as such limitation does
not restrict the Government's use to less than twenty-five (25) per
centum of capacity of the landing area of the airport. The
Government's use of the airport by virtue of the provisions of this
subparagraph shall be without charge of any nature other than payment
for damage caused by such itinerant aircraft.
(4) That during the existence of any emergency declared
by the President of the United States of America or the Congress
thereof, the Government shall have the right without charge, except
as indicated below, to the full, unrestricted possession, control and
use of the landing area, building areas, and airport facilities, as
such terms are defined in l7AA Regulation 16, dated June 26, 1946, or
- 4 -
•
any part thereof, including any additions or improvements thereto made
subsequent to the declaration of any part of the airport as surplus;
Provided, however, that the Government shall be responsible during
the period of such use for the entire cost of maintaining all such
areas, facilities and improvements, or the portions used, and shall
pay a fair rental for the use of any installations or structures which
have been added thereto without Federal aid.
(5) That no exclusive right for the use of any landing
area or air navigation facilities, as such terms are defined in FIAA
Regulation 16, dated June 26, 1946, included in or on the airport
shall be granted or exercised.
(6) That the property transferred hereby may be success-
ively transferred only with the approval of the Civil Aeronautics
Administration or the successor Government agency and with the proviso
• that any such subsequent transferee assumes all the obligations im-
posed upon the party of the second part by the provisions of this
instrument.
By acceptance of this instrument or any rights hereunder,
the party of the second part further agrees with the party of the
first part as follows:
(1) That upon a breach of any of the aforesaid reservations
or restrictions by the party of the second part or any subsequent
transferee•, whether caused by the legal inability of said party of the
second part or subsequent transferee to perform any of the obligations
herein set out, or otherwise, the title, right of possession and all
other rights transferred to the party of the second part, or any
portion thereof, shall at the option of the party of the first part
revert to the party of the first part upon demand made in writing by
the liar Assets Administration or its successor Government agency at
least sixty (60) days prior to the date fixed for the revesting of
such title, right of possession and other rights transferred, or any
portion thereof; Provided, that, as to installations or structures
which have been added to the premises without Federal aid, the .
Government shall have the option to acquire title to or use of the
• same at the then fair market value of the rights therein to be ac-
quired by the Government.
(2) That if the construction as covenants of any of the
- 5 -
r
foregoing reservations and restrictions recited herein as covenants
or the application of the same as covenants in any particular in-
stance is held invalid, the particular reservations or restrictions
in question shall be construed instead merely as conditions upon the
breach of which the Government may exercise its option to cause the
title, right of possession and all other rights transferred to the
party of the second part, or any portion thereof, to revert to it,
and the application of such reservations or restrictions as covenants
in any other instance and the construction of the remainder of such
reservations and restrictions as covenants shall not be affected
thereby.
TO HAVE AND TO HOLD the foregoing described premises,
together with all and singular the rights, privileges and appurte-
nances thereto in any wise belonging except the rights excepted and
reserved above, and under and subject to the aforesaid reservations,
restrictions and conditions, unto the said party of the second part,
its successors and assigns, forever.
IN WITNESS WHEREOF, the party of the first part has caused
these presents to be executed the T day of/P-44-4-
, 1947.
UNITED STATES OF AM ERICA
Acting by and through
WITNESSES: War Assets Administrator
/4eit.G f 7-- °/' ByCi' ����''� (L.S.)
/ / C. B. 1tJUCY.ER
j ` t/ ZONE ADMINISTRATOR ZONE V
`---���ti WAR ASSETS ADMINISTRATION
- 6 -
•
THE STATE OF TF.XAS )
SS.
COUNTY OF DALIAS
4 !j
• Before me, , a Notary Public
in and for Dallas County, Texas , on this day per—
sonally appeared C. B. Rucker , known to me to be
• the person whose name is subscribed to the foregoing instrument, and
known to me to be the Zone Administrator, Zone V,
of the gar Assets Administration, and acknowledged to me that the
same was the act and deed of the United States of America, the ?/ar
Assets Administration and the War Assets Administrator, and that he
executed the same as the act of said entities for the purposes and
consideration therein expressed and in the capacity therein stated.
Given under my hand and seal of office at Dallas, Dallas
County, Texas , this y ofC2,9u4.,ER_ ' 1947.
'No ry •►•1 is,.0 c�,v�
My cetl
//
aion expires: y/, i4qp,
- 7 -
THE STATE OF TEXAS 1 I,W.D.MILLER,Clerk of the County Court of Harris County,Texas,do
County of Harris J
hereby certify that the within instrument with its certificate of authentication was filed for registration
in my office _ June 11 , 194_7., at_._33..50 o'clock_P _..M., and duly recorded
on NOV 17 , 1941, at 10:50 o'clock A .%, in Vol 161i...._.....
Page 19Q..._.of record of..._.._................Deeda .for said County.
WITNESS my hand and seal of office,at Houston,the day and date last above written.
W.D.MILLER
ck coma Coy,Hur'rll`county,Texas By �_.. 1 P Deputy
126M 6-14
•
a a
•
•
a
•
•
•
•
.
a
•
, •
, -. �.Y ,...
G Form aS6, • • •
R lore 207)
• C. Rev. 12-e-1111 .
K 0. 7 .
r 0 10. It is understood and agreed that this lease is made
~., subject to all of the terms, agreements, conditions and restrictions
contained in that certain deed from the United States of America,
. acting by and through the War Assets Administrator, to the City of
r La Porte, Texas, dated the 4th day of dune, A. D. 1947, recorded in
. Vol. 1614, Page 190, of the Deed Records of Harris County, Texas.
Changes made before signing:
3. TO HAVE AND TO HOLD the said premises for the term beginning15''it,t'r'b r 194* Paragraph 10 added.
through lune 30, 1949 , provided that, unless and until the Government shell give notice
of termination in accordance with provision 6 hereof, this lease shall remain in force
thereafter from year to year without further notice; provided further that adequate
appropriations are available from year to year for the payment of rentals; and provided f
further that this lease shell in no event extend beyond
)0 Julio 2n47
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their
4. The Government shall pay the Lessor rest at the following rete: names es of the date first above written.
THE CITY OF LA PORTE, TE
'ale s (F1e00)+ww pe* m In p`nrresenc of:
Payment shall :eltee at the fie ;La � ' by the Pin sure Officer,r, Rested ,6 e' __ _,
States Army, I'' ((�� ��• s*o (SEAL)
5. The Government shall have the right, during the existence of this lease, to "''YYYY���"""" 0�/-t q /irk/
attach fixtures, end erect structures or signs, in or upon thepremises hereby leased, which ( 1drees)
fixtures and structures, or signs, so placed in, upon or attached to the said premises shall •
s
be and remain the property of the Government end may be removed or otherwise disposed of by to Ssuy pt is 8.nd instrument r iO fi�
THE UNIT STATES OF AMERICA,
the Cbvemnent. Obtained by this are moth-
orized by, era for the Durposes set
forth in, WA arq cbaraeable to the By 't--v
6. The Government may terminate this lease at any time by giving thirty (301 days foiloo n1 ail, -'.'G'n, ti`e available - Contracting Officer. .
notice in writing td the'Lessor, and no rental shall accrue after the effective date of balano:•s or ;ryt:'ll e.,e sufficient to H. L. ROBINSON
termination. oover the cost of same. Colonel, CE '
'.7`1 r 7 Or—C_i r Ptr Lf�a.3 n.yf-a-45 District Engineer
7. Any notice under the terms of this lease shell.be in writing signed by a duly ' 'I�9�4f`is • cona a or P'on, the'following l
(If Lessor s • corporation, the certificate.shell be executed by the secretary
authorised representative of the party Qiving.aJKt oOTTun _ngtic e�, and if given by the Government of assistant secretary.)
shall be addressed to the Lessor at tL�� •--"---,
and if given by the Lessor shall be addressed to
The Liatxiet 6}hyILneeJRg Gordo I, certify that I am the
%tamers, 1vw'ts3n, Terms*. Secretary of the corporation named as Lessor in the attached lease; that
8. The Lessor warrants that he has not employed any person to solicit or secure , who signed said lease on behalf of the Lessor, was then
this lease upon any agreement for a commission, percentage, brokerage, or contingent fee.
Preach of this warranty shall give the Government the right to annul the lease, or, in its of said corporation; that said lease was duly signed for and in behalf of said corporation
discretion, to deduct from the rental the amount of such commission, percentage, brokerage, .
or contingent fees. This warranty shall not apply to commissions payable by lessors upon by authority of its governing body, end is within the scope of its corporate powers.
contracts or leases secured or made through bone fide established commercial or selling
agencies maintained by the Lessor for the purpose of securing business. •
9. No Member of or Delegate to Congress or Resident Commissioner shall be admitted (Corporate)
to any share or part of this lease or to any benefit that may arise therefrom, bet this ( Seal 1
provision shall not be construed to extend to this lease if made with a corporation for
its general benefit. 2_
- 3 -
l_
•
,.
• - ••
• t,. lIG•� rm 056 -
•' • . . • • , (CR O•ern 207)
Rev. 12-8-44 HMV SERVICE FORCES
Corps of Engineers
?S a1VlV'Sett4fla Diyi*ion
Gelveet.m Lietrtt t
•
Lease No. T &WAR ENG 1=i
IAT'�B�'ynjp�l(.-ORT1A(:!'
LAND LEASE eft
➢ETEERN
Sa' ( l;I d4
•
and
THE ➢NITED STATES OF 1MERICA
1. THIS LEASE, made and entered into this 19th day of October , in
the year one thoneand nine hundred and rortr-01,:ht by and between 1a City
o.1" Terse
whose address
is i.,. ,ett•',
and whose interest is the property hereinafter described is that of COT
for itee':fa itG1 rsTTs flltntorK 4thatniat rnind;, ancce0sore, and assigns, hereinafter
called Lessor, •nd THE ➢NITE➢ STATES OP ANSHICA, hereinafter called the Government:
YITNESEETS: The parties hereto for the considerations hereinafter mentionea
conversant sad agree as follows:
2. The Lessor hereby l.aa.a to the Goverment the lollowfag described premises,
wig
r.tse'et of 1eotl situated 1ti the Cotatj of :aerie, :.itatn of Tux,
bitted a ,port of the 'A. 4. Jones av+trq ( -to2) eitr: Wang aa:riet
�r*.to{t.ttrly t:aeoribsd as follow=
Beginsiini ate ;xt:::• c: VW, grgtt! •if• of .:.sneer lj::r•Ib a tid
pott.t befog 8 a° 53t t, 1635 teat fr.. ►.tie intersection of the Rost
''otal.ory fete of •::,<.R•i t r Lendle,. Flu). tlo. 2 Of K111•.gtfn Field,
9t+xne led the knot. }• •i of :.e.1r • .ay. '1.el°s N. 18e t. 460 ft
to a point. Items 8 BD° int t, 5 ft to a point. i hcxioe Scutt
300 fa..t to et po:.ltt in the iiorth o •peo••ete wit I aey. Th.troe
e1. 89° 33e ►h. frith the tie,rt2 lit: of eats: tt,•bray 1G05 foot to the
point or begim%ln1 oruttdtiniteg 8.1 !Trees of 1:,di, ore or lees.
:Ys•g ,ti: • Ll:r s:': +J•1.`. 4'• iti:it:1.1 y fhj"S°e t e• old
to be Deed for the fo11or1a psrpoe.:"'
t.tw in a c ar eirern�t, r•rtr ! •nit x:1 If .Aed rthor:•1ee
r;"9nt7'F- to the OIw s.
1 —
,./. - /J • .`1('.._..
•
. . • .., ., . . . , . -* -OP/ •. ' • ..;,. . .. .,...) '. ..•'.
.
:. .. ._ .. (--71,b".- .7 .
.
• ? -,'fir ?.'t''.:`F^a'y..:.;;.:t' • . 3�:. •.'r,:, " � . :� _ .
f '
•
I f;; : try;i.
f
•
•
.24 'Ire>>1).:
•
1' • ,..y ���W,•�--.
i.7 .' ��jj`'' ssue'•- .f;•
"... .' :.. "Vail* SIA • . • ,
•
•
I. • . ' .
Tr
•
�, ,orovaa
044, p/
r:.
•
f, $41 li ,r