HomeMy WebLinkAboutO-2016-3617 Closing W Madison St.20115-3117
ORDINANCE NO_ 2016- -3lO1 -7
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE WEST MADISON
STREET RIGHT-OF-WAY; RETAINING EASEMENTS FOR EXISTING UTILITIES; AUTHORIZING THE
EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING I.ANDOWNER, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF_
WHEREAS, the City Council of the City of La Porte has been requested by the record
owner of the property abutting the hereinafter described portion of the West Madison Street
Right -of -Way; and,
WHEREAS, the City Council of the City of La Porte has determined and does hereby find,
determine, and declare that the hereinafter described portion of the West Madison Street Right -
of -Way is not suitable, needed, or beneficial to the public as a public road, street, or alley, and
the closing of hereinafter described portion of the West Madison Street Right -of -Way is for the
protection of the public and for the public interest and benefit, and that the hereinafter
described portion of the West Madison Street Right -of -Way should be vacated, abandoned, and
permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA POR -FE:
Section 1_ Under and by virtue of the power granted to the City of La Porte under its home
rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter
described portion of the West Madison Street Right -of -Way is hereby permanently vacated,
abandoned, and closed by the City of La Porte, being generally illustrated on Exhibit "A"
incorporated herein, and further described to wit:
BEGINNING at the northwest corner of Lot 1, Block 92, Town of La Porte;
said point being located on the south line of the West Madison Street Right -of -
Way and the east line of the North 8Th St. Right -of -Way;
THENCE in a northerly direction, along the east line of the North 8th
Street Right -of -Way to its intersection with the north line of the West Madison
Street Right -of -Way; said point being the southwest corner of Lot 16, Block 101,
Town of La Porte;
2
THENCE in an easterly direction along the north line of the West Madison
Street Right -of -Way to its intersection with the west line of the North 7th Street
Right -of -Way; said point being the southeast corner of Lot 17, Block 101, Town
of La Porte;
THENCE in a southerly direction, along the west line of the North 7th
Street Right -of -Way to its intersection with the south line of the West Madison
Street Right -of -Way; said point being the northeast corner of Lot 32, Block 92,
Town of La Porte;
THENCE in a westerly direction along the south line of the West Madison
Street Right -of -Way to the POINT OF BEGINNING of the herein described tract.
Section 2. The City of La Porte hereby retains for itself and its successors and assigns, a 10'
wide centerline easement for an existing public water main, a 30' wide centerline easement for
an existing public storm sewer main, and a 16' foot wide easement for an existing water and
sanitary sewer main, each of which being located within the above described portion of the
West Madison Street Right -of -Way.
Section 3. The City Council officially finds, determines, recites, and declares that a sufficient
written notice of the date, hour, place, and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this 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 4. This ordinance shall be effective from and after its passage and approval, and it is so
ordered.
PASSED AND APPROVED THIS DAY OF Q 016.
By:
ATTEST:
Patrice Fogarty, City 6retary
APPROVED:
L
Knox W. Askins, City Attorney
CITY OF
Louil R. Rigby,
EXHIBIT "A" s ORDINANCE
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(TOTAL R -O -W = 27,280 SQ. FT.)
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ABANDONED R -O -W
PARCEL
AREA MAP
W_ MA11>1S413PN ST_ CLOSING - N_ 7TH TO N_ 8TH
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70' PUBL/C WATER MA/N
CENTERL/NE EASEMENT
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' 76' PUBL/C WATER 8
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STORM SEWER
WATER MAIN
SAN SVAEMW
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CENTERL/NE OF 30'
AER/AL EASEMENT
TO CEN TERPO/NT, ATBT
S CO M CA ST
W.` -MA & IS O N `ST
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30' PUBL/C STORM SEWER
CENTERL/NE EASEMENT
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1 inch = 100 feet
PUBLIC STORM SEWER EASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF HARRIS
That WALTER E. JOHNSON ("Grantor"), for and in consideration of Ten and
no/100 Dollars ($10.00) and other good and valuable consideration paid by the
CITY OF LA PORTE ("Grantee"), a Municipal Corporation, the receipt and
sufficiency of which is hereby acknowledged and confessed, have this day
GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents do
GRANT, SELL AND CONVEY unto said GRANTEE, and to its successors and
assigns the perpetual right, privilege and easement, with appropriate rights of
ingress and reasonable working area for construction and maintenance, to enter
upon and construct, reconstruct, maintain, operate, inspect, replace, repair and
remove an existing PUBLIC STORM SEWER MAIN, together with all necessary
appurtenances, over, across, through and under that certain tract or parcel of
land lying and being situated in Harris County, Texas and being more particularly
described on Exhibits "A" & "B" attached hereto and made a part hereof for all
purposes.
TO HAVE AND TO HOLD the above described easement, together with all and
singular the rights and appurtenances thereto in anywise belonging unto said
GRANTEE, its FRANCHISED UTILITY COMPANIES, and its successors or
assigns, in accordance with the terms and conditions hereinabove set forth. The
GRANTOR does hereby bind itself, its successors or assigns to WARRANT AND
FOREVER DEFEND, all and singular the said easement unto the GRANTEE, its
FRANCHISED UTILITY COMPANIES, its successors or assigns, against every
person whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS THE EXECUTION HEREOF on this the 11_ day of M, 2015.
BY:
"&&" ��-
Grantor or Authorizo Representative
This instrument was acknowledged before me on the 0 day of 2015
by (v ,�
No ublic, State of Texas
Mailing Address of Grantee
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
�o�pAY PUgGc Jean C Edwards
* * NOTARY PUBLIC
STATE OF TEXAS
�f9�oF PS MY COMM. EXP 7/14/2015
EXHIBIT "A"
Being a 7,980 square foot area of land out of the W. Madison Street
Right -of -Way located between the N. 7th Street and the N. 8th Street
Rights -of -Way, being more particularly described as follows;
A thirty (30) foot wide centerline easement centered on an existing 30" storm
sewer main which runs east and west within the W. Madison Street Right -of -
Way, located between the N. 7th Street and the N. 8th Street Rights -of -Way.
EXHIBIT "B"
NOT TO .-LE
100 101 102
30' PUBLIC STORM SEWER
CENTERLINE EASEMENT
W_MAD ISO N=ST
..................... ....................
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93 Z 92 Z 91
PUBLIC WATER MAIN EASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF HARRIS
That WALTER E. JOHNSON ("Grantor"), for and in consideration of Ten and
no/100 Dollars ($10.00) and other good and valuable consideration paid by the
CITY OF LA PORTE ("Grantee"), a Municipal Corporation, the receipt and
sufficiency of which is hereby acknowledged and confessed, have this day
GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents do
GRANT, SELL AND CONVEY unto said GRANTEE, and to its successors and
assigns the perpetual right, privilege and easement, with appropriate rights of
ingress and reasonable working area for construction and maintenance, to enter
upon and construct, reconstruct, maintain, operate, inspect, replace, repair and
remove an existing PUBLIC WATER MAIN, together with all necessary
appurtenances, over, across, through and under that certain tract or parcel of
land lying and being situated in Harris County, Texas and being more particularly
described on Exhibits "A" & "B" attached hereto and made a part hereof for all
purposes.
TO HAVE AND TO HOLD the above described easement, together with all and
singular the rights and appurtenances thereto in anywise belonging unto said
GRANTEE, its FRANCHISED UTILITY COMPANIES, and its successors or
assigns, in accordance with the terms and conditions hereinabove set forth. The
GRANTOR does hereby bind itself, its successors or assigns to WARRANT AND
FOREVER DEFEND, all and singular the said easement unto the GRANTEE, its
FRANCHISED UTILITY COMPANIES, its successors or assigns, against every
person whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS THE EXECUTION HEREOF on this the A day of i )2015.
BY: LAIJ,-- q9lz-�� -
Grantor or Authorize Representative
This instrument was acknowledged before me on the day of 2015
by
tary Public, State of Texas
Mailing Address of Grantee
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
�Y Pua� Jean C Edwarde
,r * NOTARY PUBLIC
STATE OF TEXAS
'�OFP5 MY COMM. EXP. 7/14/2016
EXHIBIT "A"
Being a 2,660 square foot area of land out of the W. Madison Street
Right -of -Way located between the N. 7th Street and the N. 8th Street
Rights -of -Way, being more particularly described as follows;
A ten (10) foot wide centerline easement centered on an existing 8" public water
main which runs east and west within the W. Madison Street Right -of -Way,
located between the N. 7th Street and the N. 8th Street Rights -of -Way.
EXHIBIT "B"
100 101 102
---------------------------------
- ;-------------- -------------------
W-MADISON=S:T
10' PUBLIC WATER MAIN
CENTERLINE EASEMENT
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PUBLIC WATER & SANITARY SEWER MAIN EASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF HARRIS
That WALTER E. JOHNSON ("Grantor"), for and in consideration of Ten and
no/100 Dollars ($10.00) and other good and valuable consideration paid by the
CITY OF LA PORTE ("Grantee"), a Municipal Corporation, the receipt and
sufficiency of which is hereby acknowledged and confessed, have this day
GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents do
GRANT, SELL AND CONVEY unto said GRANTEE, and to its successors and
assigns the perpetual right, privilege and easement, with appropriate rights of
ingress and reasonable working area for construction and maintenance, to enter
upon and construct, reconstruct, maintain, operate, inspect, replace, repair and
remove an existing PUBLIC WATER & SANITARY SEWER MAIN, together with
all necessary appurtenances, over, across, through and under that certain tract
or parcel of land lying and being situated in Harris County, Texas and being more
particularly described on Exhibits "A" & "B" attached hereto and made a part
hereof for all purposes.
TO HAVE AND TO HOLD the above described easement, together with all and
singular the rights and appurtenances thereto in anywise belonging unto said
GRANTEE, its FRANCHISED UTILITY COMPANIES, and its successors or
assigns, in accordance with the terms and conditions hereinabove set forth. The
GRANTOR does hereby bind itself, its successors or assigns to WARRANT AND
FOREVER DEFEND, all and singular the said easement unto the GRANTEE, its
FRANCHISED UTILITY COMPANIES, its successors or assigns, against every
person whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS THE EXECUTION HEREOF on this the day of►0% , 2015.
BY:
Grantor or Auth ized Representative
This instrument was acknowledged before me on the day of 2015
by ;/6 � �� 1,79W
tary Public, State of Texas
Mailing Address of Grantee
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
EXHIBIT "A"
Being a 1,280 square foot area of land out of the W. Madison Street
Right -of -Way, being more particularly described by metes and
bounds as follows;
BEGINNING at the northeast corner of Lot 1, Block 92, La Porte, said point being
located at the intersection of the south line of the W. Madison Street Right -of -
Way and the west line of the alley in Block 92, La Porte;
THENCE in a northerly direction crossing the W. Madison Street Right -of -Way, to
its intersection with the southeast corner of Lot 16, Block 101, La Porte, a
distance of eighty (80) feet to a point marking the northwest corner of the herein
described tract;
THENCE in an easterly direction along the north line of the W. Madison Street
Right -of -Way to a point located at the southwest corner of Lot 17, Block 101, La
Porte, a distance of sixteen (16) feet to a point marking the northeast corner of
the herein described tract;
THENCE in a southerly direction crossing the W. Madison Street Right -of -Way,
to its intersection with the northwest corner of Lot 32, Block 92, La Porte, a
distance of eighty (80) feet to a point marking the southeast corner of the herein
described tract;
THENCE in a westerly direction, a distance of sixteen (16) feet to the POINT OF
BEGINNING of the herein described tract.
EXHIBIT "B"
101
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102
100
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W-MADISON.SS
16' PUBLIC WATER MAIN
& SANITARY SEWER
CENTERLINE EASEMENT
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DEED WITHOUT WARRANTY
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: January 11, 2016
Grantor: City of La Porte, Texas, a municipal corporation
Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571
Grantee: Bayport Enterprises, L.L.C.
Mailing Address: 1000 Uptown Blvd., 481, Houston, Texas 77056
Consideration: Ten and No/ 100 Dollars ($10.00) cash
and other good and valuable considerations
Property (including any improvements):
The East one-half (1/2) of that portion of the Madison Street right-of-way, lying
and being situated between the east right-of-way line of North 80 Street and the
west right-of-way line of North 7'h Street, Town of La Porte, Harris County, Texas,
vacated, abandoned and closed bCity of La Porte Ordinance No. 2016-�/ i
3 ,
passed and approved on the I I'' day of January, 2016, and as more particularly
described by metes and bounds on Exhibit "A" attached hereto, and as shown on
the plat attached hereto as Exhibit "B".
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,
conveys to Grantee the property without express or implied warranty, and all warranties that might
arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor)
are excluded.
1
Is
Attest:
Patrice Fogarty
City Secretary
Approved:
Knox W. Askin
City Attorney
STATE OF TEXAS
COUNTY OF HARRIS
City of La Porte
By:
Corby D. Alexander
City Manager
This instrument was acknowledged before me on the day of , 2016, by
Corby D. Alexander, City Manager of the City of La Porte, a municipal corporation.
SHARON HARRIS
My C6mmisslm Expires
November S. 2017
AFTER RECORDING RETURN TO:
ASKINS & ASKINS, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
Notary Public, State of Texas
PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
I
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EXHIBIT "A" TO DEED
(THE EAST ONE—HALF (1/2) OF THE FOLLOWING DESCRIBED
PROPERTY)
BEGINNING at the northwest corner of Lot 1, Block 92, Town of La Porte;
said point being located on the south line of the West Madison Street Right -of -
Way and the east line of the North 8th St. Right -of -Way;
THENCE in a northerly direction, along the east line of the North 8th Street
Right -of -Way to its intersection with the north line of the West Madison Street
Right -of -Way; said point being the southwest corner of Lot 16, Block 101, Town of
La Porte;
THENCE in an easterly direction along the north line of the West Madison
Street Right -of -Way to its intersection with the west line of the North 7th Street
Right -of -Way; said point being the southeast corner of Lot 17, Block 101, Town of
La Porte;
THENCE in a southerly direction, along the west line of the North 71h Street
Right -of -Way to its intersection with the south line of the West Madison Street
Right -of -Way; said point being the northeast corner of Lot 32, Block 92, Town of
La Porte;
THENCE in a westerly direction along the south line of the West Madison
Street Right -of -Way to the POINT OF BEGINNING of the herein described tract.
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W. MADISON ST. CLOSING
(TOTAL R -O -W = 21,280 SQ. FT.)
—W TYLER ST
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Legend
W MADISON ST
ABANDONED R -O -W
PARCEL
DEED WITHOUT WARRANTY
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: January 11, 2016
Grantor: City of La Porte, Texas, a municipal corporation
Mailing Address: 604 West Fairmont Parkway, La Porte, 'TX 77571
Grantee: La Porte Commerical Properties, L.P.
Mailing Address: 1000 Uptown Park Blvd., #81, Houston, Texas 77056
Consideration: Ten and No/100 Dollars ($10.00) cash
and other good and valuable considerations
Property (including any improvements):
The West one-half (1/2) of that portion of the Madison Street right-of-way, lying
and being situated between the east right-of-way line of North 8th Street and the
west right-of-way line of North 7th Street, Town of La Porte, Harris County, Texas,
vacated, abandoned and closed bCity of La Porte Ordinance No. 2016-.3&/7 ,
passed and approved on the 11 'l day of January, 2016, and as more particularly
described by metes and bounds on Exhibit "A" attached hereto, and as shown on
the plat attached hereto as Exhibit "B".
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,
conveys to Grantee the property without express or implied warranty, and all warranties that might
arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor)
are excluded.
Attest:
Patrice Fogarty
City Secretary
Approved:
Knox W. Askins�//V/
City Attomey
STATE OF TEXAS §
COUNTY OF HARRIS §
2, of La Porte
By:
C&Wy D. Alexand
City Manager
+ h T_
This instrument was acknowledged before me on the day of �J�tll , 2016, by
Corby D. Alexander, City Manager of the City of La Porte, a municipal corporatio .
r SHARON HARRIS
My Commission Expires
November S. 2017
Jr•y
AFTER RECORDING RETURN TO:
ASKINS & ASKINS, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
N6taYy Public, State of Texas
PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C.
P.O. Box 1218
LaPorte, TX 77572-1218
EXHIBIT "A" TO DEED
(THE WEST ONE—HALF (1/2) OF THE FOLLOWING DF,SCRI4ED
PROPERTY)
BEGINNING at the northwest corner of Lot 1, Block 92, Town of La Porte;
said point being located on the south line of the West Madison Street Right -of -
Way and the east line of the North 8th St, Right -of -Way;
THENCE in a northerly direction, along the east line of the North 8th Street
Right -of -Way to its intersection with the north line of the West Madison Street
Right -of -Way; said point being the southwest corner of Lot 16, Block 101, Town of
La Porte;
THENCE in an easterly direction along the north line of the West Madison
Street Right -of -Way to its intersection with the west line of the North 71 Street
Right -of -Way; said point being the southeast corner of Lot 17, Block 101, Town of
La Porte;
THENCE in a southerly direction, along the west line of the North 7th Street
Right -of -Way to its intersection with the south line of the West Madison Street
Right -of -Way; said point being the northeast corner of Lot 32, Block 92, Town of
La Porte;
THENCE in a westerly direction along the south line of the West Madison
Street Right -of -Way to the POINT OF BEGINNING of the herein described tract.
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EXHIBIT "B" - DEED
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CUT -I —
ANOT TO Scaie
W. MADISON ST. CLOSING
(TOTAL R -O -W = 21,280 SQ. FT.)
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Legend
ABANDONED R -O -W
PARCEL
SOUTHWESTERN BELL TELEPHONE COMPANY
EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF HARRIS §
THAT THIS EASEMENT AGREEMENT is entered into by the undersigned, WALTER
E. JOHNSON [hereinafter referred to as "GRANTOR" (whether one or more)], and
SOUTHWESTERN BELL TELEPHONE COMPANY, a Delaware corporation, (hereinafter
referred to as GRANTEE"), wherein GRANTOR, in consideration of the sum of TEN AND
NO/100 ($10.00) DOLLARS, and other good and valuable consideration, receipt of which is hereby
acknowledged, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND
CONFIRM unto GRANTEE, its affiliates and subsidiaries, and their successors, assignees, lessees,
licensees and agents (hereinafter collectively referred to as "GRANTEE"), a permanent non-
exclusive 10' x 141' easement (hereinafter referred to as the "Easement") located in Harris County,
Texas, (hereinafter called "the Property"), and described as follows, to wit:
Being the 80' wide Madison Street Right -of -Way situated in the Johnson
Hunter Survey, Abstract Number 35, Harris County, Texas, being located
south of Lot 16, Block 101, of the Town of La Porte, according to the map or
plat recorded in Volume 58, Page 463 of the Deed Records of Harris County,
recorded under Harris County Clerk's 1I1e Number 20090078885, Film Code,
No. 010-68-0692 of the Official Public Records of Harris, County, Texas.
This agreement does not constitute a conveyance of the Property, nor of the minerals
therein and thereunder, but grants only an Easement subject to the following:
(a) This Easement is granted for the purpose of permitting GRANTEE to construct
operate, maintain, protect, repair, relocate, upgrade, replace, and remove such poles, guy wires,
anchors, and underground communications, data, video and information systems and lines,
circuits, and conduits, together with such other appurtenances thereto (collectively, the "Facilities"),
as GRANTEE may from time to time require upon, across, over, above, under and within the
Easement.
(b) GRANTOR further conveys to GRANTEE the following incidental rights and
powers: the right of pedestrian and vehicular ingress to and egress from said Easement utilizing
reasonable routes across the Property, including but not limited to the right to use existing and
future roads, parking lots, entrances and exits and all other paved areas of the Property; the right
to drain or sheet flow storm water runoff from the Easement onto the Property and/or into
existing and future storm water collection and drainage facilities located within the Property; the
right to clear and keep cleared trees, brush, and all other obstructions from the surface and
subsurface of said Easement; the right to place on the surface of the Easement manholes covers
flush with the surface of the Easement, poles, anchors and down guys, cable risers, connector
terminals, repeaters, testing terminals and route markers; the right to construct, operate and
maintain, service lines for electric power or license others to do so; and, the right to install,
maintain, and use gates in fences which cross said Easement and prevent GRANTEE's reasonable
access to the Easement.
LP -00115-M
Blocks 92 & 101
SWBT Easement
(c) GRANTOR, its/their successors and assigns, shall have the right to use the surface of
the Easement herein granted insofar as such use does not, in the reasonable judgment of the
GRANTEE, impair, interfere with or obstruct the use of the Easement by GRANTEE, or its
successors and assigns. GRANTOR hereby covenants that no excavation, building, structure or
other obstruction will be constructed, erected, built or permitted on surface of the Easement and
no change will be made in the grade, elevation or contour of the Easement; nor any tree planted
thereon, without the prior written consent of GRANTEE, which consent will not be unreasonably
denied, delayed or conditioned.
(d) During the period of installation, removal or replacement of the Facilities by
GRANTEE within the Easement herein granted, GRANTEE shall have the right to use as
temporary construction easements so much of the surface of the Property as may be reasonably
necessary for GRANTEE'S construction, installation, removal or replacement of said Facilities.
Following the initial installation of GRANTEE'S Facilities, and also after any later activities by
GRANTEE which affect the Property, GRANTEE shall promptly restore the grounds affected
thereby to as nearly as practicable the same condition that existed prior to such activity.
(e) The Easement granted hereby is subject to all valid and subsisting oil, gas, sulfur, and
mineral leases, unitization agreements, deeds, easements, rights-of-way, restrictive covenants,
mineral and royalty grants and reservations, or other instruments now of record which affect the
Easement.
(f) GRANTOR warrants that helshelthey are the owners of the Property occupied by the
Easement herein granted, and that GRANTOR has the right to make this conveyance and receive
the consideration therefor. GRANTOR covenants that GRANTEE may quietly enjoy the Easement
for the uses herein stated. In addition, GRANTOR hereby warrants and represents helshe/they have
no knowledge of the existence of past or present production, storage, treatment or disposal of any
toxic or hazardous waste or substance, or of hazardous/toxic waste contamination conditions
applicable to either the Easement or the Property.
(g) NOTWITHSTANDING ANY PROVISION OF THIS EASEMENT TO THE
CONTRARY, IN NO EVENT SHALL EIITiER PARTY BE LIABLE TO THE OTHER PARTY
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR
CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT
NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF
REPLACEMENT SERVICES, OR CLAIMS OF ANY OTHER THIRD PARTIES,
OCCASIONED BY ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR STRICT
LIABILITY.
(h) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and
against any and all claims, demands, or causes of action of whatever nature, asserted by others which
are caused by or arise in any manner out of acts or omissions of GRANTEE, its employees, or any
other persons acting under its control, in the use and occupancy of the Easement herein granted.
TO HAVE AND TO HOLD the above described Easement, together with all and singular
the rights and appurtenances thereto belonging, unto GRANTEE, its successors and assigns,
forever, and GRANTOR does hereby bind its self, and its heirs and assigns, to warrant and forever
2
LP -00115-M
Blocks 92 & 101
SWBT Easement
defend all and singular the Easement unto GRANTEE and its successors and assigns, against every
person whomsoever lawfully claiming or to claim the same, or any part thereof.
SIGNED AND EXECUTED this 1'jam_ day of 2015.
Walter E. Johnson
' 'vl
1ignature
M-1), .! 14 NS
Printed Name
Title
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally
appeared WaLreV- E . 42aw5o&-i 'known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me that
they executed the same for purposes and considerations therein expressed and in the capacity so
stated.
and f office this the iB�~ day of ►-lvvEM cam„ 2015.
o� Y°�e� CINDY L MOSS l� GG�j L
l O NOTARY PUBLIC, STATE Or TEXAS 1
MY COMMISSION EXPIRES Notary Publi�qWor e State of IeAA5
`11111
OF SEPT. 94, 2099ti M mmissionExpires
Owlrll�lll.Clllll./✓lrll./lll�
After Recording, Return to:
SWBT
Amanda Burns/Sonya Merrill
7602 Spring Cypress Rd.
Room 226
Spring, Texas 77379
LP -001 15-M
Blocks 92 & 101
SWBT Easement
Lot 9
JOHNSON HUNTER, LEAGUE, A-35 L°`
Lw i1 BLOCK 10f
— — GCBSX, LP — _ Lot at
2000978885 O.P.R.R.P.
F.C.t 010-68^0692
--- Lot rs----
Lot 14
JO' AERIAL
-EASEMENT_ _ - -
.Cot 19
tr
Ea.,l
MARGARITA RENE -q
Lot ra 20120320102 O.P.R.R.P. n.
F.C.# 034-48-0350
.Cot 17
25 0 25 50 75 — ------
SCALE IN FEET Lot 7 BLOCK 92
NOTE: 'WE EXTERIORS OF ALL FASE.MENrS ARE TO — — — — —
INTERSECT WRH THE EXTERIORS OF ALL ADJOINNG
EASEMENTS OR WFM ADJOINING PROPERTY LINES.
Bearing Basis:
Texas Coordinate System of
1983, South Central Zone
(fXSC Zone 4204); NA -0 83
Lot 24
REV.1:JOB NO. BY: DATE: I RGV.2:J013 NO. BY: DATE:
EASEMENT — UNOBSTRUCTED LAST PLOT DATE: 03/10/2015 CenterPornf Energy
COUNTY: HARRIS DRAWN BY: M.N.M. SURVEYING & RIGHT OF WAY
SURVEY DATE: 02/16/2015 MAP NO: 6254C4 P.O. Box 1700 Houston, TX 77251-1700
713-207-2222
SCALE: 1" = 50' JOB NO: 91484 Firm Number: 10027400
FILE NO. - BOOK. -2015 CHECKED BY: M.I.O. SKETCH NO. 15-0123
F
Lot r8
S 86'56'47" W — (125.00 Called)
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N 86'56'47" E — 125.00'
Lot 32
Lot f
—— — — — — — — — —
— 20140568553 O.P.R.R•P•
LEGEND
F.C.# 06.4-42-1824
—
y
o Fnd. I.R. w/ Pia. `
——
Cap marked "CCI"
aA
Unless Otherwise Noted.
w
Lot s a?
3
----------- �—
WALTER E:JaN;�s+-)N- —
Lot 29
20140357327 O.P.R.R.P.—
F.C.# 059-9110518
— — — ._-_ — — — —
__ - - - - - -
TOWN OF LA PORTS
Lot 5
Vol. 68, Pg. 463 M. -R.
-------------
25 0 25 50 75 — ------
SCALE IN FEET Lot 7 BLOCK 92
NOTE: 'WE EXTERIORS OF ALL FASE.MENrS ARE TO — — — — —
INTERSECT WRH THE EXTERIORS OF ALL ADJOINNG
EASEMENTS OR WFM ADJOINING PROPERTY LINES.
Bearing Basis:
Texas Coordinate System of
1983, South Central Zone
(fXSC Zone 4204); NA -0 83
Lot 24
REV.1:JOB NO. BY: DATE: I RGV.2:J013 NO. BY: DATE:
EASEMENT — UNOBSTRUCTED LAST PLOT DATE: 03/10/2015 CenterPornf Energy
COUNTY: HARRIS DRAWN BY: M.N.M. SURVEYING & RIGHT OF WAY
SURVEY DATE: 02/16/2015 MAP NO: 6254C4 P.O. Box 1700 Houston, TX 77251-1700
713-207-2222
SCALE: 1" = 50' JOB NO: 91484 Firm Number: 10027400
FILE NO. - BOOK. -2015 CHECKED BY: M.I.O. SKETCH NO. 15-0123
F
OPTION AGREEMENT
THE STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF HARRIS
Tl6
This OPTION AGREEMENT is entered into this ) ? day of Mb tom' , 2015
by and between WALTER E. JOHNSON, (hereinafter collectively called "GRAN'T'OR') and
SOUTHWESTERN BELL TELEPHONE COMPANY, a Delaware Corporation, (hereinafter
called "GRANTEE").
WITNESSETH:
WHEREAS, GRANTOR intends to acquire from The City of La Porte, all that certain
tract or parcel portion of the 80' wide Madison Street Right -of -Way, situated in the Johnson
Hunter Survey, Abstract Number 35, Harris County, Texas, being the 10' wide by 141' long
portion of the 80' wide Madison Street Right -of -Way, situated between Lot 1, Block 92 and Lot
16, Block 101, of the Town of La Porte, according to the map or plat thereof recorded in Volume
58, Page 463 of the Deed Records of Harris County; Harris County, Texas; (the "Properly").
WHEREAS, GRANTEE currently has certain aboveground and underground
telecommunications facilities (the "Facilities") located within the Property and desires to obtain
an easement for such Facilities; and
WHEREAS, GRANTOR has agreed to convey an easement to GRANTEE for the use of
the Facilities within the Property (the "Easement") pursuant to an easement agreement in the
form of the Southwestern Bell Telephone Company Easement attached as Exhibit A hereto (the
"Easement Agreement"); and
WHEREAS, GRANTOR cannot convey the Easement to GRANTEE until the City of La
Porte conveys title to the Property to GRANTOR and such instrument conveying title to the
Property (the "Deed") is recorded in the Official Public Records of Real Property of Harris
County, Texas; and
WHEREAS, GRANTOR is willing to grant to GRANTEE an option to acquire the
Easement pursuant to the Easement Agreement immediately after the recording of the Deed.
LP -00115-M
SWBT Option Agreement
Block 92 & 101
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
GRANTOR hereby agrees that immediately after the recordation by GRANTOR of the Deed
conveying the Property to GRANTOR, the Easement Agreement, shall become a valid, binding
and effective conveyance of the Easement to GRANTEE. GRANTOR has this date executed the
Easement Agreement and hereby agrees that GRANTEE may record such Easement Agreement
at any time in GRANTEE's sole discretion. GRANTOR further agrees that at the request of
GRANTEE, GRANTOR will execute and deliver a new easement agreement to GRANTEE in
substantially the same form as the Easement Agreement, for recordation after the recordation of
the Deed. Upon GRANTOR's acquisition of title to the Property pursuant to the Deed, this
Option Agreement shall be and shall constitute a covenant running with the Property for all
purposes and shall terminate only when fully executed counterparts of said Easement Agreement
are filed for record in the Official Public Records of Real Property of Harris County, Texas.
This Option Agreement and the terms and provisions hereof shall be binding upon GRANTOR
and GRANTOR's successors and assigns.
SIGNED AND EXECUTED this day of 1-00 1 , 2015.
Walter E. Johnson
&v� .. .. L4-.-4 -
ZL-V1-
Signature
11
Printed Name
Title
2
LP -00115-M
SWBT Option Agreement
Block 92 & 101
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally
appeared VALreR E. JOK"5pa , known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed
the same for purposes and considerations therein expressed and in the capacity so stated.
under my hand and seal -of office this the
CINDY L MOSS
* NOTARY PUBLIC, STATE OF TEXAS
o, MY COMMISSION EXPIRES
SEPT. 14, 2019
After Recordine Please Return To:
Amanda Barns/Sonya Merrill
SWBT
7602 Spring Cypress Rd.
Rm. 226
Spring, Texas 77379
LP -00115-M
SWBT Option Agreement
Block 92 & 101
10 t' day of 2015.
Ct; l Vbss-
Notary Pub ' m antW the State of ! x -4S
y ommission Expires
askins
& askins P.C.
ATTORNEYS and COUNSELORS
Knox W. Askins
Clark T. Askins
August 9, 2016
Mr. Corby Alexander
alexandere(ai laportetx.gov
Mr. Brian Sterling
SterlingB a�laportetx.gov
Ms. Gladis Sanchez
Sancheza a.laaortetx.aov
Mr. Walter Johnson
walter.iohnson(a)amegybank.com
Re: The east 141 feet of the former Madison Street Right -of -Way and alley, Town of La Porte, Harris
County, Texas
Dear Folks:
I enclose herewith a copy of the Deed Without Warranty from La Porte Commercial Properties, L.P. and
Bayport Enterprises, L.L.C., to City of La Porte, dated April 5, 2016 and recorded in the Harris County
Clerk's office under Harris County Clerk's File No. RP -2016-349740.
I also enclose a copy of my letter to Harris County Appraisal District rendering this property in the name of
City of La Porte.
Very truly yours,
Kim wl.wt��'Z"�Cvnc-
Knox W. Askins
KWA/am
Enclosures
cc: Mr. Hanson Gilan
hansongilanngmai I.com
702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218
281.471.1887 phone • 281.471.2047 fax • knoxaskins@comcast.net • ctaskins@swbell.net
askins
& as ins P.c.
ATTORNEYS and COUNSELORS
Knox W. Askins
Clark T. Askins
August 9, 2016
Harris County Appraisal District
ATTENTION: NAME/ADDRESS CHANGE
P.O. Box 922012
Houston, TX 77292-2012
Re: The east 141 feet of the former Madison Street Right -of -Way and alley, Town of La Porte, Harris
County, Texas
Dear Sir/Madam:
I enclose copy of Deed Without Warranty from La Porte Commercial Properties, L.P. and Bayport
Enterprises, L.L.C. to City of La Porte, dated April 5, 2016, and recorded in the Harris County Clerk's
office under Harris County Clerk's File No. RP -2016-349740.
Please place this property on your tax rolls in the name of City of La Porte as EXEMPT from taxation.
Thank you for your kind assistance in this matter.
Yours very truly,
Knox W. Askins
KWA:am
Enclosure
cc: Mr. Corby Alexander
alexanderc(a)laportetx. gov
Mr. Brian Sterling
Sterl ingBg I aportetx. gov
Ms. Gladis Sanchez
Sanchezg a,laportetx.gov
Mr. Walter Johnson
waiter johnsonAamegybank.com
Mr. Hanson Gilan
hansongilan(a),gmai l.com
702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1.218
281.471.1887 Phone • 281.471.2047fox • knoxaskins@comcast.net • etaskins@swbell.net
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RP -2016-349740
08/09/2016 ER
DEEM WITHOUTWARRANTY
$28.00
NO'I'I('I� Ol� ('(>Nl�ll)I•:N I I:U.I I•Y IZI(;I f'I ti: II� 1'Ul� :�ltl•.,� N,� I�l �IZAI. I'I�.IttiON, ti'Ol! X1:11'
RE*MOVU OR S•1 RIKE ANY O TI ll•: I OI.l.OWING INFORMA'I ION I�ROti1 -1111S
INS'I RUMI.N'I' I3EFORI•: I IS 1' ILED FOR RECORD IN 1•I 11: Pl 131.I(' REC ORDS: YOl 1tSOCIAL SI.;('t►R1'I'Y N( IMBER OR YO1'It I)RIVFIVS I.ICHNSI•: Nl WM131•:R.
Date: April i.21010
( 1-antors: La forte Commercial Properties. L.P.
1000 I'ptomi Park Blvd- 481 . l louston. I exas 771150
13.1\ port Enterprises. L.L.C.
1000 t 1pto" n Park I31\ d.. 481. 1 louston. •I•exas 77050
Orautce: ('itN ol, I .a forte
Mailing Address: 004 \1 est Vairmont Park\\a\. Lit Portc.'I•exas 77 71
('ollsideration.. This is a gilt b\ Grantors to the ('it\ 01' t.a Porte. to be used b\ the ('its• ofLa
Porte for right-of=\\ay purposes and as a Green licit Arca
Property t including any 1111PI-m ements):
I l IFFAS F I-II l la:I OI' I•l If:. FORMI-R IMA1)ISON S FRI"I:I• RIGIIT-OF-WAY
AND ALLEY. \VIIIC H WAS VACA'T'ED. A13AN1)ONI•:I) AND C LOST. -D BY
CITY OF LA PORI F ORDINANCE NO. 2016-1617. AND SUBSEQUENTLY
DFI:I)ED BY TI It. CI FY OF !.A PORI I• ' O TI IF GRANTORS I IFRHN. AND
IWING MOR PAR I•I('l11 ARI.Y iWS('RlliED BY N-IF'I ES AND B01 INDS IN
EXHIBIT -A- AT I A('l I11) I IFRF O AND AS SHOWN ON FIXI IIBIT -11-
A, 11 F. Itl•:•1'O.
Reservations from and IAception to Conveyance and Warranty. This conveyance is made subject
to all and singular the resu-ictions. conditions. oil. gas. and other mineral reservations. casements.
and coy mints. il*am . applicable to and enibi-ceable against the ubm e described property as rcllected
b\ the records ol'the count\ clerk of the aforesaid count .
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Grantor Ibr the consideration and subject to the reservations from and exceptions to conveyance.
conveys to Grantee the propert\ \\ithout express or implied �\arranty. and all warranties that might
arise by common lim and the \\ arrantics in §5.02.1 of the Texas 1'roper(N Code (or its successor) arc
exclucdccl.
IA PORTE COMMERCIAL
11ROPFR"I IFS. 1.11
\ A1,1'1:.R 1'. .
)I INSUN
Managing Menthcr
S FATl•: OWFXAS
('01 IN FY OF I IARRIS
BAYPOR I I:N] I:RI'RISFS.1..1..C.
A1. I I•;R F:. U(1NSON
Managing Member
Fhis instrument vkas ackno\%1cd9ccl helbre nic on the da\ oI' 4'-)()10. I,\
WA1. ITR F..101 INSON. Managing NIcmher 4)ITa forte Commercial Propeeics.1.1'.
fti.. BARBARA GAIL STOKES
MY COMMISSION EXPIRES
;.3 December30,2018
lie.
tita c of fcxa� '
S I ATI : OI. 11AAS
('OI;NTY O1: 11ARIZIS §
Ibis instrument was ackrumledged belbre me on (lie ,3 day of G�r.��--� 2016. b
WALTER F..IOI INSON. L.L.C.
We
A��M" fii BARBARA GAIL STOKES
MY COMMISSION EXPIRES
Depmber 30, 2018
AFTER RECORDING RETURN TO:
ASKINS K ASKINS. P.C,
P.O. Box 1 ? 1 X
.a forte. 'I X M72-1 2 18
Notary Public, State ot'l cvi,
PREPARED IN 7'IIF. LAW OFFICE W:
ASKINS & ASKINS. P.C.
P.O. Box 1218
I .a forte. 1A 77i72-1218
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EXHIBIT "A"
THE EAST 141 FEET OF THE FORMER MADISON STREET RIGHT-OF-WAY (80' WIDE), WHICH WAS
VACATED, ABANDONED AND CLOSED BY CITY OF LA PORTE ORDINANCE NO. 2016-3617, AND
SUBSEQUENTLY DEEDED BY THE CITY OF LA PORTE TO THE GRANTORS HEREIN, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO -WIT:
BEGINNING at the northeast corner of Lot 1, Block 92, Town of La Porte, said point being located
at the intersection of the west line of the alley in Block 92, Town of La Porte, and the south line
of the West Madison Street Right of Way;
THENCE in a northerly direction across the West Madison Street Right -of -Way, a distance of 80
feet to a point located at the intersection of the southeast corner of Lot 17, Block 101, Town of
La Porte, and the north line of the West Madison Street Right of -Way;
THENCE in an easterly direction along the north line of the West Madison Street Right-ot-Way, a
distance of 141 feet to its intersection with the west line of the North 7"' Street Right -of -Way;
THENCE in a southerly direction along the projected west line of the North 7" Street Right-ot-
Way, a distance of 80 feet to its intersection with the south line of the West Madison Street Right -
of -Way;
THENCE in a westerly direction along the south line of the West Madison Street Right -of -Way, a
distance of 141 feet to POINT OF BEGINNING of the herein described tract.
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EXHIBIT "B"
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Ro 00
= r
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1 inch = 100 feet
RP -2016-349740
# Pages 5
08/09/2016 08:27 AM
e -Filed & e -Recorded in the
Official Public Records of
HARRIS COUNTY
STAN STANART
COUNTY CLERK
Fees $28.00
r
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RECORDERS MEMORANDUM
This instrument was received and recorded electronically
and any blackouts, additions or changes were present
at the time the instrument was filed and recorded.
Any provision herein which restricts the sale, rental, or
use of the described real property because of color or
race is invalid and unenforceable under federal law.
THE STATE OF TEXAS
COUNTY OF HARRIS
I hereby certify that this instrument was FILED in
File Number Sequence on the date and at the time stamped
hereon by me; and was duly RECORDED in the Official
Public Records of Real Property of Harris County, Texas.
~L ti COUNTY CLERK
HARRIS COUNTY, TEXAS