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Home My WebLink AboutO-1995-2033 . e ORDINANCE NO. 95-2033 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF WEST "F' STREET, IN THE TOWN OF lA PORTE, HARRIS COUNfY, TEXAS; FINDING COMPUANCE WITH THE OPEN MEETINGS lAW; AND PROVIDING AN EFFECTIVE DAlE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by record owner of all of the property abutting the hereinafter described portion of West"F Street, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of West "F" Street; 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 West "F' Street, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street and alley, and that the closing of the hereinafter described portion of West ''F' Street, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of said West "F' Street, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF lA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described portion of West "F' Street, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned and closed by the City of La Porte, to-wit: Being the southernmost 64' of the right-of-way of West "F' Street located between Block 124 and 141 and the residual of Blocks 123 and 142; Town of La Porte, Harris County, Texas, and between the east right-of-way line of SH 146 and the west right- of-way line of 8th Street. Said property being further described by map illustration attached to this ordinance, identified as Exhibit A and fully incorporated by reference herein. e e Ordinance 95- 2033 Page 2 of 3 Section 2. 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, Article 6252-17, Texas Revised Civil Statutes Annotated; 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 3. This ordinance shall be effective from and after its passage and approval and it is so ordered. Applicant shall have thirty (30) days from the effective date hereof to pay the City in certified funds, the sum of $63,794.25 as consideration hereunder. Applicant shall, within thirty (30) days from the effective date hereof, execute Ordinance No. 95-2033- A, a license agreement. Applicant shall have thirty (30) days from the effective date hereof to deliver a letter from Joseph A Camp and Pauline Martin Camp withdrawing their application of street closing and offering no objection to the closing of sixty four (64) feet of West "F' Street for the benefit of the remaining applicant, Rahul and Amita Desai and further agreeing to save and hold harmless the City of La Porte from any other claims that may arise against the City in vacating, abandoning and closing the above described right-of- way. The City Secretary shall not issue a certified copy of this ordinance until such payment is made and license agreement executed. H such payment has not been made or if the e . Ordinance 95- 2033 Page 3 of 3 specified license agreement has not been executed within thirty (30) days from the effective date hereof, this ordinance shall be null and void. PASSED AND APPROVED, this ~ tl day of VV'\ ~--' 1995. ~ OF LA PORTE BY 11/"-1 ~~ 'Orman L. -MaIo e, Mayor AlTEST: s.. ~ City Secretary APPROVED: 6:~ tJ City Attorney . e - w. "E'!- ST. -= , I . - 7D ~ C/J ] ('oj llQ 0 a:: 0 ~ - .... ca fil ('oj ~ llQ en 0. 9 co a:: 0 0 n - s 124 125 N en . 9 C/J 0 ~ I I SAVE & EXCEPT 16' UTILITY CORRIDOR I I ~ ~------~---------------- w. " F' ST. \ ~ 6 , ~ ..... m " 0 a:: I PROP. RIGHT -OF-WAY CLOSING I e ~ fa . en 9 - 0 Vi 0 ..... 142 m 141 140 0 a:: .e. fa en 9 0 w. " C" ST. fa ~ fil~ SAC-95-o1 en en 9 .l 9i 0 0_ EXHIBIT A . e ASKINS & ARMSTRONG. P. C.' ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORTE. TEXAS 77572-1218 KNOX W. ASKINS ~OHN ~ ARMSTRONG TELEPHONE 713 471-1886 TELECOPIER 713 471-2047 May 10, 1995 Ms. Sue Lenes City Secretary City of La Porte City Hall La Porte, Texas Dear Sue: Since the Camps did not elect to take their portion of the closing of West "F" Street, it will be necessary to give the Desais, in addition to a certified copy of Ordinance No. 95-2033, a Quit Claim Deed. Please have Mr. Herrera sign the enclosed Quit Claim Deed before a notary, and then you should attest the Deed. When the Desais pay their money and comply with the other conditions of Ordinance No. 95-2033, give them a certified copy of Ordinance No. 95-2033, and this Quit Claim Deed. Keep the copy for the City's files. ~rY truly, Knox W. Askins City Attorney City of La Porte KWA: sw Enclosure . Zf~ 'ii' "Jaf L-., S:tt ~)JJ- 1k rL' ;- /A . ~ ~>11rY c.n C rM~ ..J ~ -to~, ~71 LE-- f . e QUIT CLAIM DEED THE STATE OF TEXAS { { COUNTY OF HARRIS { That the CITY OF LA PORTE, a municipal corporation, for and in consideration of the sum of Ten Dollars e$lO.OO) cash and other good and valuable considerations, the receipt of which is hereby acknowledged, does, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said RAHUL DESAI and wife, AMITA R. DESAI, their successors and assigns, all "of its right, title and interest in and to that certain lot, tract or parcel of land lying in the County of Harris and State of Texas, described as follows, to-wit: THE SOUTH SIXTY-FOUR FEET eS.64') OF THE RIGHT-OF-WAY OF WEST "F" STREET BETWEEN BLOCKS ONE HUNDRED TWENTY-FOUR (124) AND ONE HUNDRED FORTY-ONE (141), AND BETWEEN THE RESIDUAL OF BLOCKS ONE HUNDRED TWENTY -THREE (123) AND ONE HUNDRED FORTY-TWO (142), TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, AND BETWEEN THE EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146 AND THE WEST RIGHT-OF-WAY LINE OF 8TH STREET; SAID PROPERTY BEING FURTHER DESCRIBED BY MAP ILLUSTRATION ATTACHED HERETO AS EXHIBIT "A" AND FULLY INCORPORATED BY REFERENCE HEREIN. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said RAHUL DESAI and wife, AMITA R. DESAI, their successors or" assigns, forever, so that the CITY OF LA PORTE, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. ( . e WITNESS MY HAND, this 8th day of May, 1995. ATTEST: S,~~~"J SUE LENE City Secretary STATE OF TEXAS { { { COUNTY OF HARRIS CITY OF LA PORTE By: G<~ T. ~ ROBERT T. HERRERA City Manager This instrument was acknowledged before me on the lsit!::: day of J'Y){.lA\;- _60_, 1995, by ROBERT T. HERRERA, City Manager of the CITY ~ municipal corporation, on behalf of the City, in the capacity therein stated. ,:;;:;;;.o~o~o~;o;~ aoaol" :.: * :,..: NOTNIY' PUBLIC :. i:.: .:: STATE OF TEXAS ...~..{f;" COMMISSION EXPIRES OI-tt-971 ..... aOOOOODODOOOOOOOOQOOOQOOCOOOOQOOOQ ADDRESS OF GRANTEE AFTER RECORDING RETURN TO: Rahul Desai, Et Ux PREPARED IN THE LAW OFFICE OF: ASKINS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 ce c_ I I w. "g?- ST. ~ I . E-... 'cD VJ N CIQ c:i a:: - e ,.c co Q N ~ ClC ~ en c:i 0 co ..... a:: (.) 0 n - s 124 125 N . tn VJ :3 I (.) ~ I I SAVE & EXCEPT 16' UTILITY CORRIDOR I I ~ -------~---------------- w. " P' ST. \ ~ ~ , ~ Q ,.... m '" Q a:: I PROP. RIGHT -OF-WAY CLOSING I s ~ I e : en 9 - (.) VJ. 0 ,..., 142 m 141 140 c:i a:: 0 - S tn :3 (.) w. " en ST. r ~ ~ Qg ~s; SAC-95-o1 s ~ Sri (.) (.)- EXHIBIT A