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HomeMy WebLinkAboutO-1996-2085 . . {<,1.tho-rJ A f.- 7he-lma- Pe-r~c-o ( A ~e., BI ~ U Drl ve.- l. p /1S;1 --- 1:Jy "/LV) ~II oeh - ----- -.----- - . --- . - -----. . - . ---- ~ P, ~e (6/u-F~ L P II S-, J ----' f [11z.ahe-& t lAJtl.~OVlS (\\ I, . 5j ...::J::1""vl VU . . ORDINANCE NO. 96- 2085 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF PINE BLUFF DRIVE, IN THE TOWN OF LA PORTE, BARRIS COUNTY, TEXAS; 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 record owner of all of the property abutting the hereinafter described portion of Pine Bluff Drive, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of pine Bluff Drive; 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 Pine Bluff Drive, 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 po!tion of pine Bluff Drive, 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 pine Bluff Drive, 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 Pine Bluff Drive, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned and closed by the City of La Porte, to-wit: Being that portion of pine Bluff Drive forty-foot (40') right- of-way, bounded by the shoreline of Galveston Bay on the East; 133.60' being all of the North line of Lot 23, Block 8, pine BlUff, on the South; and the East 112.00' of the South line of Lot 4, Block 6, on the North; containing 3,260 square feet, more or less, The plat of Pine Bluff subdivision is recorded in Volume 572, Page 277, of the Deed Records of Harris County, Texas. A plat of the right-of-way is attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. . ORDINANCE NO. 96- 2085 . PAGE 2 SAVE AND EXCEPT: The City of La Porte saves and excepts a ten foot (10') wide easement being five feet (5') on either side of an eXl.sting two inch (2") diameter Entex gas line, for the use and benefit of Entex, its successors and assigns. 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, 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 3. This ordinance shall be effective from and after passage and approval. PASSED AND APPROVED, this 8th day of January, 1996. By: ATTEST: ~ Sue Lenes City Secretary ~.o-;/ A~:-J Knox W. Askins City Attorney ,.. =30' Scale: This properly is nol located in Ihe 100 'r flood plain. & is ;n ;nsur. . role map z.x. as per map Doled ---:E~ ---r: . wood unless 01. Ise.. Nale: All fences are 6'" 'f S10tt G"'l. 'IE 1;~\~~."~J ~... . r~ i~<:I':."I V'y9J' LOT 24 BLOCK 8 I ..... CI) L:i '1'tl,lk. F"e^'C.t. ... I ~ LOT' 23 ~ .- If.' Wuod. F.....u:. 40' R.O.W. To Be Vacated l>o' io :i ~ I' LOT 4 BLOCK 6 0/." I' 5,,11a \.'" Lo~ L.".. c...\ "j(" In c.-.., Lo+ L.".. E/2 LOT 22 I 1,0' (.' ::. <-."\ Note: - Basis far Bearings: assumed os plaited - Distances shawn are ground distances - All abslracting done by Iille compony I hereby certify Ihal Ihis survey was made on Ihe ground under my supervision on Mar. 3I.199~ and Ihal Ih;s pial represenls Ihe facls found 01 Ihe IIme~ of survey. '7), D. r" (}J~ [, West R,P.L.S, No, 1229 4-/11 /94- / Dote ".AII 01 Lots 23 -- & 24 e/2 Lot 22 ..-..- - ...,- PINE BLUFF ,."'"" GALVESTON TEXAS ~ 1 PINE BLUFF IUiL COP"r. ....,..,.,. (V" 9-r:ULLETT & ASSOCIATES. INC, p,O, DOX 230187 1l0USTON, TEXAS 77223 (713) 044-3219 . FAll (713) 84'-494~ ORA"" 8" ,11(;1) ORA ~fNG NO: 940<<u0II EXHIBIT A . BAY , /'1 = /~ ~~J$~~ l I ., 94 -Cl3 + GALVESTON \ ~C!- ....- _.- + ~~-j _, ..... ._ .. ..l \ _ ~ I} /_~2. -,\~~\~:\ - - ~ ..r ~ \ 0'1 .____-~~~-r 'r2807 ~ '\ \\ . I /7 \ \ .-) ftP L, (' r~ \~ = ;J\I~k ~~~ \\ ./.,--- ......r"----. 2 '" / J { =LJ ~ (/ 28"~",_ 2815 \ ) ~'~_~/~- ~I' .~ ~ 10=r -~_~ ~D 1, =,6 In:-' \\~ \ = 2822 -i. 281~ ~ \' ~ \ 17= 8111iil /.. 'i\~r = r-lIlr2-1/~ 2 \ ~ \ :J I _ ./ P/ ~j I> ~ 1\\ ? IJ r _ I_~) _... \ ( --== ~,2~ 'J1'1 ~ :. H~~' d..- r. \1 ~ , i~/4 It(""' ~ 17 'R /y -/11 ~~\~ I . ~' ...... ~ . 2902[') I r 3 ~\ . I I ~ 107 n :.....l He. ,- ~t ~ '\ ( ;) 8,6 - \ I~ I-J IL -'1 c~'" l\ '\ , I /' 1\' ~ ~ ~ -" I' -I \ \ \ Y --00-"-"- rl?< ,24 ~r>l f. " 20(:: , ;;7~ 1 \ ~ . ~~L \? } 1\ ~QI,J~.~' Yr:~ 2 L~ r" '---'---' 1 ~ . ._=h-o I. __ ~ .~ --.~./ AV 7~/X ~x ,~ ~ : 9,3 ,2 ~/~//)\~&A ____ /........ 1 . I /3, 1/4 Il ~ ~ 17 I~ 19 I 20 ~ 21 . 1121 23 ~ ~ \ L~ ':1\ ~I\l'" ~3 ". ': ~'-I~~ \ I l..l.-. L-l, I) OJ ~ I _,// I ,-, l~ '\~ \ I 22 I 22/" rL :\~';; _ 30051 3002 / . .- ) ,J "-. . , ./'..-L 3007 - ~..~ - --~} ~ = ~ 2 "",.II ,.., 2 {I '5 ~o -,- r ,-- - ~ - e Citty o~ ILa JPoJrLte Established 1892 January 3, 1996 City of La Porte City Hall La Porte, Texas Re: Joint Application of Richard A, Percoco & Thelma Per coco and Brian Tulloch & Elizabeth Watkins Rogg to Close a Combined 3,260 Square Feet of 40' R.O.w. of pine Bluff Drive Terminating at the Galveston Bay Shoreline. Gentlemen: In connection with our application to the City of La Porte to vacate, abandon and close the above described portion of pine Bluff Drive, this letter is to acknowledge to the City of La Porte, that we, as applicants, are aware that, on the plat dedication of Pine Bluff Subdivision, by the owner, John Martin, on May 6, 1924, Mr. Martin reserved the fee in the streets and alleys, subjec't to the public dedication "for ordinary passage and traffic". We further acknowledge to the City of La Porte our understanding that any action by the City Council of the City of La Porte, vacating, abandoning and closing the above described portion of the right-of-way of Pine Bluff Drive, is essentially a quit claim and disclaimer by the City of La Porte of the right of the public to such portion of pine Bluff Drive, and is without warranty, either express or implied, by the City of La Porte, as to its title to such public right-of-way. We, the undersigned, in consideration of the closure of the above described portion of right-of-way by the City of La Porte, do agree to release and save and hold harmless the City of La Porte from any claim or liability arising out of such street closing. Yours very truly, P,O. Box 1115 0 J ~ This property is not located in . the 100e flood plain, & is a in 'in sur. rote mop zone X, ""ote: os per mop ., Doted Scale: I" = ~o' . All fences ore 'wood unless o'ise noted, ---C~ ---c LOT4. BLOCK 6 stot! G~l."E 6 '" 'i C.O'f'lC-. \ B...\I<~ddJ ~e- , (~ te.~~1I\ ve.. .".1 r LOT 24 BLOCK 8 I .... CI,) ~ ~'Chll<, F".e.~< 40' R.O.W. . To Be Vacated , ~ I m Loi- 23 ~ If.' WOOcl Fe.\'\t.e C",,-\- "'/..,. in ~c... , "rm~" '-: .',,: ";6: : ',' , . ,.,..' . ,:' . '-:" i' " ,', t~',....' " . ~ ':J ,.:: '::s .0:, ' : .. ,.J "0 ' '. rn : . .~,~" , ~,,' ' '. ~ : .,,'~,', ' ,Q:. ' ,-r, " :: "0' , ..s: " .. ,0- \II ' , " ,<3: ' 5etS"fa" \,R. Lo~ L',nc. La+- 'Line. E/2 LOT 22 \,c:i sd,r;./8"\~' [.,': "<J ~~ tx h.(i~ 11-, -.. F;-/-e-v.)} ~ ~ - 1 ~ --:uJ'5" ------ Note: - Basis for Bearings: assumed os plotted - Distances shown ore ground distances - All abstracting done by title company COlWnl SCCIlOH: I hereby certify that this survey was made on the ground under my supervision on Mar.?J~ 199~ and that this plat represen ts the facts found at the time of survey. 7). 0, [.' (;J~ E. West R.P.L.S, No, 7229 4-1/1 /94- , / Dote Loe All 01 Lots 23 'UICK: & 24:E/2 Lot 22 RGOROo\IIGN: -- PINE BLUFF - 1 PINE BLUFF nIlE CQI&l'ANrl OJ,' GALVESTON TEXAS ~ 9(ULLETT & ASSOCIATES, INC. p,o, BOX 230187 HOUSTON, TEXAS 77223 (713) 644-3219 · FAX (713) 644-49415 DRAWN BY: A/frD ORA WING NO: 94040406 EXHIBIT A ORDINANCE NO. 96- 2085 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF PINE BLUFF DRIVE, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; 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 record owner of all of the property abutting the hereinafter described portion of Pine Bluff Drive, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of Pine Bluff Drive; 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 Pine Bluff Drive, 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 Pine Bluff Drive, 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 Pine Bluff Drive, 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 Pine Bluff Drive, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned and closed by the City of La Porte, to-wit: Being that portion of Pine Bluff Drive forty-foot (40 ' ) right- of-way, bounded by the shoreline of Galveston Bay on the East; 133 . 60 ' being all of the North line of Lot 23 , Block 8 , Pine Bluff, on the South; and the East 112 . 00 ' of the South line of Lot 4 , Block 6, on the North; containing 3 , 260 square feet, more or less . The plat of Pine Bluff subdivision is recorded in Volume 572 , Page 277 , of the Deed Records of Harris County, Texas . A plat of the right-of-way is attached hereto as Exhibit "A" , incorporated by reference herein, and made a part hereof for all purposes. ORDINANCE NO. 96- 2085 PAGE 2 SAVE AND EXCEPT: The City of La Porte saves and excepts a ten foot (10 ' ) wide easement being five feet (5 ' ) on either side of an existing two inch (2") diameter Entex gas line, for the use and benefit of Entex, its successors and assigns. 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, 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 3 . This ordinance shall be effective from and after passage and approval . PASSED AND APPROVED, this 8th day of January, 1996 . C, Y OF LA POR BY: )i////Af ,I.. ./ ,o an L. is one, . . .or ATTEST: ,.�..��...Nv S-c—R___ n2L-12-7-- .\_,1 1. POR jF1�,1 ' 11 Sue Lenes $ •.jII City Secretary i ii% . /C APP 0 ED: r I,1q••' 1 Knox W. Askins City Attorney the 100 r flood plain, k is in insur. . rate mop : (, Note: All fences are ' wood unless at. Ise as per mop Doted �/, ki LA ,- �ES1O , G i'`L If (;Ili Kta gid M: 04 i `. • fl ,o"e q 04 175fli g 1k l�.s1 I � ( . I it a� ,', LOT 24 g I #� I.o' BLOCK 8 . 10?--f . M IS 1 i co LOT 23 W 40' R.O.W. s ".Fk � To Be Vacated ,_,v‘.4 a gam„ Fcn,,,,_ LOT 4 BLOCK 6 , ;CC : • Sri s/3'.(1;. C,.i"K" •14.: O _. Lor L.na •' :. .( L01 L.,1e. E/2 LOT 22 -c 0,_ V N • . V Ser she'(C„ i.•.:•:: ' I Note: - Basis for Bearings: assumed as plotted - Distances shown are ground distances - All abstracting done by title company I hereby certify that this survey was mode on the ground underOF my supervision on Mar.31199¢ and that this plot represents the .sP,C�i5}iq F,-1,9 facts found at the time of survey. y,•Nr`s . ra...+ ,_ II D. E. WEST /) J . • l// /J,..) < / ii/,¢ n 1229 .1,...:,:g_ D. E. West R.P.L.S. No. 1229 Dote/ (9"��suR� -0 ,,,,All Of Lots 23 .... •i°°"°R"' n:cw. E.24 Eft Lot 22 PINE BLUFF RCOOOJPOR CgMM n.m ' GALVESTON TEXAS ACORITS an, (ow. 1 PINE BLUFF LA PORTE 77571 WULLETT & ASSOCIATES, INC. P.O. DOR 230187 HOUSTON, TERAS 77227 (713) 244-3218 • FAX(713) 844-4845 oaAINi er: Afct) &RAKING NO:94040406 EXHIBIT A lak • - _ -r , I 1 e 4.i /zl 11-- 3 z Agit Loo£ — j 200£ 1- _ i ? 900£ / / Z / ZZ , / �- P6 - - --... . r, £01 in 611 Lzl 1 1 eV r Mt% iR J . ft `�ikt iii.021 ; (-1 „; 1 ' 901 ,r 0II ._______________ . _, J -----) ; \__ �u</7 ��/���� �u�� L /' .. - _•3 D g 9Z r-. . ) I . 98 ,� ` o• La UJ _____, • \�WIN 1 ,• • �� /1 / 6/ 4I Com/ /,/ ELI lig OII r r AVE, 1 N01 S3/1 7dS z 2/1-a ii ■ 1 811 , B J . \ 0 §. /1:-LL Ji - �-{ -�Op t, f of 1+ —1_ • ( sin `.alez .., _ :1/4-----c7-\.,_.,..„..\ [---- • ut________J\ C. /gyp ' I LVOZ re 17 /J eiji:"% 0 //�nr ,� � aty ®"�" La Poe Established 1892 q %' '' ;ii:111° ' January 3 , 1996 City of La Porte City Hall La Porte, Texas Re: Joint Application of Richard A. Percoco & Thelma Percoco and Brian Tulloch & Elizabeth Watkins Rogg to Close a Combined 3 , 260 Square Feet of 40 ' R.O.w. of Pine Bluff Drive Terminating at the Galveston Bay Shoreline. Gentlemen: In connection with our application to the City of La Porte to vacate, abandon and close the above described portion of Pine Bluff Drive, this letter is to acknowledge to the City of La Porte, that we, as applicants, are aware that, on the plat dedication of Pine Bluff Subdivision, by the owner, John Martin, on May 6, 1924 , Mr. Martin reserved the fee in the streets and alleys, subject to the public dedication "for ordinary passage and traffic" . We further acknowledge to the City of La Porte our understanding that any action by the City Council of the City of La Porte, vacating, abandoning and closing the above described portion of the right-of-way of Pine Bluff Drive, is essentially a quit claim and disclaimer by the City of La Porte of the right of the public to such portion of Pine Bluff Drive, and is without warranty, either express or implied, by the City of La Porte, as to its title to such public right-of-way. We, the undersigned, in consideration of the closure of the above described portion of right-of-way by the City of La Porte, do agree to release and save and hold harmless the City of La Porte from any claim or liability arising out of such street closing. Yours very truly, )Qt Sk V.UtiOC.0 is 0 d A. Perco . , ' / / T lip ma Pe c o Le Bran Tullo •I , ..?',__. .,. 4-tt•k_ tiO all& • /4.4 .. tow Elizabdth Watkins Rogg P.O. Box 1 115 ° La Porte, Texas 77572-1115 0 (713) 471-5020 OF AO A. It" 1:4 Certification of Public Record I, the undersigned authority, do hereby certify the attached document is a true and correct copy of the original Ordinance Numbers 1996-2085, passed and approved by the City Council of La Porte and kept by the City Se . etary's Office of the City of La Porte, Texas. ee d ard, 'ecretary, . Arte, Texas Dat- (City pF•LA PpR���1, Sear e \l / 5,*( 14'1 119,) • .•��.�JJ Nz;\\OtJN1�_1