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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
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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
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900£
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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
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