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Home My WebLink AboutO-1996-2132 . . ORDINANCE NO. 96- 2132 AN ORDINANCE AUTHORIZING THE CITY OF LA PORTE TO DEDICATE CERTAIN DRAINAGE EASEMENTS TO THE PUBLIC, FOR THE PURPOSE OF FACILITATING DRAINAGE IMPROVEMENTS TO THE F-101 WATERSHED; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the easement dedications described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this rE~ference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. 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 is 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 Chapter 551, Tx. Gov't 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 its passage and approval, and it is so ordered. Section 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, O:\CLP\Harris County Flood Control Dist.\Ordlnance 1 Approving Easements ORDINANCE NO. 96-213211t . phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. PASSED AND APPROVED, this 26TR day of AUGUS'T ,1996. CITY OF LA PORTE ~~ i By: ~ -rL 'III anL.MIO~ Mayor ATTEST: ~X~ Sue Lenes, City Secretary O:\CLP\Harrls County Flood Control Dist.\Ordlnance 2 Approving Easements ORDINANCE NO. 96-21 . Metes and Bounds Description Proposed 230 Foot Wide Drainage Easement Dedicated to the Public 5.777 Acres (251,652 Square Feet) Johnson Hunter Survey, A-35 Harris County, Texas Being 5.777 acres (251,652 square feet) of land situated in the Johnson Hunter Survey, Abstract No. 35, Harris County, Texas, being out of Outlots 29, 30 and 31 and being out of "L" Street (80 feet wide), 12th Street (60 feet wide) and 14th Street (60 feet wide) as shown on the map or plat of the Nebraska Syndicate Subdivision, Harris~County, Texas as recorded in Volume 83, Page 345 of the Harris County Deed Records (H.C.D.R.). Said 5.777 acre tract being more particularly described by metes and bounds as follows with all bearings referenced to the Texas Coordinate System, South Central Zone; , BEGINNING at a point in the ex~sting westerly right-of-way line of State Highway 146 (S.H. 146) (width varies) and being in the existing southerly riglit-of-way, line of said "L" Street and the northerly line of that tract conveyed to Tennessee Gas Transmission Company as recorded in Volume 2980, Page 367, H.C.D.R.; THENCE, South 86056'43" West, 1,126.59 feet along the existing southerly right-of-way line of said "L" Street to a point for corner; THENCE, North 03003'17" West, 230.00 feet to a point for corner; THENCE, North 86056'43" East, 1,123.97 feet to a poi,nt for corner in said existing westerly right-of-way line of S.H. 146 and being in the arc of a non-tangent curve to the left; THENCE, along said existing westerly right-of-way line of S.H. 146, the following courses: Southeasterly, 80.01 feet along the arc of said curve to the left (Central Angle = OI035'31"; Radius = 2,879.79 feet; Chord Bearing and Distance = South 03004'26" East, 80.01 feet) to a point for corner; South 86056'43" West, 100.00 feet to a point for coiner; South 03003'17" East, 70.00 feet to a point for corner; North 86056'43" East, 101.03 feet to a point in the arc of a no~-tangent curve to the left; THENCE, Southeasterly, 80.02 feet along the arc of said curve to the left (Central Angle c 00015'59"; Radius = 17,203.73 feet; Chord Bearing and Distance = South 04010'41" East, 80.02 feet) to the POINT OF BEGINNING, containing a computed area of 5.777 acres (~51,652 square feet) of land. Compiled by: SURVCON INC. Houston, Texas Job No. 521-455 June, 1996 0-4 EXHIBIT "E" TIIAr.T 1 ORDINANCE NO. 96-21. e Metes and Bounds Description Proposed 160 Foot wide Drainage Easement Dedicated to the Public 1.143 Acres (49,793 Square Feet) Johnson Hunter Survey, A-35 Harris county, Texas Being 1.143 acres (49,793 square feet) of land situated in the Johnson Hunter Survey, Abstract No. 35, Harris County, Texas being out of Outlot 2 as shown on the map or plat of the Nebraska Syndicate Subdivision, Harris County, Texas as recorded in Volume 83, Page 345 of the Harris County Deed Records (H.C.D.R.). Said 1.143 ~cre tract being more particularly described by metes and bounds as follows with all bearings referenced to the Texas Coordinate Sy~tem, South Central Zone; COMMENCING at the point of intersection with the existing east right-of-way line of 16th street (60 f~et wide) and the existing north right-of-way line of "F" S~reet (Barbours Cut Blvd.) (80 feet wide) of said Nebraska Syndicate Subdivision and, being the southwest corner of said Outlot 2; THENCE, North 86056'43" East, 20.02 feet along the line common to the existing north right-of-way line of said "F" Street and the south line of said Outlot 2 to the POINT OF BEGI~ING, being in the proposed southeasterly right-of-way line of 16th street (100 feet wide); . THENCE, North 03004' 50" West, 52.02 feet along said proposed southeasterly right-of-way line to the beginning of a non-tangent curve to the right; THENCE, Northeasterly, 108.36 feet, continuing along said proposed southeasterly right-of-way line and along the arc of said curve to the right (Central Angle = 08016'41"; Radius = 750.00 feet; Chord Bearing and Distance = North 01005'06" East, 108.26 feet) to a point for corner; THENCE, North 86056'43" East, 305.16 feet to a pClint for corner; THENCE, South 03003'17" East, 160.00 feet to a point for corner in said existing north right-of-wa~ line of "F" Street; THENCE, South 86056'43" West, 312.94 feet, along said existing north right-of-way line to the POINT OF BEGINNING, containing a computed area of 1.143 acres (49,793 square feet) of land. Compiled by: SURVCON INC. Houston, Texas Job No. 521-455 June, 1996 D-4 ":.. .EXHIBIT "E" .TRACT 2 ORDINANCE NO. 96-21' . Metes and Bounds Description proposed 230 Foot wide Draina~e Easement Dedicated to the Publ1C 6.601 Acres (287,534 square Feet) . Johnson Hunter Survey, A-35 Harris county, Texas Being 6.601 acres (287,534 square feet) "of land situated in the Johnson Hunter Survey, Abstract No. 35, Harris County, ~L'exas, being out of Outlots 32 and 31 and "L" Street (80 feet wide) as shown on the map or plat of the Nebraska Syndicate Subdivision,' Harris County, Texas as recorded in Volume 83, Page 345 of the Harris County D~ed Records (H.C.D.R.). Said 6.601 acre tract being more particularly described by metes and bounds as follows with all bearings referenced to the Texas Coordinate System, SCluth Central Zone; BEGINNING at the common westerly corner of said "L" Street and that tract conveyed to Tennessee Gas Transmission Company as recorded in Volume ,2980, Page 365, H.C.D.R.; THENCE, North 03003'17" West, 230.00 feet along the westerly line .' of said "L" Street and the westerly line of said Outlot 32 to a point for corner; THENCE, North 86056'43" East, 1,250.15 feet to a point for corner; THENCE, South 03003'17" East, 230.00 feet to a point for corner in said existing southerly right-of-way line of "L" Street; THENCE, South 86056'43" West, 1,250.15 feet along said southerly right-of-way line of said "L" Street to the BEGINNING, containing a computed area of 6.601 acres square feet) of land. existing POINT OF (287,534 Compiled by: SURVCON INC. Houston, Texas Job No. 521-455 June, 1996 0-4 . EXHIBIT "F" ORDINANCE NO. 96-Zltlj NORTH E9 -p ill ill (l I-- d) I I-- ~ '-'" J 5 TREET ORDINANCE WILL AUTI-IORIZE DEDICATION OF TRACT5 TO TI-4E PUBLIC FOR DRAINAGE FURF05E5 1-4 5 TREET F21b e . DRAINAGE EASEMENT DEDICATION STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ Tttat CITY OF LA PORTE, a municipal corporation (hereinafter termed "City") by these presents does hereby dedicate unto the public, a perpetual permanent easement and right of way for drainage and flood control purposes, together with the right to construct, reconstruct, maintain and operate a drainage course in, upon, along, across and beneath property, such easement, right of way and property being more particularly described as follows, to wit: Three tracts of land more particularly being described on Exhibits E (two tracts) and F attached hereto, incorporated by reference herein, and made a part hereof for descriptive purposes (the "Property"). This easement shall be used by the public only for the purposes stated in this instrument. City, its successors and assigns, retain all other rights of use over the easement area. , Southern Pacific Transportation Company, in prior recorded instruments conveying a drainage easement (as to Exhibit F) to the public, has retained certain rights in connection with the fee underlying the easements conveyed herein. The rights reserved are more specifically set forth in that certain drainage easement to the City of La Porte, previously recorded at 5074520 in the real property records of Harris County, Texas. Anything herein to the contrary notwithstanding, this conveyance is made subject to all easements, leases, agreements or licenses which affect, the Property hereby conveyed and any matter which would be disclo.sed by title examination, survey, investigation, or inquiry. Said reservations specifically include the reservations by Grantor of their right to retain rentals and the rights to terminate any leases or pipelines (other than public utility pipelines) that cross over the property conveyed herein and continue on to appurtenant City Property. Any relocation of said leases or pipelines necessitated by the construction of public drainage improvements shall not be at City's expense. C:\CLP\Harris County Flood Control District\Drainage Easeament e . IN TESTIMON)}. WHEREOF, this instrument is executed effective as of the ~~+-Iv day of . UjU.s+ ,1996. CITY OF LA PORTE Q~ T~ ~~ Robert T. Herrera, City Manager ATTEST: By: ~~ Sue Lenes, City Secretary THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ ~ThiS instrument ~S acknowledQ<:,d before me on the 2~ day of , 1996, by J:S..t2 .ht..r-+ -r: ff-t2.r~.; as City Manager of the Ci of La Porte, Texas.. , ooooooooccc=c=:=ocooooc~c=ccc=oooo\ \ .',....... I'uIOL BUTTLER '...tI!!.~.. \P\O ..._11" ""'*' ..~. NOTARY ,."'....... i .{ ;-1 STAle OF TexAS 8 "'~ 'f,' ~,: COMMISSION EXPIRES 08-11-918 , , .. , . -o4CICI'DOOOOOCllOOOOOOO S toOe;,QooooooOOOO AFTER RECORDING RETURN TO: ASKINS & ARMSTRONG, P.C. P. O. Box 1218 La Porte, Texas 77572-1218 C:\CLP\Harrls County Flood Control Dlstrict\Orainage Easeament 2