HomeMy WebLinkAboutO-2016-3629 Abandoning and Closing the Entire East/West and North/South Alley in Block 112; and a Portion of East/West Alley in Block 1113ORDINANCE NO. 2016-3629
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ENTIRE EAST/WEST AND NORTH/SOUTH
ALLEYS IN BLOCK 1112, TOWN OF LA PORTE, AND A PORTION OF THE EAST/WEST ALLEY IN BLOCK
1113, TOWN OF LA PORTE, ABANDONING IN PLACE AN EXISTING 8" SANITARY SEWER MAIN LOCATED
IN THE NORTH/SOUTH ALLEY OF BLOCK 1112, TOWN OF LA PORTE; AND AUTHORIZING THE EXECUTION
AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER; 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 to close certain rights-of-
way by the record owner of the property abutting the hereinafter described alleys in Block 1112, Town
of La Porte and Block 1113, Town of La Porte;
WHEREAS, the City Council of the City of La Porte has determined and does hereby find,
determine, and declare that the hereinafter described alleys in Block 1112, Town of La Porte and Block
1113, Town of La Porte, is not suitable, needed, or beneficial to the public as a public road, street, or
alley, and the closing of hereinafter described alleys in Block 1112, Town of La Porte and Block 1113,
Town of La Porte, is for the protection of the public and for the public interest and benefit, and that the
hereinafter described alleys in Block 1112, Town of La Porte and Block 1113, Town of La Porte, 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 253, Section 253.001, Texas Local Government Code, the hereinafter described
alleys in Block 1112, Town of La Porte and Block 1113, Town of La Porte, 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:
TRACT ONE:
Being a 4,144 square foot tract of land out of Block 1112, Town of La Porte, being more
particularly described by metes and bounds as follows:
BEGINNING at the southwest corner of Lot 21, Block 1112, Town of La Porte, said point
being located at the intersection of the easternmost line of the north/south alley in
Block 1112, Town of La Porte, and the north line of the West "K" Street Right -of -Way
(60' wide);
THENCE in a northerly direction along the west line of Lots 12 through and including Lot
21, Block 1112, Town of La Porte, a distance of 259 feet to its intersection with the
northwest corner of Lot 12, Block 1112, Town of La Porte;
THENCE in a westerly direction across the north/south alley of Block 1112, Town of La
Porte, a distance of 16 feet to its intersection with the northeast corner of Lot 31, Block
1112, Town of La Porte;
THENCE in a southerly direction along the east line of Lots 31 through and including Lot
22, Block 1112, Town of La Porte, a distance of 259 feet to its intersection with the
southeast corner of Lot 22, Block 1112, Town of La Porte, said point being located on
the north line of the West "K" Street Right -of -Way;
THENCE in an easterly direction along the north line of the West "K" Street Right -of -
Way, a distance of 16 feet to the POINT OF BEGINNING of the herein described tract.
TRACT TWO:
BEGINNING at the southwest corner of Lot 1, Block 1112, Town of La Porte, said point
being located at the intersection of the easternmost line of the Oregon Street Right -of -
Way and the north line of the east/west alley in Block 1112, Town of La Porte;
THENCE in an easterly direction along the south line of Lots 1 through and including Lot
11, Block 1112, Town of La Porte, a distance of 266 feet, along the north line of the
east/west alley in Block 1112, Town of La Porte, to its intersection with the west line of
the abandoned Montana Street Right -of -Way, said point being located at the southeast
corner of Lot 11, Block 1112, Town of La Porte;
THENCE in a southerly direction across the east/west alley of Block 1112, Town of La
Porte, a distance of 16 feet to its intersection with the northeast corner of Lot 12, Block
1112, Town of La Porte, said point being located on the west line of the abandoned
Montana Street Right -of -Way;
THENCE in a westerly direction along the south line of the east/west alley in Block 1112,
Town of La Porte, a distance of 266 feet to its intersection with the east line of the
Oregon Street Right -of -Way;
THENCE in a northerly direction along the east line of the Oregon Street Right -of -Way, a
distance of 16 feet to the POINT OF BEGINNING of the herein described tract.
TRACT THREE:
BEGINNING at the southwest corner of Lot 1, Block 1113, Town of La Porte, said point
being located at the intersection of the easternmost line of the abandoned Montana
Street Right -of -Way and the north line of the east/west alley in Block 1113, Town of La
Porte;
3
THENCE in an easterly direction along the north line of the east/west alley in Block 1113,
Town of La Porte, a distance of 92 feet to a point located on the south line of Lot 4,
Block 1113, Town of La Porte;
THENCE in a southerly direction across the east/west alley of Block 1113, Town of La
Porte, a distance of 16 feet to its intersection with a point located on the north line of
Lot 31, Block 1113, Town of La Porte;
THENCE in a westerly direction along the south line of the east/west alley in Block 1113,
Town of La Porte, a distance of 92 feet to its intersection with the east line of the
abandoned Montana Street Right -of -Way;
THENCE in a northerly direction along the east line of the abandoned Montana Street
Right -of -Way, a distance of 16 feet to the POINT OF BEGINNING of the herein described
tract.
Section 2. • The City of La Porte hereby abandons an existing 8" sanitary sewer main located within
the north/south alley of Block 1112, Town of La Porte;
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 ,,ZODAY O 2016.
By:
ATTEST:
Patrice Fogarty, Citye etary
APPROVED:
�Z' & e- -"
Knox W. Askins, City Attorney
CITY OF kA PORTE
R. Rigby
4
EXHIBIT "A" 9
TRACT NO, 2 E FAIRMONT PKWY TRACT NO. 3
1111 1112 1113
1114
rRACr NO. I
EKST
1119
a
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1121 W 1120 Z
a o 1118 z
O
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.
Effective Date: May 23, 2016
Grantor: City of La Porte, a municipal corporation
Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571
Grantee: First Assembly of God — La Porte, Texas, a Texas non-profit
corporation
Mailing Address: 316 E. Fairmont Parkway, La Porte, Texas 77571
Consideration: Ten and No/100 Dollars ($10.00) cash
and other good and valuable considerations
Property (including any improvements):
The entire alley in Block 1112, Town of La Porte, Harris County, Texas, and
a portion of the East/West alley in Block 1113, Town of La Porte, Harris
County, Texas, being further described by metes and bounds on Exhibit "A"
attached hereto and as shown on a Plat attached hereto as Exhibit `B",
reference to which is made for all purposes, which was vacated, abandoned
and closed by City of LaPorte Ordinance No. 2016- 3 b ( , approved by
the City Council of the City of La Porte on the 23'd day of May, 2016.
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:
CQi �J
Patrice Fogarty
City Secretary
Approved:
V"'-74 V ,r
Knox W. Askins
City Attorney
STATE OF TEXAS
COUNTY OF HARRIS
City of La Porte
By:
Corby exander
City Manager
This instrument was acknowledged before me on , 2016, by Corby D.
Alexander, City Manager of the City of La Porte, a municiptl corporation.
..........
otic` °� G DIS SANCHEZ
ID #130558701
'4CF MY Commission E)pires
February 24, 2020
AFTER RECORDING RETURN TO:
ASKINS & ASKINS, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
Notary Public, State of TeMs
PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C.
P.O. Box 1218
LaPorte, TX 77572-1218
EXHIBIT "A"
TRACT ONE:
Being a 4,144 square foot tract of land out of Block 1112, Town of La Porte, being more particularly described by metes and bounds as follows:
BEGINNING at the southwest corner of Lot 21, Block 1112, Town of La Porte, said point being located at the intersection of the easternmost line of
the north/south alley in Block 1112, Town of La Porte, and the north line of the West "K" Street Right -of -Way (60' wide);
THENCE in a northerly direction along the west line of Lots 12 through 21, Block 1112, Town of La Porte, a distance of 259 feet to its intersection
with the northwest corner of Lot 12, Block 1112, Town of La Porte;
THENCE in a westerly direction across the north/south alley of Block 1112, Town of La Porte, a distance of 16 feet to its intersection with the
northeast corner of Lot 31, Block 1112, Town of La Porte;
THENCE in a southerly direction along the east line of Lots 22 through 31, Block 1112, Town of La Porte, a distance of 259 feet to its intersection
with the southeast corner of Lot 22, Block 1112, Town of La Porte, said point being located on the north line of the West "K" Street Right -of -Way;
THENCE in an easterly direction along the north line of the West "K" Street Right -of -Way, a distance of 16 feet to the POINT OF BEGINNING of the
herein described tract.
TRACT TWO:
BEGINNING at the southwest corner of Lot 1, Block 1112, Town of La Porte, said point being located at the intersection of the easternmost line of
the Oregon Street Right -of -Way and the north line of the east/west alley in Block 1112, Town of La Porte;
THENCE in an easterly direction along the south line of Lots 1 through 11, Block 1112, Town of La Porte, a distance of 266 feet, along the north line
of the east/west alley in Block 1112, Town of La Porte, to its intersection with the west line of the abandoned Montana Street Right -of -Way, said
point being located at the southeast corner of Lot 11, Block 1112, Town of La Porte;
THENCE in a southerly direction across the east/west alley of Block 1112, Town of La Porte, a distance of 16 feet to its intersection with the
northeast corner of Lot 12, Block 1112, Town of La Porte, said point being located on the west line of the abandoned Montana Street Right -of -Way;
THENCE in a westerly direction along the south line of the east/west alley in Block 1112, Town of La Porte, a distance of 266 feet to its intersection
with the east line of the Oregon Street Right -of -Way;
THENCE in a northerly direction along the east line of the Oregon Street Right -of -Way, a distance of 16 feet to the POINT OF BEGINNING of the
herein described tract.
TRACT THREE:
BEGINNING at the southwest corner of Lot 1, Block 1113, Town of LaPorte, said point being located at the intersection of the easternmost line of
the abandoned Montana Street Right -of -Way and the north line of the east/west alley in Block 1113, Town of La Porte;
THENCE in an easterly direction along the north line of the east/west alley in Block 1113, Town of La Porte, a distance of 92 feet to a point located
on the south line of Lot 4, Block 1113, Town of La Porte;
THENCE in a southerly direction across the east/west alley of Block 1113, Town of La Porte, a distance of 16 feet to its intersection with a point
located on the north line of Lot 31, Block 1113, Town of La Porte;
THENCE in a westerly direction along the north line of Lot 31, Block 1113, Town of La Porte, a distance of 92 feet to its intersection with the east
line of the abandoned Montana Street Right -of -Way;
THENCE in a northerly direction along the east line of the abandoned Montana Street Right -of -Way, a distance of 16 feet to the POINT OF
BEGINNING of the herein described tract.
EXHIBIT "B"
NOT TO SCALE
r% r'�:• ��/moi/ F, */�J�J� �� // / /4 � 3;0.
TRACT NO. 2 E FAIRMONT PKWY TRACT NO. 3
fir
1111 1112%'!% 1113
1114
TRACT NO. 1
E K ST
1119
a
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1121 ° 1120 Z
0 Z 1118
R.C. Chuoke & Associates, Inc.
Appraisers & Consultants
P.O. Box 1447 Office- 281-338-9633
League City, Texas 77574 Fax- 281-338-9533
April 13, 2016
City of La Porte
P.O. Box 1115
La Porte, Texas 77572
RE: Restricted Appraisal regarding the estimated Market Value of the
entire alley in Block 1112 and the westernmost 92' of the east/west alley
in Block 1113, both in the Town of La Porte, Harris County, Texas.
Dear Sirs:
In accordance with your request, I have inspected the following described
property for the purpose of estimating the Market Value following described
property as of the date of this Restricted Appraisal. As per our agreement, the
data and analysis is presented in an abbreviated Restricted Appraisal format
and is not intended to contain the full analysis.
BRIEF LEGAL DESCRIPTION OF PROPERTY
Known as the entire alley in Block 1112 and the westernmost 92' of the east/west
alley in Block 1113, both in the Town of La Porte, Harris County, Texas Harris
County, Texas. (See site plan in addenda).
I hereby certify that I have personally inspected the property described via a
street inspection and that all data gathered by my investigation is from
sources believed reliable and true. In preparing this Restricted Appraisal, a
study of comparable sales and other related market data was performed.
.....Page 2 Continued......
It should clearly be understood that this letter only constitutes only a
statement of the final value and that does not presume to be the complete
analysis of the subject property nor a complete appraisal format and is subject
to the preparation of a detailed appraisal report.
The market values in the subject neighborhood appear to vary generally from
+-$2.00 PSF to over $6.00 PSF for tracts generally similar to the subject
property with locations that range from primary to secondary type roadways.
The area has general access public utilities. The subject site appears to be
generally flat and level. The subject property is not located in the 100 year
flood plain. The Highest and Best Use of the subject property is determined to
be for use as an alleyways and street right of ways or for use by adjacent
property owners due to its configuration. Adjacent property uses are
commercial and special purpose in nature. The immediately surrounding
property of the subject lots is currently used as a church facility. The client
and intended user of this appraisal is the City of La Porte only. The intended
use is to estimate the current market value of the subject property of this
analysis as described above for use in right of way abandonment procedures.
There has been no transfer of the subject property noted for the past 36
months per appraisal district records. The effective date of the appraisal is
April 10, 2016. The new effective date of the report is April 13, 2016. The
estimated exposure time is up to 24 months.
After a review of the comparable sales it is my opinion the estimated unit
value range of between $2.00 PSF to $4.00 PSF would be placed on the
subject property with a mid-range value of $3.00 PSF being indicated for the
subject property before any discounting. Therefore the unit market value of
the subject tract is estimated at $3.00 PSF which is based on 100% fee
simple ownership with no discounting applied.
Respectfully Submitted,
Chris Chuoke, President
R.C. CHUOKE & ASSOCIATES, INC.
t CenterPoint,.,
Enety
Houston
August 13, 2015
Chris Rhodes
Civil-Sury Land Surveying
5909 W. Loop South, Suite 200
Bellaire, Texas 77401
Re: Alley Closure in Block 1112, a Portion of an Alley in Block 1113 of the Town of La
Porte, and a Portion of Montana Street
File No. 91516
Dear Mr. Rhodes:
The City of LaPorte, Texas has been asked to close and abandon the alley located in
Block 1112 and a portion of the alley in Block 1113, in Town of La Porte, a subdivision
according to the map or plat thereof recorded under Volume 60, Page 112, of the Deed
Records of Harris County, Texas, and a portion of Montana Street.
CenterPoint Energy Houston Electric, LLC, CenterPoint Energy Resources Corporation,
d/b/a CenterPoint Energy Texas Gas Operations and CenterPoint Energy Intrastate
Pipelines, Inc., herein collectively called "CenterPoint Energy", has investigated the
request and determined that there are facilities located within the alley(s) to be
abandoned. However, the requestor has submitted payment for the removal of these
facilities. Therefore, once the facilities have been removed, CenterPoint Energy will
offer no objection to the abandonment of the shaded area(s) on the attached Exhibit
prepared by Civil-Sury Land Surveying.
This letter of no objection shall become null and void in the event two (2) years has
transpired from the above date, and this abandonment has not been completed.
CenterPoint Energy also respectfully requests that the City of LaPorte, Texas forward a
copy of the final abandonment ordinance to CenterPoint Energy in order that we may
complete our process and update our map records.
Yours truly,
Rosemary Valdez, SR/WA
Right of Way Agent
Surveying & Right of Way
713-207-6027
Enclosures
a `&t
January 22, 2016
Chris Rhodes
Civil-Sury Land Surveying, L.C.
5909 West Loop South
Spite 200
Bellaire, Texas 77401
AT&T Texas T: 713.943,4931
510 Arkansas Street F.- 713.943.5699
Room 200
South Houston, TX 77587
RE: "Consent to Abandon" of the 16' Alleys and Right -of -Way located at the address known as
316 E. Fairmont Parkway, Harris County, Texas, (R.O.W, Job # LP 00415-M)
Dear Mr. Rhodes,
Southwestern Bell Telephone Company (SWBT) offers No Objection to the abandonment
of the 16' wide alley from Oregon Street to Montana Street, and from Montana Street east 97 feet,
the 16' alley from K Street between Oregon Street and Montana Street, north 250', and the 175'
of Montana Street adjacent to and north of K Street, located within 2 tracts of land totaling 2.9534
acres, being all of Lots 1-31, Block 1112, and Lots 14 and the west 97 feet of Lots 29-31 of Block
1113, Town of LaPorte, according to the map or plat thereof recorded in Volume 60, Page 112 of
the DeedRecords of Harris County, Texas, and a portion of Montana Street as abandoned by Harris
county clerk's file No. V940646, in the J. Hunter Survey Abstract No. 35, City of LaPorte, Harris
County, Texas, as Shown on Exhibit pre�ared by Civil-Sury Land Surveying, L.C., and .described in
your Acceptance Letter dated March 23' , 2015.
I have included a Release of. Easement document for the release of Southwestern Bell
Telephone Company's interests in the Alley. The release is for the owner to keep and it will be
the owner's responsibility to have the release recorded. If you have any questions or need any
additional information pjease contact me at the above address or by telephone at 713 943-4931 or
by email at sm8285®att.com
S' cerely,
SonyaVerrill
Manager -Engineering Design
Right -of -Way
Attachment:
s
P—d Spnmw of IAc U.5. 01)%T!, T—
Comcast.
March 30, 2016
Ms. Brian Sterling
GIS Manager
604 W. Fairmont Parkway
La Porte, TX 77571
Re: No Objection to the closure of the following City of La Porte right(s)-of-way: 16
feet from Oregon Street to Montana Street and from Montana Street East 97 feet, 16
feet from "K" Street between Oregon Street and Montana Street heading north 250
feet.
To Whom It May Concern,
Please accept this letter as notification that Comcast of Houston LLC, herein referred to
as Comcast has no objections to the closure of the following City of La Porte right(s)-
of-way: 16 feet from Oregon Street to Montana Street and from Montana Street
East 97 feet, 16 feet from "K" Street between Oregon Street and Montana Street
heading north 250 feet providing that Comcast is compensated for the cost of relocation
of facilities and the wreck out of conflicting facilities within the limits of this proposed
closure. Please reference the attached exhibit of two tracts of land totaling 2.9534 acres
depicting the right-of-way to be abandon.
Please feel free to contact me at 713-637-5025 with any questions that you may have.
Sincerely,
e--4 lt-�-
Chris Grey
Construction Supervisor, Design and Serviceability
8590 W Tidwell, Houston, TX 77040
ABBREVIATIONS
H.C.C.F. - HARRIS COUNTY CLERK'S FILE
H.C.D.R. HARRIS COUNTY DEED RECORDS
H.C.M.R. HARRIS COUNTY MAP RECORDS
LENGTH
No. NUMBER
PG. PAGE
R.O.W. RIGHT OF WAY
S.F. SQUARE FEET
VOL = VOLUME
FND. FOUND
I.R. IRON ROD
C.I.R. CAPPED IRON ROD
LEGEND
EXHIBIT __, PAGE 1 OF 1 PAGES
0
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TEUEPHOHE CROLOSLIRE
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TELEPHONE CABLE MARKER
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GAS METER
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OAS VALVE
EASEMENTS, RESTRICTIONS, OR OTHER MATTERS OF RECORD
HAS BEEN PERFORMED BY THE SURVEYOR.
ELECTRIC BOX
011E
OVERHEAD ELECTRIC LINE
I=1 OVERHAND
EXHIBIT
OF TWO TRACTS OF LAND TOTALING
2.9534 ACRES
BEING ALL OF LOTS 1-31, BLOCK 1112, AND LOT 1-4
AND THE WEST 97 FEET OF LOTS 29-31 OF BLOCK
1113, TOWN OF LA PORTE, VOLUME 60, PAGE 112, OF
THE H.C.D.R., AND A PORTION OF MONTANA STREET AS
ABANDONED BY H.C.C.F. No. V940646, IN THE
J. HUNTER SURVEY
ABSTRACT N0. 35
SCALE 1' 60' CITY OF LA PORTE, HARRIS COUNTY, TEXAS
EAST FAIRMONT PARKWAY
(im 1tLT .m4 P1AT •f -1 sMEET, pm
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N 86'5549' E 423.00'
LINE TABLE
LINE # DIRECTION LENGTH
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L2 N 3'04'11' W 25.00'
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NOTES
1. THIS SURVEY WAS PREPARED WITH THE BENEFIT OF A TITLE
REPORT PREPARED BY ABSTRACT SERVICES OF HOUSTON, FILE
C I V I L -S U R V
No. 2014-09-0010, DATED SEPTEMBER 09, 2014, WITH
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REGARD TO ANY RECORDED EASEMENTS, RIGHTS-OF-WAY OR
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LAND SURVEYING, L.C.
SETBACKS AFFECTING THE SUBJECT PROPERTY. NO
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ADDITIONAL RESEARCH REGARDING THE EXISTENCE OF
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5909 WEST LOOP SOUTH, SUITE 200
EASEMENTS, RESTRICTIONS, OR OTHER MATTERS OF RECORD
HAS BEEN PERFORMED BY THE SURVEYOR.
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BETLIIRE, TEXAS 77401
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PH. (713) 839-9181; FAX (713) 839-9020
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2. BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS
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COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE.
AREAS OF PROPOSED ABANDONMENT
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