HomeMy WebLinkAboutO-2016-3630 Abandoning and Closing a Portion of the East "A" Street ROW and Authorizing the Execution and Delivery of a DeedORDINANCE NO. 2016-3630
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE EAST "A" STREET
RIGHT-OF-WAY 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 by the record
owner of the property abutting the hereinafter described portion of the East "A" Street Right -
of -Way, 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 the East "A" Street Right -of -
Way is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the
closing of hereinafter described portion of the East "A" Street Right -of -Way is for the protection
of the public and for the public interest and benefit, and that the hereinafter described portion
of the East "A" Street Right -of -Way 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 portion of the East "A" Street Right -of -Way 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:
Being a 7,500 square foot tract of land out of the East "A" Street Right -of -Way, Bayfront
Addition to La Porte, being more particularly described by metes and bounds as follows:
BEGINNING at the southwesterly corner of Lot 14, Block 85, Bayfront Addition to La
Porte, said point being located at the intersection of the easternmost alley line of Block
85, Bayfront Addition to La Porte and the northerly line of the East "A" Street Right -of -
Way (60' wide);
2
THENCE in a northeasterly direction along the northerly line of the East "A" Street Right -
of -Way, a distance of 125 feet to its intersection with the westerly line of the Donaldson
Avenue Right -of -Way;
THENCE in a southeasterly direction along the westerly line of the Donaldson Avenue
Right -of -Way, a distance of 60 feet to its intersection with the southerly line of the East
"A" Street Right -of -Way;
THENCE in a southwesterly direction along the southerly line of the East "A" Street
Right -of -Way, a distance of 125 feet to its intersection with the southwesterly corner of
Lot 40, Block 76, Bayfront Addition to La Porte;
THENCE in a northwesterly direction across the East "A" Street Right -of -Way, a distance
of 60 feet to the POINT OF BEGINNING of the herein described tract.
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 its passage and approval, and it is so
ordered.
PASSED AND APPROVED THIS _2:L-6/DAY OF 2016.
By:
ATTEST:
Patrice Fogarty, City S etary
APPROVED:
Knox W. Askins, City Attorney
CITY 0
Louis R. Digby,
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EXHIBIT "A" 1AZZE
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PROP. CLOSING OF
E. "A" ST. R -O -W
(7,500 SQ. FT)
85 MORGAN'S POINT
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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: Q� , 2016
Grantor: City of La Porte, Texas, a municipal corporation
Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571
Grantee: Michael Henley and wife, Tammy Henley
Mailing Address: 201 S. Blackwell Street, LaPorte, Texas 77571-5704
Consideration: Ten and No/100 Dollars ($10.00) cash
and other good and valuable considerations
Property (including any improvements):
A 7,500 square foot tract of land out of the East "A" Street Right -of -Way,
Bayfiont Addition to La Porte, 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 La Porte Ordinance No. 2016-
3030
016-
303D , approved by the City Council of the City of La Porte on the
22'( day of , 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:
0
Patrice Fogarty
City Secretary
Approved:
Knox W. Askin
City Attorney
STATE OF TEXAS §
COUNTY OF HARRIS §
City of La Porte
This instrument was acknowledged before me on 2016, by Corby
D. Alexander, City Manager of the City of LaPorte, a muiiici al corporation.
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My Commission Expires
February pq, 20P0
AFTER RECORDING RETURN TO:
OF:
ASKINS & ASKINS, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
Not ry Public, State of Tex
PREPARED IN THE LAW OFFICE
ASKINS & ASKINS, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
EXHIBIT "A"
Being a 7,500 square foot tract of land out of the East "A" Street Right -of -Way, Bayfront
Addition to La Porte, being more particularly described by metes and bounds as follows:
BEGINNING at the southwesterly corner of Lot 14, Block 85, Bayfront Addition to La
Porte, said point being located at the intersection of the easternmost alley line of Block
85, Bayfront Addition to La Porte and the northerly line of the East "A" Street Right -of -
Way (60' wide);
THENCE in a northeasterly direction along the northerly line of the East "A" Street Right -
of -Way, a distance of 125 feet to its intersection with the westerly line of the Donaldson
Avenue Right -of -Way;
THENCE in a southeasterly direction along the westerly line of the Donaldson Avenue
Right -of -Way, a distance of 60 feet to its intersection with the southerly line of the East
"A" Street Right -of -Way;
THENCE in a southwesterly direction along the southerly line of the East "A" Street
Right -of -Way, a distance of 125 feet to its intersection with the southwesterly corner of
Lot 40, Block 76, Bayfront Addition to La Porte;
THENCE in a northwesterly direction across the East "A" Street Right -of -Way, a distance
of 60 feet to the POINT OF BEGINNING of the herein described tract.
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EXHIBIT "B" W- E:
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PROP CLOSING OF
E. "A" ST. R -O -W
(7,500 SQ. FT.)
85 MORGAN'S POINT
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R.C. Chuoke & Associates, Inc.
Appraisers & Consultants
P.O. Box 1447 Office- 281-338-9633
League City, Texas 77574 Fax- 281-338-9533
May 7, 2016
City of La Porte
P.O. Box 1115
LaPorte, Texas 77572
RE: Restricted Appraisal regarding the estimated Market Value of a portion
of the unopened East "A" Street right of way at Donaldson Avenue, 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 portion of the unopened East "A" Street right of way adjoining the
north west line of Donaldson Avenue between Block 85 and Block 76, Bayfront
to La Porte, 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.
Sales of generally similar properties in the subject neighborhood were
researched that had locations that range from primary to secondary type
roadways. The subject's market area generally has access public utilities. The
subject site appears to be generally flat and level and is not located in the 100
year flood plain. The Highest and Best Use of the subject property is
determined to be for use a street right of way or for use by adjacent property
owners due to its configuration. Adjacent property uses on the north, east and
west boundaries of the subject property are single family detached houses.
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 street 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 and
original inspection is November 23, 2015. The new effective date of the report
is January 28, 2016. The estimated exposure time is up to 24 months.
A unit value range of between $1.62 PSF to $2.03 PSF was noted from the
comparable lot sales before any adjustments were made. All of the comparable
lot sales were effectively unimproved lots with frontage and access on paved
public streets. These sales were considered superior to the subject property
due to the subject property and were adjusted downward for this aspect. After
adjustments, it is my opinion the estimated unit value range for the subject
property would be between $1.22 PSF to $1.53 PSF with an estimated mid-
range value of $1.35 PSF before any additional discounting by the City.
Therefore the unit market value of the subject tract is estimated at $1.35 PSF
which is based on 100% fee simple ownership with no discounting
applied.
Respectfully Submitted,
C� CCS
Chris Chuoke, President
R.C. CHUOKE & ASSOCIATES, INC.
JOHNSON
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SCALE IN FEET
NOTE: THE EXTERIORS OF ALL EASEMENTS ARE TO
INTERSECT WITH THE EXTERIORS OF ALL ADJOINING
EASEMENTS OR WITH ADJOINING PROPERTY LINES.
MICHAEL HENLEY and wife,
TAMMY HENLEY
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BA YFR ONT\, ADDITION
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REV.1: JOB NO. BY:
EASEMENT — UNOBSTRUCTED
COUNTY: HARRIS
SURVEY DATE: 9/30/2015
SCALE: 1 " = 50'
FILE NO. — BOOK: 2015
LAST PLOT DATE: 10/6/2015
DRAWN BY: A.L.M.
MAP NO: 6254
JOB NO: 91569A
CHECKED BY: J.L.G.
Bearing Basis:
Texas Coordinate System of
1983, South Central Zone
(TXSC Zone 4204); NAD 83
.2: JOB N0. BY: r DATE:
CenterPoint Energy
SURVEYING & RIGHT OF WAY
P.O. Box 1700 Houston, TX 77251-1700
713-207-2222
Firm Number: 10027400
SKETCH NO. 15-0698
AREA MAP - E. "A" ST. CLOSING
(HENLEY)
AR