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Home My WebLink AboutO-2001-2470 e e ORDINANCE NO. 2001-31-/'7 () AN ORDINANCE AUTHORIZING THE EXECUTION AND DEUVERY OF A DRAINAGE EASEMENT DEDICATION FROM THE OTY OF LA PORTE TO THE PUBUC; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPUANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECI1VE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby authorizes the execution of a "Drainage Easement Dedjcation" to the public, in form attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. The execution and delivery of said "Drainage Easement Dedication" is a part of an agreement between the City of La Porte and the Harris County Flood Control District. 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 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, ORDINANCE NO. 201 f)l-l'7 D e 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, thi~b~ay of pe~1i1 ry, 2001. f ' // CITY 0 LA PORTE ~~ orman L. Malone Mayor By: ArrEST: ~~, tld!'auI Martha A. Gillett City Secretary ox W. Askins City Attorney . e REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 2 Requested By: Doug Kneuppe Source of Funds: N/A Account Number Department: Planning Report: _Resolution: _ OrdinaDce:~ Amount Budgeted: Amount Requested Exhibits: Budgeted Item: YES NO Ordinance Drainage Easement Dedication with Exhibit "A" and Exhibit "B" Summary and Recommendation This is in reference to the next phase of ch~el improvements in the F -101 watershed. Our Interlocal Agreement with Harris County Flood Control District provides for the City to acquire certain tracts of land and then grant the District the right to enter the property for construction and maintenance of drainage facilities. The City has recently acquired a 7. 16-acre tract of land necessary for the next phase of channel improvements in the F-101 watershed. This ordinance will authorize the City Manager to execute a "Drainage Easement Dedication" to the public. This easement grants Harris County Flood Control District the right to enter upon this property to construct and maintain the channel. This dedication is identical in nature to the easement we provided the District in June of 1999 for a previous phase of'F -101 improvements. Both the City Attorney and the Harris County Attorney have reviewed and approved this drainage easement dedication. Action Required by Council: Consider approving an ordinance authorizing the City Manager to execute and deliver the attached Drainage Easement Oedication from the City of La Porte to the Public. Approved for City Council A2enda ~~ ~ L1~_""LI \ ' ~ .. -- Robert T. Herrera, City Manager ~.",()-t)l Date \ .. . v- . .e e HaT'T'is County Beve~ly B. KaUfman C.ounty ClsY'k 03/14/01 201462706 U927918 $1~.00 .' "" ", " ./ /., . - .ExlUbit" A" fl> Ordinance tt 010 ,- 6l '-f '1 D !~ . ~ J' \Q ~ ~ ~ I N fl. I CO (tl ~ \ e DRAINAGE EASEMENT DEDICATION 03/14/01 201462106 U921918 STATE OF TEXAS ~ ~ ~ COUNTY OF HARRIS That 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 the following described property: Tracts of land more particularly being described on Exhibits A and B attached hereto, incorporated by reference herein, and made a part hereof for descriptive purposes (the "Property"). This easement may be used by the public only for the purposes stated in this instrwnent. City, its successors and assigns, retain all other rights of use over the easement area, provided that such rights do not interfere with the use of the property for drainage and flood control purposes. The City retains the rights to utilize the right-of-way for other purposes such as, but not limited to, landscaping, pedestrian/equestrian trails, hike and bike trails, and utility installations, which rights shall be subordinate to the Public's right to use the right-of-way for drainage and flood control purposes. The City shall be responsible for maintaining these "other purpose" items. No facilities shall be constructed on the Property until the plans and specifications thereof are approved in advance by the Harris County Flood Control District. Anything herein to the contrary notwithstanding, this conveyance is made subject to all easements, leases, agreements or licenses which affect the Property hereby dedicated and any matter which would be disclosed by title examination, survey, investigation, or inquiry. Said reservations specifically include the reservations by Grantor of its right to retain .rentals and the rights to terminate any leases or pipelines (other than public utility pipelines) that cross over the property dedicated herein and continue on to appurtenant City Property. Any relocation of said leases or pipelines necessitated by the cQBS~on -of -public ...___. drainage improvements sball not be at City's expense. I R E~; .' ~.J I I cr.- ,~W~R 20 20~1 {'S i 1 . . I b..._.~.__. -. j $19.00 ~1v 1 ~tHu l' /~. '. . I. ",. 'Exhibit "A" to Ordinance , 001- ~ L/ fl 0 Page 2 of 2 e IN TESTIMONY WHEREOF, this instrument is executed effective as of the d.. ~ day of Fe.8. , 2001. CITY OF LA PORTE /'---. G~ r- l~ Robert T. Herrera, City Manager ATIEST: I By:~rM1I1iL a -11" l.itJ Martha Gillett, City Secretary ~ ~ ~ ~ I N '" I CO m ~n THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ ~ t:::) x l = ":>- -n ;:0 :x Xt:"l ;po Uig ~ :;;0 - e~ :=. r .:~ -4 ~~ ~ .:::-< . '-..:. rn ~~r ]:IP :x 0 -1::0 \0 (TI~ )< 0 y;. VI \0 'J1tis instrument w 7J"/d,e~ , 2001, by La Porte, Texas. J 'J 'fIv . acknowled ed before me on the ~ day of ~ r~as City Manager of the City of ~, CRYSTAl. N. SCOTT '~1"X.tJ MY COMMISSION.!=XPiftES ...~ Augilst 2, 2004 ..1'...-:'''''' AFfER RECORDING RETURN TO: City of La Porte Atto: City Secretary P.O. Box 1115 La Porte, Texas 77572-1115 2 j' ~ ~ ; "'. ~ ,~ I co rn IJl e Exhibit "A" to Dminage Easement Dedication 'e ENOCH BRANSON SURVEY ABSTRACT NO.5 7.160 ACRES PAGE r OF 3 State of Texas g County of Harris g Being a 7.160 acres (311,903 square feet) tract of land located in the Enoch Branson Survey, Abstract No.5, Harris County, Texas, said 7.160 acre parcel being partially out of the second of two tracts of land described in deed to Charles C. Hinds dated March 7, 1990 and recorded under Harris County Clerk's File (ReCF) No. MSS0730 of the Official Public Records of Real Property of Harris County, Texas (OPRRPHCT), being part of Outlots 286 and 295 and all of Outlot 294 of the LaPorte.Outlots, a subdivision recorded by plat in Volume 61, Page 374 of the Harris County Deed Records (HCDR); said 7.160 acre parcel furthermore being partially out of Outlots 306 and a portion of Outlot 295 of said LaPorte Outlots, which is all of a called 7.1613 acre tract describedin deed dated February 17, 1982 to Charles C. Hinds and recorded under HCCFNo. H346433 of said OPRRPHCT; and furthermore said 7.160 acre parcel being partially out of and a part of Outlot 315 of said LaPorte Outlots as described in deed dated April 11 , 1995 to Charles C. Hinds and recorded under HCCF No. R351137 of said OPRRPHCT. Said 7.160 acre tract is more particularly described by metes and bounds as follows: j) (Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central Zone, utilizing City of La Porte Monument No.'s H1S-01, H14-01, E14-01, and E1S-01, which are based upon the USC & GS North American Datum of 1927.) BEGINNING at a 5/8-inch iron.rod set for the northwest comer of the aforementioned Outlot 294, same being the northeast comer of a 30 foot wide Harris County Flood Control District (HCFCD) fee strip described in deed dated March 16, 1966 and recorded in Volume 6360, Page 34 of said . HCDR, and also ~eing on the south line of a 30 foot wide HCFCD fee strip described in deed dated March 28, 1966 and recorded in Volume 6488, Page 107 of said HCDR; THENCE, North 87 degrees 09 minutes 48 seconds East, along said south line of the 30 foot wide HCFCD fee strip and the north line of said Outlot 294, a distance of 335.96 feet to a 5/8-inchiron rod set for the common comer of Outlots 294,295, 306, and 307; THENCE, North 03 degrees 01 minute 53 seconds West, with the common line of said Outlots 306 and 307, at a distance of 30.00 feet passing the northeast comer of said 30 foot wide HCFCD. fee strip, same being the southeast comer of that certain tract of land conveyed to Glenn Doyle Goodman, et ux., by deed dated July 20, 1981 and recorded under HCCF" No. H093S93 and HCCF No. H069618 of said OPRRPHCT, and from which a S/8-inch iron rod found bears South 19 degree 10 minutes West, a distance of 0.34 feet, at a distance of 470.01 feet passing a Sl8-inch iron rod set for the common corner of Outlots 306, 307, 314, and 315, and continuing along the common line of Outlots 314 and 315 for a total distance of 900.01 feet to a Sl8-inch iron rod set for the northwest comer of the aforementioned Outlot 315, said comer being on the south right-of- way line of North liP" Street (80 feet wide), said iron rod also being the northeast comer of Outlot 314 and that certain tract ofland conveyed to Glenn Doyle G~man, et ox., by deed dated April I' , '. /' ; . . tf\ ~ ; ~ I N ~ I ~ ~ Wi e Exhibit "A" to Drainage Easement Dedication 'e ENOCH BRANSON SURVEY ABSTRACT NO.5 7.160 ACRES PAGE 2 OF 3 24, 1971 and reco~ded in. Volume 8397, Page 498 and Volume 8448, Page 23 of said HCDR, and from which a 1/2-inch iron rod found bears North 03 degrees 01 minute West, a distance of 0.41 feet. , THENCE, North 86 degrees 59 minutes 20 seconds East, along said south right-of-way line of North liP" Street, a distance of 150.00 feet to a 5/8-inch iron rod set for comer; THENCE, South 03 degrees 01 minute 53 seconds East, departing said south right-of-way line at a distance of 430.00 feet passing a 5/8-inch iron rod set on the common line of Ou~ots 315 and ' 306, in all a total distance of797.90 feet to a 5/8-inch iron rod set for comer; . THENCE, North 81 degrees 16 minutes 20 seconds East, continuing across said Outlot 306, a distance of 176.73 feet to a 5/8-inch iron rod set for comer on the common line of Outlots 306 and 305, said Outlot 305 having been conveyed to Eugene R. Ybarra and Antonio Matta by deed dated March 8, 1973, and recorded under HCCF No. D832504 of said OPRRPHCT;' . . THENCE, South 03 degrees 00 minutes 09 seconds East, with the common line of Outlots 306 . and 305, at a distance of 89.70 feet passing a 112-inch iron rod found for the northwest comer of a 30 foot wide Harris County Flood Control District (HCFCD) fee strip (called 0.449 acre) described in deed da~ November 22, 1965 and recorded in Volume 6291, Page 64 of said HCDR, and continuing for a total distan~e of 119.70 feet to a 5/8-inch iron rod set for the common comer of Outlots 306 and 305, same being the southwest comer of said 30 foot wide HCFCD fee strip, and also being on the common north line of Outlot 296 and a called 2.32 acre tract conveyed to Emesto Gomez, et ux., by deed dated November 4, .1985, and recorded under HCCF No. K274921 of said OPRRPHCT; THENCE, South 86 degrees 59 minutes 10 seconds West, along the north line of said Outlot 296, a distance of 2.02 feet to a $/8-inch iron rod set for the common north comer of Outlots 296 and 295; THENCE, South 03 degrees 06 minutes ~2 seconds East, along the common line of said Outlots 296 and 295, at a distance of 30.44 feet passing a 5/8-inch iron rod found, and continuing for a total distance of 51~35 feet to a 5/8-inch iron rod set for comer; THENCE, South 81 degrees 16 minutes 20 seconds West, across said Outlot 295, a distance of 176.80 feet to a 5/8-inch iron rod set for comer, being on the common line of the aforementioned 7.1613 acre tract; THENCE, South 03 degrees 01 minute 09 seconds East, departing ~d common line and with a west line of ~d called 7.1613 acre tract, passing at a'distlnce of 30.29 feet a 5/8-inch iron rod found and continuing for a total distance of 830.74 feet to a 5/8-inch iron rod set for comer on the north right-of-way line of North "L" Street (80 feet wide), and from which a found.5/8-inch . iron rod bears South 03 degrees 08 min':ltes East, a distance of 0.79 feet; .. :,f', ;. .:r ' .' ~ N. " ~ I N ~ 1- CO. m Ln tit 'e Exhibit "A" to Drainage Easement Dedication ENOCH BRANSON SURVEY ABSTRACT NO.5 7.160 ACRES PAGE 3 OF 3 THENCE, South 86 degrees 51 minutes 41 seconds West; along said north right-of-way line of North "V' Street, a distance of 130.00 feet to a 5/8-inch iron rod set for comer; THENCE, North 03 degrees 01 minute 09 seconds West, departing said north right-of-way line and. crossing said Outlots 286 and 295, a distance of 818.02 feet to a 5/8-inch iron rod set for comer; THENCE, South 81 degrees 16 minutes 20 seconds West, a distance of 18.70 feet. to a 5/8-inch iron rod set for comer; THENCE, South 86 degrees 57 minutes 42 seconds West, a distance of 335.29 feet to a 5/8-inch iron rod set for comer on the common line of Outlots 293 and 294, said Outlot 293 and Outlot 288 having been conveyed to Paul D.' Covington, et ux., by deed dated March 30, 1976 and recorded under HCCF No. E725561 of said OPRRPHCT; THENCE, North 03 degrees 00 minutes 42 seconds West, along said common line, a distance of 85.00 feet to the POINT OF BEGINNING, and containing 7.160 acres (311,903 square feet) of land, of which 0.678 acre (29,553 square feet) of land lies within an existing HCFCD drainage easement recorded in Volume 6597, Page 584 of said HCDR. This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered Professional Land Surveyor, License Number 4477, completed November 10, 1997, and is on file in the office of Baseline Corporation, Job No. 86.051.25. REVISED: January 31, 2001 November 10, 1997 WSG:RLD:bgb Job No. 86.051.25 File: BLACAD\8605 1 \860512S\M&B-DES ~ '/ ,./ . : .1 V S' jli' pi' 5.9 I ~, l'Me7 / . . NORTH P STREET I 3130 314 3144 3141 314C 316 31711 317 318 ~ 31l !, If UIIIl! '-- 813-137_ . ..~~Afi- f--- J~ l ~ ... , ; ~ J l ~ N.T.S.~ II I .! ~ :; ~ DRAINAGE EASEMENT DEDICATION 5JI .1 I ~ .j ::; 7.16 ACRES ~-- ---- --- ~ 311118 307B 307 ... 302 t~ Ii g ~!CORCEIfS IA.EMORANDUM ~. AT THE TIME t.~~(:?~i)ATlON, THIS 3lIl ~~TRUMfNT R THE [j':':" ;1. ,(\JNO fa BE INAO!: It ~Tc ~CAUSi: .Oi:" I r ~::r:C-Gfi"IPHIC REPRO!: U TlO HOTO COpy L~GIBII.ITY, CARBON OR ~ I )/i;)CC:JLOREl3 PAPER, ETC. N" ~.c.r.c.D. H.C.r.C.D. @ l!961 30' 1IU.tJI. ESIl1'.1 297B 18 1& I l' 17 16 15 14 13 ~ 11623 I ~, I 11I3-I37_ I I!.32IlII IIC I N I I ,~ I 1!960\ I 29711 2m oe:H37_ I' 18 17 1616 15 14 13 12 I~ 17.ll623 ~ I I~ I I ~ !, ~, .. II5l!I I I ., .f _137__ I I 211 21 l!2 23 24 2S 26 21 ~n II6e7 Ii : i g _137__ .R ~ ., ., tn H.c.c.f. NO. M5507JO OPRRPIICT I I I I I 296C I 297C ;.-f,--- -~--~-------~-------- l' 18 '17 16 15 14 '13 12 . II ., ..,; I. \287 28711 286A I 2llSlI 2848 !, ., % I III I r~ -1-1------- ~21 22 23 24 2S 2, 2 ~ ' I 2113II 2IlSC IllS 1l!84C I l!84f" ~, .~ -i ;,1 ! I 0.. I 0.. .i J I t~ Ii I 2841:12844 - I I ---..., I I!B4D .. I I I!86A-l I I l' 18 17 16 15 14 13 12 rem- '2i7A IU I !, .. .,' I I I i' If 1 I I' ., I I ! 20 21 22 23 24 ., 1!6 2l I I I I I NORTH L STREET OWNER: CITY OF LA PORTE 273A 274 27411 2748 22llJ01! 1- 27611 2761 270 enA-l! -- -- 21 2 EXHIBIT "B" ~ :... eo 3 ' 1 I' TO DRAINAGE ESMT. DEDICATION ~ -- L...-- .f; l' .914 4 276C Ii I: I~ .., '- ;1 ; Ji = .. ... CLP PROJECT NO.: 86-4302 18 Z 5 :... c: :..aaes F101 CHANNEL IMPROVEMENTS ...I .R ~ .R! 2778 17 c: 6 :..0.7 ~ ~ 1:~ .~ I. e N N II f!I "I N ~ ~ m VI All '~OrlS" mIl INCI US'RIl:II 'II SllUfIIll. OR VIUflNllIICRllD RIAL 'RO'W, ';CAVIf OF Cel'.'R RACE I llIl. AID UlflFOICUIlI VIDfUIDEUl Uf. THE STATE OF TEXAS COUNTY OF HAAAIS '.....,1..., lilt... ..h.",., 'lED i1'1I N"'...5I.-.IlC..... fI,. .,11I iii. lit.,,; ......1' II: 11I'11 /IIf RECDlItU. ~ It O.it '"Ie Rill_III R..,,.,.,,,,, Nlms C'IHlII. flul.. e MAR , ~ 2001 ~4'~~/ COUNTY CLeRK HAAAIS COUNTY, TEXAS e