HomeMy WebLinkAboutO-1990-1694-A
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ORDINANCE NO. l694-A
AN ORDINANCE VACATING, ABANDONING AND CLOSING PORTIONS OF NORTH nE"
STREET, TYLER STREET, MADISON STREET, KANSAS STREET, UTAH STREET,
IDAHO STREET, AND THE ALLEYS IN BLOCKS 432 AND 433, IN THE TOWN OF
LA PORTE, HARRIS COUNTY, TEXAS~ RETAINING CERTAIN PUBLIC UTILITY
EASEMENTS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW~ AND
PROVIDING CERTAIN CONDITIONS PRECEDENT TO THE 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 portions of North "E" Street, Tyler Street,
Madison Street, Kansas Street, Utah Street, Idaho Street, and the
alleys in Blocks 432 and 433, in the Town of La Porte, Harris
County, Texas, to vacate, abandon, and permanently close that
portion of North "En Street, Tyler Street, Madison Street, Kansas
Street, Utah Street, Idaho Street, and the alleys in Blocks 432 and
433, and
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine and declare that the
hereinafter described portions of North nEn Street, Tyler Street,
Madison Street, Kansas Street, Utah Street, Idaho Street, and the
alleys in Blocks 432 and 433, Town of La Porte, Harris County,
Texas, are not suitable, needed, or beneficial to the public as
public roads, streets and alleys, and that the closing of the
hereinafter described portions of North nEn Street, Tyler Street,
Madison Street, Kansas Street, Utah Street, Idaho Street, and the
alleys in Blocks 432 and 433, 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 portions of
said North nEn Street, Tyler Street, Madison Street, Kansas Street,
Utah Street, Idaho Street, and the alleys in Blocks 432 and 433,
should be vacated, abandoned, and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section l. 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 portions of North nEn Street,
Tyler Street, Madison Street, Kansas Street, Utah Street, Idaho
Street, and the alleys in Blocks 432 and 433, Town of La Porte,
Harris County, Texas, are hereby permanently vacated, abandoned and
closed by the City of La Porte, to-wit:
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ORDINANCE NO. l694-A
Page 2
Being that portion of the right-of-way of North nEn Street,
from a point 20 feet east of the west right-of-way line of
Kansas Street to the west right-of-1ines, extended, of the
alleys in Blocks 433 and 438, Town of La Porte, Harris County,
Texas, and lying and being situated between the west half
(W.l/2) of Block 433 and the west half (W.l/2) of Block 438,
Town of La Porte, Harris County, Texas~ and
Being that portion of the right-of-way of Tyler Street from the
west right-of-way line of Kansas Street to the west right-of-
way lines, extended, of the alleys in Blocks 415 and 420, Town
of La Porte, Harris County, Texas, and lying and being situated
between the west half (W.l/2) of Block 415 and the west half
(W.l/2) of Block 420, Town of La Porte, Harris County, TexasJ
and
Being that portion of the right-of-way of Madison Street from
the west right-of-way line of Kansas Street to the west right-
of-way line, extended, of the alleys in Blocks 420 and 433,
Town of La Porte, Harris County, Texas, and lying and being
situated between the west half (W.1/2) of Block 420 and the
west half (W.l/2) of Block 433, Town of La Porte, Harris
County, TexasJ and
Being that portion of the right-of-way of Kansas Street from
the north right-of-way line of Adams Street to the south right-
of-way line of North nEn Street, and lying and being situated
between Blocks 415, 416, 419, 420, 433, and 434, Town of La
Porte, Harris County, TexasJ and
Being that portion of the right-of-way of Utah Street from the
north right-of-way line of Madison Street to the south right-
of-way line of North nEn Street, and lying and being situated
between Blocks 432 and 433, Town of La Porte, Harris County,
TexasJ and
Being that portion of the right-of-way of Idaho Street from the
north right-of-way line of Madison Street to the south right-
of-way line of North nEn Street, and lying and being situated
between Blocks 432 and 980, Town of La Porte, Harris County,
Texas~ and
Being the entire sixteen feet (16') by four hundred feet (400')
alleys in Blocks 432 and 433, Town of La Porte, Harris County,
Texas.
SUBJECT TO:
1. The' City of La Porte retains for the benefit of Houston
Lighting and Power Company, easement rights for Houston
Lighting and Power Company's existing transmission and
distribution facilities that are currently in place in said
rights-of-way.
2. The City of La Porte retains a sixteen foot (l6') easement
for the eight inch (8n) water line on portions of Kansas
Street and Madison Street, as such easement is more
particularly described by metes and bounds on Exhibit nAn
attached hereto, incorporated by reference herein, and made
a part hereof for all purposes.
3. The City of La Porte retains a sixteen foot (16') easement
for the ten inch (lon) water line on a portion of Idaho
Street, as such easement is more particularly described by
metes and bounds on Exhibit "B" attached hereto,
incorporated by reference herein, and made a part hereof
for all purposes.
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ORDINANCE NO. l694-A
Page 3
Section 2. This ordinance shall be effective upon the
performance of the following conditions precedent, by the applicant,
to-wit:
1. The payment by applicant to the City of La Porte, as and
for the fair market value of the street and alley rights-
of-way to be closed, of the cash sum of $230,062.50, in
certified funds.
2. The purchase by applicant of all of the property abutting
the portions of the street and alley rights-of-way
described herein, except for such portions of said property
owned by the Port of Houston Authority, for which property
the written consent of the Port of Houston Authority shall
be required.
Section 3. When the conditions set forth in Section 2 have
been performed, the City Secretary of the City of La Porte is
authorized to issue a certified copy of this ordinance to applicant,
for recording in the Harris County Clerk's office.
Section 4. 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, Article 6252-17, Texas Revised
Civil Statutes Annotated~ 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 5. Ordinance 1694, passed and approved on March 26,
1990, is hereby repealed.
PASSED AND APPROVED, this 10th day of December, 1990.
ATTEST:
~ ~~/ ~<L(f-k~{-fo
~~City Secretary
A~du
C1ty Attorney
Dee 07,90 10:45 CARTE~ BURGESS, INC,
EXHIBIT "A"
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PROPERTY DESCRIPTION
16' Utility Easement #1
BEING a 0.2199 acre tract of land out of the Johnson Hunter Survey,
A-35 City of La Porte, Harris County, Texas and also being in part
a part of the same tract ot land conveyed to the Galveston, La
Porte and Houston Railway Company by R.R. Greer as described in a
Quit Claim Deed dated March 8, 1895 and recorded in Volume 83, Page
243 of the Harris County Deed Records, and also being in part a
part of the abandoned right-of-way of Kansas Street (20' R.O.W.)
and being more particularly described as follows;
Commencing at the intersection of the south line of said North
Avenue "E" (60'R.O.W.) and west line of Kansas Street
(20' R.O.W.),;
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THENCE EAST ~ along the south l1ne of said North Avenue "E" a
distance of I 4.69 feet to a 5/8" iron rod set at the POINT OF
BEGINNING of' the herein described tract,
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THENCE continuing east along the south line of said North Avenue
"E" a distance of 15.31 feet to a 5/8" iron rod set for a corner in
the west line of said:Railway Company tract;
THENCE NORTH along the west line of said Railway Company tract a
distance of 7.31 feet to a 5/8" iron rod set for a corner;
THENCE S 45. 00' 00" E, a distance of 5.66 feet to a 5/8" iron rod
set for a corner;
THENCE SOUTH a distance of 403.31 feet to a 5/8" iron rod set for
a corner;
THENCE EAST a distance of 181. 00 feet to a 5/8" iron rod set at the
intersection of the east line of said Railway Company tract and the
north line of Madison Street (80' R.O.W.);
THENCE SOUTH along the east line of said Railway Company tract a
distance of 16.00 feet to a 5/8" iron rod set for a corner:
THENCE WEST a distance of 197.00 feet to a 5/8" iron rod set for a
corner;
THENCE NORTH a di.stance of 412.69 feet to a 5/8" iron rod set for
a corner;
THENCE N 450 00' 00" W, a distance of 4.69 feet to the POINT OF
BEGINNING and containing 0.2199 acres of land.
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R.P.L.S. #1719
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'Dec 1)7,90 10:47 CARTER WURGESS, INC.
EXHIBIT "B"
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PROPERTY DESCRIPTION
16' Utility Easement #2
BEING a 0.1469 acre tract of land out of the Johnson Hunter Survey,
A-35 City of La Porte, Harris County, Texas and being more
particularly described as follows;
BEGINNING at a 5/811 iron rod set at the intersection of the east
line of Idaho Avenue (80' R.O.W.) and the south line of North "E"
street (60' R.O.W.);
THENCE SOUTH along the east line of said Idaho Avenue (closed) a
distance of 400.00 feet to a 5/811 iron rod set for a corner at the
intersection of the east line of said Idaho Avenue and the north
line of Madison street (80' R.O.W.);
THENCE WEST along the north line of said Madison Street a distance
of 16.00 feet to a 5/8" iron rod set for corner;
THENCE NORTH a distance of 400.00 feet to a 5/811 iron rod set in
the south line of said North 'E' Street;
THENCE EAST a distance of 16.00 feet to the POINT OF BEGINNING and
containing 0.1469 acre of land.
12-04-90
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William L. McCown
R.P.L.S. #1719
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185-64-' 057
M773522
08/14/90 00705~72 M773522 $ 9.00
ABABDONXENT AND RELEASE OF EASEMENTS
THE STATE OF TEXAS S
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COUNTY OF HARRIS S
THIS ABANDONMENT AND RELEASE OF EASEMENTS is executed and
delivered by the CITY OF LA PORTE, a body politic and corporate
under the laws of the state of Texas (the IlCityl;).
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B E ~ 1. I A !! ~:
Pursuant to La Porte City Ordinance No. 1693 (the
"Ordinance"), a certified copy of which is recorded in the Real
Property ~ecords of Harris County, Texas under Clerk's File
No. M609538, the City abandoned and closed certain streets and
alleys in the City of La Porte, subject however, to the retention
by the City of (i) easement rights for the benefit of Houston
Lighting & Power Company and its existing transmission and
distribution facilities then in place in the streets and alleys
so abandoned (the "HL&P Easement") and (ii) an easement for the
then existinq eight (8) inch water line located within the
abandoned portion of Madison Street (the "Water Line Easement").
The HL&P Easement has been specifically defined by separate
instruments recorded or to be recQrded in the Real Property
Records of Harris County, Texas, and the Water Line Easement is
no longer needed by the City due to the planned relocation of and
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185-64-1058
reroutinq of the water line located therein, thus, at the request
of International Cargo Network, L.P. ("ICN"), the current owner
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of the streets and alleys abandoned by the Ordinance, the City
has agreed to abandon and release the HL&P Easement and the Water
Line Easement.
RELEASE:
Therefore, for the sum of TEN AND NO/100 DOLLARS ($10.00)
and other good and valuable consideration in hand paid to the
City, the receipt and sufficiency of which are hereby
acknowledged, the ci ty does hereby FOREVER ABANDON, RELEASE,
WAIVE, RELINQUISH, and QUITCLAIM to ItN, its successors and
assigns, the HL&P Easement and the Water Line Easement, together
with all rights and interests of the City in and to the HL&P
Easement and Water Line Easement reserved under the Ordinance.
EXECUTED AND DELIVERED effective as of August~, 1990.
ATTEST:
CITY OF LA PORTE
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By: ~ .By:G?~ T.~
~~~~~: . - _ - -. ~e~ ~ ROBERT T. HERRERA, City Manager
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185-64-1059
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
This instrument was acknowledged before me on August I::L,
1990 by ROBERT T. HERRERA, City Manager of the CITY OF LA PORTE,
a body pOlitic and corporate under the laws of the State of
Texas, on behalf of said body pOlitic and corporate.
(f;*.."\ MARLENE SCHONAUER
\~\...., ..l : NoIBry ~~ SIIII at T_
"", ,,'\'~ '""v Com.I-.., &piqa 311....
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NOTARY PUBLIC IN AND FOR
THE STATE OF T E X A S
/J1A~ L.~A/c SC-HtJIV,I9U Fe.....
Notary's Printed Name
My
~mmission Expires:
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(j.Jc ""i'1I.. ~~ .. .""
COUNTY CLERK.
HARRIS COUNTY, TEXAS
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A.~ PROVISlOH HOl(IN lIItlCH Il(SIIllCIS IN( SAlE. RENIAI., OR USE UJ IHE IltSCRlIIfOIlEAl
PIlOPaIIY ~USi (If COlOll OIIllAa IS IIlYlllIllAllll UN(1IfOIICUIIl.( I1IIlIOI F(MRA!. L...,
THE STATE OF TEXASl
COUN'N OF HARRIS C
, t'.ereby certily lhal thr.. IflSlfUmenl WlS filED In fife Num/1er
Sequence on the date and al the time stamped hereon by me: and was
duly RECORDED, in the O/licial Publit Records 01 Real Property 01
Harris County. Teus on
^ U G 14 1990
SWLE-890\ICN-".rol
AFTER RECORDING:
HOLD FOR
CHARTER TITLE CClv\PANY
GF 9~
Closer: ~
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