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HomeMy WebLinkAboutO-1990-1711 _ e ORDINANCE NO. 1711 AN ORDINANCE VACATING, ABANDONING, AND CLOSING A DRAINAGE EASEMENT, 16 FEET WIDE, ACROSS A PORTION OF TEXAS AVENUE IN THE CITY OF LA PORTEJ FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWJ AND PROVIDING AN EFFECTIVE 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, on December 17, 1980, passed and approved Ordinance No. 1242, an ordinance vacating, abandoning, and closing a portion of Texas Avenue in the City of La Porte. Ordinance No. 1242 retained, on behalf of the City of La Porte, a drainage easement, 16 feet wide, across that portion of Texas Avenue described by metes and bounds on Exhibit nAn attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The City Council of the City of La Porte finds, determines, and declares that the 16 foot drainage easement, heretofore retained, is no longer suitable, needed, or beneficial to the public as a drainage easement, and that the closing of the hereinafter described 16 foot drainage easement on said portion of Texas Avenue in the City of La Porte, is for the protection of the public and for the public interest and benefit, and the hereinafter described 16 foot drainage easement is hereby permanently vacated, abandoned, and closed by the City 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, Article 6252-17, Texas Revised Civil Statutes AnnotatedJ 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. e e ORDINANCE NO. 1711 PAGE 2 PASSED AND APPROVED, this 9th day of July , 1990. CITY OF LA PORTE BY ~th /&/~ ~o man L. Malone, Mayor A~ Cherie Black, C1ty Secretary A~~ Knox W. Askins, City Attorney BU5CH. HUTCHIS. & ASSOCIATES. INe ::ONSULTING ENGINEER. 1107 P'LECfWOOD DRIVE . BAYTOWN. TItXAII 771120 . ,.HONE (7131 422.11213 3011 IIAN JACINTO. IIUlTE 1011 . HOU&TOI4. TEXA!! 77004 . (713' 112:1.2:187 (, December 16, 1980 FIELD NOTES: BEING a drainage easement 16 feet in width, and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of block 1120 of the Town of La Porte, said point being in the south right-of-way line of "K" Street; THENCE West with the south right-of-way line of IlK" Street a distance of 60 feet to the northeast corner of Block 1122 of the Town of La Porte; THENCE continuing West with the south right-of-way line of IIK" Street and the north line of Block 1122 a distance of 56 feet; THENCE South over and across Block 1122 a distance of 400 feet to the north line of "L" Street; (" THENCE East with the north right-of-way line of ilL" Street and the south line of Block 1122 a distance of 16 feet; THENCE North a distance of 384 feet; THENCE East a distance of 40 feet to the east line of Block 1122; THENCE East a distance of 60 feet to the west line of Block 1120; THENCE North with the west line of Block 1120 a distance of 16 feet to the POINT OF BEGINrIING, enclosing an area of 8,000 square feet. . 4(~//4''''''/ .4 A. J/ USCI~, JR., /UR./ REG. AJB/pf .0 471 (," ," ., {: iH ]"1:', "''t,,~,'''''''..~.r . Co, .,' .~ '.,-9'u- ,*,::' W ..... -tc. ....... ..... . .. ...... ,. .. " A. J. BUSCH, JR. .. II.. II........ ....... ..... ;;" TiI: "71 .,~ . .f' . ':> ' ,- v 9..~CIST (.,,".,.,-\~ o {/C'S'uP:~~ ..".-' EXHIBIT A BUS,CH, HUTCH1S~ &. ASSOCIATES, IN~ . -- :::OHSUL.TIHC EtfC'Hr:I!"S 1107 "I.I:CTWOOO onlyr; . "AYfClWt'.l'I:XAS 77D20 . ,.1I0t,C 171~1 042J.821' .1011 SAt' JACItITO. UUITE lOD 1I0U,,"YOII. TfXAI! 770004 17131 DJ:I.2:187 (. December 16, 1900 FIELD NOTES: I1EING a drainage easement 16 feet in width, ilnd being 1II0re particularly uescriued by metes and bounds as follows: BEGINNING at t1w north\'/est corner of block 1120 of the TO\'III of La Porte, said point being in the south r.i9ht-of-\>wy line of "KII Street; TIIENCE West with the south right-of-\'JaY l'ine of "KII Street a distance of 60 feet to the northeast corner of Block 1122 of tIle Town of La Porte; TIIENCE continuing West \.IIth the south right-of-way line of "KII Street and the north line of nlock 1122 a distance of 5G feet; TIIENCE South over and across Glock 112? a dIstance of ~oo feet to the north line of "L" Street; ( TIIENCE East \'lith the north r19ht-of-way line of "L" Street and the south line of Block 1122 a distance of 16 feet; TIIENCE North a distance of 301t feet; TIIENCE East a distance of 1\0 feet to the east l"ine of Olock 1122; TIIENCE East a distance of 60 feet to the \'/CSt line of Illock 1120; THENCE North "dth the ''lest line of Glock 1120 a distance of 16 feet to the POINT OF fiEGINflItIG, enclosina an al'ea of 0,000 square feet. ~'~/Ld//~ ~J// USCII, JR., ;.sUR/ REG. ^JG/pf ~Tl ( ~..r'" ~... (If 1'1', '.. \ ........ ~.r . .,r..' ~ ". .., Co, ..' .'.. ". J' . . If:' V _ -0. i( ....... ..... ... ., ...... I.... ^. J. IlUSClI, JR. '0 " 0" ,il. .171 .'Q_ . . ~ ~. . v j,'.fcls T (,\'\..,.4.(:) ~/tSU~:~\ ~ ~........... EXHIBIT A e e EASEMENT STATE OF TEXAS S S COUNTY OF HARRIS S THAT ROY D. KAYLOR, hereinafter called the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, cash to us in hand paid by the CITY OF LA PORTE, a municipality, the receipt and sufficiency of which is hereby acknowledged and confessed, have this day GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents do GRANT, SELL AND CONVEY unto said CITY OF LA PORTE, TEXAS, and to its successors and assigns the perpetual right, privilege and easement, with appropriate rights of ingress and egress and reasonable working area for construction and maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace, repair and remove water and wastewater facilities, together with all necessary improvements over, across, through and under those certain tracts or parcels of land lying and being situated in Harris County, Texas and being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes. TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto in anywise belonging unto said CITY OF LA PORTE, TEXAS, its successors or assigns, in accordance with the terms and conditions hereinabove set forth. The GRANTOR does hereby bind itself, its successors or assigns to WARRANT AND FOREVER DEFEND, all'and singular the said easement unto the said CITY OF LA PORTE, TEXAS, its successors or assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. -F THE EXECUTION , 1990. HEREOF on th is the :2~ ~l,.. day of _" e~J_L~\k.- &:L! ROY D. KA~tOR ~~ ADDRESS OF GRANTEE: P.O. Box 1115 La Porte, TX 77572-1115 STATE OF TEXAS S S COUNTY OF HARRIS S /) This _~'..~-- instr~m~~~o w~~ :~~n~~l~~~~g;~~~~l me_ on :(// ~da~ 2. ....... 'G..,:L:l t.( I rl / .' ..:._L't' (.1 ~J -- otary Public, State of Texas , r~:'.~~;~~:~--~ ~~m::::!.\ ^ C/.~HIN i o ~(~2' N~:;::.-/ Pu~:i!c ...._'~.,:: ~ ~ Jt~t · STATE 0;: TEXA9 ~ ~;-.- ." ~J'.--,,,,,,,.,,,, 'C "^ ! ' ':_:..,~:-' .tl :mm. "xp. pr.O, 1S'J'J :'.'1" ...... .......__....... ....,.-...,.._-.., ...,,-"11'..... e e ESPEY, HUSTON & ASSOCIATES, INC. METES AND BOUNDS DESCRIPTION of :\ PROPOSED SANITARY SEWER EASEMENT within the Johnson Hunter SUlvey Abstract No. 35 Hnrris County. Texas May 8, 1990 EH&A Job No. 12427-63 Being 0.1837 of one acre (8,000 square feet) of land for a proposed Sanilary Sewer Easement along with a 10 foot wide Temporary Construction Easement within the Johnson Hunter Survey, Abstract No. 35, Harris County, Texas, and being a portion Texas Avenue, a street within the Town of La Porte as recorded in Volume 60, Page 112 of the I-Iarris County Deed Records and further described as vacated, abandoned and closed in Ordinance No. 1242 of the City of UI Porte, Texas recorded under File Number G854221, Film Code 177-90-0274 of-the Harris County Official Public Records of Re:\1 Property (H.C.O.P.R.R.P.); said 0.1837 of one acre proposed Sanitary Sewer Easement being more panicularly described by metes and bounds as follows: BEG INNING at the northeast corner of Block 1121 and the northwest corner of said vacated Texas Avenue, same being on the south right-of-w:lY line of East "K" Street (60' R.O. W.); THENCE EAST, along said south right-of-way line and the nonh line of said vacated Texas Avenue, distnnce of ~o.oo feet; THENCE SOUTH, crossing said vacated Texas Avenue, :\ distance of 400.00 feel to the south line of said vacated Texas Avenue and the north right-of-way line of East "L" Street (80' R.O,W,): THENCE WEST, along s~\id south line and said north right-of-way lint:, a distal1c~ uf 20.00 feet to the southwest corner of said vacated Texas Avenue :lIld the southeast corner of said l3Iock 1122; THENCE NORTH, along the west line of said vacated Texas Avenue and the cast line of said Block 112~. a distance of 400.00 feet to the POINT OF BEGINNING, and containing 0.1837 of one :lcre of land, more or less. I, J. Michael Moore, a Registered Professional Land Surveyor in the State of Texas, do hereby certify th:1I the property described herein was surveyed on the ground during April of 1990 under my direction and supervision, and that it is true and correct to the best of my knowledge and belief. Date . ~:~ J. Michael Moore Registered Professional ~lOd Surveyor No. 4400 - State of Tex:ls EXHII3I'l' "N' ..."\-"'",.... 1 ".- r) e e (RO.B. =<0.00' EA'::)T "K." E "l" _ A5T 1--:, I~ /""\ ~ ~ "0 I ~~ <r . 1= ~ ~Iw!~ 8 0:);' o 01"2 itf ,... :t w , ~ I I ) i c- o :I: <{ 1..3 ~ ~I~ !l ~ I 1/1 IV " \'1 II ... -J <( ! VACAIEO) D~D\lJA.NLE ';I: <( pUl .bto. 1'Z.4-k)C1ri oF. .- ~ r- .l,c.. pOfl. TE" T E 1U\o.::, ~ ~ r- .F,l--l. ~e5'4-z.:z.1 < -: I F.e. 111- qo -OZl + () It)' I , 11 L1 -~WE::'T - ~D.OO' STt.EE\ (eo' e.o.w,) .(0' TE"1por,:o..ry ..cON5Tl"'0C- T\ ON : EA~t:MENT _ 5\.-o,-K.. No. I\~I w /: ..1 I i ~ I i \fI~ ~ ~ ~ & \:.9.5:::~.__ 1'-.'.0, \,\'Z.~ 1, ESPEY. I~~~~~~.~:::~~"<;~~~'~S, INC. .._.~~ET<...I-\ of 0.10:" AC. ~EDs.....&rrA.rf . _ 'SlNJg~ _.E^~E MEN, EXHIBIT "A" Page 2 of 2 -....IIJ.{.Zl 0... 5-1~-z.o ..-"