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ORDINANCE 1812
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ORDINANCE NO. 1812
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH
17TH STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; 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 record owner of all of the property abutting the
hereinafter described portion of North 17th Street, in the Town of
La Porte, Harris County, Texas, to vacate, abandon, and permanently
close that portion of North 17th Street; 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 North 17th Street, Town of La
Porte, Harris County, Texas, is not suitable, needed, or beneficial
to the public as a public road, street and alley, and that the
closing of the hereinafter described portion of North 17th Street,
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 portion of said North 17th Street, 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 13, Title
28, Article 1175, of the Revised Civil Statutes of the State of
Texas, 1925, the hereinafter described portion of North 17th Street,
Town of La Porte, Harris County, Texas, is hereby permanently
vacated, abandoned and closed by the City of La Porte, to-wit:
Being that portion of the right-of-way of North 17th Street,
lying and being situated between Block 653 and 654, Town of La
Porte, Harris County, Texas, and between the south right-of-way
line of West Madison Street and the north right-of-way line of
West Tyler Street.
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 Ha11 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
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ORDINANCE NO. 1812
PAGE 2
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.
PASSED AND APPROVED, this lOth day of February, 1992.
CITY OF LA PORTE
By/kn~
~ man L. Ma on , Mayor
ATTEST:
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Clty Secrefary
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CITY OF LA PonTE
APPLICATION FOR TUE CLOSING OF STnEETS AND ALLEYS
CD
· Date_..23 July, r 1991_ '
Anthony Crane Re_n_t'?J_ of_ Te~~.l_ Inc.
(or option holder, etc)
~he following described real property located within the City of La
Porte, Texas, her"eby request and make application under' the terms of
Or;dinance Number 155..Q for" the vac'ating, abandoning and closina of the
following Streets aridlor Alleys:
I, the undersigned owner
of
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1.EJ:!.A~~C njY..IJON' O~IJE.ETS 1\ NOlO R ALL EYS
Street(s) 17 - 32 Block 654 -17th street
Alley(s)
RQ.~_ ..oJ': _SillLC!.,[g_.f:....EUti: : 106 .L.1 0 0 _,~uare fee t
REASON FO R ij~Q.lL~.ST
To purchase the a<!,;i?!-~!..ng propeEty North of our exis.tipg property
'(17th street), ,BloCk 654.
Plot Plan Attached
x
Proof of Owncr'shi,p
Post Office Box 14707
Add t'ess
~For~ Worth, Texas 76117
Telephone Number' 817/498-2221
Submitted herewith is an application
AfP--RM.SJtLI...RE.Q..llMA T ION
(l~ooo,7/t .1.4S ~ 1.5): q.ooo.oo
IICAD Prime Rate
.15
pe r squa t'e foot.
P,-ime Rate .~ ~er
Con t t'oIle r: __________
S' ature)
$ q-~o.OO
square foot.
Adjacent Property HC1\D
Concurrence of Revenue
Fee to be collected by City:
Z./_~___
ACTION
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Recommcnded action to City Council
City Council 1\ction
Date
o r'd .\ n a n c e No. _____
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ASKINS &ARMSTRONG, P. C.
ATTORNEYS AT LAW
KNOX W, ASKINS
.JOHN 0, ARMSTRONG
702 W. F'AIRMONT PARKWAY
p, 0, BOX 1218
LA PORTE, TEXAS 77572-1218
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
February
1992
Mr. Lair Dowden, Jr.
P.O. x 1382
Ned land, TX 77627
FAX NO. (409) 727-7060
Re: Application of Anthony Crane Rental of Texas, Inc.
To Close the Right-of-Way of 17th Street in La Porte,
Between Blocks 654 and 653, Town of La Porte, Harris
County, Texas.
Dear Mr. Dowden:
I represent the City of La Porte as its City Attorney. The City has
asked me to review the above referenced matter.
I have prepared and enclose herewith, copy of a proposed ordinance
for the February 10, 1992, City of La Porte City Council agenda,
closing the subject street right-of-way.
The City of La Porte has received the Harris County Appraisal
District prime rate appraisal, of $0.25 per square foot. 24,000
square foot, times $0.25 per square foot, times a factor of 1.5,
equals a $9,000.00 appraisal amount which should be paid to the City
of La Porte by cashiers check.
In reviewing the file, the only other matters which I note must be
accomplished by you and your client, before a certified copy of the
street closing ordinance can be delivered to you by the City, is the
completion of the hold harmless letter to the City, by an official
of Anthony Crane, in same form as the letters which you furnished
from the adjoining property owners. The City will also need
evidence of title of the adjoining property owners who gave their
consent. I assume this will be no problem for Anthony Crane, for,
as I understand the file, your firm is purchasing these properties
from the various owners. Copies of current title commitments on
these adjoining propertis will satisfy this requirement.
I am sure you are aware that the legal effect of the passage of the
ordinance, and its recording in the County Clerk's office, is to
revert the former street right-of-way, one-half thereof to the
abutting property owners on each side of the street.
Finally, the City will require evidence of the ownership of Anthony
Crane Rental of Texas, Inc., of Lots 17 to 32, Block 654, Town of La
Porte, Harris County, Texas. This can take the form of furnishing
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Mr. Lairon w. Dowden, Jr. February 6, 1992
Nederland, TX 77627 Page 2
the City a copy of your client's deed and title pOlicy, with your
opinion letter currently dated that your client is the record owner
of the property.
If you have any questions, or if I can be of any further assistance,
please give me a call.
~~lY
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosure
cc: Mr. ohn Joerns
sistant City Manager
City of La Porte
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(ANTHONY CRANE LETTERHEAD)
City of La Porte
P.O. Box 1115
La Porte, TX 77572
Re: Street Closing Application
Gentlemen:
Anthony Crane Rental of Texas, Inc., has filed an application with
the City of La Porte to permanently vacate, abandon and close the
right-of-way of North 17th Street in La Porte, between Blocks 654
and 653, Town of La Porte, Harris County, Texas.
Anthony Crane Rental of Texas, Inc., is the owner of Lots 1 to 16,
Block 653, Town of La Porte, Harris County, Texas. This letter will
constitute the written consent to the closing of the above described
right-of-way by the City of La Porte.
Anthony Crane Rental of Texas, Inc., waives any claims for damages
against the City of La Porte and further agrees to save and hold
harmless the City from any other claims that may arise against the
City in vacating, abandoning and closing the above described right-
of-way.
Yours very truly,
Anthony Crane Rental
of Texas, Inc.
By:
Samuel R. Anthony, President