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Home My WebLink AboutO-2016-3659 N.25th Street and West Polk Street R.O.W ORDINANCE NO. 2016-3659 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE NORTH 25TH STREET AND WEST POLK STREET RIGHTS-OF-WAY; 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 North 25th Street and West Polk Street Rights-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 North 25th Street and West Polk Street Rights-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 North 25th Street and West Polk Street Rights-of-Way is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the North 25th Street and West Polk Street Rights-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 North 25th Street and West Polk Street Rights-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: BEGINNING at a point located at the northwest corner of Block 708, Town of La Porte, said point being located on the east line of the North 25th Street Right-of- Way and the south line of the West Polk Street Right-of-Way; THENCE in a westerly direction, along the projected south line of the West Polk Street Right-of-Way to its intersection with the center line of the North 25th Street Right-of-Way; 2 THENCE in a northerly direction along the projected center line of the North 25th Street Right-of-Way to its intersection with the north line of the West Polk St. Right-of-Way; THENCE in an easterly direction, along the north line of the W of the North 25th Street Right-of-Way to its intersection with the east line of the North 25th Street Right-of-Way; THENCE in a southerly direction, along the projected east line of the North 25th Street Right-of-Way 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 4. This ordinance shall be effective from and after its passage and approval, and it is so ordered. 3 PA PASSED AND APPROVED THIS '� DAY OF IY2ce rri Jr 2016. CITY OF P I RTE By: f i Loui• R. Rigby, M. or ATTEST: POil-AL)L COVICtirt Patrice Fogarty, City 5cret APPROVED: 1/Zei ( 7.- Clark T. Askins, City Attorney 4 EXHIBIT "A" - ORDINANCE j 41 % / � NOT m SCALE .4,-:„, ri 60 698 697 696 PROPOSED CLOS/NG OF N. 25TH& W. POLK ST R-O-W (30'x 60' 1,800 SQ. FT.) / f A r i ,..,,, ..,.? . .. 2 WP LK ST ' ,, i / V1 ,/ 2 61 N \ ? 707 % . - 708 cn Z 709 7./ / • Legend / //// CITY BLOCKS ABANDONED RIGHT-OF-WAY SPENCER HWY PARCEL I si BAY AREA BLVD .. ..R ,SENS RD* BAY AREA BLVD SENS RD " " �.-- L • S ` \\ \\\ \�` \\ • \\\\\\\\\\\ OZ _, E 4 N � rt ` N. NN CS MCI O O O \ N Z n n M rQ \\N. xl(/ . 'mo�y) Z ill (Da: 41' 1 44 m 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. Date: 1r , , 2016 Grantor: City of La Porte,Texas,a municipal corporation Mailing Address: 604 West Fairmont Parkway,La Porte,TX 77571 Grantee: Ybarra Restaurants,Inc.,a Texas corporation Mailing Address: 7529 Bayway Drive,Baytown,Texas 77520 Consideration: Ten and No/100 Dollars($10.00)cash and other good and valuable considerations Vendor's Lien Note: $124,200.00 Further Consideration: The execution and delivery by the said Grantee of one certain amended promissory note of even date herewith in the principal sum shown above as Vendor's Lien Note, payable to the order of Grantor,bearing interest at the rate therein specified,providing for attorney's fees and acceleration of maturity at the rate and in the events therein set forth, and payment of said note being secured by Vendor's Lien and Superior Title retained herein in favor of said Grantor,and by amended and restated Deed of Trust of even date herewith,from Grantee to CLARK T.ASKINS, Trustee, to which reference is here made for all purposes; have GRANTED, SOLD and CONVEYED,and by these presents does GRANT, SELL and CONVEY unto the said Grantee,the following described property,to-wit: Property(including any improvements): BEGINNING at a point located at the northwest corner of Block 708, Town of La Porte, said point being located on the east line of the North 25th Street Right-of Way and the south line of the West Polk Street Right-of-Way; THENCE in a westerly direction, along the projected south line of the West Polk Street Right-of-Way to its intersection with the center line of the North 25th Street Right-of-Way; THENCE in a northerly direction along the projected center line of the North 25th Street Right-of-Way to its intersection with the north line of the West Polk St.Right- of-Way; THENCE in an easterly direction, along the north line of the W of the North 25th Street Right-of-Way to its intersection with the east line of the North 25th Street Right-of-Way; THENCE in a southerly direction, along the projected east line of the North 25th Street Right-of-Way to the POINT OF BEGINNING of the herein described tract, which was vacated,abandoned and closed by City of La Porte Ordinance No. 2016- ,3e5q passed and approved by the City Council of the City of La Porte on the 1 day of OP ,ber 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: City of La Porte,Texas P(Wu_ei, 9,40/ By. Patrice Fogarty / I Cor y .Alexan r City Secretary City Manager Approved: y I A- Clark T.Askins Assistant City Attorney STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on '1 day of DeCem ber,2016,by Corby D.Alexander,City Manager of the City of La Porte,Texas,a municipal corporation. ,PPV PUB G1A4DIS 0(7ID#130553701My Commission airea o Public, tate of Tex ' February 24,2020 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: ASKINS &ASKINS,P.C. ASKINS&ASKINS,P.C. P.O. Box 1218 P.O. Box 1218 La Porte,TX 77572-1218 La Porte, TX 77572-1218