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Home My WebLink AboutR-1982-03 -- e . RESOLUTION NO. 82- 3 A RESOLUTION CONCERNING THE REALIGNMENT OF THE RIGHT-OF-WAY FOR THE EXTENSION OF BAY AREA BOULEVARD BETWEEN WEST MAIN STREET (SPENCER HIGHWAY) AND FAIRMONT PARKWAY, IN THE CITY OF LA PORTE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. By Deed dated December 13, 1974, filed for record in the office of the Harris County Clerk on January 24, 1975, under Harris County Clerk's File No. E35l190, Stephen T. Cochran, et al, conveyed to the City of La Porte, certain prop- . erty described as Tract II in said Deed, as right-of-way for the extension of Bay Area Boulevard from Fairmont Parkway to Spencer Highway. Subsequently, Stephen T. Cochran, et al, have conveyed the land immediately contiguous to said Tract II to PPG Industries, Inc., a Pennsylvania corporation. Also, subsequent to said con- veyance, Harris County, Texas, has requested the widening, and the realignment, of said proposed right-of-way. The City of La Porte, a municipal corporation, and PPG Industries, Inc., a pennsylvania corporation, are agreeable to the realignment of said right-of-way. Harris County, Texas, has further requested that the Grantee under the new right-of-way Deed be lithe public." . Section 2. The City Council of the City of La Porte hereby authorizes the Mayor to execute, and the City Secretary to attest the execution of, a Special Warranty Deed, conveying said Tract II, as described in said Deed dated December l3, 1974, from Stephen T. Cochran, et al, to the City of La Porte, a municipal corporation, as recorded under Harris County Clerk's File No. E351190, said con- veyance to be from the City of La Porte, a municipal corporation, by Special Warranty Deed, to PPG Industries, Inc., a pennsylvania corporation. The Mayor of the City of La Porte is authorized to deliver said executed Special Warranty Deed to PPG Industries, . Inc., a pennsylvania corporation, in exchange for a properly exe- . . e e Resolution No. 82- 3 , Page 2. cuted Deed from PPG Industries, Inc., as Grantor, to the public, as Grantee, conveying those certain parcels of land as more par- ticularly described by metes and bounds on Exhibit "A", Exhibit "B", and Exhibit "C", each of which exhibits are attached hereto, incorporated by reference herein, and made a part hereof for all purpose s . Section 3. The Ci ty 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 Ci ty Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Resolution shall be in effect from and after ~ its passage and approval. . PASSED AND APPROVED, this the 20th day of January, 1982. CITY OF LA PORTE By -J. J. M~- ATTEST: ~~iJ~~L .I' C Y er AP~u/ ~ Cl.ty Attorney - /' ; .~:~:.~.~ .;..... . ::;:~~~~: .", ~~i:Z~H ' .~:." /,:? . ,;..:y~ 1-; , e " e HUTCHISON & ASSOCIATES. INC. CONSULTING ENGINEERS 1107 FLEETWOOD DRIVE . BAYTOWN. TEXAS 77520 . PHONE 17131422.8213 3333 EASTSIDE. SUITE 265 . HOUSTON, TEllAS 77098 . 17131523.2367 . 'C October 8, 1981 FIELD NOTES: FRIENDSWOOD DEVELOPMENT COMPANY TO THE CITY OF LA PORTE BEING a tract of land out of the Bayport Industrial District conveyed' to the Friendswood Development Company by deed rec~rded in Volume at Page of the Harris County Deed Records, and being located in the Richard Pearsall One Third League, A-625, sa1cl tract being described by metes and bounds as follows: COMMENCING at an intracorner in the North line of the Bayport Industrial District, said intracorner being marked by a buried copper rod designated OA-l04, being also a point in the North right-of-way line of Fairmont Parkway; .' . THENCE South 86052'43" "lest with the North right-of-way line of Fairmont Parkway a distance of 99.312 feet to th~ PQINT OF BEGINNING; , , THENCE North 01001'08" West over and across a portion of the Bayport Industrial District a distance of 504.55 feet, to a point for corner, said point also being in the North line of the said Bayport Industrial Distri~t; THENCE South 86056'40" '"lest with the said North line a distance of 150.09 feet to a point for corner; THENCE South 01001'08" East over and'across the Bayport Industrial District a distance of 504.72 feet to a point for corner, said point also being in the North right-of-way line of Fairmont Parkway; THENCE North 8605.2' 43" East with the North right-of-way line of Fairmont Parkway a distance of 150.10 feet to th~ POINT OF BEGINNING. enclosing a tract of land containing 1.7377 acres, more or less. ~~. ~^-~~ ~f"~~ P. Hutchison, SUR. REG. 2260 M/jm f l... . EXHIBIT ,II CII, . .~ . . ... . ... . .., . Engineering Dept. Cit~f La Porte Sep~ber 15, 1981 e -- METES & BOUNDS DESCRIPTION OF 150' DRAINAGE'EASEMENT . .. Being a 150 feet wide drainage easement across (a) that certain 495.40639 acre tract of land out of the Richard Pearsall Survey, Abstract No. 625, Harris County, Texas, which tract was conveyed unto P.P.G. Industries, Inc., by Fairmont, Ltd., under general warranty deed dated March 28, 1980, and filed for record April 2, 1980, in the Deed Records of Harris County, Texas, under Film Code No. 154-90-0155: And .(11)) tha1;.certain 4.3697 acre tract of land out of the. Richard Pearsall Survey, Abstract No. 625, Harris County, Texas, which tract was conveyed unto P.P.G. Industries Inc., by Chemtron Corp., under general warranty deed dated February 22, 1979, and filed for reco~d in the Deed Records of Harris County, Texas, under Film Code No. . 120-97-0815, said drainage easement being more particularly described by metes and bounds as follows, to wit: COMMENCING at copper weld rod No. A-104 located in the North r~ght-of-way 1in~' of Fairmont Parkway; THENCE, S 860 52' 54" W,. a distance of 249.41 feet to a point, said point being." in the intersection. .of the North right-of-way line of Fairmont Parkway, and the West r?ght-of-way of Bay. Area Boulevard; THENCE, NOlo 01' 07" W a distance of 514.70 feet to a point;. THENGE, S 860 56' 40" W, a distance of 10 feet, said point being the POINT OF BEGINNING of .the following desc~ibed drainage easement; THENCE, N 030 55' 32" W, a distance of 150.0.2 .feet to a point; THENCE, N ..860 56' 40" E, a distance. of 2101.52 .feet to.a point of curvature; .c THENCE, generally' Southeastwardly withoa curve to the right having a central angle of 45 34' 18", a radius of 524.72 feet, and a curvilinear distance of 417.35 feet to a point on a line not tangent to this curve; . . THENCE, S 030 03' 17" E, a distan.ce of 2.59 feet to a point; THENCE, N 860 56' 40 " E, a distance of 60 feet to a point, said point being the Southeast corner of the aforementioned 495.40639 acre tract and also the Northeast corner of the aforementioned 4.3697 acre tract; THENCE, S 030 03' 17" E, a distance of 501.48 feet to a point, said point being the Southeast corner of the aforementioned 4.3697 acre tract and also being in the North r~ght-of-way line of Fairmont Parkway; EXHIBIT "B" Page 1 of 2 .. , ." .. ... . . . . e e THENCE,S 860 52' 43" W, along the North right-of way line of Fairmont Parkway a distance of 6Q feet to a point; THENCE, N 030 03' 17" Wi a distance of 136.83 feet to a point of curvature; THENCE, generally Northwestwardly with a curve to the left having a central angle of 89 59' 57", a radius of 374.72 feet, and a curvilinear distance of 588.60 feet to a point of ta~gency; THENCE, S 860 56' 40" W, a "distance of 2099.27 feet to the POINT OF BEGINNING enclosing a tract of land containing 9.4944 acres more or less. .".i .0. . .. EXHIBIT "B" page 2 of 2 ..,J . . . . , 2 e e THENCE, South 190 54' 24" East with the tangent, a distance of 1,006.94 feet to a point of curva- ture; " THENCE, generally Southwardly with a curve to the right having a central angle of 180 53' 17", a radius of 1,688.80 feet, and a curvilinear distance of 556.73 feet to a point of tangency, said point also being the most Southeastern corner of the 17.8649 acre tract described herein, said point also being in the Southerly property line of the afore- mentioned 495.40659 acre tract, said.point also be- ing South 860 56" 40" West, a distance of 29.41 feet from a copper weld rod stamped "A-l03" , an interior corner of that certain 499.4306 acre tract. as de- scribed in Volume 8076 on page 16 of the Harris County Deed Records, said copper weld rod also be- int an interior corner of the aforementioned 495.40639 acre tract; THENCE, South. 860 56' 40" West with said Southerly property line, a distance of 200.12 feet to a point for corner, said point being the most Southwestern corner of the 17.8749 acre tract described. herein; THENCE, North 010.01' 07" West, a distance of 7.11 feet to a point of curvature; THENCE, generally Nor~hwardly with a curve to the left having a. central angle of 180 53' 1711", a rad:i us of 1,488.80 feet, and a curvilinear distance of 490.80 feet to a point of tangency; THENCE, North 190 54' 24" West with the tangent a distance of 1,006.94 feet to a point of curvature; THENCE, generally Northwardly with a curve to the 'right having a central angle of 470 20' 41", a radius of 1,567.18 feet, and a curvilinear distance of 1,294.99 feet to a point of tangency; THENCE, North 270 26' 17" East with the. tangent, a distance of 397.88 feet to a point of curvatUre; . THENCE, generally Northwardly with a curve to the left having a central angle of 300 30' 00", a radius of 1,305.00 feet, and a curvilinear distance of 694.68 feet to a point of tangency; said point be- ingthe most Northwestern corner of the 17.8749 acre tract described herei~; said point also being in the Northerly property line of the aforementioned 495.40639 acre tract; . . THENCE, Nort'h '860 31' II" East with said Northerly property line, a distance of 200.00 feet to the POINT OF BEGINNING, enclosing a tract of land con- .taining l7.8749 acres, more or less. .EXHIBIT "A" page 2 of 2 c -. ~r . . . . k I e Engineering Dept. City of La Porte August 28, 1981 e LEGAL DRAFT FOR BAY AREA BOULEVARD EXTENSION '. Being a 17.8749 acre, more or less, parcel out of (a) that certain 495.40639 acre tract of land out of the Richard Pearsall Survey, Abstract No. 625, Harris County, Texas, which tract was conveyed unto PPG Industries, Inc., by Fairmont~ Ltd. under general warranty deed dated March 28, 1980, and filed for record April 2, 1980, in the Deed Records of Harris County, Texas, under Film Code No. 154-90-0155: And (b) that certain 9.89213 acre parcel of land conveyed by Fairmont, Ltd., to. the City of La Porte and fi1eq for record under County Clerk's. File No. 351190 and which was by deed dated and filed of even date herewith conveyed by the City of La Porte to PPG Industries, Inc., said 17.8749 acre, more or less, parcel of land being for the purpose of ex- tending Bay Area.Boulevard, 200 feet in width, and being more particularly described by metes and bounds as follows, to wit: COMMENCING at the point of intersection of the West right-of-way line of 25th Street, a road 60 feet in width as shown on the plat of La Porte, Block 734, recorded in Volume 67, Page X, of Harris County Map Records, and 1:he South right-of-way line of West Main (Spencer Highway), a road 114 feet in width: THENCE, South 030 03' 43" East with. the West right- of-way line of 25th Street, a distance of 421.109 feet to a point in the Northerly property line of the aforementioned 495.40639 acre tract; THENCE, South 860 31' 11" West with the said North- erly property line, a distance of 171.00 feet to the POINT OF BEGINNING, said point also being. the most Northeastern corner of the 17.8749 acre tract de- scribed herein; THENCE, South 030 03' 43" East, a: distance o~ 1.47 fee~. to a point of curvature; : . THENCE, generally Southw~rdly with a curve to the right having a central apg1e of 300 30' 00", a radius of 1,505.00 feet and a curvilinear distance of 801.15 feet, to a point of tangency; THENCE, South 270 26' 1711 West with the tangent 397.88 feet to a point of curvature; THENCE, generally Southwardly with a curve to the left having a central angle of 470 20' 41", a radius of 1,367.18 feet, and a curvilinear dis- tance of 1,129.73 feet to a point of tangency; EXHIBIT IIA" page 1 of 2 . _..-~ .. . . . .";""-",-" e e f; .1>:~ ^ \ (' \ ;tr KNOX W. ASKINS, J.D., P. C. ATTORNEY AT LAW 702 W. F"AIRMONT PARKWAY P. O. BOX 1218 LA PORTE. TEXAS 77571 GAIL .J. HAMILTON. .J. D. ASSOCIATE January 22, 1982 TELEPHONE 713 471-188e Mr. Thoma L. Butera PPG IND TRIES, INC. One G eway Center pitt urgh, pennsylvania 15222 J" Re: Bay Area Boulevard right-of-way Dear Tom: The Harris County Commissioners Court, which is the governing body of Harris County, is ready to move forward with the construction of the extension of Bay Area Boulevard, from Fainnont Parkway to Spencer Highway in La Porte. This will require the re-routing of the former right-of-way which was granted to the Ci ty of La Porte by the predecessor in title of PPG Industries, Inc. I have enclosed with this letter, a plat by the Ci ty of La Porte Eng ineering Department, showing the new right-of-way, together wi th the one hundred fifty foot (150') drainage easementi colored on the map are the locations of the land exchange between PPG Industries, Inc. and Exxon Pipeline Company. I also enclose a xerox copy, of a certified copy of a Resolution which the La Porte City Council passed at its regular meeting on January 20, 1982, which I believe is self-explani tory as to the method of ac- complishing the exchange of Deeds. I also enclose a xerox copy of the proposed form of Special Warranty Deed, from the Ci ty of La Porte to PPG Industries, Inc., and then, from PPG Industries, Inc., to the Public. The Deed from PPG In- dustries, Inc.,. is to the public, as Grantee, at the request of the Harris County Engineers Office, as portions of the right-of-way will be used by Harris County for road purposesi further portions by a uni t of the Harris County government which is known as the Harris County Flood Control District, which has jurisdiction and authori ty over drainage matters i and the right-of-way will also be used, in part, by the City of La Porte Water and Sewer Department, and by public utilities, such as the light, gas, telephone, and cable tv franchisees, for utility easements at the edge of the road right-of- way. ..1.~ ~ . . ... . e e Mr. Thomas L. Butera Pittsburgh, pennsylvania Page 2 1/22/82 When I prepared the City of La Porte Resolution, I was under the im- pression that parcel II B" was owned by PPG Industries, Inc. However, I see that it is owned by either Friendswood Development Company or Exxon Pipeline Company. Therefore, we will deal separately with them to secure the right-of-way Deed as to that parcel. We will need to get a Partial Release of Lien from the holders of the first lien note, as to the parcels of land described in Exhibits II A" and IICII. The Harris County Commissioners Court is .working against a tight time deadline on this project, and we would appreciate anything you could do to expedite the matter on your end. please call me if you have any questions. , Knox.W. Askins KWA:sgl Enclosures Mayor and / cc: The Honorable City Council City of La Porte City Hall La Porte, Texas 77571 The Honorable Jim Fonteno, County Commissioner Harris County Administration Building Houston, Texas 77002 The Honorable Tom Bass County Commissioner Harris County Administration Building Houston, Texas 77002 . City of La Porte Engineering Department City Hall La Porte, Texas 77571