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Home My WebLink AboutO-2018-3693 Vacating, abandoning and closing a portion of the Cedar Ave ROW 3693 2 BEGINNING at a %" iron rod found for the Southeast corner of Lot 1 of Block 17 of the Sylvan Beach First Subdivision in Harris County, Texas, shown by plat or map recorded in Vol. 3, Pg. 72 Map Records of Harris County, Texas, said point being in the Northerly line of Cedar Ave.; THENCE, South 22 deg. 43 min. 10 sec. West, through Cedar Ave., 80.00 feet to a point for corner in the Southerly line of Cedar Ave.; THENCE, North 68 deg. 24 min. 34 sec. West in a Southerly line of Cedar Ave., 150.62 feet to a point for corner in same; THENCE, North 22 deg. 43 min. 10 sec. East, through Cedar Ave., 80.00 feet to a 1/2" iron rod found for the Southwest corner of Lot 3, Block 17 of said Sylvan Beach First Subdivision; THENCE, South 68 deg. 24 min. 34 sec. East, with the Southerly line of Lots 3, 2, and 1, and with the Northerly line of Cedar Ave., 150.62 feet to the POINT OF BEGINNING. Section 2.That the abandonment,vacation and closure provided for herein is made and accepted subject to all present zoning and deed restrictions if the latter exist, and all easements, whether apparent or non-apparent, aerial, surface or underground. Section 3. That the abandonment, vacation and closure provided for herein shall extend only to the public right,title, easement and interest and shall be construed to extend only to that interest which the governing body for the City of La Porte may legally and lawfully abandon, vacate and close. Section 4. That the City Manager is hereby authorized to execute and deliver a Deed Without Warranty to the abutting owner upon completion of all conditions and requirements set forth in this Ordinance. Section 5. That the abutting property owner shall pay all costs associated with procedures necessitated by the request to abandon this street segment, plus compensation for the market value of the abandoned property in accordance Chapter 62 of the City of La Porte Code of Ordinances. Section 6. 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 3 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 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 8: If any part or portion of this ordinance shall be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance. Section 9. This ordinance shall be effective from and after its passage and approval, and it is so ordered. Q PASSED AND APPROVED THIS V DAY OF JANUARY 2018. CITY OF LA POR T AS By: Loigby, Mayer ATTEST: attei, Patrice Fogarty, City ecretar APPROVED: 7 � Clark T. Askins, Assistant City Attorney „.,.:,,,,.:7.".:, „. . '..Y r ! ..Vii` y b,•:t Y :' !.'t - .,:cs.-:.,;74.' .,'":„'"N‘,..... dui :: T , 1E�1/x `r R•+ � .i. 0.7.1.1zwilir....,,_. _____:, ,, ,,, . 1 a , Iliiii 4' f•'' ' ” ' 3 rrm yk `1 F . 4 ,,// % �t�94 ti '7. / . • • + ' :t y • ' ''% •�w •�` f st^ .. ,,t / "171.. % !, . • s• " ` "';',.4 yt< v' • 'fir }� .4 �( ii 4 t • „1y �0`. • + to• 4 '14.. 1':. '''',A_'' f . /' -`T ��'' fit w ., ' / ?. R 'via "7 ` -;.mss•__ �'\ RP-2018-14942 01/11/2018 ER $40.00 ORDINANCE NO. 2018- 3693 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE CEDAR AVENUE RIGHT-OF-WAY LOCATED IN BLOCK 17 OF THE SYLVAN BEACH SUBDIVISION AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNERS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A SAVINGS CLAUSE;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 Cedar Avenue right-of-way located within Block 17 of the Sylvan Beach First Subdivision, to vacate, abandon and close said portion of the Cedar Avenue right-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 Cedar Avenue right-of-way, located within Block 17 of the Sylvan Beach First Subdivision is not suitable, needed,or beneficial C o) to the public as a public road, street,or alley,and the closing of hereinafter described portion of the Cedar Avenue right-of-way, located within Block 17 of the Sylvan Beach First Subdivision is 00 for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the Cedar Avenue right-of-way, located within Block 17 of the Sylvan Beach First Subdivision 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, Chapter 62 of the City of La Porte Code of Ordinances and Chapter 253,Texas Local Government Code, the hereinafter described portion of the Cedar Avenue right-of-way, located within Block 17 of the Sylvan Beach First Subdivision is hereby permanently vacated,abandoned, and closed by the City of La Porte, such right-of-way being generally illustrated on Exhibit "A" incorporated herein, and further described to wit: Being a 12,000 square foot tract of land (80' X 150') located within Block 17 of the Sylvan Beach Subdivision, being more particularly described by metes and bounds as follows: 2 BEGINNING at a 'A" iron rod found for the Southeast corner of Lot 1 of Block 17 of the Sylvan Beach First Subdivision in Harris County,Texas, shown by plat or map recorded in Vol. 3, Pg. 72 Map Records of Harris County,Texas, said point being in the Northerly line of Cedar Ave.; THENCE, South 22 deg. 43 min. 10 sec. West, through Cedar Ave., 80.00 feet to a point for corner in the Southerly line of Cedar Ave.; THENCE, North 68 deg. 24 min. 34 sec. West in a Southerly line of Cedar Ave., 150.62 feet to a point for corner in same; THENCE, North 22 deg. 43 min. 10 sec. East, through Cedar Ave., 80.00 feet to a 'A" iron rod found for the Southwest corner of Lot 3, Block 17 of said Sylvan Beach First Subdivision; THENCE, South 68 deg. 24 min. 34 sec. East, with the Southerly line of Lots 3, 2, and 1, and with the Northerly line of Cedar Ave., 150.62 feet to the POINT OF BEGINNING. Section 2.That the abandonment,vacation and closure provided for herein is made and accepted subject to all present zoning and deed restrictions if the latter exist, and all easements, whether apparent or non-apparent, aerial, surface or underground. Section 3. That the abandonment, vacation and closure provided for herein shall extend only to 0o the public right,title,easement and interest and shall be construed to extend only to that interest which the governing body for the City of La Porte may legally and lawfully abandon, vacate and close. Section 4. That the City Manager is hereby authorized to execute and deliver a Deed Without Warranty to the abutting owner upon completion of all conditions and requirements set forth in this Ordinance. Section 5. That the abutting property owner shall pay all costs associated with procedures necessitated by the request to abandon this street segment, plus compensation for the market value of the abandoned property in accordance Chapter 62 of the City of La Porte Code of Ordinances. Section 6. 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 3 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 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 8: If any part or portion of this ordinance shall be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance. Section 9. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED THIS I DAY OF JANUARY 2018. State ofTexm Cid, dLPone I hereby eatify tint the attached tame* a 1611, Ircese5 correct copy as the surra of record. la ',fitness % I have Mr+eumo jet my hood and affixed the official seal of eit CITY OF LA PAR T • j },, f y ver l c6 . 1 p ' Jt :• ..��: Louis R. .igby, Mayer N , • ,e{. •''y• * / ATTES�':'� ' • . :\., • • r 1 • . %