HomeMy WebLinkAboutO-2018-3708 North 15th Street R.O.W. located in Block 651WHEREAS, 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 1VI Street right-of-way
located within Block 651 of the Town of La Porte, to vacate, abandon, and close said portion of
the North 15th Street right of -way, and;
WHEREAS, the City Councfll of the City of La Porte has determined and does hereby, find,
determine, and declare that the hereinafter described portion of the North 15" Street right -of. -
way located within Block 651 of the Town of La Porte 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 15 Ih Street right-of-way located within, Block 651 of the Town of La Porte is, for the
protection of the public and for the public interest and benefit, and that the hereinafter described
portion of the North 15th Street right-of-way located within Block 651 of the Town of La Porte
should be vacated, abandoned, and permanently closed.
F-1-2
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 Nlorth 151h Street right-of-way
located within Block 651 of the Town of La Porte 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:
A portion of North 15th Street, between Tyler Street and West Madison! Street, Town of
La Porte, Harris County, Texas, according to the plait as recorded in Volume 58, Page 462,
Harris County deed records;
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Beginning at the intersection of the east right-of-way line of North 15th Street and the
north right-of-way line of Tyler Street;
THENCE west 60.00 feet to the intersection of the north right-of-way line of Tyler Street
and the west right-of-way line of North 15th Street;
THENCE north 400.00 feet along the west right-of-way line of North 15th Street to the
northwest corner of this tract on the south right-of-way line of West Madison Street;
THENCE east 60.00 feet to the northeast corner of this tract located at the intersection of
the south right-of-way line of West Madison Street and the east right-of-way line of North
15th Street;
THENCE south, along the east right-of-way line of North 15th Street, a distance of 400.00
feet to the point of beginning and containing 24,000 square feet or 0.5510 acre of land.
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 S. 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
which this ordinance and the subject matter thereof has been discussed, considered, and
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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 DAY O 2018.
By:
ATTEST:
Patrice Fogarty, Cit cretaO
APPROVED:
Zz�� T,
Clark T. Askins, Assistant City Attorney
[01flip] 2EUVI!!elm
LouisjR. Rigby,
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: May 14 , 2018
Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation
Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571
Grantee: . VANEZIA PROPERTIES, L.L.C., a Texas Limited Liability Company
Mailing Address: 4402 W. Sam Houston Pkwy. N, Houston, TX. 77041
Consideration: Ten and No/ 100 Dollars ($10.00) cash
and other good and valuable considerations
Property: (including any improvements):
A portion of North 15th Street, between Tyler Street and West Madison Street, Town of
La Porte, Harris County, Texas, according to the plat as recorded in Volume 58, Page 462,
Harris County deed records;
Beginning at the intersection of the east right-of-way line of North 15th Street and the north
right-of-way line of Tyler Street;
THENCE west 60.00 feet to the intersection of the north right-of-way line of Tyler Street
and the west right-of-way line of North 15th Street;
THENCE north 400.00 feet along the west right-of-way line of North 15th Street to the
northwest corner of this tract on the south right-of-way line of West Madison Street;
THENCE east 60.00 feet to the northeast corner of this tract located at the intersection of
the south right-of-way line of West Madison Street and the east right-of-way line of North
15th Street;
THENCE south, along the east right-of-way line of North 15th Street, a distance of 400.00
feet to the point of beginning and containing 24,000 square feet or 0.5510 acre of land,
which tract was vacated, abandoned and closed by City of La Porte Ordinance No. %018-
,37D1 passed and approved by the City Council of the City of La Porte on the day
of May, 2018.
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
By:
Patrice Fogarty Ob r6y. Ale:
City Secretary City Manager
Approved:
&L, /�z 7-, 'q'"
C ark T. Askins
Assistant City Attorney
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on f rD* day of May, 2018, by Corby D.
Alexander, City Manager of the City of La Porte, Texas, a municipal corporation.
Is
GLADIS SANCHEZ
ID mission Ex
01
My Commission Expires
February 01
24, 2020
AFTER RECORDING RETURN TO:
ASKINS & ASKINS, P.C.
P.O. Box 1218
LaPorte, TX 77572-1218
Notary Public, State of Tffxas
PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C.
P.O. Box 1218
LaPorte, TX 77572-1218
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RP -2018-246497
06/04/2018 ER $28.00
ORDINANCE NO. 2018- 3708
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE NORTH 151"
STREET RIGHT-OF-WAY LOCATED IN BLOCK 651 OF THE TOWN OF LA PORTE AND AUTHORIZING
THE EXECUTION AND DELIVERY OF A DEED TO THE AD)OINING 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 North 151' Street right-of-way
located within Block 651 of the Town of La Porte, to vacate, abandon and close said portion of
the North 150' Street 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 North 151h Street right-of-
way located within Block 651 of the Town of La Porte 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 15"' Street right-of-way located within Block 651 of the Town of La Porte is for the
protection of the public and for the publk interest and benefit, and that the hereinafter described
portion of the North 151' Street right-of-way located within Block 651 of the Town of La Porte
should be vacated, abandoned, and permanently closed.
BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF LA PORTE:
Section L 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 North 151' Street right-of-way
located within Block 651 of the Town of La Porte 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:
A portion of North 15th Street, between Tyler Street and West Madison Street, Town of
La Porte, Harris County, Texas, according to the plat as recorded in Volume 58, Page 462,
Harris County deed records;
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Beginning at the intersection of the east right-of-way line of North 15th Street and the
north right-of-way line of Tyler Street;
THENCE west 60.00 feet to the intersection of the north right-of-way line of Tyler Street
and the west right-of-way line of North 15th Street;
THENCE north 400.00 feet along the west right-of-way line of North 15th Street to the
northwest comer of this tract on the south right-of-way line of West Madison Street;
THENCE east 60.00 feet to the northeast corner of this tract located at the intersection of
the south right-of-way line of West Madison Street and the east right-of-way line of North
15th Street;
THENCE south, along the east right-of-way line of North 15th Street, a distance of 400.00
feet to the point of beginning and containing 24,000 square feet or O.SS10 acre of land.
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 S. 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
which this ordinance and the subject matter thereof has been discussed, considered, and
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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 DAY O 2018.
9"WdN #r1 r 8 fie CITY OF RT TEXAS
Gid IQ Of
Md of iero�d. b « w
1� !' By:
ATTIC ;;
l
Patrice Fogarty,
APPROVED:
Z 7. -
Clark T. Askins, Assistant City Attorney
Louisa. Rigby,
H
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BIT
AREA MAP
N. 15th St and Alley
Block 651
Land Swap and
Purchase
Legend
OF BOO
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This product Is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on -the -ground
survey and represents only the
approximate relative location of
property boundaries
1 inch = 140 feet
APRIL 2018
PLANNING DEPARTMENT
RP -2018-246497
# Pages 5
06/04/2018 03:31 PM
e -Filed 6 e -Recorded in the
Official Public Records of
HARRIS COUNTY
STAN STANART
COUNTY CLERK
Fees $28.00
RECORDERS MEMORANDUM
This instrument was received and recorded electronically
and any blackouts, additions or changes were present
at the time the instrument was filed and recorded.
Any provision herein which restricts the sale, rental, or
use of the desckibed real property because of color or
race is invalid and unenforceable under federal law.
THE STATE OF TEXAS
COUNTY OF HARRIS
I hereby certify that this instrument was FILED in
File Number Sequence on the date and at the time stamped
hereon by me; and was duly RECORDED in the Official
Public Records of Real Property of Harris County, Texas.
ti COUNTY CLERK
1., HARRIS COUNTY, TEXAS