Loading...
HomeMy WebLinkAboutO-2018-3709 16 Foot Alley located in Block 651 3709 2 THENCE west, along the north line of said Tyler Street, a distance of 16.00 feet to the southwest corner of this tract located at the intersection of the north right-of-way line of Tyler Street and the west line of said alley and being the southeast corner of Lot 16 of said Block 651; THENCE north, along the west line of said alley,a distance of 400.00 feet to the northeast corner of Lot 1 of said Block 651 located at the intersection of the west line of said alley and the south right-of-way line of West Madison Street and being the northwest corner of this tract; THENCE east, along the south right-of-way line of West Madison Street, a distance of 16.00 feet to the northwest corner of Lot 32 of said Block 651, located at the intersection of the south right-of-way line of West Madison Street and the east line of said alley and being the northeast corner of this tract; THENCE south, along the east line of said alley, a distance of 400.00 feet to the point of beginning and containing 6,400 square feet or 0.1469 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 5. That the abutting property owner shall pay all costs associated with procedures necessitated by the request to abandon this alley right-of-way, 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`7 —DAY 0V/247/y2018. CITY OF/ #RTE,TEXAS By. `dJ A Louis '. Rigby, or ATTEST: 106;m)LA9 -41)1,z-107 Patrice Fogarty, Ci ecretary APPROVED: Clark T. Askins, Assistant City Attorney 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 l 4 ,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 16 foot wide alley across Block 651,Town of La.Porte,Harris County,Texas,according to the plat as recorded in Volume 58, Page 462, Harris County deed records, said alley adjoined on the south by Tyler Street and adjoined on the north by West Madison street; BEGINNING at the southwest corner of Lot 17,Block 651,City of La Porte located at the intersection of the north right-of-way line of said Tyler Street and the east line of said alley and being the southeast corner of this tract; THENCE west, along the north line of said Tyler Street, a distance of 16.00 feet to the southwest corner of this tract located at the intersection of the north right-of-way line of Tyler Street and the west line of said alley and being the southeast corner of Lot 16 of said Block 651; THENCE north,along the west line of said alley, a distance of 400.00 feet to the northeast corner of Lot 1 of said Block 651 located at the intersection of the west line of said alley and the south right-of-way line of West Madison Street and being the northwest corner of this tract; THENCE east, along the south right-of-way line of West Madison Street, a distance of 16.00 feet to the northwest corner of Lot 32 of said Block 651, located at the intersection of the south right-of-way line of West Madison Street and the east line of said alley and being the northeast corner of this tract; THENCE south, along the east line of said alley, a distance of 400.00 feet to the point of beginning and containing 6,400 square feet or 0.1469 acre of land,which trasj was vacated, abandoned and closed by City of La Porte Ordinance No. 2018-3 109 passed and approved by the City Council of the City of La Porte on the j / - 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 au.tt By: `A. & Patrice Fogarty Cor f').Alexander City Secretary City Manager Approved: lark T.Askins Assistant City Attorney STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on 16 01 day of May, 2018, by Corby D. Alexander,City Manager of the City of La Porte,Texas,a municipal corporation. Aota gPPY P� Ary Public, State of Tex , GLID DIS#130553701SANCHEZo My Commission Expires 44' Febru, 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 RP-2018-246498 06/04/2018 ER $28.00 ORDINANCE NO.2018- 3709 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE 16 FOOT ALLEY LOCATED IN BLOCK 651 OF THE TOWN OF LA PORTE AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER; 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 16 foot alley, located within Block 651 of the Town of La Porte,to vacate, abandon and close said 16 foot alley 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 16 foot alley, located within Block 651 of the Town of La Porte is not suitable, needed, or beneficial to the public as a public road, street, co or alley, and the closing of hereinafter described 16 foot alley located within Block 651 of the a) Nr Town of La Porte is for the protection of the public and for the public interest and benefit, and that the hereinafter described 16 foot alley located within Block 651 of the Town of La Porte cO should be vacated,abandoned,and permanently closed. 0 N 11 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 16 foot alley located within Block 651 of the Town of La Porte is hereby permanently vacated, abandoned, and dosed by the City of La Porte, such right-of-way being generally illustrated on Exhibit"A"incorporated herein,and further described to wit: A 16 foot wide alley across Block 651, Town of La Porte, Harris County, Texas, according to the plat as recorded in Volume 58, Page 462, Harris County deed records, said alley adjoined on the south by Tyler Street and adjoined on the north by West Madison street; BEGINNING at the southwest corner of Lot 17, Block 651, City of La Porte located at the intersection of the north right-of-way line of said Tyler Street and the east line of said alley and being the southeast corner of this tract; 2 THENCE west, along the north line of said Tyler Street, a distance of 16.00 feet to the southwest corner of this tract located at the intersection of the north right-of-way line of Tyler Street and the west line of said alley and being the southeast corner of Lot 16 of said Block 651; THENCE north,along the west line of said alley,a distance of 400.00 feet to the northeast corner of Lot 1 of said Block 651 located at the intersection of the west line of said alley and the south right-of-way line of West Madison Street and being the northwest corner of this tract; THENCE east, along the south right-of-way line of West Madison Street, a distance of 16.00 feet to the northwest corner of Lot 32 of said Block 651,located at the intersection of the south right-of-way line of West Madison Street and the east line of said alley and being the northeast corner of this tract; THENCE south, along the east line of said alley, a distance of 400.00 feet to the point of beginning and containing 6,400 square feet or 0.1469 acre of land. Section 2.That the abandonment,vacation and closure provided for herein is made and accepted o0 subject to all present zoning and deed restrictions if the latter exist,and all easements, whether C) apparent or non-apparent, aerial,surface or underground. CN N Section 3.That the abandonment,vacation and closure provided for herein shall extend only to 00 the public right,title,easement and interest and shall be construed to extend only to that interest Cwhich 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 alley right-of-way,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 /`T DAY OP�,�Q 018. State of Texas IV V County of I carr$ City dL Pone oorreut certify t essa a attached Y t id,_ tw 1 have - my > °�. waaria co off• this la 0 . .1 '', CITY OF • •RTE TEXAS iCD t•. �,...�.• , •.r B r CN Aill, ir, c0 ,,,,,t:. ,.:;.:.:. ? ,,i*•`.'' ,r.1i:..,_....,.:.,/.,.,. .. . f FLou`y,K . o . \ � rw .1` �... is •. •igby, a or • !Y ATT , w ;.x`+41 .• • 01:111, --....• ", _. J.- '/i Patrice Fogarty, C g cretary. APPROVED: i t{/� Clark T.Askins,Assistant City Attorney r'''.is• AREA MAP t 1... N. 15th St and Alley /11:=1 Block 651 ;i i I. 7---1�--rt 1,14::.• Land Swap and • ':lIi1- Ill �" i.w�•it q Purchase r Legend 0) , q (0 `"" , .. Ad 141h170.1, N II , 114fir. - 13 1 CL illi Nlkit..._ 4,42::;) W,`:Y 41 This product is for informational LL .i ;C. � -,� purposes and may not have Ili been prepared for or be suitable �R for legal purposes.It does not �i rep en on-the-ground V.} . 1"rK survey and represents only the • ■pproalmate relative location of I' it''':"..*. � ` property boundaries I i et • ( 1 inch= 140 feet .. APRIL 2018 is''' , +i — ils 'V, PLANNING DEPARTMENT EXHIBIT 1 A RP-2018-246498 # Pages 5 06/04/2018 03:31 PM e-Filed & e-Recorded in the Official Public Records of HARRIS COUNTY STAN STANART COUNTY CLERK Fees $28.00 0D O) Co N 00 O N CCCC 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 described 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. 01,0„„. aJ4 COUNTY CLERK HARRIS COUNTY,TEXAS