HomeMy WebLinkAboutO-2018-3709 16 Foot Alley located in Block 651
3709
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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
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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
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County of I carr$
City dL Pone
oorreut certify
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.1 '', CITY OF • •RTE TEXAS
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Patrice Fogarty, C g cretary.
APPROVED:
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Clark T.Askins,Assistant City Attorney
r'''.is• AREA MAP
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N. 15th St and Alley
/11:=1 Block 651
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W,`:Y 41 This product is for informational
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� -,� purposes and may not have
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been prepared for or be suitable
�R for legal purposes.It does not
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V.} . 1"rK survey and represents only the
• ■pproalmate relative location of
I' it''':"..*. � ` property boundaries
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• ( 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
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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