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Home My WebLink AboutO-2008-3105 execute Ingress and Egress easement/granting Sabino Ornelas access to residential property, across portion of alley in Block 1445 18 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Reqnested: AnS!ust 25. 2008 Roqvest... By, TIm Tietje.. ~ Department: PlanmnS! Director BudS!et Source of Funds: nla Account Number: nla Report: X Resolution: Ordinance: X Amount Budgeted: n/a Exhibit 1: Exhibit 2: Exhibit 3: Ordinance Inl!tess and El!tess Easement Instrument Area Map Amount Requested: nla Budgeted Item: NO SUMMARY & RECOMMENDATION Mr. Sabino Ornelas has applied for a permit to construct a home on Lots 25-32, Block 1445, La Porte which fronts the South "P" Street right-of-way. This right-of-way serves as the main entrance and parking facility for the City's Little Cedar Bayou Nature Trail system. As such, the City desires to maintain the natural aesthetic of the entrance by protecting it from additional development. Several years ago, the City purchased and deeded lots 7 & 8 in the block to a previous owner in exchange for a small section of property that was encroached upon during construction of the nature trail project. This action allowed for an alternate means of access to the subject property without compromising the public's access and the natural appearance of the trail system entrance. The previous owner did not develop the property as he had planned and the land was subsequently sold to Mr. Ornelas. In order for Mr. Ornelas to gain full access to Lots 25-32, the City must grant an Ingress and Egress Easement across that portion of the alley in Block 1445 located between Lots 7 & 8 and Lots 25 & 26. This easement will provide Mr. Ornelas the access he needs to build his home and utilize his property. Action Reauired bv Council: Ap rove an ordinance authorizing the City Manager to execute an Ingress and Egress easement . g Sabino Ornelas access across a portion of the alley in Block 1445, La Porte. enda ~ ORDINANCE NO. 2008- 3/oS- AN ORDINANCE APPROVING AND AUTHORIZING AN INGRESS AND EGRESS EASEMENT BETWEEN THE CITY OF LA PORTE AND SABINO C. ORNELAS, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. 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 formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. E](#/Brr 1. PASSED AND APPROVED, this 25th day of August, 2008. ATTEST: ~ tJ,Aud Martha A. Gillett City Secretary APPROVED: ~ ;-: ~A~A~ Clark T. Askins . Assistant City Attorney ~~~ OF LA~TE . By: ~4. \ ~.~ Alton E. Porter, Mayor 2 INGRESS AND EGRESS EASEMENT STATE OF TEXAS s s s KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS That the City of La Porter Texasr a municipal corporationr whose address is 604 West Fairmont ParkwaYr La Porter Texas 77571 ("Grantor") r for and in consideration of Ten Dollars ($10.00) cash and other good and valuable consideration paid by Sabino C. Ornelasr an individualr whose address is 710 North 13th Streetr La Porter Texas 77571 ("Grantee") r the receipt and sufficiency of which is hereby acknowledged and confessedr has this day GRANTEDr BARGAINEDr SOLD AND CONVEYED and by these presents do GRANTr SELL AND CONVEY unto said Granteer and to his successors and assignsr a right-of-way and ingress and egress easementr alongr overr and across the hereinafter described City of La Porte alleYr for the benefit of and as an easement appurtenant to the adjacent real property owned by Granteer for the purpose of 1) ingress and egress to said adj acent real property owned by Grantee r over which easement Grantee is authorized to install and maintain an asphalt driveway; and 2) installation of a water service line to connect said adjacent property owned by Grantee to the existing water main located in and along South Broadway Streetr in La Porte. The easement and right-of-way property is more particularly described as followsr to-wit: That portion of the 16r alley located in Block 1445r of Town of La Porter a subdivision in Harris CountYr Texasr according to the map or plat thereofr recorded in Volume 72r Page 4 of the Deed Records of Harris CountYr situated between the easternmost portion of Lots 7 and 8r in said Block 1445r and the westernmost portion of Lots 25 and 26r in said Block 1445r and containing 800 square feet. Under the terms of and as an express condition to the granting of the above described right-of-way and easementr Grantor shall reserve the right to use the easement property granted to Granteer to access and maintain the underlying alleywaYr for any and all purposes incident thereto r including maintenance of City of La Porte utilitiesr which right shall also extend to any of Grantorrs franchised utilitiesr or other authorized agents. It is expressly understood and agreed by Grantee that the grant of the herein described easement does not constitute a closing or partial closing of any portion of the alley in said Block 1445. It is furthermore understood and agreed by Grantee that Grantorr its franchised utilitiesr or any authorized agent of Grantorr shall have the right to remover disassembler dislodger or otherwise impair the condition of any asphalt driveway or other surface improvement installed by Grantee on the subject easementr or any water service line located underneath the easement surfacer without any corresponding duty or obligation to repair same; for such purposesr Grantee shall be solely responsible for the cost of repair. ~/&5/-r ;Z Grantee shall agree to locate the water meter box for the provision of water service to Grantee's property located adjacent to the easement herein granted, as close as practicable to the water main located along South Broadway Street, and as directed by the City of La Porte, and for such purposes shall be responsible for the maintenance and repair of any water service line located in the easement herein granted. The rights granted to Grantee herein are conditioned on the reasonable exercise thereof for the benefit of the dominant tenement, and in the event of unreasonable use or use for non- dominant purposes, or use by means otherwise injurious to the servient tenement, Grantor shall have the right to extinguish said easement. TO HAVE AND TO HOLD the above described easement and right-of- way, together with all and singular the rights and appurtenances thereto in anywise belonging unto said Grantee, and his successors and assigns, forever. WITNESS THE EXECUTION HEREOF on this the ffday of fJU9tJ5}- 2008. CITY OF LA PORTE By: City STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ ~iS instrument was acknowledged before me on the ~~day of , 2008, by Ron Bottoms, City Manager of the City of La Po e, a municipal corporation, on behalf of said city. t\ f 11 {Jj-lfJL0~, ~ary Public, State of Texas IIWION ... Mr ec........... .... _..~.... 12. 2G09 .' '........ . AFTER RECORDING, RETURN TO: PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, TX 77572-1218 ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, TX 77572-1218 t EM'LB/-r ~