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Home My WebLink AboutO-2018-3721 West Madison Street ROW, located in Blocks 643 and 654ORDINANCE NO. 2018- 3721 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE WEST MADISON STREET RIGHT-OF-WAY LOCATED IN BLOCKS 643 AND 654 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 portion of the West Madison Street right-of- way located within Blocks 643 and 654 of the Town of La Porte, to vacate, abandon and close said portion of the West Madison 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 West Madison Street right- of-way located within Blocks 643 and 654 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 West Madison Street right-of-way located within Blocks 643 and 654 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 West Madison Street right-of-way located within Blocks 643 and 654 of the Town of La Porte should be vacated, abandoned, and permanently closed. 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 West Madison Street right-of-way located within Blocks 643 and 654 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: Being a tract of land containing 0.5436 acres (23,680 square feet), situated in the J. Hunter Survey, Abstract 35, Harris County, Texas, being out of LaPorte Subdivision recorded in Volume 58, Page 460 of the Map Records of Harris County, Texas, being all of a tract of land conveyed unto TM Express Inc. by deed recorded under County Clerk's File No. RP- 2 2017-294630 of the Official Public Records of Harris County, Texas. Said 0.5436 -acre tract being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8 -inch iron rod with cap marked "EBI Partners" for the southwest corner of Block 643 and the northwest corner of the said tract herein described; THENCE North 8657'05" East, a distance of 296.00 feet to a set 1/2 -inch iron rod with cap marked "SURVEY 1" for the northwest corner of the said tract herein described; THENCE South 0302'55" East, a distance of 80.00 feet to a set 1/2 -inch iron rod with cap marked "SURVEY 1" for the southeast corner of the said tract herein described; THENCE South 86°57'05" West, a distance of 296.00 feet to a found 5/8-ineh iron rod with cap (illegible) for the northwest corner of Block 654 of said LaPorte Subdivision, and for the southwest comer of the said tract herein described; THENCE North 03'02'55" West, a distance of 80.00 feet to the POINT OF BEGINNING and containing 0.5436 acres (23,680 square feet), more or less. 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 3 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 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. h�j.A PASSED AND APPROVED THIS A ` —DAY OF SEPTEMBER 2018. By: ATTEST: Patrice Fogarty, Ci ecret APPROVED: Clark T. Askins, Assistant City Attorney CITY OF LA PPRTE, TEXAS Loui$ R. Rigby(M 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: September 211, 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): Being a tract of land containing 0.5436 acres (23,680 square feet), situated in the J. Hunter Survey, Abstract 35, Harris County, Texas, being out of LaPorte Subdivision recorded in Volume 58, Page 460 of the Map Records of Harris County, Texas, being all of a tract of land conveyed unto TM Express Inc. by deed recorded under County Clerk's File No. RP - 2017 -294630 of the Official Public Records of Harris County, Texas. Said 0.5436 -acre tract being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8 -inch iron rod with cap marked "EBI Partners" for the southwest corner of Block 643 and the northwest corner of the said tract herein described; THENCE North 86°57'05" East, a distance of 296.00 feet to a set 1/2 -inch iron rod with cap marked "SURVEY 1" for the northwest corner of the said tract herein described; THENCE South 03°02'55" East, a distance of 80.00 feet to a set 1/2 -inch iron rod with cap marked "SURVEY 1" for the southeast corner of the said tract herein described; THENCE South 86°57'05" West, a distance of 296.00 feet to a found 5/8-ineh iron rod with cap (illegible) for the northwest corner of Block 654 of said LaPorte Subdivision, and for the southwest comer of the said tract herein described; THENCE North 03°02'55" West, a distance of 80.00 feet to the POINT OF BEGINNING and containing 0.5436 acres (23,680 square feet), more or less, which tract was vacated, abandoned and closed by City of La Porte Ordinance No. 2018-3%.'2 I passed and approved by the City Council of the City of La Porte on the �:? i4`K day of September, 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: 19M J �'7 -1"-4 Patrice Fogarty City Secretary Approved: � 7 - Clark T. Askins Assistant City Attorney City of La Porte, Texas By: Co D. Alexander City anager STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on2?th day of September, 2018, by Corby D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation. ------------ wopy SHELLY D SIMON Notary 10 # 126309519 My Commission Expires -*4prOF00 January 14, 2020 AFTER RECORDING RETURN TO: ASKINS & ASKINS, P.C. P.O. BOX 1218 LaPorte, TX 77572-1218 PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. P.O. BOX 1218 LaPorte, TX 77572-1218