HomeMy WebLinkAboutO-2018-3731 Crescent Drive Street ROW, located in the Block 2 of Crescent Shores SubdivisionORDINANCE NO. 2018- 2018-3731
ANORDINANCE VACATING, ABANDONING AND CLOSING APORTION OF THE CRESCENT DRIVE
STREET RIGHT-OF-WAY LOCATED IN BLOCK 2 OF CRESCENT SHORES SUBDIVISION AND
AUTHORIZING THE EXECUTION AND 0B|\/ERY OFA DEED T0THE ADJOINING LANDOWNER;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING ANEFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by the record owner
ofthe property abutting the hereinafter described portion mfthe Crescent Drive street right-of-
way located within Block ofCrescent Shores Subdivision, tmvacate, abandon and dose said
portion ofthe Crescent Drive street righL-0f-vvay,and;
WHEREAS, the City Council Vfthe City ofL8Porte has determined and does hereby find,
determine, and declare that the hereinafter described portion of the Crescent Drive Stn22t right-
of-way located within Block 2 of Crescent Shores Subdivision, 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 Crescent Drive street right-of-way located within Block 2 of Crescent Shores
Subdivision, is for the protection of the public and for the public interest and benefit, and that
the hereinafter described portion of the Crescent Drive street right-of-way located within Block
2 of Crescent Shores Subdivision should be vacated, abandoned, and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Under and bvvirtue 0fthe power granted tVthe City OfLa Porte under its home
rule charter, Chapter 62ufthe City ofLaPorte Code VfOrdinances and Chapter 253,Texas Local
Government Code, the hereinafter described portion of the Crescent Drive street right-of-way
located within Block 2 of Crescent Shores Subdivision 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:
Description of part of Crescent Drive, being a tract ot'land containing 0.064 acres (2,776.5
square feet), 50 foot in width right of way, adjoining the west line of Lot 1 and Lot 2, in
Block I, in Crescent Shores, a subdivision in Harris County, Texas, according to the
recorded plat thereof recorded in Volume 8, Page 58 in the Office of the County Clerk of
2
Harris County, Texas said 0.064 -acre tract being more particularly described by metes and
bounds as follows:
BEGINNING at the northwest corner of Lot 1, in Block 1, in said Crescent Shores
Subdivision, said point being the northeast corner of the north end of said Crescent Drive
and said point lying in the north line of Crescent Shores subdivision;
THENCE from said beginning point south 2.5 degrees 50 minutes west, along the easterly
right of way line of said Crescent Drive, 50 foot in width right of way, and along the west
line of Lots 1 and 2, in Block 1, a distance of 111.06 feet to a point for corner, said point
being the southwest corner of Lot 2, in Block 1 and said point lying in the east projection
of the north right of way line of Edgewood Avenue, 50 foot in width right of way;
THENCE west, across Crescent Drive and along the east projection of the north right of
way line of Edgewood Avenue, 50 foot in width right of way, a distance of 27.78 feet to a
point for corner in the centerline of Crescent Drive, 50 foot in width right of way;
THENCE north 25 degrees 50 minutes east, along the centerline of Crescent Drive, 50 foot
in width right of way, a distance of 111.06 feet to a point for corner in the north line of
Crescent Shores subdivision and the north end of Crescent Drive;
THENCE east, along the north line of Crescent Shores Subdivision and along the north end
of Crescent Drive, a distance of 27.78 feet to the point of beginning and containing and
containing 0.064 acres (2,776.50) 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.
3
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
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 10th DAY OF DECEMBER 2018.
By:
ATTEST:
ilo-v' 11F
Patrice Fogarty, C Secre ry
APPROVED:
Clark T. Askins, Assistant City Attorney
CITY OF LA RQUE, TEXAS
Rigby,
RP-2018-569750
12/21/2018 ER $36.00
ORDINANCE NO.2018- 2018-3731
AN ORDINANCE VACATING,ABANDONING AND CLOSING A PORTION OF THE CRESCENT DRIVE
STREET RIGHT-OF-WAY LOCATED IN BLOCK 2 OF CRESCENT SHORES SUBDIVISION AND
AUTHORIZING THE EXECUTION AND DEUVERY OF A DEED TO THE ADJOINING LANDOWNER;
FINDING COMPUANCE 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 Crescent Drive street right-of-
way located within Block 2 of Crescent Shores Subdivision, to vacate, abandon and close said
portion of the Crescent Drive 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 Crescent Drive street right-
of-way
located within Block 2 of Crescent Shores Subdivision, is not suitable, needed, or
beneficial to the public as a public road, street,or alley, and the closing of hereinafter described
v,
cfl portion of the Crescent Drive street right-of-way located within Block 2 of Crescent Shores
u7
0o Subdivision, is for the protection of the public and for the public interest and benefit, and that
CD the hereinafter described portion of the Crescent Drive street right-of-way located within Block
CL 2 of Crescent Shores Subdivision should be vacated, abandoned, and permanently closed.
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 portion of the Crescent Drive street right-of-way
located within Block 2 of Crescent Shores Subdivision 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:
Description of part of Crescent Drive, being a tract of land containing 0.064 acres(2,776.5
square feet), 50 foot in width right of way, adjoining the west line of Lot 1 and Lot 2, in
Block 1, in Crescent Shores, a subdivision in Harris County, Texas, according to the
recorded plat thereof recorded in Volume 8, Page 58 in the Office of the County Clerk of
2
Harris County,Texas said 0.064-acre tract being more particularly described by metes and
bounds as follows:
BEGINNING at the northwest corner of Lot 1, in Block 1, in said Crescent Shores
Subdivision, said point being the northeast corner of the north end of said Crescent Drive
and said point lying in the north line of Crescent Shores subdivision;
THENCE from said beginning point south 2.5 degrees 50 minutes west, along the easterly
right of way line of said Crescent Drive, 50 foot in width right of way, and along the west
line of Lots 1 and 2, in Block 1, a distance of 111.06 feet to a point for corner, said point
being the southwest corner of Lot 2, in Block 1 and said point lying in the east projection
of the north right of way line of Edgewood Avenue, 50 foot in width right of way;
THENCE west, across Crescent Drive and along the east projection of the north right of
way line of Edgewood Avenue, 50 foot in width right of way, a distance of 27.78 feet to a
point for corner in the centerline of Crescent Drive, 50 foot In width right of way;
THENCE north 25 degrees 50 minutes east,along the centerline of Crescent Drive, 50 foot
in width right of way, a distance of 111.06 feet to a point for corner in the north line of
Crescent Shores subdivision and the north end of Crescent Drive;
i THENCE east,along the north line of Crescent Shores Subdivision and along the north end
of Crescent Drive, a distance of 27.78 feet to the point of beginning and containing and
of containing 0.064 acres(2,776.50)square feet, more or less.
LO
ob
Section 2.That the abandonment,vacation and closure provided for herein is made and accepted
0
subject to all preseiit zoning and deed restrictions if the latter exist, and all easements,whether
IY 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.
3
Section 6. The Cit, 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 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 orainance shall be effective from and after its passage and approval, and it is so
ordered.
PASSED AND APPROVED THIS 10th DAY OF DECEMBER 2018.
Lc)
00
0
cV CITY OF LA PPPRE,TEXAS
it
By:
Louis R. Rigby, yoj
ATTEST:
County of F i anis
Patrice Fogarty,C i Secre ry Go°TLa Porta
I hereby certify dist de attached meet it a fist flee and
APPROVED: erect copy as the same of mord. 1n Nitness N
I haw i?eretittto act MYbondand affixedfie official =I of said
oR'wsyhia l•r.A.A5#Y do,y of
S
Clark T. Askins, Assistant City Attorney 4 ..,,
Signatire I
(
NJ:j