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Home My WebLink AboutO-2009-3153 Pulled/No action taken;closing portion of Street “E” Right-of-Way,Lot 1, Block 5 & Lot 2, Block 4,Pine Bluff Subdivision B 1h is J1e Y't1 /AJ~ l>vt- 0 -t d.. b-t 8T1rfF- N 0 a..&f-jo~ ~-e^ REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Source of Funds: N/A Account Number: N/A Report: _Resolution: _Ordinance: l Amount Budgeted: N/A Amount Requested: Exhibits: 1. Ordinance 2. Deed without Warranty 3. Area Map Budgeted Item: _YES -X....NO SUMMARY & RECOMMENDATION The City has received and processed an application from Mrs. Janice Crofoot to close a portion of the Street "E" right-of-way situated between Lot 2, Block 4 and Lot 1, Block 5 of the Pine Bluff Subdivision. The subject right-of-way consists of 1 ,498 square feet. The applicant desires to consolidate these lots with the right-of-way between them in order to facilitate development of a home on the property. The City's franchised utility companies have each reviewed the closing request and issued letters of no objection. Public Works' review of the closing has determined that existing water and sanitary sewer lines terminate within the area to be closed. These utilities will be abandoned in place upon approval of the closing ordinance. Staffs additional review of drainage in the area has concluded that the subject closing will have no adverse affect on current or future plans for drainage improvements in the area. In accordance with Section 62.35 of the Code of Ordinances, Staff has ordered an independent appraisal of the right-of-way to be closed. As a result, fair market value has been assessed at $5.00 per square foot for which the City has subsequently received payment from the applicant in the amount of$5,617.50 (75% of Fair Market Value per the ordinance). Action Required of Council: Consider approval of an ordinance vacating, abandoning, and closing that portion of the Street "E" Right-of-Way situated between Lot 1, Block 5 and Lot 2, Block 4 of the Pine Bluff Subdivision as ested by the applicant. Ron Bottoms, City Manager lLib t1 Date 1h1s ~l~ tJ05 OK~'-t~ - rf!J a t:hlYl ~~ AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE STREET "E" RIGHT-OF-WAY, PINE BLUFF SUBDIVISION, LA PORTE, HARRIS COUNTY, TEXAS, AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. . '3153 ORDINANCE NO. 2009- WHEREAS, the City Council of the City of La Porte has been requested by the record owner of all of the property abutting the hereinafter described portion of the Street "E" Right-of- Way, Pine Bluff Subdivision, La Porte, Harris County, Texas; to vacate, abandon, and permanently close the hereinafter described portion of the Street "E" Right-of-Way, Pine Bluff Subdivision, La Porte, Harris County, Texas; 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 Street "E" Right-of-Way, Pine Bluff Subdivision, La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of the hereinafter described portion of the Street "E" Right-of-Way, Pine Bluff Subdivision, La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the Street "E" Right-of-Way, Pine Bluff Subdivision, La Porte, Harris County, Texas, 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 and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described portion of the Street "E" Right-of-Way, 2 Pine Bluff Subdivision, La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte as illustrated by Exhibit "AU attached hereto and made part of herein and described to wit: Being a 1,498 square foot tract of land and being the North portion of Street "E", between Lot 1, Block 5, and Lot 2, Block 4, of Pine Bluff Subdivision as recorded in Volume 40, at Page 244 of the Harris County Map Records, and being out of the W.P. Harris Survey, A-30, La Porte, Harris County, Texas, said 1,498 square foot tract of land being more particularly described as follows: BEGINNING at a ~" iron rod found for the southeast corner of Lot 2, Block 4, and being a point in the West right-of-way line Street "E", as recorded; Thence, North, coincident with the East line of said Lot 2, Block 4, and the West right-of-way line of Street "E", a distance of 50.00 feet to a 5/8" iron rod with cap set for the Northeast corner of said Lot 2, Block 4, said point being in the North line of Pine Bluff Subdivision and the South line of Lot 6, Crescent View Subdivision as recorded in Volume 655, at Page 359, of the Harris County Deed Records; Thence, East, coincident with the North line of Pine Bluff Subdivision and the South line of Lot 6, Crescent View Subdivision, a distance of 29.96 feet (Call 30.0 feet) to a 5/8" iron rod with cap set for the Northwest corner of said Lot 1, Block 5, Pine Bluff Subdivision; Thence, South, coincident with the West line of said Lot 1, Block 5, and the East right-of-way line of Street "E", a distance of 50.00 feet to a ~" iron rod found for the Southeast corner of said Lot 2, Block 4, returning to the POINT OF BEGINNING. As a condition of passage and approval of this ordinance, the existing public water and sanitary sewer mains located wi thin the above-described right-of-way shall be abandoned in place by the City. 3 Section 2. The City Council officially finds, determines, reci tes, 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 Ci ty 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 subj ect 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. 4 PASSED AND APPROVED THIS 13TH DAY OF JULY 2009. CITY OF LA PORTE By: ATTEST: ~- fYIflrxh~ {? L/htitf Martha Gillett, City Secretary APPROVED: ~M Knox W. Askins, City Attorney EXHIBIT "A" TO ORD. 2009 - 6 3 STREET 'E~ ASP HAL T PVM'T. . 190.00' f'ND. NCRTH-190,14' 5 ~ ~ ~,). ~"? ~ " ' 2 ~ e ~ ~ S Co') i ~ ~ 6 " :::: "Il ~. .... 10 ~ <-I ifi 0< r- ~c t:l ~ "'-1 =< ;;OC ;]>;;0 3 ~ ~ 1"'1 ~-< 2 1 1 +.- S! 11l.3' ., r- .... ~ ~ ..., ~ ~ '" ~~ ~~ "l - .. EZc) 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: July 13, 2009 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: Sterling Trust Company, Custodian FBO: Janice Crofoot IRA# 074280 Mailing Address: 7901 Fish Pond Rd., Waco, TX 76710-1013 Consideration: Ten and NO/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements) : Being a 1,498 square foot tract of land and being the North portion of Street "E", between Lot 1, Block 5, and Lot 2, Block 4, of pine Bluff Subdivision as recorded in Volume 40, at Page 244 of the Harris County Map Records, and being out of the W.P. Harris Survey, A-30, La Porte Harris County, Texas, as generally illustrated on Exhibit "A" attached herein and made part hereof, and more particularly described by metes and bounds on Exhibit "B" attached hereto, containing a total of one thousand four hundred ninety-eight (1,498) square feet, which Street Right-of-Way was vacated, abandoned, and closed by City of La Porte Ordinance No. 2009- , passed and approved by the city Council of the City of La Porte on July 13, 2009. 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. City of La Porte By: Ron Bottoms, city Manager Attest: 'f!1 d(ji4JJ. ## Martha A. Illett city Secretary ~ed: ~~~ W. As&ns I City Attorney 41' 1h 15 "1-e m wAS pIA.. l/-ed . ~O a.oI\t>~ i-ct.l:en. STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This instrument was acknowledged before me on the day of , 2009, by Ron Bottoms, city Manager of the City of La Porte, a municipal corporation. Notary Public, State of Texas AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, TX 77572-1218 6 ~ ~.~ ~~~ ~ ~7." 3 2 ~ i ~ ~ ~ M "" ~ .... Q .8 ~ .. ~. ~., (C'. \ STREET 'E~ ASPHALT PVM'T, 190.00' F'ND. NCRTH-190,14' ::::: I'\! n ... S1 e' ~ lo ~" :a;:-4 ffl ~ c< c cc r t:::l", M = ..,-4 ~ C'l ;00 ~ :J> :1>;0 "-t r.1 x..; r. ~ 1"1 ." ~ 3 ~ 2 "" 1 n 1 c 1:- ;r lD.3' Ci! '" ... C) b ~ <'" ~ ~!:l ",. "U~ ~ 6 ~~ n ~~ ~ ii ii ff ~ZQ EXHIBIT nAn " 00 i , METES L.J BOUNDS DESCRIPTION c'':', { :> .;tO~",~~r~ S'r'RES'l' I"'L.:JSING Being a 1,498 square foot tract of land and being the!- North portion of Street llEJI, between Lot I, Block 5, and Lot 2 I Block 4 I of Pine Bluff Subdivision as recorded in volume 40, at Page 244 of the Harris County Map RecordS J and being out of the W. P. Harris Survey, A-30, La Porte, Harris eounty, Texas, said 1,498 square foot tt"act of land being more particularlY described as follows:' BEGINNING at a 1/21t iron rod found for the South East corner of Lot 2 r Block 4, and being a point in the West right-of-way line of Street !tEll, as recorded; Thence J North, coincident with the East Une of said Lot 2, Bloclt 4 J and the West right-of-way line of Street "E", a distance of 50.00 feet to a 5/8" iron rod with cap set for the Northeast corner of said Lot 2, Block 4, said pOint being in the North line of Pine Bluff SUbdivision and the South line of Lot 6, Crescent View Subdivision as recorded in Volume 655, at paqe 359, of the Harris County Deed Records; Thenc&, East, coincident with the North line of Pine Bluff Subdivision and the South line of Lot 6, Crescent View SUbdivision, a distance of 29.96 feet (Call 30.0 feet) to a SIgn iron rod with cap set for the Northwest corner of said Lot 1, Block 5, Pine Bluff Subdivision; Thence, South, coincident with the West line of said Lot 1, Block 5, and the East right-of-way line of Street "E", a distance of 50.00 feet to a 1/211 iron rod found for the Southwest corner of said Lot 1, Block 5; Thence J west T crossing street flEII, a distance of 29.96 feet (call 30.0 feet), to a 1/2" iron rod. found for the Southeast corner of said Lot 2. Block 4, retu:rn.ing to the FOIN'l' OF BEGINNING. PREPARED FROM A SURVEY OF LOT 1, BLOCK 5, BLOCK 4, OF PINE BLUFF SUBDIVISION. 00 EXHIBIT DBn EXHIBIT 3 - AREA MAP N W~E .~ S