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Home My WebLink AboutO-2009-3153 Passed;closing portion of Street “E” Right-of-Way,Lot 1, Block 5 & Lot 2, Block 4,Pine Bluff Subdivision 7 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Julv 27. 2009 Source of Funds: N/A Requested By: Tim Tietiens Account Number: N/A Department: Plan nine: Report: _Resolution: _Ordinance:...x.. 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 1,498 square foot portion of the "E" Street right-of-way situated between Lot 2, Block 4 and Lot 1, Block 5 of the Pine Bluff Subdivision. The applicant desires to consolidate the subject right-of-way with the lots she owns to facilitate future development of a home on the property. "E" Street terminates at this location, and if approved, would be foreshortened by approximately 50 feet. 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 review of drainage in the area has concluded that the closing will have no adverse affect on existing drainage or on the City's current and/or future drainage improvement plans 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 "E" Street Right-of- Way situated between Lot 1, Block 5 and Lot 2, Block 4 of the Pine Bluff Subdivision as reques he applicant. 7~jfj Date Ron Bottoms, City Manager ORDINANCE NO. 2009- --1J ro 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. 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 UA" 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 t.he Harris Count.y Map Records, and being out of the W. P. Harris Survey, A-30, La Porte, Harris Count.y, 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 t.he 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, Sou th , coinciden t with the Wes t line of said Lot 1, Block 5, and the East. right-of-way line of Street "E", a distance of 50.00 feet t.o a ~" iron rod found for the Sout.heast 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 within the above-described right-of-way shall be abandoned in place by the City. 3 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. 4 PASSED AND APPROVED THIS 27TH DAY OF JULY 2009. CITY OF LA PORTE By: easley, Mayor ATTEST: cm~~~~ Martha Gillett, City Secretary APPROVED: ~Jtl~ Knox W. Askins, City Attorney EXHIBIT "A" TO ORD. 2009 - 5/S-3 I , ~~ ~ 6 3 STREET "'E:! ~. ~-l ~ ~~ i' i~ 3 't ;;I ~-< e 1 -t"" :-'1-- .~ -,-- ~ 5 6 ~ "-' ~r N ~r 0' I Uj m I I \l~ I'\~ , o ~~ ;!~ ~'" 20100539402 12/20/2010 RPl $28.00 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 27, 2009 Grantor: city of La Portel 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 liE", 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 I and being out of the W.P. Harris SurveYI A-3D, La Porte Harris County I Texas, as generally illustrated on Exhibit "A" attached herein and made part hereof, and more particularly described by metes and bounds on Exhibit liB" attached heretol containing a total of one thousand four hundred ninety-eight (1/498) square feetJ which Street Right-of-Way was vacated, abandonedJ and closed by City of La Porte Ordinance No. 2009-.3/5.3 , 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 reservationsl easements, and covenants, if any I applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. I kr/5 - tl / Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, an a 1 warranties that might arise by common law and the warranti s n ~5. 023 of the Texas Property Code (or its successor) are cl d ~te /'i ./r. Ii I U' r'--__ By: City Manager I., \1, N ~~ ~ ~ l:l Attest: 1!lttft tJidiW City Secretary ~ APP~ tV ' Knox W. Askins City Attorney :t: r p ::0 ::0("') ~g~ ~=; ~ ~~ ~.~ ;<~f...{ --i;;) .-ry.;:r. . >< 1> ~j) - . ( f'-o..) = - c:;, o ~ l'\) Q ." - r 81 o i W, (~ I ~I ~ ~ ~ ~I -0 ::r .r:- .. 1"'0.' STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ ~PfaThiS instrument was acknowledged before me on th~r+n day of ______ , 2009, by Ron Bottoms, city Manager of the city of La P rte, a municipal corporation. ~ ()))tf)j ~ ~ ota~y Public, State of Texas - - - - - - - j . ~ SHARON HARRIS I My Commission Expire l September 12. 2013 ... - - ~~I M ~i~ CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 jj PREPARED IN THE LAW OFFICE OF: AFTER RECORDING RETURN TO: ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, TX 77572-1218 f 00 i i METES L", BOUNDS DESCRIPTION (" { , ;> .~or"Js.:F" ~::'l'REir.t' I"'LOSIMG Being a 1,498 square foot. tract of land and being tha North portion of Street llEu ~ betwaan Lot 1, BlocJt 5 r and Di Lot 2, Block 4, of Pine :Sluff Subdivision as t:ecorded in Volume 40, at Page 244 of the Harris county Map RecordS J and being O\lt of the W, 1'. Harris Survey, A-30 I La Porte, Hau:ris County I Texas, said 1,498 square foot tract of land being more particularlY described as follows:' BEGtNNING at a 11211 iron rod found for the SOuth East corner of Lot 2 t Block 4, and being a point in the West right-of-way line of Street IIElI, as recordedi \I~ N ~~ (rr j , U1i ~, I W~ f1i1 t.l~... lj~ Thence, No:rth, coinoident with the East line of said Lot 2, Blo~ 4, and the West right-of-way line of Street "E"/ a distance of 50.0Q feat to a 5/BI! iron rod with cap set for the Northeast corner o.f 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 f at Page 359, of the Ha:I;',ris County Deed RecorCls i . Thel'lC$, East., coincident ~ith the North line of Pine -~l-uff Sulxlivision and the South line: of L-ot 6, Crescent View. SUbdivision, a distance of 29.96 feet (call 30,0 feet) to a 5/Sil iron rod with cap set for the Northwest COJ:ner of said Lot 1, Block 5, Pine Bluff Subdivision; ~~ !'il" f.-!m ThenceI' South, coincident with the West line of said tot 1, 'Block 5, and the llast right-of-way line of St:r:eet "Elf I a distance of 50.00 feet to a 1/211 iron rod. found for the Southwest.. corner of said Lot 1, Block 5; Thence, West, crossing street "El!I a distance of 29.96 feet (call 30.0 feet) t t~ a 1/2" iron rod. found. for: the SOutheast corner of said Lot 2, Block 4, returning to the POINT OF :BEGINNING. .'" PREPARED FRON A SURVEY OF LOT 1 t BLOCK 5, $LOCI< 4, OF PINE BLUFF SUBDIVISION. 00 ?J;~ · R.P.L NOVEMBER 23, 2004 JOB NO, 3552-04 ~SMEMORANDllt "t ltle tilTll d l1lCXlldabon, Ilia ~ _ found 10 be inadequate for Itle best p~ reproduc1ion becaUse d illegibility, . 00010 coc>y. discolored paper. lit. Ml*Jctoallil Ii IfJltlon~ and chalgM were present . III ... "lIi"llUI1,tlOl was fllacl and rKa'dId EXHIBIT "B" 3 ~. e j 2 ~. 6 ~ (I) l'l .... .,!.. . . ~~. ~. ~ .f t 6 \ ~ ~-P- ~ "1~ ~ ~ 76' ~~ '\1 il V (Ii I i Ii; [r) I I u~ ~~ ~! ~~ Q) , ffl ,... t:;j' < ~ t1 ..... I 10.3' a13H _.....~ '\ . ~ 1 PROPOSED STREET TO l: Z BE: CLOSED <1,498S;1=',) ~. t:I _......,~ ........l~l. "IfO~f~:J6~o8,OI -.... S) .~ . (' . . & i. ~. . .~<~ · M . ~ ~ ~ . a ~ ~ rs. :x:.~ ~ !S e i~ ~ ~~ ~. b ~ StREET'E! 190.00' f'ND. NORTH-19o.t4' ~\l! m~ 3 ~ 1.- IS' 2 ~ .. ~~ .~~ i ; u ~ZA ~ y EXHIBIT "A" ~ ;~ 1 vI \ ~.\ ~~ , \ \n \~ ~"1 ~' ~;<1\ ~~ ,\1\ _~~~~'1\i~~.~ ll~(f~_~ ~~if'~'lf.NI1,jIId)iiii~- . . '. 'nfi~A"llOf~ ~~_"""""",_."!'!1"'" ....=.........iii""..........-...- .... tadIf - DEe '2 \\ 1\\\\\ ' ~~~~ ~ ~~.- EXHIBIT 3 - AREA MAP N $, w' , . . E . ,