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HomeMy WebLinkAboutO-2019-3735 Closing a portion of two seperate alleys located in Block 715ORDINANCE NO. 2019- 3735 WHEREAS, the City Council of the City of La Porte has been requested by the record owners of the properties abutting the hereinafter described portion of two separate alleys located within Block 715 ofthe Town of La Porte, to vacate, abandon and do5p said portion of the existing alley -ways, and; WHEREAS, the City Council 0fthe City uf[aPorte has determined and does hereby find, determine, and declare that the hereinafter described portion Vf14etwo separate alleys located within Block 715 of the Town of La Porte is not suitable, needed, or beneficial to the public as a public road, street, oralley, and the closing ofthe hereinafter described portion mft4esaid two separate alleys located within Block 715 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 oft4esaid two separate alleys located within Block 7I5ofthe Town ofLaPorte should be vacated, abandoned, and permanently closed. Section 1. Under and by virtue of the power granted to the City VfLg Porte under its home rule charter, Chapter 62 of the City ofLaPorte Code nfOrdinances and Chapter 253,Texas Local Government Code, the hereinafter described portion of#+e said two separate alleys located within Block 715 of the Town of La Porte is hereby permanently vacated, abandoned, and closed bythe City ofLaPorte, such rights-of-vvaybeing generally illustrated OnExhibit "A"incorporated herein, and further described towit: M Tract 1 Being a tract of land containing 3,856 square feet, situated in Block 715, Town of La Porte, Harris County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of Lot 20, Block 715, Town of La Porte, said point being located at the intersection of the easternmost line of the east/west alley in Block 715, Town of La Porte, and North 17' Street; THENCE in a westerly direction along the southern line of the east/west alley in Block 715, Town of La Porte, a distance of 141 feet to a point on the northern boundary of Lot 15, Block 715, Town of La Porte; THENCE in a northerly direction across the east/west alley in Block 715, Town of La Porte, a distance of 16 feet to the southeast corner of Lot 10, Block 715, Town of La Porte; THENCE in a northerly direction along the west line of the north/south alley in Block 715, Town of La Porte, a distance of 100 feet to the southeast corner of Lot 6, Block 715, Town of La Porte; THENCE in an easterly direction across the north/south alley in Block 715, Town of La Porte, a distance of 16 feet to the southwest corner of Lot 25, Block 715, Town of La Porte; THENCE in a southerly direction along the east line of the north/south alley in Block 715, Town of La Porte, a distance of 100 feet to the southwest corner of Lot 21, Block 715, Town of La Porte; THENCE in an easterly direction along the southern line of Lot 21 in Block 715, Town of La Porte, a distance of 125 feet the southeast corner of Lot 21, Block 715, Town of La Porte; THENCE in a southerly direction across the east/west alley in Block 715, Town of La Porte, a distance of 16 feet to the POINT OF BEGINNING of the herein described tract. Tract 2 Being a tract of land containing 872 square feet, situated in Block 715, Town of La Porte, Harris County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of Lot 10, Block 715, Town of La Porte, said point being located at the intersection of the westernmost line of the north/south alley in Block 715, Town of La Porte, and the northern most line of the east/west alley in Block 715, Town of La Porte; THENCE in a southerly direction across the east/west alley in Block 715, Town of La Porte, a distance of 16 feet to a point on the northern most line of lot 15, Block 715, Town of La Porte; THENCE in a vvP5tedv direction along the south line of the eaa|4*v in Block 715, Town of Le Porte, a distance of 54.5 feet to a point on the north line of lot 13, Block 715, Town of La Porte; THENCE in an easterly direction along the southern line of Lot 10 in Block 715, Town of La Porte, adistance Of54.Sfeet tothe POINT OF BEGINNING of the herein described tract. Section 2.That the abandonment, vacation and closure provided for herein i5made and accepted subject to all present zoning and deed restrictions if the latter exist, and all easements, whether apparent Drnon-apparent,aerial, surface orunderground. 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 ofLaPorte may legally and lawfully abandon, vacate and dose. Section 4.That the City Manager ishereby authorized tuexecute and deliver Deed Without Warranty toeach Qfthe abutting owners upon completion ofall conditions and requirements set forth |nthis Ordinance. Section 5.That the abutting property owners shall pay all costs associated with procedures necessitated bythe request toabandon the portion ofthe two separate alleys described inthis Ordinance, plus compensation for the market value of such abandoned property in accordance Chapter 62Dfthe City ofLaPorte Code ufOrdinances. Section 6. The City Council officially finds, determines, recites, and declares that a sufficient written notice Vfthe 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 |avv preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open 1Dthe public as required bylaw atall 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. 4 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 ] k 4\ DAY OF 2019. M ATTEST: Clark T. Askins, Assistant City Attorney AREA MAP SAC #18-25000004 Alley, Block 715 Town of La Porte Legend Analytic Stress Property Chem Spray Property ®Proposed Closure: Analytic Stress ®Proposed Closure: Chem Spray INA 03 n This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries 1 inch = 71 feet MARCH 2019 PLANNING DEPARTMENT DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAI., PERSON, YOU MAY REMOVE OR STRIKE, ANY OF THE FOLI..,OWING INFORMATION FROM THIS INSTRUMENT" BEFORE IT IS FILED FOR RECORD IN THE PUBI...IC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: March 11 2019 Grantor: CITY O[`LA POR: EI: a Municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, 'I'X 77571 Grantee: MARK L. DOMINGUE Mailing Address: 4903 Linden St., Bellaire, texas 77041 Consideration: 'Fen and Nofl 00 Dollars ($10.00) cash and other good and valuable considerations Property: (including any improvements): Being a tract of land containing 3,856 square feet, situated in Block 715, ']'own of La Porte, 1--larris County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of rot 20, Block 715, Town of La Porte, said point being located at the intersection of the easternmost line of the east/west alley in Block 715, Town ot'l-,a Porte, and North 17 1h Street; THENCE in a westerly direction along the SOLIthem line of the east/west alley in Block 715, Town of I..,a Porte, a distance of 141 feet to a point on the northern boundary of I...ot 15, Block 715, Town of I..,a Porte; THENCEin a northerly direction across the east/west alley in Block 715, Town of La Porte, a distance of 16 feet to the southeast corner of Lot 10, Block 715, rown, of La Porte; THENCE in a northerly direction along the west line of the north/south alley in Block 715, Town ol"La Porte, a distance of 100 feet to the southeast corner of Lot 6, Block 715, Town of La Porte; THENCE in an easterly direction across the north/south alley in Block 715, Town of r.a Porte, a distance of 16 fiect to the Southwest corner of'` Lot 25, Block 715, '['own of La Porte; THENCE in a southerly direction along the east line of the north/south alley in Block 715, Town of La Porte, a distance of 100 feet to the southwest corner of Lot 2 1, Block 715,'FoNvn of La Porte; THENCE in an easterly direction along the southern line of Lot 21 in Block 715, '['own of I..,a Porte, a distance of 125 feet the southeast corner of Lot 21, Block 715, Town oil' La Porte; THENCE in a southerly direction across the east/west alley in Block 715, Town of La Porte, a distance of 16 feet to the POINT OF' BE of the herein described tract, and containing 3,856 square feet, more or less, which tract was vacated, abandoned and closed by City of I...a Porte Ordinance No. 2019- 3735 passed and approved by the City Council of the City of La Porte on the day of March, 2019. 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. Y,ei Woodward City Secretary Approved: Cark T. Askins Assistant City Attorney City ol.'I..,a Porte, Texas By: . . . .... C . Tlexander City Manager I STATE OF,rtXAS COUNTY OF HARRIS This instrument was acknowledged before me on day of Corby D. Alexander, City Manager of the City of l.a Porte Texas a r SSB W01 ii O�DWARD FCNOTARY PUBLIC STATE OF TEXAS MY COMM, EXR 2/19/21 NOTARY ID 12681012-9 AFTER RECORDING RETURN TO: ASKINS & ASKINS, P.O. Box 1218 La Porte, 'CX 77572-1218 2019, by corporation. PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, TX 77572-1218 DEED WITHOUT WARRANTY NOTICE OF C. RIGI ITS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE 11' IS FILED FOR RECORD IN,rFIE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: March 11 2019 Grantor: CITY OF LA PORTI.-I, TEXAS, a municipal corporation Mailing Address: 604 West Fairmont Parkway, I -a Porte, TX 77571 Grantee: ANALYTIC STRFI'SS RELIEVING, INC. Mailing Address: 117 Board Rd., Lafayette, Louisiana 70508-3404 Consideration: Ten and No/I 00 Dollars ($10.00) cash and other good and valuable considerations Property: (including any improvements): Being a tract of land containing 872 square feet, situated in Block 715, 'rown of La Porte, FlarriS County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of 1,ot 10, Block 715, Town of La Porte, said point being located at the intersection of the westernmost line of the northlsouth alley in Block 715, ""own of La Porte, and the northern most line of the east/west alley in Block 715, Town of La Porte; THENCE in a southerly direction across the east/west alley in Block 715, Town of La Porte, a distance of 16 feet to a point on the northern most line of lot 15, Block 715, Town of" La Porte; THENCE in a westerly direction along the South line of the east/west alley in Block 715, Town of La Porte, a distance ol'54.5 feet to a point on the north line of lot 13, Block 715, "town of La Porte; 'fl- IENCE' in an easterly direction along the southern line ofLot 10 in Block 715, Town of La Porte, a distance ol'54.5 feet to the POINT OF BEGINNING of the herein described tract, and containing 872 square feet, more or less, which tract was vacated, abandoned and closed by City of La Porte Ordinance No. 2019-_ 3735 passed and approved by the City Council of the City of La Porte on the 11th day of March, 2019. 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 cornmon law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded. Att —t: City of I..,a Porte, Texas " jOQ,— IV By:_J—1 L�e�)koodwa Co D. Alexand Secretary Cit�yyZainager Approved: Clark T. Askins Assistant City Attorney STATE OF'1"EXAS COUNTY OF HARRIS This instrument was acknowledged before me on day of Corby 1). Alexander, City Manager of the City of La Porte. Texas, a LEE WOODWARD No�t r -'-OuhTife, NOTARY PUBLIC STATE OF TEXAS MY COMM. EXR 2/19/21 NOTARY ID 12681012-9 AFTER RECORDING RETURN TO: ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, TX 77572-1218 2019, by corporation. exas PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, "I"X 77572-1218 00 co O O O O N ,l1 i4 RP -2019-109348 03/19/2019 ER $32.00 ORDINANCI NO. 2019- 3735 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF TWO SEPARATE ALLEYS LOCATED IN BLOC( 715 TOWN OF LA PORTE AND AUTHORIZING THE EXECUTION AND DELIVERY OF DEEDS TO THE ADJOINING LANDOWNERS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A SAVINGS CAUSE; AND PROVIDING AN FFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owners of the properties abutting the hereinafter described portion of two separate alleys located within Block 715 of the Town of La Porte, to vacate, abandon and dose said portion of the existing alley -ways, 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 two separate alleys located within Block 715 of the Town of La Porte Is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the dosing of the hereinafter described portion of said two separate alleys located within Block 715 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 said two separate alleys located within Block 715 of the Town of La Porte should be vacated, abandoned, and permanently closed. BE rr 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 said two separate alleys located within Block 715 of the Town of La Porte is hereby permanently vacated, abandoned, and closed by the City of La Porte, such rights-of-way being generally illustrated on Exhibit "A" Incorporated herein, and further described to wit: 00 It co O Cn O N Tract 1 Being a tract of land containing 3,856 square feet, situated in Block 715, Town of La Porte, Harris County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of Lot 20, Block 715, Town of La Porte, said point being located at the intersection of the easternmost line of the east/west alley in Block 715, Town of La Porte, and North 1711 Street; THENCE in a westerly direction along the southern line of the east/west alley in Block 715, Town of La Porte, a distance of 141 feet to a point on the northern boundary of Lot 15, Block 715, Town of La Porte; THENCE in a northerly direction across the east/west alley in Block 715, Town of La Porte, a distance of 16 feet to the southeast corner of Lot 10, Block 715, Town of La Porte; THENCE in a northerly direction along the west line of the north/south alley in Block 715, Town of La Porte, a distance of 100 feet to the southeast corner of Lot 6, Block 715, Town of La Porte; THENCE in an easterly direction across the north/south alley in Block 715, Town of La Porte, a distance of 16 feet to the southwest corner of Lot 25, Block 715, Town of La Porte; THENCE in a southerly direction along the east line of the north/south alley in Block 715, Town of La Porte, a distance of 100 feet to the southwest corner of Lot 21, Block 715, Town of La Porte; THENCE in an easterly direction along the southern line of Lot 21 in Block 715, Town of la Porte, a distance of 125 feet the southeast corner of Lot 21, Block 715, Town of La Porte; THENCE in a southerly direction across the east/west alley in Block 715, Town of La Porte, a distance of 16 feet to the POINT OF BEGINNING of the herein described tract. Tract 2 Being a tract of land containing 872 square feet, situated in Block 715, Town of La Porte, Harris County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of Lot 10, Block 715, Town of La Porte, said point being located at the intersection of the westernmost line of the north/south alley in Block 715, Town of La Porte, and the northern most line of the east/west alley in Block 715, Town of La Porte; THENCE in a southerly direction across the east/west alley in Block 715, Town of La Porte, a distance of 16 feet to a point on the northern most line of lot 15, Block 715, Town of La Porte; 00 M 0 0 0 N 3 THENCE in a westerly direction along the south line of the east/west alley in Block 715, Town of La Porte, a distance of 54.5 feet to a point on the north line of lot 13, Block 715, Town of La Porte; THENCE in an easterly direction along the southern line of Lot 10 in Block 715, Town of La Porte, a distance of 54.5 feet to the POINT OF BEGINNING of the herein described tract. 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 each of the abutting owners upon completion of all conditions and requirements set forth in this Ordinance. Section S. That the abutting property owners shall pay all costs associated with procedures necessitated by the request to abandon the portion of the two separate alleys described in this Ordinance, plus compensation for the market value of such 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 meating, 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. 00 M M O O N til 4 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 - I \ 411 _ DAY OF&.6 2019. APPROVED: fi Clark T. Askins, Assistant City Attorney CITY OF LA Louis . Rigby, ayo "Off ew Ck dru P t bmby oee8ij► fd IM r • 11411M forted a"as tk swore_ �ppcarY� l6 in. Yad . uid r. 00 M C) r Q N EXHIBIT {t zkfl AREA MAP SAC #18-25000004 Ailey, Block 715 Town of Lu Porte Legend Analytic Stress Property Chen, Spray Property Proposed Closure Analytic Stress QProposed Closure Chem Spray 4� Of AO V A *t XAA Thi. wudurt i. fur inf. mAliunul IluftMlM•. n -I msnut ha" born prepnrrd for or W %miable for IrttAl purpuwx. 11 dlA•x nut n•prl•ernl nn an-tho-11-und xwvry and-ph•al•ntrunl{ ihr utrytrnainmt.• n•In ivr La•miun „f IIr'111MfI\ bU111N1Ar11•x Linch 71 feet 2019 NG 1)F;PARTMF:N,r RP -2019-109348 # Pages 6 03/19/2019 02:08 PM e -Filed 6 e -Recorded in the Official Public Records of HARRIS COUNTY DIANE TRAUTMAN COUNTY CLERK Fees $32.00 00 M O T- 6 O N I CL RECORDERS MEMORANDUM This instrument was received and recorded electronically and any blackouts, additions or changes were present at the time the instrument was filed and recorded. Any provision herein which restricts the sale, rental, or use of the described real property because of color or race is invalid and unenforceable under federal law. THE STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me; and was duly RECORDED in the Official Public Records of Real Property of.Harris County, Texas. 1oi HARR�l COUNTY CLERK S� HARRIS COUNTY. TEXAS