HomeMy WebLinkAboutO-2019-3768 closing a portion of two seperate alleys and two seperate road R.O.W., located in Blocks 1143 and 1144 ORDINANCE NO. 2019-3768
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEYS IN
BLOCKS 1143 AND 1144,TOWN OF LA PORTE, AND CLOSING THE PORTIONS OF
THE 15th STREET AND 14th STREET RIGHTS-OF-WAY SITUATED BETWEEN WEST
L AND WEST M STREETS,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 properties abutting the alleys located within Block 1143 and 1144 of the Town of La Porte,
and the portions of the 15th Street and 14th Street rights-of-way situated between West L and West
M Streets, to vacate, abandon and close said rights-of-way, and;
WHEREAS, the City Council of the City of La Porte has determined and does hereby find,
determine, and declare that the alleys located within Block 1143 and 1144 of the Town of La
Porte, and the portions of the 15th and 14th street rights-of-way situated between West L and West
M Streets are is not suitable, needed, or beneficial to the public as a public road, street, or alley,
and the closing of the alleys located within Block 1143 and 1144 of the Town of La Porte, and
the portions of the 15th and 14th street rights-of-way situated between West L and West M Streets
is for the protection of the public and for the public interest and benefit,and that the alleys located
within Block 1143 and 1144 of the Town of La Porte, and the portions of the 15th and 14th street
rights-of-way situated between West L and West M Streets 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 alleys located within Block 1143 and 1144 of the Town
of La Porte, and the portions of the 15th and 14th street rights-of-way situated between
West L and West M Streets are 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:
Tract 1
Being a tract of land containing 6,000 square feet, situated in Block 1143, Town of La Porte,
Harris County, Texas, being more particularly described by metes and bounds as follows:
BEGINNING at the southeast corner of Lot 16, Block 1143, Town of La Porte, said point being
located at the intersection of the westernmost line of the north/south alley in Block 1143, Town
of La Porte, and the West M Street right-of-way;
THENCE in an easterly direction across the north/south alley in Block 1143, Town of La Porte,
a distance of 15 feet to a point on the western boundary of Lot 17,Block 1143,Town of La Porte;
2
THENCE in a northerly direction along the eastern line of the north/south alley in Block 1143,
Town of La Porte, a distance of 400 feet to the northwest corner of Lot 32, Block 1143, Town of
La Porte;
THENCE in an westerly direction across the north/south alley in Block 1143, Town of La Porte,
a distance of 15 feet to a point on the eastern boundary of Lot 1, Block 1143, Town of La Porte;
THENCE in a southerly direction along the western line of the north/south alley in Block 1143,
Town of La Porte, a distance of 400 feet to the POINT OF BEGINNING of the herein described
tract.
Tract 2
Being a tract of land containing 24,000 square feet, situated in Block 1143 and 1144,Town of La
Porte, Harris County, Texas,being more particularly described by metes and bounds as follows:
BEGINNING at the southeast corner of Lot 17, Block 1143, Town of La Porte, said point being
located at the intersection of the westernmost line of the 15th Street right-of-way in Block 1143,
Town of La Porte, and West M Street right-of-way;
THENCE in an easterly direction across the 15th Street right-of-way in Block 1143, Town of La
Porte, a distance of 60 feet to a point on the western boundary of Lot 16, Block 1144, Town of
La Porte;
THENCE in a northerly direction along the eastern line of the 15th Street right-of-way in Block
1144, Town of La Porte, a distance of 400 feet to the northwest corner of Lot 1, Block 1144,
Town of La Porte;
THENCE in a westerly direction across the 15th Street right-of-way in Block 1144, Town of La
Porte, a distance of 60 feet to a point on the eastern boundary of Lot 32,Block 1143, Town of La
Porte;
THENCE in a southerly direction along the western line of the 15t Street right-of-way in Block
1143, Town of La Porte, a distance of 400 feet to the POINT OF BEGINNING of the herein
described tract.
Tract 3
Being a tract of land containing 6,000 square feet, situated in Block 1144, Town of La Porte,
Harris County, Texas, being more particularly described by metes and bounds as follows:
BEGINNING at the southeast corner of Lot 16, Block 1144, Town of La Porte, said point being
located at the intersection of the westernmost line of the north/south alley in Block 1144, Town
of La Porte, and the West M Street right-of-way;
THENCE in an easterly direction across the north/south alley in Block 1144, Town of La Porte,
a distance of 15 feet to a point on the western boundary of Lot 17,Block 1144,Town of La Porte;
3
THENCE in a northerly direction along the eastern line of the north/south alley in Block 1144,
Town of La Porte, a distance of 400 feet to the northwest corner of Lot 32, Block 1144, Town of
La Porte;
THENCE in an westerly direction across the north/south alley in Block 1144, Town of La Porte,
a distance of 15 feet to a point on the eastern boundary of Lot 1, Block 1144, Town of La Porte;
THENCE in a southerly direction along the western line of the north/south alley in Block 1144,
Town of La Porte, a distance of 400 feet to the POINT OF BEGINNING of the herein described
tract.
Tract 4
Being a tract of land containing 24,000 square feet, situated in Block 1144 and 1145,Town of La
Porte, Harris County, Texas,being more particularly described by metes and bounds as follows:
BEGINNING at the southeast corner of Lot 17, Block 1144, Town of La Porte, said point being
located at the intersection of the westernmost line of the 14th Street right-of-way in Block 1144,
Town of La Porte, and West M Street right-of-way;
THENCE in an easterly direction across the 14th Street right-of-way in Block 1144, Town of La
Porte, a distance of 60 feet to a point on the western boundary of Lot 16, Block 1145, Town of
La Porte;
THENCE in a northerly direction along the eastern line of the 14th Street right-of-way in Block
1145, Town of La Porte, a distance of 400 feet to the northwest corner of Lot 1, Block 1145,
Town of La Porte;
THENCE in a westerly direction across the 14th Street right-of-way in Block 1145, Town of La
Porte, a distance of 60 feet to a point on the eastern boundary of Lot 32, Block 1144, Town of La
Porte;
THENCE in a southerly direction along the western line of the 14th Street right-of-way in Block
1144, Town of La Porte, a distance of 400 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 the abutting owner upon completion of all conditions and requirements set
forth in this ordinance.
4
Section 5. That the abutting property owner shall pay all costs associated with procedures
necessitated by the request to abandon the alleys located within Block 1143 and 1144
of the Town of La Porte, and the portions of the 15th and 14th street rights-of-way
situated between West L and West M Streets, as 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 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 9th day of December 2019.
CITY OF LA ' • 'TE, TEXAS
Louis R. 'gby, Ma g
ATTEST: APPROVED:
7; 74-446.t.
dir
e Woodward, City rc etary Clark Askins,Assistant City Attorney
• RP-2019-552462
12/16/2019 ER $28.00
ORDINANCE NO. 2019-3768
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEYS IN
BLOCKS 1143 AND 1144,TOWN OF LA PORTE,AND CLOSING THE PORTIONS OF
THE 15th STREET AND 14th STREET RIGHTS-OF-WAY SITUATED BETWEEN WEST
L AND WEST M STREETS,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 properties abutting the alleys located within Block 1143 and 1144 of the Town of La Porte,
and the portions of the 15th Street and 14th Street rights-of-way situated between West L and West
M Streets,to vacate, abandon and close said rights-of-way,and;
WHEREAS, the City Council of the City of La Porte has determined and does hereby fmd,
determine, and declare that the alleys located within Block 1143 and 1144 of the Town of La
Porte,and the portions of the 15th and 14th street rights-of-way situated between West L and West
M Streets are is not suitable, needed, orbeneficial to the public as a public road, street, or alley,
and the closing of the alleys located within Block 1143 and 1144 of the Town of La Porte, and
the portions of the 15th and 14th street rights-of-way situated between West L and West M Streets
ccji is for the protection of the public and for the public interest and benefit,and that the alleys located
�t within Block 1143 and 1144 of the Town of La Porte,and the portions of the 15th and 14th street
rights-of-way situated between West L and West M Streets 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 alleys located within Block 1143 and 1144 of the Town
of La Porte, and the portions of the 15th and 14th street rights-of-way situated between
West L and West M Streets are 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:
Tract 1
Being a tract of land containing 6,000;square feet, situated in Block 1143, Town of La Porte,
Harris County, Texas, being more particularly described by metes and bounds as follows:
BEGINNING at the southeast corner of Lot 16, Block 1143,Town of La Porte, said point being
located at the intersection of the westernmost line of the north/south alley in Block 1143, Town
of La Porte, and the West M Street right-of-way;
THENCE in an easterly direction across the north/south alley in Block 1143, Town of La Porte,
a distance of 15 feet to a point on the western boundary of Lot 17,Block 1143,Town of La Porte;
•
2
THENCE in a northerly direction along the eastern line of the north/south alley in Block 1143,
Town of La Porte, a distance of 400 feet to the northwest corner of Lot 32, Block 1143,Town of
La Porte;
THENCE in an westerly direction across the north/south alley in Block 1143,Town of La Porte,
a distance of 15 feet to a point on the eastern boundary of Lot 1,Block 1143,Town of La Porte;
THENCE in a southerly direction along the western line of the north/south alley in Block 1143,
Town of La Porte, a distance of 400 feet to the POINT OF BEGINNING of the herein described
tract.
Tract 2
Being a tract of land containing 24,000 square feet,situated in Block 1143 and 1144,Town of La
Porte, Harris County, Texas,being more particularly described by metes and bounds as follows:
BEGINNING at the southeast corner of Lot 17, Block 1143, Town of La Porte, said point being
located at the intersection of the westernmost line of the 15th Street right-of-way in Block 1143,
Town of La Porte, and West M Street right-of-way;
THENCE in an easterly direction across the 15th Street right-of-way in Block 1143, Town of La
Porte,'a distance of 60 feet to a point on the western boundary of Lot 16, Block 1144, Town of
N La Porte;
cfl
THENCE in a northerly direction along the eastern line of the 15`h Street right-of-way in Block
t 1144, Town of La Porte, a distance of 400 feet to the northwest corner of Lot 1, Block 1144,
rn Town of La Porte;
CO
THENCE in a westerly direction across the 15th Street right-of-way in Block 1144, Town of La
Porte,a distance of 60 feet to a point on the eastern boundary of Lot 32,Block 1143, Town of La
Porte;
THENCE in a southerly direction along the western line of the 15`h Street right-of-way in Block
1143, Town of La Porte, a distance of 400 feet to the POINT OF BEGINNING of the herein
described tract.
Tract 3
Being a tract of land containing 6,000 square feet, situated in Block 1144, Town of La Porte,
Harris County,Texas, being more particularly described by metes and bounds as follows:
BEGINNING at the southeast corner of Lot 16,Block 1144, Town of La Porte, said point being
located at the intersection of the westernmost line of the north/south alley in Block 1144, Town
of La Porte, and the West M Street right-of-way;
THENCE in an easterly direction across the north/south alley in Block 1144,Town of La Porte,
a distance of 15 feet to a point on the western boundary of Lot 17, Block 1144,Town of La Porte;
3
THENCE in a northerly direction along the eastern line of the north/south alley in Block 1144,
Town of La Porte, a distance of 400 feet to the northwest corner of Lot 32, Block 1144,Town of
La Porte;
THENCE in an westerly direction across the north/south alley in Block 1144,Town of La Porte,
a distance of 15 feet to a point on the eastern boundary of Lot 1, Block 1144,Town of La Porte;
THENCE in a southerly direction along the western line of the north/south alley in Block 1144,
Town of La Porte, a distance of 400 feet to the POINT OF BEGINNING of the herein described
tract.
Tract 4
Being a tract of land containing 24,000 square feet,situated in Block 1144 and 1145,Town of La
Porte, Harris County, Texas,being more particularly described by metes and bounds as follows:
BEGINNING at the southeast corner of Lot 17, Block 1144, Town of La Porte, said point being
located at the intersection of the westernmost line of the 14th Street right-of-way in Block 1144,
Town of La Porte, and West M Street right-of-way;
THENCE in an easterly direction across the 14th Street right-of-way in Block 1144,Town of La
Porte, a distance of 60 feet to a point on the western boundary of Lot 16, Block 1145, Town of
N La Porte;
CNI
THENCE in a northerly direction along the eastern line of the 14`h Street right-of-way in Block
1145, Town of La Porte, a distance of 400 feet to the northwest corner of Lot 1, Block 1145,
th
Town of La Porte;
0
THENCE in a westerly direction across the 14th Street right-of-way in Block 1145, Town of La
Porte,a distance of 60 feet to a point on the eastern boundary of Lot 32,Block 1144,Town of La
Porte;
THENCE in a southerly direction along the western line of the 14th Street right-of-way in Block
1144, Town of La Porte, a distance of 400 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 the abutting owner upon completion of all conditions and requirements set
forth in this ordinance.
r
4
Section 5. That the abutting property owner shall pay all costs associated with procedures
necessitated by the request to abandon the alleys located within Block 1143 and 1144
of the Town of La Porte, and the portions of the 15th and 14`h street rights-of-way
situated between West L and West M Streets, as 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 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..
N Section 9. This ordinance shall be effective from and after its passage and approval, and it is so
Lo
Ls) ordered.
d
p PASSED AND APPROVED THIS 9th day of December 2019.
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0 CITY OF LA ' t 'TE,TEXAS
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ATTEST: & APPROVED:
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RP-2019-552462
# Pages 5
12/16/2019 10:56 AM
e-Filed & e-Recorded in the
Official Public Records of
HARRIS COUNTY
DIANE TRAUTMAN
COUNTY CLERK
Fees $28.00
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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.
COUNTY CLERK
40J * 14v HARRIS COUNTY,TEXAS