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Home My WebLink AboutO-2020-3782 N 2nd and N 4th Street R.O.W. situated in Blocks 7C and 7B ORDINANCE NO. 2020-3782 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE PORTIONS OF THE N 2ND STREET AND N 4TH STREET RIGHTS-OF-WAY SITUATED BETWEEN BARBOURS CUT BOULEVARD AND THE H STREET RIGHT-OF-WAY, AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNERS; 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 owners of the properties abutting the portions of the N. 2nd and N. 4th Street rights-of-way situated between Barbours Cut Boulevard and the H Street right-of-way,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 portions of the N. 2nd and N. 4th Street rights-of-way situated between Barbours Cut Boulevard and the H Street right-of-way are not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of the portions of the N. 2nd and N. 4th Street rights-of-way situated between Barbours Cut Boulevard and the H Street right-of-way is for the protection of the public and for the public interest and benefit, and that the portions of the N. rd and N. 4th street rights-of-way situated between Barbours Cut Boulevard and the H Street right-of-way 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 portions of the N. rd and N. 4th street rights-of-way situated between Barbours Cut Boulevard and the H Street right-of-way 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 1.129 acres,being a portion of N 2nd Street,Nebraska Syndicate, recorded in Volume 83,Page 345,Harris County Deed Records,and being located in the Johnson Hunter League, Abstract Number 35, Harris County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING,at a found five eighths inch iron rod with cap stamped"Cruller 5476",marking the southwest corner of the tract herein described the southeast corner of a called 5.760 acre tract being recorded in Harris County Clerk's File No. 20070706635; THENCE,North 03 degrees 03 minutes 04 seconds West, along the west line of the tract herein described, for a distance of 820.02 feet to the northeast corner of said called 5.760 acre tract; 2 THENCE ,North 86 degrees 55 minutes 55 seconds East, along the north line of the tract herein described, for a distance of 60.00 feet marking the northeast corner of the tract herein described and in the west line of a called 10.903 acre tract as recorded in Harris County Clerk's File No. 20090354653; THENCE, South 03 degrees 03 minutes 04 seconds East, along the east line of the tract herein described and the west line of said called 10.903 acre tract, for a distance of 820.02 feet marking the southwest corner of said called 10.903 acre tract; THENCE, South 86 degrees 55 minutes 55 seconds West, along the south line of the tract herein described, for a distance of 60.00 feet to the POINT OF BEGINNING. Tract 2 Being a tract of land containing 1.129 acres,being a portion of N 4th Street,Nebraska Syndicate, recorded in Volume 83,Page 345,Harris County Deed Records,and being located in the Johnson Hunter League, Abstract Number 35, Harris County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING,at a found five eighths inch iron rod with cap stamped"Cruller 5476",marking the southeast corner of the tract herein described the southwest corner of a called 2.810 acre tract (Tract 4)being recorded in Harris County Clerk's File No. 20070706634 and in the north line of Barbours Cut Boulevard (100 foot wide); THENCE, South 86 degrees 55 minutes 55 seconds West, along the south line of the tract herein described, for a distance of 60.00 feet to a set five eighths inch iron rod with cap stamped "JM", marking the southeast corner of a called 5.007 acre tract (Tract 3) as recorded in Harris County Clerk's File No. 20070706634; THENCE,North 03 degrees 03 minutes 04 seconds West,along the east line of said called 5.007 acre tract, for a distance of 820.00 feet, to a set five eighths inch iron rod in the south line of H Street(60 foot wide) and marking the northwest corner of the tract herein described; THENCE,North 86 degrees 55 minutes 55 seconds East, along the north line of the tract herein described,for a distance of 60.00 feet to a found three eighths inch iron rod,marking the northwest corner of a called 3.02 acre tract, as recorded in Harris County Clerk's File No. 20080509130; THENCE, South 03 degrees 03 minutes 04 seconds East, along the west line of said called 3.02 acre tract and 2.810 acre tract, for a distance of 820.00 feet to the POINT OF BEGINNING. 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. 3 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 the portions of the N. 2°d and N. 4th Street rights-of-way situated between Barbours Cut Boulevard and the H Street right-of-way, 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 March 2020. CITY OF, ' ' • 'TE, TEXAS Ai L t . Rigby gp or ATTEST: APPROVED: oodward, City ecre iw Clark Askins, Assistant City Attorney ill" HSTREET H C D R l UNIMPROVED,80'R.O.W.,VOL.83,PG 345 N86-'_5_5_155"E —__69_.00' PARCEL DESCRIPTION a I Fl �� "4: A tract of land containing 1.129 acres,being a portion of N 2nd Street,Nebraska r;' — -:_ Syndicate,recorded in Volume 83,Page 345,Harris County Deed Records,and being zflocated in the Johnson Hunter League,Abstract Number 35,Harris County,Texas,and �T R )1ilrei, 'ROJECT being more particularly described by metes and bounds as follows; NI F Ir 1OCATION 1■+■ ® CM uar ill j BEGINNING,at a found five eighths inch iron rod with cap -■r �I{I� stamped"Cruller 5476",marking the southwest corner of the tract herein described the Wrn !1�III1,1 southeast corner of a called 5.760 acre tract being recorded in Harris County Clerk's C I6�I n File No.20070706635; illIq 6 ▪co.+ Iillli x a I. THENCE,North 03 degrees 03 minutes 04 seconds West,along the west line < W ti jlli of the tract herein described,for a distance of 820.02 feet to the northeast PD Ili — corner of said called 5.760 acre tract; I,�I s_CUT __-- -1 N N 2. THENCE,North 86 degrees 55 minutes 55 seconds East,along the north line ay 0 0 ��.o�... 1,../ of the tract herein described,for a distance of 60.00 feet marking the northeast T 0 IN L1,.li,e, ...,1 corner of the tract herein descried and in the west line of a called 10.903 acreN00 N00 IIIIP I Y MAP N. _ _ASA*�A tract as recorded in Harris CountyClerk's File No.20090354653; VICINITY MAP N.T.S. I 1 KEY MAP 54GW 3. THENCE,South 03 degrees 03 minutes 04 seconds East,along the east line of the tract herein described and the west line of said called 10.903 acre tract,for a W distance of 820.02 feet marking the southwest corner of said called 10.903 acre NCO 4gN' -" CALLED 10.903 ACRES tract; !! OD 'Ia NS •� 0 CONVEYED TO FRONTIER PORT j{§ Ob so \1 7 35 O co by 10g5F520° I'' PROPERTIES LLC, 4. THENCE,South 86 degrees 55 minutes 55 seconds West,along the south line 31ii 4 4 �'2co2 o 0 H.C.C.F. NO.20090354653 of the tract herein described,for a distance of 60.00 feet to the POINT OF 'N,' 1v'* I.rJ O 08-06-2009 BEGINNING. O Z --... ---- STREET TO BE 0o VACATED i.,at.). to- % SURVEY ;...i 0, OF (.4;4,4' 1.129 ACRE TRACT Z °. A PORTION OF THE 2ND STREET zz� NEBRASKA SYNDICATE P.O.B. P> VOLUME 83, PAGE 345, HARRIS COUNTY DEED RECORDS AND BEING END.'"I.R. W/CAP STAMP LOCATED IN THE JOHNSON HUNTER LEAGUE, ABSTRACT NO. 35, "CRULLER 5476" HARRIS COUNTY, TEXAS r "W _ 60.00 0 00> 3425 Federal Street S86'55 D Houston, Texas 77504 W.HARBOURS CUT (0) 713.947.6606 BLV 100'R.O.W. O W jmoralesinc.com T.B.A.E. FIRM NO. BR2942 VOL.83,PG 345,H.C.D.R. J M O R A L E g ELP 04636 1.8.1.E5. FIRM NO. 100 T.B.L.S. FIRM NO. 100394009400 ARCHITECTS a ENGINEERS • SURVEYORS PROJECT#: Irons 2848 SECTION 2 F— iNi H.STREET — — rr4i 80'R.O.W.,VOL.83,PG 345 PARCEL DESCRIPTION O; H.C.D.R +� N 86'5.r — landa portion Street, m� , + 60.00 I SAY Nebraska Syndicate,recorded 1.129nVolume 83,Page345,Harris County 0 Tep N$6.55 55 E — __ --- - -- - �- * Deed Records,and being located in the Johnson Hunter League,Abstract m --' ---�` F Number 35,Harris County,Texas,and being more particularly described rRF by metes and bounds as follows; N - > ° t an uar BEGINNING, at a found five eighths inch iron rod with cap n II stamped"Cruller 5476",marking the southeast comer of the tract herein ROJCT described the southwest corner of a called 2.810 acre tract Tract 4 bein( ), g recorded in Harris County Clerk's File No.20070706634 and in the north Q^` line of Barbers Cut Boulevard(100 foot wide); llibtr Ii in rn1.THENCE,South 86 degrees 55 minutes 55 seconds West,along the Osouth line of the tract herein described,for a distance of 60.00 feet to EllF IIrli. SwT ; a set five eighths inch iron rod with cap stamped"JM",marking the .0 _ ■ southeast comer of a called 5.007 acre tract(Tract 3)as recorded in. CQIppRail _ Harris County Clerk's File No.20070706634; O O siv �' 11 .1�� ,•• 2.THENCE,North 03 depp grecs 03 minutes 04 seconds West,along the g O O .� 111,F1IG11 ,1•,1 east line of said called 5.007 acre tract,for a distance of 820.00 feet, '' O O 111. ! IINIMw� iI— -��aIlk t�► to a set five eighths inch iron rod in the south line of H Street(60 foot NCO N VICINITY MAP N.T.S. CO KFY MAP 540W wide)and marking the northwest corner of the tract herein described; I + i - 3.THENCE,North 86 degrees 55 minutes 55 seconds East,along the _ __ north line of the tract herein described,for a distance of 60.00 feet to a , 8 — found three eighths inch iron rod,marking the northwest comer of a called 3.02 acre tract,as recorded in Harris County Clerk's File No. 0 U 0 CALLED 2.810 ACRES 20080509130; x 9 (TRACT 4) p p s ri, CONVEYED TO CRENSHAW REAL 4.THENCE,South 03 degrees 03 minutes 04 seconds East,along the t) m . M west line of said called 3.02 acre tract and 2.810 acre tract,for a CALLED 5.007 ACRES O Z bO PROPERTIES 11,LTD distance of 820.00 feet to the POINT OF BEGINNING. (TRACT 3) Z vi°..c'",' H.C.C.F. NO.200070706634 -1 H.C.C.G. 11-30-2007 CONVEYED TO CRENSHAW > SURVEY REAL PROPERTIES II,LTD OF H.C.C.F. NO.200070706634 STREET TO BE H.C.C.G. 11-30-2007 VACATED 1.129 ACRE TRACT A PORTION OF 4TH STREET NEBRASKA 5YNDICATE P.O.B. VOLUME 83, PAGE 345, HARRIS COUNTY DEED RECORDS AND BEING LOCATED IN THE JOHNSON HUNTER LEAGUE, FND.e"I.R. ABSTRACT NO. 35, HARRIS W/CAP STAMP COUNTY, TEXAS "CRULLER 5476 __ _______----— j 3425 Federal Street 586.55'55"W — 60.00' Houston, Texos 77504 W.HARBOURS CUT BLVD. (0) 713.947.6606c jmora . om 100'R.O.W. T.B.A.E. FIRM NO. 8R2942 J . MORALES T.B.P.E. FIRM NO. F-004636 VOL.83,PG 345,H.C.D.R. T.B.L.S. FIRM NO. 10039400 ARCHITECTS • ENGINEERS • SURVEYORS PROJECT*: 11666 tate SECTION! -- • '� ROW CLOSURE 1111111111 SAC #19-25000001 air f " 14 . N. 2nd & N. 4th iiiiii ,L, , - -.;ir. , . , i14 404 i 1:1i -- t .__ .� � �� .• i � ■ Legend _ _ r � 01 �. r ,,,.., — a = � _ -- Proposed ROW Closure t--c G - - �11. I�r J e:l GI 'y - I S' �.. ( •• �i Oar L A c' _ -- r la , j O jt • - 11. This product is for informational v,keouus cur -- ------------------ - purposes and may not have been prepared for or be suitable or legal rposes.It does _. ._..._ _ ._. -. — I _._ frepresent uan on-the-ground[ 0 7,, . Y f .� survey and represents only the Y • ii .:a ,f approximate relative location of property boundaries -. I 8L.5.- �_ f immimi i p •-y� +_‹ . r 1 inch =214 feet r i �? MARCH 2020 ,� y :1 �,{!!g! ; ,, PLANNING DEPARTMENT iti 1