HomeMy WebLinkAboutO-2020-3783 North 8th Street ROW ORDINANCE NO.2020-3783
AN ORDINANCE VACATING,ABANDONING AND CLOSING THE PORTION OF THE
NORTH 8TH STREET RIGHT-OF-WAY SITUATED BETWEEN THE H STREET
RIGHT-OF-WAY AND THE J STREET RIGHT-OF-WAY, AND RESERVING PUBLIC
UTILITY EASEMENTS TO THE CITY OF LA PORTE FOR WATER AND SANITARY
SEWER MAINS; AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO
THE ADJOINING LANDOWNERS WITH RESTRICTIVE COVENANT AS TO
ERECTION OF STRUCTURES, FACILITIES OR IMPROVEMENTS; 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 portion of the N. 8th Street right-of-way situated between the H Street
right-of-way and J Street right-of-way,to vacate,abandon and close said right-of-way, and;
WHEREAS, the City Council of the City of La Porte has determined and does hereby find,
determine, and declare that the portion of the N. 8th Street right-of-way situated between the H
Street right-of-way and J 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 portion of the N. 8th Street right-of-way
situated between the H Street right-of-way and J Street right-of-way is for the protection of the
public and for the public interest and benefit, and that the portion of the N. 8th Street right-of-way
situated between the H Street right-of-way and J 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 portion of the N. 8th Street right-of-way situated between
the H Street right-of-way and J Street right-of-way is hereby permanently vacated,
abandoned, and closed by the City of La Porte, Texas, such right-of-way being
generally illustrated on Exhibit"A" incorporated herein, and further described to wit:
Being a tract of land containing 1.506 acres,being a portion of N. 8th Street,Nebraska Syndicate,
recorded in Volume 83,Page 34S.Harris County Deed Records and being located in the Johnson
Hunter League,Abstract No.35,Harris County,Texas,and being more fully described as follows:
BEGINNING, at the southerly corner of said street. said COMENCING POINT having a Texas
State Plane Coordinate System, South Central Zone (4204) Value of X=3,229,599.17 and Y=
13,814,674.1S (GRID);
THENCE, South 86 degrees 55 minutes 55 seconds West over and across said street, a distance
of 80 feet to the southwesterly corner of Lessee's Land Space;
THENCE,North 03 degrees 04 minutes 05 seconds West over and across said street, a distance
of 860.04 feet to the northwesterly corner of Lessee's Land Space;
2
THENCE,North 86 degrees 55 minutes 55 seconds West continuing over and across said street,
a distance of 80.00 feet to the Northeasterly corner of Lessee's Land Space;
THENCE,North 86 degrees 01 minutes 30 seconds East continuing over and across said Parent
Tract a distance of 40.00 feet to the northwesterly corner of Lessee's Land Space;
THENCE, South 03 degrees 04 minutes 05 seconds East continuing over and across said street, a
distance of 860.0 feet to the POINT OF BEGINING.
RESERVATION OF EASEMENT AND RESTRICTION ON USE:The City of La Porte hereby
retains a ten (10)foot public utility easement,being five(5) feet on each side of the centerline of
the existing water main located within the aforementioned portion of the North 8th Street right-
of-way, and a twenty (20) foot public utility easement, being ten (10) feet on each side of the
centerline of the existing sanitary sewer main located within the aforementioned portion of the
North 8th Street right-of-way, with the location of said public utility easements being generally
illustrated on Exhibit "B" incorporated herein. Furthermore, the City of La Porte prohibits the
erection of any structures, facilities or improvements on or below the surface of the right-of-way
and public utility easement areas illustrated on Exhibit A and Exhibit B.
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, including the public
utility easements reserved to the City of La Porte as described herein.
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.
Section 5. That the abutting property owner shall pay all costs associated with procedures
necessitated by the request to abandon the portion of the N 8th Street right-of-way
situated between the H Street right-of-way and J 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.
3
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 13th day of April 2020.
CITY Of Ok A 'ORTE,TEXAS
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ouis ' .Rigby,Mai
A QST: APPROVED AS TO FORM:
Lege Woodward, City Secretary Clark Askins, Assistant City Attorney
AI - ry ` • - EXHIBIT A
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Sources.Esri,HERE,Garmin,USGS,Intermap,INCREMENT P, NRCan,
Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand),
Parcel Layer - Address Parcels NGCC,(c)OpenStreetMap contributors,and the GIS User Community
City of La Porte Online Maps. For informational purposes only. This map is not a legal document.
RP-2020-192346
05/07/2020 ER $38.00
ORDINANCE NO.2020-3783
AN ORDINANCE VACATING,ABANDONING AND CLOSING THE PORTION OF THE
NORTH 8TH STREET RIGHT-OF-WAY SITUATED BETWEEN THE H STREET
RIGHT-OF-WAY AND THE J STREET RIGHT-OF-WAY, AND RESERVING PUBLIC
UTILITY EASEMENTS TO THE CITY OF LA PORTE FOR WATER AND SANITARY
SEWER MAINS; AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO
THE ADJOINING LANDOWNERS WITH RESTRICTIVE COVENANT AS TO
ERECTION OF STRUCTURES, FACILITIES OR IMPROVEMENTS; 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 portion of the N. 8th Street right-of-way situated between the II Street
right-of-way and J Street right-of-way,to vacate, abandon and close said right-of-way, and;
WHEREAS, the City Council of the City of La Porte has determined and does hereby find,
determine, and declare that the portion of the N. 8th Street right-of-way situated between the H
Street right-of-way and J 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 portion of the N. 8`h Street right-of-way
situated between the H Street right-of-way and J Street right-of-way is for the protection of the
M public and for the public interest and benefit,and that the portion of the N. 8th Street right-of-way
N situated between the H Street right-of-way and J Street right-of-way should be vacated,abandoned,
CD and permanently closed.
cq
N BE IT ORDAINED BY THE CTTY COUNCIL OF THE CITY OF LA PORTE:
O
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 portion of the.N. 8`h Street right-of-way situated between
the H Street right-of-way and J Street right-of-way is hereby permanently vacated,
abandoned, and closed by the City of La Porte, Texas, such right-of-way being
generally illustrated on Exhibit"A" incorporated herein,and further described to wit:
Being a tract of land containing 1.506 acres,being a portion of N. 8th Street,Nebraska Syndicate,
recorded in Volume 83, Page 34S. Harris County Deed Records and being located in the Johnson
Hunter League,Abstract No.35,Harris County,Texas,and being more fully described as follows:
BEGINNING, at the southerly corner of said street. said COMENCING POINT having a Texas
State Plane Coordinate System, South Central Zone (4204) Value of X=3,229,599.17 and Y=
13,814,674.1S (GRID);
THENCE, South 86 degrees 55 minutes 55 seconds West over and across said street, a distance
of 80 feet to the southwesterly corner of Lessee's Land Space;
THENCE,North 03 degrees 04 minutes 05 seconds West over and across said street, a distance
of 860.04 feet to the northwesterly corner of Lessee's Land Space;
2
THENCE,North 86 degrees 55 minutes 55 seconds West continuing over and across said street,
a distance of 80.00 feet to the Northeasterly corner of Lessee's Land Space;
THENCE,North 86 degrees 01 minutes 30 seconds East continuing over and across said Parent
Tract a distance of 40.00 feet to the northwesterly corner of Lessee's Land Space;
THENCE,South 03 degrees 04 minutes 05 seconds East continuing over and across said street,a
distance of 860.0 feet to the POINT OF BEGINING.
RESERVATION OF EASEMENT AND RESTRICTION ON USE:The City of La Porte hereby
retains a ten(10)foot public utility easement,being five(5)feet on each side of the centerline of
the existing water main located within the aforementioned portion of the North 8th Street right-
of-way, and a twenty (20) foot public utility easement., being ten (10) feet on each side of the
centerline of the existing sanitary sewer main located within the aforementioned portion of the
North 8`h Street right-of-way, with the location of said public utility easements being generally
illustrated on Exhibit "B" incorporated herein. Furthermore, the City of La Porte prohibits the
erection of any structures, facilities or improvements on or below the surface of the right-of-way
and public utility easement areas illustrated on Exhibit A and Exhibit B.
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,
(.0 whether apparent or non-apparent,aerial, surface or underground, including the public
utility easements reserved to the City of La Porte as described herein.
N
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
N that interest which the governing body for the City of La Porte may legally and lawfully
Nabandon,vacate and close.
0
Section 4. That the City Manager is hereby authorized to executeand 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 portion of the N 8`h Street right-of-way
situated between the H Street right-of-way and J 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.
3
Section 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of the conflict only.
Section S. 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 13")day of April 2020.
CITY CI A jORTE,TEXAS
ouis ' Rigby,Mai
N
11
ATT: APPROVED AS TO FORM:
i
1
Lie Woodward, City Secretary Clark Askins,Assistant City Attorney
RP-2020-192346
EXHIBIT A
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Solaces:Esri,HERE,Gamin,USGS,Intomiap,INCREMENT P,NRCan,
Esri Japan, METI, Esri Chita(Hong Kong), Esti Korea, Esn (Thailand),
Parcel Layer- Address Parcels NOCC,(n)OpenSlreetMap contnbutore,and the GIS User Community
City of La Porte Onine Maps. For Informational purposes only. This map is not a legal document.
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Certification of Public Record
I, the undersigned authority, do hereby certify the attached
document is a true and corrlect copy of the
O original Ordinances 2020-3783, passed and approved by
N the City Council of La Porte arTd kept by the City
a) Secretary's Office of the City of La Porte, Texas.
O
N
O
N
a_ Lee Wood and libibirAll. April 29, 2020
fY
Lee Woo. ard, City 'rrrary, City o La Porte, Texas Date
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4
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RP-2020-192346
# Pages 7
05/07/2020 07:34 AM
e-Filed S e-Recorded in the
Official Public Records of
HARRIS COUNTY
DIANE TRAUTMAN
COUNTY CLERK
Fees $38.00
CO
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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.
iz7?t c
� � COUNTY CLERK
O) a 54, HARRIS COUNTY,TEXAS