Loading...
HomeMy WebLinkAboutO-2021-3812, closing of sixteen foot alley ROWORDINANCE NO.2021-3812 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE SIXTEEN (16) FOOT ALLEY RIGHT-OF-WAY LOCATED IN BLOCK 375, TOWN OF LA PORTE, AND THAT PORTION OF THE NORTH J STREET RIGHT-OF-WAY SITUATED BETWEEN NORTH BROADWAY STREET AND NORTH 1ST STREET, 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 property abutting the sixteen (16) foot alley right-of-way in Block 375, Town of La Porte, and that portion of the North J Street right-of-way situated between North Broadway and North 1 st Street, to vacate, abandon and close 27,680 square feet of 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 sixteen (16) foot alley right-of-way in Block 375, Town of La Porte, and that portion of the North J Street right-of-way situated between North Broadway and North 1 st Street are not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of the sixteen (16) foot alley right-of-way in Block 375, Town of La Porte, and that portion of the North J Street right-of-way situated between North Broadway and North 1 st Street is for the protection of the public and for the public interest and benefit, and that the sixteen (16) foot alley right-of-way in Block 375, Town of La Porte, and that portion of the North J Street right- of-way situated between North Broadway and North 1 st Street 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 sixteen (16) foot alley right-of-way in Block 375, Town of La Porte, and that portion of the North J Street right-of-way situated between North Broadway and North 1 st Street are hereby permanently vacated, abandoned, and closed by the City of La Porte, such right-of-way being generally illustrated on Exhibit "A" incorporated herein, and further described to wit: Tract 1 BEING A TRACT OR PARCEL CONTAINING 0.1469 OF AN ACRE OR 6,400 SQUARE FEET OF LAND SITUATED IN THE JOHNSON HUNTER LEAGUE, ABSTRACT NO. 35, HARRIS COUNTY, TEXAS, AND BE MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" FOUND AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY (R.O.W.) LINE OF NORTH J STREET (80 FOOT WIDE) AND THE WESTERLY R.O.W. LINE OF NORTH BROADWAY (100 FOOT WIDE), MARKING THE NORTHEAST CORNER OF LOT 32, OF SAID LA PORTE; 2 THENCE, SOUTH 86 DEG. 57 MIN. 37 SEC. WEST, ALONG THE NORTHERLY LINE OF SAID LOT 32, LA PORTE, A DISTANCE OF 125.00 FEET TO A CAPPED 5/8" IRON ROD STAMPED "WINDROSE" FOUND, MARKING THE NORTHEAST CORNER OF SAID 16 FOOT ALLEY AND THE NORTHWEST CORNER OF SAID LOT 32, LA PORTE, FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, BEING THE POINT OF BEGINNING; THENCE, SOUTH 03 DEG. 02 MIN. 23 SEC. EAST, ALONG THE WESTERLY LINE OF LOTS 17 THROUGH 32, OF SAID LA PORTE, A DISTANCE OF 400.00 FEET TO A POINT IN THE NORTHERLY LINE OF RESTRICTED RESERVE "A", BLOCK 1, LA PORTE LANDFILL, MAP OR PLAT THEREOF RECORDED UNDER FILM CODE NO, 664043 OF THE H.C.M.R., MARKING THE SOUTHWEST CORNER OF SAID LOT 17, LA PORTE AND THE SOUTHEAST CORNER OF SAID 16 FOOT ALLEY, FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 86 DEG. 57 MIN. 37 SEC. WEST, ALONG THE NORTHERLY LINE OF SAID RESTRICTED RESERVE "A", A DISTANCE OF 16.00 FEET TO A CAPPED 5/8" IRON ROD STAMPED "WINDROSE" FOUND, MARKING THE SOUTHEAST CORNER OF LOT 16, OF SAID LA PORTE AND THE SOUTHWEST CORNER OF SAID 16 FOOT ALLEY, FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 03 DEG. 02 MIN. 23 SEC. WEST, ALONG THE EASTERLY LINE OF LOTS 1 THROUGH 16, OF SAID LA PORTE, A DISTANCE OF 400.00 FEET TO A CAPPED 5/8" IRON ROD STAMPED "WINDROSE" FOUND IN THE SOUTHERLY LINE OF SAID NORTH J STREET, MARKING THE NORTHEAST CORNER OF SAID LOT 1 AND THE NORTHWEST CORNER OF SAID 16 FOOT ALLEY. FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 86 DEG. 57 MIN. 37 SEC. EAST, ALONG THE SOUTHERLY LINE OF SAID NORTH J STREET, A DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.1469 OF AN ACRE OR 6,400 SQUARE FEET OF LAND, AS SHOWN ON JOB NO.56132, PREPARED BY WINDROSE LAND SERVICES. Tract 2 BEING A TRACT OR PARCEL CONTAINING 0.4885 OF AN ACRE OR 21,280 SQUARE FEET OF LAND SITUATED IN THE JOHNSON HUNTER LEAGUE, ABSTRACT NO. 35, HARRIS COUNTY, TEXAS, AND BE MORE FULLY DESCRIBED AS FOLLOWS BEGINNING AT A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" FOUND AT THE INTERSECTION OF THE WESTERLY R.O.W. LINE OF NORTH BROADWAY (100 FOOT WIDE) AND THE SOUTHERLY LINE OF SAID NORTH J STREET, MARKING THE NORTHEAST CORNER OF LOT 32, BLOCK 375, OF SAID LA PORTE, FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 86 DEG. 57 MIN. 37 SEC. WEST, ALONG THE NORTHERLY LINE OF LOT 1 AND LOT 32, BLOCK 375.OF SAID LA PORTE, A DISTANCE OF 266.00 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" FOUND AT THE INTERSECTION OF THE EASTERLY R.O.W. LINE OF NORTH 1st STREET (100 FOOT 3 WIDE) AND THE SOUTHERLY LINE OF SAID NORTH J STREET, MARKING THE NORTHWEST CORNER OF SAID LOT 1, LA PORTE, FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 03 DEG. 02 MIN. 23 SEC. WEST, OVER AND ACROSS SAID NORTH J STREET, A DISTANCE OF 80.00 FEET TO A POINT IN THE SOUTHERLY LINE OF LOT 1, BLOCK 1, GULF WINDS SUBDIVISION, MAP OR PLAT THERE OF RECORDED UNDER FILM CODE NO.611247 OF THE H.C.M.R., FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 86 DEG. 57 MIN. 37 SEC. EAST, ALONG THE SOUTHERLY LINE OF SAID LOT 1, GULF WINDS SUBDIVISION, A DISTANCE OF 266.00 FEET TO A 3/8 INCH IRON ROD FOUND AT THE INTERSECTION OF THE WESTERLY R.O.W. LINE OF SAID NORTH BROADWAY AND THE NORTHERLY LINE OF SAID NORTH J STREET, MARKING THE SOUTHEAST CORNER OF SAID LOT 1, GULF WINDS SUBDIVISION, FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 03 DEG. 02 MIN. 23 SEC. EAST, ALONG THE COMMON LINE OF SAID NORTH BROADWAY AND SAID NORTH J STREET, A DISTANCE OF 80 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.4885 OF AN ACRE OR 21,280 SQUARE FEET OF LAND, AS SHOWN ON JOB NO. 56132, PREPARED BY WINDROSE LAND SERVICES. 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. Section 5. That the abutting property owner shall pay all costs aVdciated vAth procedures necessitated by the request to abandon the sixteen (16) foot/ alley right-of-way in Block 375, Town of La Porte, and that portion of the North I i3treet right -of -Way situated between North Broadway and North 1st Street, as described in this Ordinance, plus compensation for the market value of such abandoned prop'ertf 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 4 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 11"' day of January 2021. ATTEST: _ I \ _ APPROVED AS TO FORM: City Secretary Clark Askins, Assistant City Attorney 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: JANUARY 11, 2021 Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: WEJCO Properties, LP Mailing Address: 1000 Uptown Park Blvd. #81 Houston, TX 77056 Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property: (including any improvements): Being the sixteen (16) foot alley right-of-way in Block 375, Town of La Porte, and that portion of the North J Street right-of-way situated between North Broadway and North 1 st Street, and containing a cumulative total of 0.635 acres, and be more fully described as follows: Tract 1 BEING A TRACT OR PARCEL CONTAINING 0.1469 OF AN ACRE OR 6,400 SQUARE FEET OF LAND SITUATED IN THE JOHNSON HUNTER LEAGUE, ABSTRACT NO. 35, HARRIS COUNTY, TEXAS, AND BE MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" FOUND AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY (R.O.W.) LINE OF NORTH J STREET (80 FOOT WIDE) AND THE WESTERLY R.O.W. LINE OF NORTH BROADWAY (100 FOOT WIDE), MARKING THE NORTHEAST CORNER OF LOT 32, OF SAID LA PORTE; THENCE, SOUTH 86 DEG. 57 MIN. 37 SEC. WEST, ALONG THE NORTHERLY LINE OF SAID LOT 32, LA PORTE, A DISTANCE OF 125.00 FEET TO A CAPPED 5/8" IRON ROD STAMPED "WINDROSE" FOUND, MARKING THE NORTHEAST CORNER OF SAID 16 FOOT ALLEY AND THE NORTHWEST CORNER OF SAID LOT 32, LA PORTE, FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, BEING THE POINT OF BEGINNING; THENCE, SOUTH 03 DEG. 02 MIN. 23 SEC. EAST, ALONG THE WESTERLY LINE OF LOTS 17 THROUGH 32, OF SAID LA PORTE, A DISTANCE OF 400.00 FEET TO A POINT IN THE NORTHERLY LINE OF RESTRICTED RESERVE "A", BLOCK 1, LA PORTE LANDFILL, MAP OR PLAT THEREOF RECORDED UNDER FILM CODE NO, 664043 OF THE H.C.M.R., MARKING THE SOUTHWEST CORNER OF SAID LOT 17, LA PORTE AND THE SOUTHEAST CORNER OF SAID 16 FOOT ALLEY, FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 86 DEG. 57 MIN. 37 SEC. WEST, ALONG THE NORTHERLY LINE OF SAID RESTRICTED RESERVE "A", A DISTANCE OF 16.00 FEET TO A CAPPED 5/8" IRON ROD STAMPED "WINDROSE" FOUND, MARKING THE SOUTHEAST CORNER OF LOT 16, OF SAID LA PORTE AND THE SOUTHWEST CORNER OF SAID 16 FOOT ALLEY, FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 03 DEG. 02 MIN. 23 SEC. WEST, ALONG THE EASTERLY LINE OF LOTS 1 THROUGH 16, OF SAID LA PORTE, A DISTANCE OF 400.00 FEET TO A CAPPED 5/8" IRON ROD STAMPED "WINDROSE" FOUND IN THE SOUTHERLY LINE OF SAID NORTH J STREET, MARKING THE NORTHEAST CORNER OF SAID LOT 1 AND THE NORTHWEST CORNER OF SAID 16 FOOT ALLEY. FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 86 DEG. 57 MIN. 37 SEC. EAST, ALONG THE SOUTHERLY LINE OF SAID NORTH J STREET, A DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.1469 OF AN ACRE OR 6,400 SQUARE FEET OF LAND, AS SHOWN ON JOB NO.56132, PREPARED BY WINDROSE LAND SERVICES. Tract 2 BEING A TRACT OR PARCEL CONTAINING 0.4885 OF AN ACRE OR 21,280 SQUARE FEET OF LAND SITUATED IN THE JOHNSON HUNTER LEAGUE, ABSTRACT NO. 35, HARRIS COUNTY, TEXAS, AND BE MORE FULLY DESCRIBED AS FOLLOWS BEGINNING AT A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" FOUND AT THE INTERSECTION OF THE WESTERLY R.O.W. LINE OF NORTH BROADWAY (100 FOOT WIDE) AND THE SOUTHERLY LINE OF SAID NORTH J STREET, MARKING THE NORTHEAST CORNER OF LOT 32, BLOCK 375, OF SAID LA PORTE, FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 86 DEG. 57 MIN. 37 SEC. WEST, ALONG THE NORTHERLY LINE OF LOT 1 AND LOT 32, BLOCK 375. OF SAID LA PORTE, A DISTANCE OF 266.00 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" FOUND AT THE INTERSECTION OF THE EASTERLY R.O.W. LINE OF NORTH 1st STREET (100 FOOT WIDE) AND THE SOUTHERLY LINE OF SAID NORTH J STREET, MARKING THE NORTHWEST CORNER OF SAID LOT 1, LA PORTE, FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 03 DEG. 02 MIN. 23 SEC. WEST, OVER AND ACROSS SAID NORTH J STREET, A DISTANCE OF 80.00 FEET TO A POINT IN THE SOUTHERLY LINE OF LOT 1, BLOCK 1, GULF WINDS SUBDIVISION, MAP OR PLAT THERE OF RECORDED UNDER FILM CODE NO.611247 OF THE H.C.M.R., FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 86 DEG. 57 MIN. 37 SEC. EAST, ALONG THE SOUTHERLY LINE OF SAID LOT 1, GULF WINDS SUBDIVISION, A DISTANCE OF 266.00 FEET TO A 3/8 INCH IRON ROD FOUND AT THE INTERSECTION OF THE WESTERLY R.O.W. LINE OF SAID NORTH BROADWAY AND THE NORTHERLY LINE OF SAID NORTH J STREET, MARKING THE SOUTHEAST CORNER OF SAID LOT 1, GULF WINDS SUBDIVISION, FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 03 DEG. 02 MIN. 23 SEC. EAST, ALONG THE COMMON LINE OF SAID NORTH BROADWAY AND SAID NORTH J STREET, A DISTANCE OF 80 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.4885 OF AN ACRE OR 21,280 SQUARE FEET OF LAND, AS SHOWN ON JOB NO.56132, PREPARED BY WINDROSE LAND SERVICES. 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. City;qor rte, Texas By: D. Alexander Manager Approved as to form: Clark T. Askins Assistant City Attorney STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on / 3Aday of January, 2021, by Corby D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation. otary P ic, State of Texas 'Rr ►� 7SHHEL7LY SIMONNo26309519My comion ExpiresIreu5, 2024 AFTER RECORDING RETURN TO: ASKINS & ASKINS, P.C. P.O. Box 1218 LaPorte, TX 77572-1218 PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. P.O. Box 1218 LaPorte, TX 77572-1218 p�ri M�1� o�u 4� g„ ; � ,�, w r ., by a 4 i S t x ",il Er y�g�'��.-.�rs�rar yam` • �f • � fir!• -4 IBM ROW CLOSURI SAC #20-25000004 N. J St. ROW and Alley Legend Proposed ROW Closui T'EX A5 This product is for informationa purposes and may not have been prepared for or be suitablf for legal purposes. It does not represent an on -the -ground survey and represents only the approximate relative location o property boundaries 1 inch = 201 feet JANUARY 2021 PLANNING DEPARTME� Certification of Public Record 1, the undersigned authority, do hereby certify the attached document is a true and correct copy of the original Ordinance Numbers 2021-3812, passed and approved by the City Council of La Porte and kept by the City Secretary's Office of the City of La Porte, Texas. Lee,Yloodward, City Secretary, City of LaPorte, Texas (City Seal) IL &ba i _ Date ORDINANCE NO.2021-3812 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE SIXTEEN (16) FOOT ALLEY RIGHT-OF-WAY LOCATED IN BLOCK 375, TOWN OF LA PORTE, AND THAT PORTION OF THE NORTH J STREET RIGHT-OF-WAY SITUATED BETWEEN NORTH BROADWAY STREET AND NORTH 1ST STREET, 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 property abutting the sixteen (16) foot alley right-of-way in Block 375, Town of La Porte, and that portion of the North J Street right-of-way situated between North Broadway and North 1st Street, to vacate, abandon and close 27,680 square feet of 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 sixteen (16) foot alley right-of-way in Block 375, Town of La Porte, and that portion of the North J Street right-of-way situated between North Broadway and North 1st Street are not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of the sixteen (16) foot alley right-of-way in Block 375, Town of La Porte, and that portion of the North J Street right-of-way situated between North Broadway and North 1 st Street is for the protection of the public and for the public interest and benefit, and that the sixteen (16) foot alley right-of-way in Block 375, Town of La Porte, and that portion of the North J Street right- of-way situated between North Broadway and North 1 st Street 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 sixteen (16) foot alley right-of-way in Block 375, Town of La Porte, and that portion of the North J Street right-of-way situated between North Broadway and North 1 st Street are hereby permanently vacated, abandoned, and closed by the City of La Porte, such right-of-way being generally illustrated on Exhibit "A" incorporated herein, and further described to wit: Tract l BEING A TRACT OR PARCEL CONTAINING 0.1469 OF AN ACRE OR 6,400 SQUARE FEET OF LAND SITUATED IN THE JOHNSON HUNTER LEAGUE, ABSTRACT NO. 35, HARRIS COUNTY, TEXAS, AND BE MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" FOUND AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY (R.O.W.) LINE OF NORTH J STREET (80 FOOT WIDE) AND THE WESTERLY R.O.W. LINE OF NORTH BROADWAY (100 FOOT WIDE), MARKING THE NORTHEAST CORNER OF LOT 32, OF SAID LA PORTE; 2 THENCE, SOUTH 86 DEG. 57 MIN. 37 SEC. WEST, ALONG THE NORTHERLY LINE OF SAID LOT 32, LA PORTE, A DISTANCE OF 125.00 FEET TO A CAPPED 5/8" IRON ROD STAMPED "WINDROSE" FOUND, MARKING THE NORTHEAST CORNER OF SAID 16 FOOT ALLEY AND THE NORTHWEST CORNER OF SAID LOT 32, LA PORTE, FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT,. BEING THE POINT OF BEGINNING; THENCE, SOUTH 03 DEG. 02 MIN. 23 SEC. EAST, ALONG THE WESTERLY LINE OF LOTS 17 THROUGH 32, OF SAID LA PORTE, A DISTANCE OF 400.00 FEET TO A POINT IN THE NORTHERLY LINE OF RESTRICTED RESERVE "A", BLOCK 1, LA PORTE LANDFILL, MAP OR PLAT THEREOF RECORDED UNDER FILM CODE NO, 664043 OF THE H.C.M.R., MARKING THE SOUTHWEST CORNER OF SAID LOT 17, LA PORTE AND THE SOUTHEAST CORNER OF SAID 16 FOOT ALLEY, FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 86 DEG. 57 MIN. 37 SEC. WEST, ALONG THE NORTHERLY LINE OF SAID RESTRICTED RESERVE "A", A DISTANCE OF 16.00 FEET TO A CAPPED 5/8" IRON ROD STAMPED "WINDROSE" FOUND, MARKING THE SOUTHEAST CORNER OF LOT 16, OF SAID LA PORTE AND THE SOUTHWEST CORNER OF SAID 16 FOOT ALLEY, FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 03 DEG. 02 MIN. 23 SEC. WEST, ALONG THE EASTERLY LINE OF � LOTS 1 THROUGH 16, OF SAID LA PORTE, A DISTANCE OF 400.00 FEET TO A CAPPED Ln 5/8" IRON ROD STAMPED "WINDROSE" FOUND IN THE SOUTHERLY LINE OF SAID co NORTH J STREET, MARKING THE NORTHEAST CORNER OF SAID LOT 1 AND THE co NORTHWEST CORNER OF SAID 16 FOOT ALLEY. FOR THE NORTHWEST CORNER OF N THE HEREIN DESCRIBED TRACT; 0 N THENCE, NORTH 86 DEG. 57 MIN. 37 SEC. EAST, ALONG THE SOUTHERLY LINE OF a_ SAID NORTH J STREET, A DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING rlr AND CONTAINING 0.1469 OF AN ACRE OR 6,400 SQUARE FEET OF LAND, AS SHOWN ON JOB NO.56132, PREPARED BY WINDROSE LAND SERVICES. Tract 2 BEING A TRACT OR PARCEL CONTAINING 0.4885 OF AN ACRE OR 21,280 SQUARE FEET OF LAND SITUATED IN THE JOHNSON HUNTER LEAGUE, ABSTRACT NO. 35, HARRIS COUNTY, TEXAS, AND BE MORE FULLY DESCRIBED AS FOLLOWS BEGINNING AT A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" FOUND AT THE INTERSECTION OF THE WESTERLY R.O.W. LINE OF NORTH BROADWAY (100 FOOT WIDE) AND THE SOUTHERLY LINE OF SAID NORTH J STREET, MARKING THE NORTHEAST CORNER OF LOT 32, BLOCK 375, OF SAID LA PORTE, FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 86 DEG. 57 MIN. 37 SEC. WEST, ALONG THE NORTHERLY LINE OF LOT 1 AND LOT 32, BLOCK 375.OF SAID LA PORTE, A DISTANCE OF 266.00 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" FOUND AT THE INTERSECTION OF THE EASTERLY R.O.W. LINE OF NORTH 1st STREET (100 FOOT WIDE) AND THE SOUTHERLY LINE OF SAID NORTH J STREET, MARKING THE NORTHWEST CORNER OF SAID LOT 1, LA PORTE, FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 03 DEG. 02 MIN. 23 SEC. WEST, OVER AND ACROSS SAID NORTH J STREET, A DISTANCE OF 80.00 FEET TO A POINT IN THE SOUTHERLY LINE OF LOT 1, BLOCK 1, GULF WINDS SUBDIVISION, MAP OR PLAT THERE OF RECORDED UNDER FILM CODE NO.611247 OF THE H.C.M.R., FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 86 DEG. 57 MIN. 37 SEC. EAST, ALONG THE SOUTHERLY LINE OF SAID LOT 1, GULF WINDS SUBDIVISION, A DISTANCE OF 266.00 FEET TO A 3/8 INCH IRON ROD FOUND AT THE INTERSECTION OF THE WESTERLY R.O.W. LINE OF SAID NORTH BROADWAY AND THE NORTHERLY LINE OF SAID NORTH J STREET, MARKING THE SOUTHEAST CORNER OF SAID LOT 1, GULF WINDS SUBDIVISION, FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 03 DEG. 02 MIN. 23 SEC. EAST, ALONG THE COMMON LINE OF SAID NORTH BROADWAY AND SAID NORTH J STREET, A DISTANCE OF 80 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.4885 OF AN ACRE OR 21,280 SQUARE FEET OF LAND, AS SHOWN ON JOB NO. 56132, PREPARED BY WINDROSE LAND SERVICES. :I' u7 Section 2. That the abandonment, vacation and closure provided for herein is made and accepted co subject to all present zoning and deed restrictions if the latter exist, and all easements, co whether apparent or non -apparent, aerial, surface or underground. N o Section 3. That the abandonment, vacation and closure provided for herein shall extend only to C"ithe public right, title, easement and interest and shall be construed to extend only to ry 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 sixteen (16) foot/ al ley right-of-way in Block 375, Town of La Porte, and that portion of the North J 60-det right-of-4y situated between North Broadway and North 1st Street, as described in.this Ordinance, plus compensation for the market value of such abandoned property in actrorddnce 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 c� c� N O N 4 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 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.11111 day of January 2021. CITY OF ORTE, TEXAS Lows R gby, a or APPROVED AS TO FORM: Clark Askins, Assistant City Attorney RP-2021-31354 # Pages 7 01/20/2021 12:40 PM e-Filed & e-Recorded in the Official Public Records of HARRIS COUNTY TENESHIA HUDSPETH COUNTY CLERK Fees $38.00 00 T- C'7 N O N RECORDERS MEMORANDUM Of 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. �Of HABRij r COUNTY CLERK HARRIS COUNTY, TEXAS RP-2021-31354 01/20/2021 ER $38.00 N O N Ad Certification of Public Record 1, the undersigned authority, do hereby certify the attached document is a true and correct copy of the original Ordinance Numbers 2021-3812, passed and approved by the City Council of La Porte and kept by the City Sec etary's Office of the City of La Porte, Texas. LeeW oodward, City Secretary, City of LaPorte, Texas, Date (City Seal) � G�OF I. i