HomeMy WebLinkAboutO-2022-3859, Deed without Warranty, vacating, abandoning and closing the eastern forty feet o fthe north 18th street right-of-wayORDINANCE NO.2022-3859
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE EASTERN FORTY
(40) FEET OF THE NORTH 18TH STREET RIGHT-OF-WAY, SITUATED BETWEEN
THE TYLER STREET AND WEST MADISON STREET RIGHTS -OF -WAY, LOCATED
IN BLOCKS 654 AND 655, TOWN OF LA PORTE, 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 eastern forty (40) feet of the North 18th Street right-of-way situated
between the Tyler Street and West Madison Street rights -of -way, located in Blocks 654 and 655,
Town of La Porte, and containing 16,000 square feet, 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 eastern forty (40) feet of the North 18th Street right-of-way situated
between the Tyler Street and West Madison Street rights -of -way, located in Blocks 654 and 655,
Town of La Porte, and containing 16,000 square feet, is not suitable, needed, or beneficial to the
public as a public road, street, or alley, and the closing of the eastern forty (40) feet of the North
18th Street right-of-way situated between the Tyler Street and West Madison Street rights -of -way,
located in Blocks 654 and 655, Town of La Porte, and containing 16,000 square feet, is for the
protection of the public and for the public interest and benefit, and that the eastern forty (40) feet
of the North 18th Street right-of-way situated between the Tyler Street and West Madison Street
rights -of -way, located in Blocks 654 and 655, Town of LaPorte, 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 eastern forty (40) feet of the North 181h Street right-of-
way situated between the Tyler Street and West Madison Street rights -of -way, located
in Blocks 654 and 655, Town of La Porte, and containing 16,000 square feet, is 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:
BEING A TRACT CONTAINING 0.3673 ACRES OF LAND LOCATED ALONG THE J.
HUNTER SURVEY, A-35, IN HARRIS COUNTY, TEXAS. SAID 0.3673 ACRES BEING THE
EAST ONE-HALF (1 /2) OF NORTH 18TH STREET, AN 80 FOOT WIDE RIGHT-OF-WAY
(R.O.W.)(UNIMPROVED), SITUATED BETWEEN WEST MADISON STREET, A 60 FOOT
WIDE R.O.W. (UNIMPROVED) AND TYLER STREET, A 60 FOOT WIDE R.O.W.
(UNIMPROVED), IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS. SAID 0.3673
ACRES FURTHER BEING LOCATED WEST OF AND ADJACENT TO THE BLOCK 654,
MAP OF LA PORTE, A SUBDIVISION RECORDED IN VOLUME 58, PAGE 462 OF THE
HARRIS COUNTY DEED RECORDS (H.C.D.R.). SAID 0.3673 ACRES BEING MORE
2
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS (BEARINGS
ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL
ZONE, BASED ON OPS OBSERVATIONS):
COMMENCING at a 5/8 inch iron rod found at the northwest corner of Block 618 of said Map
of La Porte, being at the southeast intersection of said North 18th Street and West Barbours Cut
Boulevard (80 foot width), and from which a 3/4 inch iron rod found at the northwest corner of
Block 614 of said Town of La Porte bears North 86 degrees 54 minutes 56 seconds East, 1,304.00
feet;
THENCE, with the east R.O.W. line of said North 18th Street, the following two (2) courses:
1.) South 03 degrees 05 minutes 04 seconds East, a distance of 940.00 feet to a 5/8 inch iron rod
found at the POINT OF BEGINNING, the northwest corner of aforesaid Block 654 and being at
the southeast intersection of said North 18th Street and aforesaid West Madison Street;
2.) South 03 degrees 05 minutes 04 seconds East, a distance of 400.00 feet to a 5/8 inch capped
iron rod stamped "GBI Partners" set at the southwest corner of said Block 654 and being at the
northeast intersection of said North 18th Street and aforesaid Tyler Street;
THENCE, through and across said North 18th Street and with the north R.O.W. line of said Tyler
Street, South 86 degrees 54 minutes 56 seconds West, a distance of 40.00 feet to a 5/8 inch capped
iron rod stamped "GBI Partners" set at the centerline of said 18th Street;
THENCE, with said centerline, North 03 degrees 05 minutes 04 seconds West, a distance of
400.00 feet to a 5/8 inch capped iron rod stamped "GBI Partners" set on the south R.O.W. line of
said West Madison Street;
THENCE, with said south R.O.W. line, North 86 degrees 54 minutes 56 seconds East, a distance
of 40.00 feet to the POINT OF BEGINNING and containing 0.3673-acre of land, more or less.
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 associated with procedures
necessitated by the request to abandon the eastern forty (40) feet of the North 181h
Street right-of-way situated between the Tyler Street and West Madison Street rights -
of -way, located in Blocks 654 and 655, Town of LaPorte, and containing 16,000
square feet, as described in this Ordinance, plus compensation for the market value of
9
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 inecting of the City Council
was posted at a place convenient to the public at the City Mall of the City For the time
I-CCILdred by law preceding this mecting, as required by the Open Meetings Law,
Chapter 551, 'Texas Govermlient 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.
S '�'eetion 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 ofthe ordinance.
Section 9. ]'his ordinance shall be effective from and after its passage and approval, and it is so,
ordered.
PASSED AND, APPROVED THIS 10"' day of JANUARV 2022.
CITY OF IoA PO RTE,
is K/mgLiy, iyja
APPROVED AS,rO FORM:
Clark Askins, Assistant City Attorney
DEED WITHOUT WARRANTY
NO'FICE OF CON FIDE"N'TIA LITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION [-;ROM 'THIS
INSTRU MENT BEFOREE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECLIRITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: January _J�2_ 2022
Grantor: (1TY OF LA PORTE,TEXAS, a municipal corporation
Mailing Address: 604 West Faimiont Parkway, La Porte, TX 77571
Grantee. I-SCO INTERNATIONAL TRADING, ITC:"
Mailing Address: 2600 S. Loop W. Suite 300N Houston, TX 77054
Consideration: Ten and No/100 Dollars ($10.00) cash
and other good and valuable considerations
Property (including any improvernents):
Being the eastern forty (40) feet of the North 18"' Street right-of-way Situated between the Tyler
Street and West Madison Street rights -of -way, located in Blocks 654 and 655, Town of La Porte,
and containing as total of 16,000 square feet, and be more fully described as l'ollows:
BEING A TRACT CONI I AINING 0.3673 ACRES OF' LAND LOCATED ALONG THE J.
HUNTER SIJRVEY, A-35, IN HARRIS COUNTY, TEXAS. SAID 0.3673 ACRES BEING THE
OF NORTH 18TI-I s,rRl---,'ET, AN 80 FOO'I'WIDE RIGHT-OF-WAY
(R.O.W.)(UNIMPROVED), SITUATED BETWEEN WESTMADISON A 60 I-�oo-r
WIDE R.O.W. (UNIMPROVED) AND TYLER STREET, A 60 FOOT WIDE�- R.O.W.
(UNIMPROVED), IN`ICITY OF LA PORTE, HARRIS COUNTY, Tl---XAS. SAID 0.3673
ACRES FURI-TIER, BE'ING LOCATED WEST OF AND ADJACENT 'I"OTHE BLOCK 654,
MAP 01" 1,A PORTE, A SUBDIVISION RE.CORDED IN VOLUME 58,13AGE 462 OFTI-IE
HARRIS COUNTY DEED RECORDS (H.C.D.R.). SAID 0,3673 ACRES BEING MORE
PARTICULARLY DI SCRIBED BY METES AND BOUNDS AS FOLLOWS (BEARINGS
ARE REFERI,'NCI--.D'1"0'1"1-IE'l-EXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL
ZONE, BASED ON OPS OBSERVATIONS):
COMMENCING at a 5/8 inch iron rod found at the northwest corner of Block 618 of said Map
oft.,a Porte, being at the southeast intersection of said North 18th Street and West Barbours Cut
Boulevard (80 foot width), and from which a 3/4 inch iron rod found at the northwest comer of
Block 614 of saidTown ol"La Porte bears North 86 degrees 54 minutes 56 seconds East, 1,30411;
THENCE, with the cast R,O,W. line of said North 18th Street, the following two (2) courses:
1.) South 03 degrees 05 minutes 04 seconds East, a distance of 940.00 feet to a 5/8, inch iron rod
found at the POINT OF BEGINNING, the northwest corner of aforesaid Block 654 and being at
the southeast intersection of said North 18th Street and aforesaidWest Madison Street;
2.) South 03 degrees 05 minutes 04 seconds East, a distance of 400.00 feet to a 5/8 inch capped
iron rod stamped "GBI Partners" set at the southwest corner of said Block 654 and being at the
northeast intersection of said North 18th Street and aforesaid Tyler Street;
THENCE, through and across said North l8th Street and with the north R.O.W. line of said Tyler
Street, South 86 degrees 54 minutes 56 seconds West, a distance of 40.00 feet to a 5/8 inch capped
iron rod stamped "GB I Partners" set at the centerline of said l8th Street;
THENCE, with said centerline, North 03 degrees 05 rninutes, 04 seconds West, a distance of
400,00 feet to a 5/8 inch capped iron rod stamped "GBI Partners" set on the south R,OW, line of
said West Madison Street;
THENCE, with said south R.O.W. line, North 86 degrees 54 minutes 56 seconds East, a distance
of 40.00 feet to the POINT OF BEGINNING and containing 0.3673-acre of land, more or Icss,
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, casements, 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 'texas Property Code (or its successor) are excluded,
Noodward
Secretary
M
Approved as to form:
ell,
Clark T. Askins
Assistant City Attorney
I City of , Porte, Texas
py:
C
C y D. Alexander
City Manager
S'"J'All", OFTIEXAS
COUNTY OF I 1AIMIS
This instrUnICIlt was acknowledged before me on the �) —0 day of January 2022 by Corby D.
Alexander, City Manager of the City of La Porte, Texas, a InUllicipal corporation.
Notary Public, State of"Fexas
MEN
At-I"ER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C. ASKINS & ASKINS, P.C.
P.O. Box 1218 P.O. Box 1218
L.a Portc,'FX 77572-1218 L.a Porte, TX 77572-1218
._.. . � , , e /� „ � �iv�e,.:; ,, .o,,, "i iiDaaiii�4H%O„ �i,,,,,:w„ nrm. ✓ �, , Pr
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Exhibit Page 3 of 3 Pages
N86'SV56"E 1.MkOl'
P.Q.C.
FND. Sf8" I.R.
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—I IOCK 642 ~ 3 BLOCK 643 -- -
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N86'54'56"E
40.00'
_ ILA PORTE�
— ---I �- H.C.D.R.
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BLOCK 655
.—. — ----I
W. MADISON STREET
60' R.0 W. (UNIMPROVED)
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—
LAPORTE
---
VOL. 58, PG. 462 _ —
H.C.D.R.
FND.
FOUND
H.C.D.R.
HARRIS COUNTY DEED RECORDS
I.R.
IRON ROD
P.O.B.
POINT OF BEGINNING
P.O.C.
POINT OF COMMENCING
R.O.W.
RIGHT—OF—WAY
SET
SET 5/8 INCH CAPPED IRON
ROD STAMPED 'OBI PARTNERS"
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NOTES:
1. Seaingo are referenced to the Texas
Coordinate System of 1683 (NAD83�
Central z«na. based an GPS otu>drvattons
Distances are surface and may be
_ --
�valuye{�s
eonvertod to grtd by tattor9 the
�rrtbtrad ad}nahnant factor
0.669888 7059.
SET
SET —_
_ ._ — "
2. Sea Pages 1-2 of 3 Pages for mates
and bounds dascriptton.
se6454'56"w
40.00'
iYL.ER STREET
60' R.O.W. (UNIMPROVED)
r-
- --I
"Illift
0.3673 ACRE OF LAND BEING THE EAST
ONE—HALF (1/2) OF NORTH 18TH STREET
SITUATED BETWEEN WEST MADISON STREET
AND TYLER STREET IN THE CITY OF
LA PORTE, HARRIS COUNTY, TEXAS
Exhibit Page 1 of 3 Pages
County:
Harris
Project:
N. 181h St., La Porte
Job No.:
212404
M&B No.:
21-326
FIELD NOTES FOR 0.3673 ACRE
Being a tract containing 0.3673 acre of land located along the J. Hunter Survey, A-35, in Harris
County, Texas. Said 0.3673 acres being the east one-half (1 /2) of North 18'h Street, an 80 foot
wide Right -of -Way (R.O.W.)(Unimproved), situated between West Madison Street, a 60 foot
wide R.O.W. (Unimproved), and Tyler Street, a 60 foot wide R.O.W. (Unimproved), in the City
of La Porte, Harris County, Texas. Said 0.3673 acre further being located west of and adjacent to
the Block 654, Map of La Porte, a subdivision recorded in Volume 58, Page 462 of the Harris
County Deed Records (H.C.D.R.). Said 0.3673 acre being more particularly described by metes
and bounds as follows (bearings are referenced to the Texas Coordinate System of 1983, South
Central Zone, based on GPS observations):
COMMENCING at a 5/8 inch iron rod found at the northwest comer of Block 618 of said Map
of La Porte, being at the southeast intersection of said North 18`h Street and West Barbours Cut
Boulevard (80 foot width), and from which a 3/4 inch iron rod found at the northwest corner of
Block 614 of said Town of La Porte bears North 86 degrees 54 minutes 56 seconds East,
1,304.00 feet;
THENCE, with the east R.O.W. line of said North 181h Street, the following two (2) courses:
1.) South 03 degrees 05 minutes 04 seconds East, a distance of 940.00 feet to a 5/8 inch iron rod
found at the POINT OF BEGINNING, the northwest corner of aforesaid Block 654 and being
at the southeast intersection of said North 181h Street and aforesaid West Madison Street;
2.) South 03 degrees 05 minutes 04 seconds East, a distance of 400.00 feet to a 5/8 inch capped
iron rod stamped "GBI Partners" set at the southwest corner of said Block 654 and being at the
northeast intersection of said North 18`h Street and aforesaid Tyler Street;
THENCE, through and across said North 181h Street and with the north R.O.W. line of said
Tyler Street, South 86 degrees 54 minutes 56 seconds West, a distance of 40.00 feet to a 5/8 inch
capped iron rod stamped "GBI Partners" set at the centerline of said 18`h Street;
THENCE, with said centerline, North 03 degrees 05 minutes 04 seconds West, a distance of
400.00 feet to a 5/8 inch capped iron rod stamped "GBI Partners" set on the south R.O.W. line of
said West Madison Street:
THENCE, with said south R.O.W. line, North 86 degrees 54 minutes 56 seconds East, a
distance of 40.00 feet to the POINT OF BEGINNING and containing 0.3673 acre of land, more
or less.
Exhibit Page 2 of 3 Pages
THIS DESCRIPTION WAS PREPARED BASED ON A SURVEY MADE ON"THE GROUND UNDER THE
DIRECTION OF KVLE B. DUCKETT, RPLS 6340, FILED IN THE OFFICES OF GBI PARTNERS
UNDERJOB NO, 212404.
Gill Partviers
TBPELS Firm 4 W 13(,')')00
Ph: 281.499.4531)
ikugust 23, 1-021
"'I'll W4--