HomeMy WebLinkAboutO-2023-3914 & Deed Without WarrantyORDINANCE NO.2023-3914
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE
NORTH A STREET, NORTH E STREET, DONALDSON AVENUE, AND BLACKWELL
STREET RIGHTS -OF -WAY SITUATED IN THE J. HUNTER SURVEY, ABSTRACT
NUMBER 35, HARRIS COUNTY, TX, 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 a portion of the North A Street, North E Street, Donaldson Avenue, and
Blackwell Street rights -of -way situated in the J. Hunter Survey, Abstract Number 35, Harris
County, TX, to vacate, abandon and close 12,620 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 a portion of the North A Street, North E Street, Donaldson Avenue,
and Blackwell Street rights -of -way situated in the J. Hunter Survey, Abstract Number 35, Harris
County, TX is not suitable, needed, or beneficial to the public as a public road, street, or alley, and
the closing a portion of the North A Street, North E Street, Donaldson Avenue, and Blackwell
Street rights -of -way situated in the J. Hunter Survey, Abstract Number 35, Harris County, TX, is
for the protection of the public and for the public interest and benefit, and that a portion of the
North A Street, North E Street, Donaldson Avenue, and Blackwell Street rights -of -way situated in
the J. Hunter Survey, Abstract Number 35, Harris County, TX, should be vacated, abandoned, and
permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
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, a portion of the North A Street, North E Street, Donaldson
Avenue, and Blackwell Street rights -of -way situated in the J. Hunter Survey, Abstract
Number 35, Harris County, TX 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 0.2897 acre (12,620 square feet) parcel of land located in the J. Hunter Survey, Abstract
Number 35, Harris County, Texas, and being a portion of North "A" Street (60 feet wide), a portion
of North "E" Street (60 feet wide), a portion of Donaldson Avenue (called 60 feet wide), and a
portion of Blackwell Street (called 60 feet wide) as shown on La Porte Texas First Division a
subdivision of record in Volume 1, Page 27 in the Map Records of Harris County, Texas
(M.R.H.C.). Said 0.2897 acre tract being more particularly described as follows (bearings are
based on the Texas Coordinate System of 1983, South Central Zone):
BEGINNING at a 5/8 inch iron rod with cap stamped "Cobb Fendley & Associates" set for the
northwest corner of Lot 36, Block 988 of said La Porte Texas First Division, being on the south
right-of-way line of said North "E" Street and the southwest corner of the herein described tract;
0)
THENCE, North 030 04' 30" East, departing the south right-of-way line of said North "E" Street,
a distance of 60.00 feet to a 5/8 inch iron rod with cap stamped "Cobb Fendley & Associates" set
for the southwest corner of Lot 17, Block 973 of said La Porte Texas First Division and the
northwest corner of the herein described tract, same being on the south right-of-way line of said
North "E" Street;
THENCE North 86° 54' 03" East, with the north right-of-way line of said North "E" Street and
the south line of said Lot 17, Block 973, a distance of 125.00 feet to a 5/8 inch iron rod with cap
stamped "Cobb Fendley & Associates" set for the southeast corner of said Lot 17, Block 973 and
an angle point of the herein described tract, same being the intersection of the north right-of-way
line of said North "E" Street and the west right-of-way line of said Donaldson Avenue;
THENCE, North 03' 04' 30" West, with the east line of said Block 973 and the west right-of-way
line of said Donaldson Avenue, a distance of 110.52 feet to a 5/8 inch iron rod with cap stamped
"Cobb Fendley & Associates" set marking the north corner of the herein described tract;
THENCE, South 30' 18' 16" East, departing the east line of said Block 973 and the west right-of-
way line of said Donaldson Avenue, a distance of 124.43 feet to a 5/8 inch iron rod with cap
stamped "Cobb Fendley & Associates" set marking an angle point of the herein described tract,
same being in the centerline of said North "A" Street;
THENCE, South 59° 46' 33" West, with the centerline of said North "A" Street, a distance of
30.56 feet to a 5/8 inch iron rod with cap stamped "Cobb Fendley & Associates" set marking an
angle point of the herein described tract and the centerline intersection of said North "A" Street
and said Blackwell Street;
THENCE, South 03' 04' 30" East, with the centerline of said Blackwell Street, a distance of 45.92
feet to a 5/8 inch iron rod with cap stamped "Cobb Fendley & Associates" set for the southeast
corner of the herein described tract, same being the intersection of the centerline of said Blackwell
Street and the south right-of-way line of said North "E" Street;
THENCE, South 86' 54' 03" West, with the north line of said Block 988 and its extension and the
south right-of-way line of said North "E" Street, a distance of 154. 7 4 feet to the POINT OF
BEGINNING and containing 0.2897 acre (12,620 square feet) of land.
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 a portion of the North A Street, North E Street,
Donaldson Avenue, and Blackwell Street rights -of -way situated in the J. Hunter
Survey, Abstract Number 35, Harris County, TX, 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 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"1 day of MARCH 2O23.
CITY OF PORTE, TEXAS
Louis . Rigby, or
APPROVED AS TO FORM:
Clark Askins, Assistant City Attorney
TExaS
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Certification of Public Record
1, the undersigned authority, do hereby certify the attached
document is a true and correct copy of the
original Ordinance 2023-39 1 4 passed and approved by
the City Council of La Porte and kept by the City
SecretarYs. Office of the City of La Porte, Texas.
Lee; o dward, City Secreta ity-e La�Rc;t�, Texas Date'
(City Seal)
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: 3 2023
Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation
Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571
Grantee: CITY OF MORGAN'S POINT, TEXAS, a municipal corporation
Mailing Address: 510 Bayridge Rd., Morgan's Point, TX, 77571
Consideration: Ten and No/100 Dollars ($10.00) cash
and other good and valuable considerations
Property: (including any improvements):
Being a portion of the North A Street, North E Street, Donaldson Avenue, and Blackwell Street
rights -of -way situated in the J. Hunter Survey, Abstract Number 35, Harris County, TX, and
containing a cumulative total of 12,620 square feet, and be more fully described as follows:
BEING a 0.2897 acre (12,620 square feet) parcel of land located in the J. Hunter Survey, Abstract
Number 35,14arris County, Texas, and being a portion of North "A" Street (60 feet wide), a portion
of North "E" Street (60 feet wide), a portion of Donaldson Avenue (called 60 feet wide), and a
portion of Blackwell Street (called 60 feet wide) as shown on La Porte Texas First Division a
subdivision of record in Volume 1, Page 27 in the Map Records of Harris County, Texas
(M.R.H.C.). Said 0.2897 acre tract being more particularly described as follows (bearings are
based on the Texas Coordinate System of 1983, South Central Zone):
BEGINNING at a 5/8 inch iron rod with cap stamped "Cobb Fendley & Associates" set for the
northwest corner of Lot 36, Block 988 of said La Porte Texas First Division, being on the south
right-of-way line of said North "E" Street and the southwest corner of the herein described tract;
THENCE, North 03' 04' 30" East, departing the south right-of-way line of said North "E" Street,
a distance of 60.00 feet to a 5/8 inch iron rod with cap stamped "Cobb Fendley & Associates" set
for the southwest corner of Lot 17, Block 973 of said La Porte Texas First Division and the
northwest corner of the herein described tract, same being on the south right-of-way line of said
North "E" Street;
THENCE North 86* 54' 03" East, with the north right-of-way line of said North "E" Street and
the south line of said Lot 17, Block 973, a distance of 125.00 feet to a 5/8 inch iron rod with cap
stamped "Cobb Fendley & Associates" set for the southeast corner of said Lot 17, Block 973 and
an angle point of the herein described tract, same being the intersection of the north right-of-way
line of said North "E" Street and the west right-of-way line of said Donaldson Avenue;
THENCE, North 03' 04' 30" West, with the east line of said Block 973 and the west right-of-way
line of said Donaldson Avenue, a distance of 110.52 feet to a 5/8 inch iron rod with cap stamped
"Cobb Fendley & Associates" set marking the north corner of the herein described tract;
THENCE, South 30° 18' 16" East, departing the east line of said Block 973 and the west right-of-
way line of said Donaldson Avenue, a distance of 124.43 feet to a 5/8 inch iron rod with cap
stamped "Cobb Fendley & Associates" set marking an angle point of the herein described tract,
same being in the centerline of said North "A" Street;
THENCE, South 59° 46' 33" West, with the centerline of said North "A" Street, a distance of
30.56 feet to a 5/8 inch iron rod with cap stamped "Cobb Fendley & Associates" set marking an
angle point of the herein described tract and the centerline intersection of said North "A" Street
and said Blackwell Street;
THENCE, South 03' 04' 30" East, with the centerline of said Blackwell Street, a distance of 45.92
feet to a 5/8 inch iron rod with cap stamped "Cobb Fendley & Associates" set for the southeast
corner of the herein described tract, same being the intersection of the centerline of said Blackwell
Street and the south right-of-way line of said North "E" Street.
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 of krForte, Texas
LN
Approved as to form:
Clark T. Askins
Assistant City Attorney
CorVD. Alexander
City Manager
STATE OF TEXAS §
COUNTY OF HARMS §
This instrument was acknowledged before me on the I q "—h day of M 6(r'GV1 , 20 2-3 ,
by Corby D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation.
HALEY BOWERS
Notary Public, State of Texas
+� Comm. Expires 07-05-2025
Notary ID 131196294
i
AFTER RECORDING RETURN TO:
ASKINS & ASKINS, P.C.
P.O. Box 1218
LaPorte, TX 77572-1218
&WOO
Notary VPlic, State of Texas
PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
#2. Official Surve
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ORDINANCE NO. 2023 3914
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE
NORTH A STREET, NORTH E STREET, DONALDSON AVENUE, AND BLACKWELL
STREET RIGHTS -OF --WAY SITUATED IN THE J. HUNTER SURVEY, ABSTRACT
NUMBER 35, HARRIS COUNTY, TX, AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A DEED TO THE ADJOINING LANDOWNER; FINDING
COMPLIANCE WITH THE OPEN bUZETINGS LAW; CONTAINING A
SEVERABILITY CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
AN ExrWYLVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by the record owner of
the property abutting a portion of the North A Strect, North E Street, Donaldson Avenue, and
Blackwell Street dghts•of--way situated in the J. Hunter Survey, Abstract Number 35, Harris
Comity, TX, to vacate, abandon and close 12,620 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 a portion of the North A Street, North E Street, Donaldson Avenue,
and Blackwell Street rights -of -way situated in the L Hunter Survey, Abstract Number 35, Harris
County, TX is not suitable, needed, or beneficial to the public as a public road, street, or alley, and
the closing a portion of the North A Street, North E Street, Donaldson Avenue, and Blackwell
Street rights -of -way situated in the J. Hunter Survey, Abstract Number 35, Harris County, TX, is
for the protection of the public and for the public interest and benefit, and that a portion of the
North A Shrcet, North E Street, Donaldson Avenue, and Blackwell Street rights -of -way situated in
the J. Hunter Survey, Abstract Number 35, Harris County, TX, should be vacated, abandoned, and
permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
SectLoa Under and by virtue of the power granted to the City of La Porte under its home rule
charter, Chapter 62 ofthe City of La Porte Code of Ordinances and Chapter 2S3, Texas
Local Government Code, a portion of the North A Street, North E Str+eet, Donaldson
Avenue, and Blackwell Street rights -of -way situated in the J. Hunter Survey, Abstract
Number 35, Harris County, TX 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 0.2897 acre (12,620 square feet) parcel of land located in the J. Hunter Survey, Abstract
Number 35, Harris County, Texas, and being a portion of North "A" Street (60 feet wide, a portion
of North "E" Street (60 feet wide), a portion of Donaldson Avenue (called 60 feet wide), and a
portion of Blackwell Street (called 60 feet wide) as shown on La Porte Texas First Division a
subdivision of record in Volume 1, Page 27 in the Map Records of Harris Cormtyr, Texas
(M. ; ILC.). Said 0.2897 acre tract being more particularly described as follows (bearings are
based on the Texas Coordinate Systern of 1993, South Central Zone):
BEGINNING at a 5/8 inch iron rod with cap stamped "Cobb Fendley & Associates" set for the
northwest corner of Lot 36, Block 988 of said La Porte Texas First Division, being on the south
right-of-way line of said North "W Street and the southwest corner of the herein described tract;
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Section S. That the abutting property owner shall pay all costs associated with procedures
necessitated by the request to abandon a portion of the North A Street, North E Street,
Donaldson Avenue, and Blackwell Street rights -of -way situated in the J. Hunter
Survey, Abstract Number 35, Harris County, TX, 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, detennines, 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 Own Meetings Law,
Chapter 551, Texas Oovemment 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—& 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 shaU be effective from and after its passage and approval, and it is so
ordered.
PASSED AND APPROVED THIS 130' day of MARCH 2023.
CITY OF 1A PORTE, TEXAS
is . Rigby, Wor
APPROVED AS TO FORM:
Ad
Clark Aslcins, Assistant City Attorney
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Certification of Pubic Recvral
the undersigned authority, do hereby certify the attached
document is a true and correct copy of the
original ordinance 2023-3914 passed and approved by
the City Council of La Porte and kept by the City
y of La Porte, Texas.
(City Seal)
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RP-2023-90493
# Pages 7
03/15/2023 10:53 AM
e-Filed & e-Recorded in the
Official Public Records of
HARRIS COUNTY
TENESHIA HUDSPETH
COUNTY CLERK
Fees $38.00
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.
o�1vY�►�'az�.
00
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COUNTY CLERK
HARRIS COUNTY, TEXAS
ORDINANCE NO.2023-3914
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE
NORTH A STREET, NORTH E STREET, DONALDSON AVENUE, AND BLACKWELL
STREET RIGHTS -OF -WAY SITUATED IN THE J. HUNTER SURVEY, ABSTRACT
NUMBER. 35, HARRIS COUNTY, TX, AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A DEED TO THE ADJOE41NG 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 a portion of the North A Street, North E Street, Donaldson Avenue, and
Blackwell Street rights -of -way situated in the J. Hunter Survey, Abstract Number 35, Harris
County, TX, to vacate, abandon and close 12,620 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 a portion of the North A Street, North E Street, Donaldson Avenue,
and Blackwell Street rights -of -way situated in the J. Hunter Survey, Abstract Number 35, Harris
County, TX is not suitable, needed, or beneficial to the public as a public road, street, or alley, and
the closing a portion of the North A Street, North E Street, Donaldson Avenue, and Blackwell
Street rights -of -way situated in the J. Hunter Survey, Abstract Number 35, Harris County, TX, is
for the protection of the public and for the public interest and benefit, and that a portion of the
North A Street, North E Street, Donaldson Avenue, and Blackwell Street rights -of -way situated in
the J. Hunter Survey, Abstract Number 35, Harris County, TX, should be vacated, abandoned, and
permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Sectio 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, a portion of the North A Street, North E Street, Donaldson
Avenue, and Blackwell Street rights -of -way situated in the J. Hunter Survey, Abstract
Number 35, Hams County, TX 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 0.2897 acre (12,620 square feet) parcel of land located in the J. Hunter Survey, Abstract
Number 35, Harris County, Texas, and being a portion ofNorth "A" Street (60 feet wide), a portion
of North "E" Street (60 feet wide), a portion of Donaldson Avenue (called 60 feet wide), and a
portion of Blackwell Street (called 60 feet wide) as shown on La Porte Texas First Division a
subdivision of record in Volume 1, Page 27 in the Map Records of Harris County, Texas
(M.R.H.C.). Said 0.2897 acre tract being more particularly described as follows (bearings are
based on the Texas Coordinate System of 1983, South Central Zone):
BEGINNING at a 518 inch iron rod with cap stamped "Cobb Fendley & Associates" set for the
northwest corner of Lot 36, Block 988 of said La Porte Texas First Division, being on the south
right-of-way line of said North "E" Street and the southwest comer of the herein described tract;
�q
THENCE, North 03° 04' 30" East, departing the south right-of-way line of said North "E" Street,
a distance of 60.00 feet to a 5/8 inch iron rod with cap stamped "Cobb Fendley & Associates" set
for the southwest corner of Lot 17, Block 973 of said La Porte Texas First Division and the
northwest corner of the herein described tract, same being on the south right-of-way line of said
North "E" Street,
THENCE North 86° 54 03" East, with the north right-of-way line of said North "E" Street and
the south line of said Lot 17, Block 973, a distance of 125.00 feet to a 518 inch iron rod with cap
stamped "Cobb Fendley & Associates" set for the southeast comer of said Lot 17, Block 973 and
an angle point of the herein described tract, same being the intersection of the north right-of-way
line of said North "E" Street and the west right-of-way line of said Donaldson Avenue;
THENCE, North 030 04' 30" West, with the east line of said Block 973 and the west right-of-way
line of said Donaldson Avenue, a distance of 110.52 feet to a 5/8 inch iron rod with cap stamped
"Cobb Fendley & Associates" set marking the north corner of the herein described tract;
THENCE, South 30" 18' 16" East, departing the east line of said Block 973 and the west right-of-
way line of said Donaldson Avenue, a distance of 124.43 feet to a 518 inch iron rod with cap
stamped "Cobb Fendley & Associates" set marking an angle point of the herein described tract,
same being in the centerline of said North "A" Street;
THENCE, South 59146 33" West, with the centerline of said North "A" Street, a distance of
30.56 feet to a 5/8 inch iron rod with cap stamped "Cobb Fendley & Associates" set marking an
angle point of the herein described tract and the centerline intersection of said North "A" Street
and said Blackwell Street;
THENCE, South 03" 04' 30" East, with the centerline of said Blackwell Street, a distance of 45.92
feet to a 5/8 inch iron rod with cap stamped "Cobb Fendley & Associates" set for the southeast
corner of the herein described tract, same being the intersection of the centerline of said Blackwell
Street and the south right-of-way line of said North "E" Street;
THENCE, South 86° 54' 03" West, with the north line of said Block 988 and its extension and the
south right-of-way line of said North "E" Street, a distance of 154. 7 4 feet to the POINT OF
BEGINNING and containing 0.2897 acre (12,620 square feet) of land.
Section 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.
ecti n 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.
3
Section 5. That the abutting property owner shall pay all costs associated with procedures
necessitated by the request to abandon a portion of the North A Street, North E Street,
Donaldson Avenue, and Blackwell Street rights -of -way situated in the J. Hunter
Survey, Abstract Number 35, Harris County, TX, 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 Ball 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 13111 day of MARCH 2023.
CITY OF PORTE, TEXAS
L uis . Rigby, Wor
APPROVED AS TO FORM:
Clark Askins, Assistant City Attorney
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Certification of Public Record
1, the undersigned authority, do hereby certify the attached
document is a true and correct copy of the
original Ordinance 2023-3914 passed and approved by
the City Council of La Porte and kept by the City
Secretaryrs Office of the City of La Porte, Texas.
Lee: o dward. City secretary.rAN-e�aEcdb, Texas Date'
(City Seal) Ix
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RP-2023-90467
03/15/2023 ER $26.00
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DEED WITHOUT WARRANTY
NOTICE OF CONFIDENTIAL]TY RFGM: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWINQ 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: 2W
Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation
Mailing Address: 604 West Fairmont parkway, LaPorte, TX 77571
Grantee: CITY OF MORGAN'S POINT, TEXAS, a municipal corporation
Mailing Address: 510 Bayridge Rd., Morgan's Point, TX, 77571
Consideratiaa: Ten and No1100 Dollars (810.00) cash
and other goad and valuable considerations
Property: (including any improvements):
Being a portion of the North A Street, North E Street, Donaldson Avesta, and Blackwell Street
rights -of way sitttated in the J. Hunter Survey, Abstract Number 35, Harris County, TX, and
containing a cumulative total of 12,620 square feet, and be more fully des abed as follows:
Ballo a 0.2897 arm (12,620 square feet) parcel of land located in the J. Hunf Survey, Abstract
Number 35, Harris County, Texas, and being a portion ofNorth "A" Street (60 fert wide), a portion
of North "E" Street (60 feet wide), a portion of Donaldson Avenue (called 60 feet wide), and a
portion of Blackwall Street (called 60 feet wide) as shown on La Porte Texas First Division a
subdivision of record in Volume 1, Page 27 in the Map Records of Harris County, Texas
(MJLH.C.). Said 0.2897 acre tract being more particularly descn`bed as follows (bearings are
based on the Texas Coordinate System of 1983, South Central Zone):
BEGINNING at a SA inch iron roil with cap stamped "Cobb Fcadley & Associates" set for the
northwest corner of Lot 36, Block 988 of said La Porte Texas First Division, being on the south
right-of-way line of said North "E" Street and the southwest comer of the herein described tract;
i7MNCE, North 03° 04' 30" East, departing the south right-of-way line of said North "B" Street,
a distance of 60.00 feet to a 5A inch iron rod with cap stamped 'Cobb Fendley & Associates" set
for the southwest comer of Lot 17, Block 973 of said La Porte Texas First Division and the
northwest corner of the herein described tract, same being on the south right-of-way line of said
North "E" Street;
THENCE Notch 86° 54' 03" East, with the north right-of-way line of said North "E" Street and
the south be of said Lot 17, Block 973, a distance of 125.00 feet to a 5/8 inch iron rod with cap
stamped "Cobb Fendley & Associates" set for the southeast corner of said Lot 17, Block 973 and
an angle point of the herein described tract, same being the intersection of the north right-of-way
line of said North "E" Street and the west right-of-way line of said Donaldson Avenue;
THENCE, North 030 04' 30" West, with the east line of said Block 973 and the west right-of-way
line of said Donaldson Avenue, a distance of 110.52 feet to a 519 inch iron rod with cap stamped
"Cobb Fendley & Associates" set marking the north corner of the herein described tract;
THENCE, South 30° 18' 16" East, departing the east Line of said Block 973 and the west right-of-
way line of said Donaldson Avenue, a distance of 124.43 feet to a 519 inch firm rod with cap
stamped "Cobb Fendley & Associates" set marking an angle point of the herein described tract,
same being in the centerline of said North W' Street;
THENCE, South 59' 46 33" West with the centerline of said North "A" Street, a distance of
3056 feet to a 5/8 inch iron rod with cap stamped "Cobb Fendley & Associates" set marking an
angle point of the herein described tract and the centerline intersection of said North "A" Street
and said Blackwell Street;
THENCE, South 03° W 30" East, with the centerline of said Blackwell Street, a distance of 45.92
feet to a 518 inch iron rod with cap stamped "Cobb Fendley & Associates" set for the southeast
co comer of the herein described tract, same being the intersection of the centerline of said Blackwell
Cp Street and the south right-of-way line of said Worth "E" Street.
rn
NReservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all
O and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and
N covenants, if any, applicable to and enforceable against the above described property as reflected by the
tL records of the county clerk of the aforesaid county.
lY
Grantor forthe 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 of orte, Texas
By:
Co D. Alexander
City Manager
Approved as to form:
Clark T. Askins
Assistant City Attorney
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COUNTY OF HARRIS
This instrument was acknowledged before me on the I q+-6 day of Ma rGh , 20 23 ,
by Corby D. Alexander, City Manager of the City of Ls Porte, Texas, a municipal corporation.
HALEY 8OWE AS
Notary POUo. State of Taws
Comm. Evtras 07-06-2M
Notary 1D 13119M4
AFTER RE, CORDING RETURN TO:
ASKINS & ASKINS, P.C.
P.O. Box 1218
LaPorte, TX 77572-1218
Notary 110fic, State of Texas
PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
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RP-2023-90467
# Pages 4
03/15/2023 10:47 AM
e-Filed & e-Recorded in the
Official Public Records of
HARRIS COUNTY
TENESHIA HUDSPETH
COUNTY CLERK
Fees $26.00
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.
tOt SGq,�U�
$ �Y1.'�-A4-&
Zy �� i COUNTY CLERK
��� a HARRIS COUNTY, TEXAS
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: -J 2023
Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation
Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571
Grantee: CITY OF MORGAN'S POINT, TEXAS, a municipal corporation
Mailing Address: 510 Bayridge Rd., Morgan's Point; TX, 77571
Consideration: Ten and No/100 Dollars ($10.00) cash
and other good and valuable considerations
Property: (including any improvements):
Being a portion of the North A Street, North E Street, Donaldson Avenue, and Blackwell Street
rights -of -way situated in the J. Hunter Survey, Abstract Number 35, Harris County, TX, and
containing a cumulative total of 12,620 square feet, and be more fully described as follows:
BEING a 0.2897 acre (12,620 square feet) parcel of land located in the J. Hunter Survey, Abstract
Number 35, Harris County, Texas, and being a portion of North "A" Street (60 feet wide), a portion
of North "E" Street (60 feet wide), a portion of Donaldson Avenue (called 60 feet wide), and a
portion of Blackwell Street (called 60 feet wide) as shown on La Porte Texas First Division a
subdivision of record in Volume 1, Page 27 in the Map Records of Harris County, Texas
(M.R.H.C.). Said 0.2897 acre tract being more particularly described as follows (bearings are
based on the Texas Coordinate System of 1983, South Central Zone):
BEGINNING at a 518 inch iron rod with cap stamped "Cobb Fendley & Associates" set for the
northwest corner of Lot 36, Block 988 of said La Porte Texas First Division, being on the south
right-of-way line of said North "E" Street and the southwest corner of the herein described tract;
THENCE, North 03° 04' 30" East, departing the south right-of-way line of said North "E" Street,
a distance of 60.00 feet to a 518 inch iron rod with cap stamped "Cobb Fendley & Associates" set
for the southwest corner of Lot 17, Block 973 of said La Porte Texas First Division and the
northwest corner of the herein described tract, same being on the south right-of-way line of said
North "E" Street;
THENCE North 86° 54' 03" East, with the north right-of-way line of said North "E" Street and
the south line of said Lot 17, Block 973, a distance of 125.00 feet to a 5/8 inch iron rod with cap
stamped "Cobb Fendley & Associates" set for the southeast corner of said Lot 17, Block 973 and
an angle point of the herein described tract, same being the intersection of the north right-of-way
line of said North "E" Street and the west right-of-way line of said Donaldson Avenue;
THENCE, North 03° 04' 30" West, with the east line of said Block 973 and the west right-of-way
line of said Donaldson Avenue, a distance of 110.52 feet to a 5/8 inch iron rod with cap stamped
"Cobb Fendley & Associates" set marking the north corner of the herein described tract;
THENCE, South 30' 18' 16" East, departing the east line of said Block 973 and the west right-of-
way line of said Donaldson Avenue, a distance of 124.43 feet to a 5/8 inch iron rod with cap
stamped "Cobb Fendley & Associates" set marking an angle point of the herein described tract,
same being in the centerline of said North "A" Street;
THENCE, South 59' 46' 33" West, with the centerline of said North "A" Street, a distance of
30.56 feet to a 5/8 inch iron rod with cap stamped "Cobb Fendley & Associates" set marking an
angle point of the herein described tract and the centerline intersection of said North "A" Street
and said Blackwell Street;
THENCE, South 03° 04' 30" East, with the centerline of said Blackwell Street, a distance of 45.92
feet to a 5/8 inch iron rod with cap stamped "Cobb Fendley & Associates" set for the southeast
corner of the herein described tract, same being the intersection of the centerline of said Blackwell
Street and the south right-of-way line of said North "E" Street.
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 of orte, Texas
By:
Cor D. Alexander
City Manager
Approved as to form:
Clark T. Askins
Assistant City Attorney
STATE OF TEXAS §
COUNTY OF HAR.RIS §
This instrument was acknowledged before me on the ! q+h day of MQY'61tq , 2Q 23 ,
by Corby D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation.
`avnN,.; MALEY BOWERS
Notary Publts, Stato of Toxas
fe= comet. Expires t}7052025
Notaryl013t19629A
AFTER RECORDING RETURN TO:
ASKINS & ASKINS, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
Notary Pailic, State of Texas
PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C.
P.O. Box 1218
LaPorte, TX 77572-1218
askins
& askins P.C.
ATTORNEYS and COUNSELORS
Knox W. Askins
C1arkT. Askins
March 16, 2023
Harris County Appraisal District
ATTENTION: NAME/ADDRESS CHANGE
P.O. BOX 922012
Houston, TX 77292-2012
(C(UFIi�
Re: Right-of-way closure, being portion of North A St., North E St., Donaldson Ave. and
Blackwell St. J. Hunter Survey
Dear Sir/Madam:
I enclose copy of street right-of-way closure ordinance, passed by the La Porte City Council on
March 13, 2023, and recorded under Harris County Clerk's File No. PR-2023-90493, along with
Deed Without Warranty from the City of La Porte, Texas to the City of Morgan's Point, Texas
dated March 13, 2023, and recorded under Harris County Clerk's File No. 2023-90467.
Please place this property on your tax rolls in the name of City of Morgan's Point, Texas and
maintain as EXEMPT from taxation.
Thank you for your kind assistance in this matter.
Yours very truly,
c
Clark T. Askins
CTA:mr
Enclosure
Mr. Corby Alexander
alexanderc@la-portetx.gov
702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218
281.471.1887 phone • clark@askinslaw.com