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HomeMy WebLinkAboutOrd 2024-3971 - Closing - Gladwyne Ct & Ln ROWsORDINANCE NO.2024-3971 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE GLADWYNE COURT (60 FEET WIDE) AND GLADWYNE LANE (60 FEET WIDE) RIGHTS -OF - WAY, SITUATED SOUTH OF THE BEECHAVEN ROAD RIGHT-OF-WAY, LOCATED IN SECTION 1/BLOCK 1 OF THE BROOKGLEN SUBDIVISION, LA PORTE, HARRIS COUNTY, TEXAS, AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; 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 Gladwyne Court (60 feet wide) and Gladwyne Lane (60 feet wide) rights - of -way situated south of the Beechaven Road right-of-way, located in Block I/Section I of the Brookglen Subdivision, La Porte, Hams County, Texas and containing 36,756 square feet, to vacate, abandon and close said rights -of way, and; WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the Gladwyne Court (60 feet wide) and Gladwyne Lane (60 feet wide) rights -of -way situated south of the Beechaven Road right-of-way, located in Block 1/Section 1 of the Brookglen Subdivision, La Porte, Hams County, Texas and containing 36,756 square feet, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of the Gladwyne Court (60 feet wide) and Gladwyne Lane (60 feet wide) rights -of -way situated south of the Beechaven Road right-of-way, located in Block 1/Section 1 of the Brookglen Subdivision, La Porte, Harris County, Texas and containing 36,756 square feet, is for the protection of the public and for the public interest and benefit, and that the Gladwyne Court (60 feet wide) and Gladwyne Lane (60 feet wide) rights -of -way situated south of the Beechaven Road right-of-way, located in Block 1/Section I of the Brookglen Subdivision, La Porte, Harris County, Texas, 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, the Gladwyne Court (60 feet wide) and Gladwyne Lane (60 feet wide) rights -of -way situated south of the Beechaven Road right-of-way, located in Block 1/Section 1 of the Brookglen Subdivision, La Porte, Harris County, Texas and containing 36,756 square feet is hereby permanently vacated, abandoned, and closed by the City of La Porte, Texas, such rights -of -way being generally illustrated on Exhibit 'W' incorporated herein, and further described to wit: BEING A TRACT OF LAND CONTAINING 0.844 ACRES (36,765 SQUARE FEET) SITUATED IN THE WILLAM M. JONES SURVEY, ABSTRACT 482, HARRIS COUNTY, TEXAS, BEING PART OF GLADWYNE COURT (60.00 FEET WIDE) AND GLADWYNE LANE (60.00 FEET WIDE) OF THE BROOKGLEN SUBDIVISION, SECTION 1, A SUBDIVISION RECORDED IN VOLUME 153, PAGE 99 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS, SAID 0.844-ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 5/8" iron rod found at the common western corner of Lot 17 and Lot 18, Block 1 of said Brookglen, Section 1, lying in the eastern right-of-way (R.O.W.) line of Gladwyne Lane (60 feet wide); THENCE SOUTH 03 degrees 05 minutes 08 seconds EAST, 40.65 feet with said eastern R.O.W. line of Gladwyne Lane to the northeast comer and POINT OF BEGINNING of the herein described tract, having a coordinate value of X=3,206,011.66 (E), Y=13,808,769.74 (N); THENCE SOUTH 03 degrees 05 minutes 08 seconds EAST, 210.55 feet with said eastern R.O.W. line of Gladwyne Lane to an east corner of the herein described tract, from which a point from which a 5/8" iron rod found bears NORTH 11 degrees 57 minutes 48 seconds WEST, 1.2 feet; THENCE with a curve to the RIGHT, having an arc length of 173.37 feet, a radius of 50.00 feet, a delta angle of 198 degrees 39 minutes 43 seconds, and whose long chord bears SOUTH 43 degrees 06 minutes 55 seconds WEST, 98.68 feet to a 5/8" iron rod found at a south comer of the herein described tract; THENCE SOUTH 89 degrees 18 minutes 58 seconds WEST, 158.90 feet with the south R.O.W. line of Gladwyne Court (60 feet wide) to a 5/8" iron rod found at a south comer of the herein described tract; THENCE with a curve to the RIGHT, having an arc length of 249.81 feet, a radius of 50.00 feet, a delta angle of 286 degrees 15 minutes 37 seconds, and whose long chord bears NORTH 00 degrees 41 minutes 20 seconds WEST, 60.00 feet to a 5/8" iron rod set at a west comer of the herein described tract; THENCE NORTH 89 degrees 18 minutes 58 seconds EAST, 141.55 feet with the north R.O.W. line of said Gladwyne Court to a point of curvature from which a 5/8" iron rod bears SOUTH 08 degrees 56 minutes 20 seconds WEST, 0.6 feet, being an internal corner of the herein described tract; THENCE with a curve to the LEFT, having an arc length of 40.32 feet, a radius of 25.00 feet, a delta angle of 92 degrees 24 minutes 06 seconds, and whose long chord bears NORTH 43 degrees 06 minutes 55 seconds EAST, 36.09 feet to an internal comer of the herein described tract, from which a 5/8" iron rod found bears NORTH 85 degrees 58 minutes 47 seconds EAST, 0.9 feet; THENCE NORTH 03 degrees 05 minutes 08 seconds WEST, 193.19 feet with the western R.O.W. line of said Gladwyne Lane to a 5/8" iron rod set at the northwest comer of the herein described tract; THENCE NORTH 86 degrees 54 minutes 52 seconds EAST, 60.00 feet, over and across said Gladwyne Lane to the POINT OF BEGINNING of the herein described tract, containing 0.844 acres (36,756 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 the Gladwyne Court (60 feet wide) and Gladwyne Lane (60 feet wide) rights -of -way situated south of the Beechaven Road right-of-way, located in Block I/Section 1 of the Brookglen Subdivision, LaPorte, Harris County, Texas and containing 36,756 square feet 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 I Ith day of MARCH 2O24. CITY OF LA XAS LodkVRigby, Ma r APPROVED AS TO FORM: T 7L,alf....w Clwk Askins, City Attomey c y 5 7 O q 9 9 3 k�c°'ono3 Z w n] 3„c �D ~ ] 6 ] y rt 0 O S_ ] TO w a DI I•I N D � O (D O 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: March jt2024 Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: HARRIS COUNTY FLOOD CONTROL DISTRICT Mailing Address: 990 Northwest Fwy., Houston, Texas 77092 Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property: (including any improvements): Being the Gladwyne Court (60 feet wide) and Gladwyne Lane (60 feet wide) rights -of -way situated south of the Beechaven Road right-of-way, located in Block 1/Section 1 of the Brookglen Subdivision, La Porte, Harris County, Texas and containing 36,756 square feet, and be more fully described as follows: BEING A TRACT OF LAND CONTAINING 0.844 ACRES (36,765 SQUARE FEET) SITUATED IN THE WILLAM M. JONES SURVEY, ABSTRACT 482, HARRIS COUNTY, TEXAS, BEING PART OF GLADWYNE COURT (60.00 FEET WIDE) AND GLADWYNE LANE (60.00 FEET WIDE) OF THE BROOKGLEN SUBDIVISION, SECTION 1, A SUBDIVISION RECORDED IN VOLUME 153, PAGE 99 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS, SAID 0.844-ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 5/8" iron rod found at the common western comer of Lot 17 and Lot 18, Block 1 of said Brookglen, Section 1, lying in the eastern right-of-way (R.O. W.) line of Gladwyne Lane (60 feet wide); THENCE SOUTH 03 degrees 05 minutes 08 seconds EAST, 40.65 feet with said eastern R.O.W. line of Gladwyne Lane to the northeast comer and POINT OF BEGINNING of the herein described tract, having a coordinate value of X=3,206,011.66 (E), Y==13,808,769.74 (N); THENCE SOUTH 03 degrees 05 minutes 08 seconds EAST, 210.55 feet with said eastern R.O.W. line of Gladwyne Lane to an east comer of the herein described tract, from which a point from which a 5/8" iron rod found bears NORTH 11 degrees 57 minutes 48 seconds WEST, 1.2 feet; THENCE with a curve to the RIGHT, having an arc length of 173.37 feet, a radius of 50.00 feet, a delta angle of 198 degrees 39 minutes 43 seconds, and whose long chord bears SOUTH 43 degrees 06 minutes 55 seconds WEST, 98.68 feet to a 5/8" iron rod found at a south comer of the herein described tract; THENCE SOUTH 89 degrees 18 minutes 58 seconds WEST, 158.90 feet with the south R.O.W. line of Gladwyne Court (60 feet wide) to a 5/8" iron rod found at a south corner of the herein described tract; THENCE with a curve to the RIGHT, having an arc length of 249.81 feet, a radius of 50.00 feet, a delta angle of 286 degrees 15 minutes 37 seconds, and whose long chord bears NORTH 00 degrees 41 minutes 20 seconds WEST, 60.00 feet to a 5/8" iron rod set at a west comer of the herein described tract; THENCE NORTH 89 degrees 18 minutes 58 seconds EAST, 141.55 feet with the north R.O.W. line of said Gladwyne Court to a point of curvature from which a 5/8" iron rod bears SOUTH O8 degrees 56 minutes 20 seconds WEST, 0.6 feet, being an internal comer of the herein described tract; THENCE with a curve to the LEFT, having an arc length of 40.32 feet, a radius of 25.00 feet, a delta angle of 92 degrees 24 minutes 06 seconds, and whose long chord bears NORTH 43 degrees 06 minutes 55 seconds EAST, 36.09 feet to an internal corner of the herein described tract, from which a 5/8" iron rod found bears NORTH 85 degrees 58 minutes 47 seconds EAST, 0.9 feet; THENCE NORTH 03 degrees 05 minutes 08 seconds WEST, 193.19 feet with the western R.O.W. line of said Gladwyne Lane to a 5/8" iron rod set at the northwest comer of the herein described tract; THENCE NORTH 86 degrees 54 minutes 52 seconds EAST, 60.00 feet, over and across said Gladwyne Lane to the POINT OF BEGINNING of the herein described tract, containing 0.844 acres (36,756 square feet) of land. 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. Cityof Porte, Texas sy Cj&y D. Alexander City Manager Approved as to form: Clark T. Askins City Attorney STATE OF TEXAS COUNTY OF I IARRIS This instrument was acknowledged before me on the JIA- day of March 2024 by Corby D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation. ai°••,, HALEY BOWERS ° NOLry Publi0. Sdb of bxes Notary lio, State of Texas Comm. Expires 0745-2025 Notary in 131788294 Certification of Public Record I, the undersigned authority, do hereby certify the attached document is a true and correct copy of the original Ordinance 2024-3971 passed and approved by the City Council of La Porte and kept by the City Secreta 's Office of the City of La Porte, Texas. I � IYl l� Lee Wpo ward, City Se a aary, City a Porte, Texas Date 0