HomeMy WebLinkAboutOrd 2024-4040_abandoning east part of Park AveORDINANCE 2024-4040
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE EAST ONE-HALF
OF THE PARK AVENUE RIGHT-OF-WAY SITUATED BETWEEN THE EAST LINE
OF BLOCK 1260 AND THE WEST LINE OF CRESCENT SHORES, IN THE J. HUNTER
LEAUGUE, ABSTRACT NUMBER 35, 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 real property abutting the east side of the Park Avenue right-of-way situated between the east
line of Block 1260 and the west line of Crescent Shores, in the J. Hunter Survey, Abstract Number
35, Harris County, Texas, and containing 0.485 acres or 21,143 square feet of land, to vacate,
abandon and close the east one-half (1/2) of 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 east one-half (1/2) of the Park Avenue right-of-way situated
between the east line of Block 1260 and the west line of Crescent Shores, in the J. Hunter Survey,
Abstract Number 35, Harris County, Texas, and containing 0.485 acres or 21,143 square feet of
land, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the
closing of the east one-half (1/2) of the Park Avenue right-of-way situated between the east line of
Block 1260 and the west line of Crescent Shores, in the J. Hunter Survey, Abstract Number 35,
Hams County, Texas, and containing 0.485 acres or 21,143 square feet of land, is for the protection
of the public and for the public interest and benefit, and that the east one-half (1/2) of the Park
Avenue right-of-way situated between the east line of Block 1260 and the west line of Crescent
Shores, in the J. Hunter Survey, Abstract Number 35, Harris County, Texas, and containing 0.485
acres or 21,143 square feet of land, 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, Texas, under its home
rule charter, Chapter 62 of the City of La Porte Code of Ordinances and Chapter 253,
Texas Local Government Code, the east one-half (1/2) of the Park Avenue right-of-
way situated between the east line of Block 1260 and the west line of Crescent Shores,
in the J. Hunter Survey, Abstract Number 35, Harris County, Texas, and containing
0.485 acres or 21,143 square feet of land, is hereby permanently vacated, abandoned,
and closed by the City of La Porte, Texas, such right-of-way being generally illustrated
on Exhibit "A" incorporated herein, and further described to wit:
The east one-half (1/2) of 0.485 acres of land being out of an abandoned right-of-way for Park
Avenue, formerly known as Bay Shore RR right-of-way, said 0.485 acres situated between the east
line of Block 1260, Town of La Porte according to the plat thereof recorded in Volume (Vol.) 60,
Page (Pg.) 112 of the Harris County Deed Records (H.C.D.R.), Texas and the west line of Crescent
Shores according to the plat thereof recorded in Vol. 8, Pg. 58 of the Hams County Map Records
(H.C.M.R.), Texas. Said 0.485 acres being situated in Johnson Hunter League, Abstract - 35,
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 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 27" day of JANUARY, 2025.
CITY OF LA
Rick
APPROVED AS TO FORM:
Clark Askins, 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:
�rd �i �(bYVAY� 2025
Grantor:
CITY OF LA PORTE, TEXAS, a municipal corporation
Mailing Address:
604 West Fairmont Parkway, La Porte, TX 77571
Grantee:
La Porte Realty Corp.
Mailing Address:
1000 Uptown Park Blvd., Houston, TX, 77056
Consideration:
Ten and No/100 Dollars ($10.00) cash
and other good and valuable considerations
Property: (including any improvements)
The east one-half (12) of 0.485 acres of land being out of an abandoned right-of-way for Park
Avenue, formerly known as Bay Shore RR right-of-way, said 0.485 acres situated between the east
line of Block 1260, Town of La Porte according to the plat thereof recorded in Volume (Vol.) 60,
Page (Pg.) 112 of the Harris County Deed Records (H.C.D.R.), Texas and the west line of Crescent
Shores according to the plat thereof recorded in Vol. 8, Pg. 58 of the Harris County Map Records
(H.C.M.R.), Texas. Said 0.485 acres being situated in Johnson Hunter League, Abstract - 35,
Hams County, Texas and being more particularly described by metes and bounds as follows:
(Bearings based on a called 20.4858 acres tract described in Harris County Clerk's File Number
(H.C.C.F. No.) 20090080376 of the Official Public Records of Real Property, Harris County,
Tom (O.P.R.R.P.H.C.T.);
BEGINNING at a point for the southwest comer Lot 9, Block 4 of said Crescent Shores
subdivision, same being in the north lineof a called 5.5 acres tract conveyed by deed dated June
24, 1958 to F. Carrington Weems as recorded in Vol. 3523, Pg. 255 of the H.C.D.R., and being
the southeast comer of the herein described tract;
THENCE South 880 26' 00" West a distance of 82.88 feet along the north line of said 5.5 acres to
a point in the east line of said Block 1260;
THENCE North 030 00' 25" West a distance of 254.11 feet along the east line of said Block 1260
to a point in the south line of Crescent Shores Boulevard for the northwest comer of the herein
described tract;
THENCE North 860 56' 23" East a distance of 82.85 feet along the south line of said Crescent
Shores Boulevard to a point in the west line of said Crescent Shores subdivision;
THENCE South 030 00' 25" East a distance of 256.27 feet along the west line of said Crescent
Shores subdivision to the PLACE OF BEGINNING of herein described tract of land and
containing within these calls 0.485 acres or 21,143 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.
A
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Cr cretary
Approved as to form:
U/a-v7tr -t-s4�r.....w
Clark T. Askins
City Attorney
City of La Porte, Texas
By:
rby D. Alexandf
City Manager
STATE OF TEXAS
COUNTY OF HARRIS
This instnnnent was acknowledged before me on the 1) day of Tf by VaV4 , 2025,
by Corby D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation.
Sherry Maxine RoEripuez Notary Public, ate of Texas
Is MY Co31=0n Eylne
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NoteryID19160 28
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AFTER RECORDING RETURN TO:
ASKINS & ASKINS, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
Certification of Public Record
the undersigned authority, do hereby certify the attached
document is a true and correct copy of the
original Ordinance 2024-4040 passed and approved by
the City Council of La Porte and kept by the City
Sepretary's�Off�ce of the City of La Porte, Texas.
City Secrets pF'3'pSHe,,, s Dale
(City Seal) �•
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