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HomeMy WebLinkAboutOrd 2025-4067 Abandon west Park Avenue at Block 1260 & Crescent ShoresCertification of Public Record 1, the undersigned authority, do hereby certify the attached document is a true and correct copy of the original Ordinance 2025-4067 passed and approved by the City Council of La Porte and kept by the City ecret 's Office of the City of La Porte, Texas. D4 �S Lee o d d, C ecre exas Date ORDINANCE NO.2025-4067 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE WEST 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 west half of 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, to vacate, abandon and close the west 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 west 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 west 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 west 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 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 west 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, 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 Hams County Clerk's File Number (H.C.C.F. No.) 20090080376 of the Official Public Records of Real Property, Harris County, Texas(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 line of 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 corner 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. 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 my 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. Section 5. That the abutting property owner shall pay all costs associated with procedures necessitated by the request to abandon 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, 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 9th day of JUNE 2025. CITY OF LA PO , TE Rick Helton, M o APPROVED AS TO FORM: Clark Askins, City Attorney EXHIBIT A 0413=024 0,485 ACRES Johnson Hunter League, Abstract No.35 LaPorte, Hands County, Texas Abandoned Right -of -Way 0.485 Acres / 21,143 Sq. Ft. DESCRIPTION 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, Harris 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, Texas (O.P.R.R.P.H.C.T.); BEGINNING at a point for the southwest corner Lot 9, Block 4 of said Crescent Shores subdivision, same being in the north line of 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 corner 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 corner 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 03" 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. NOTE: Metes and bounds description prepared in conjunction with Exhibit dated April 30, 2024. An on -the -ground survey was not performed to prepare this Exhibit. Project No. LJAS314-2201.200 T LOWE, R.P.L. 0--5007 T.B.P.L.S. Firm No. 10194382 a.es ACam lei LEM RX 0.P.. ANI6 qY SGOB , •• x , 00• a 1v1Ne N.CAP 1WU6 fAUX1Y NT Yt CTWCI MFFf. 11MA6 NUxiY IXGN's illE xFBA WBBa aunr Bsm nEmxos ry xFxR xxaID auxrc ws Bscows ■ PPA.MFS. ONK WAIC P6OPY5 xOu m°"Ir• raa coon: ACRE 8 to e B IA P.F. flW V MY HOUSE, OWNIN HC.GF. N0. POOB0080J)B OJRKH.C.T. EDGEN•OOD ST. xcen = •Y NW6E u4NWW W l• u PU12 o I• ,.L` pu xSx CRESENT SMDRES BLYD. NEST $ NwW23•E ea95' 2 y' x Re cq n v �" 4 H (BB'5w RMIN). �( • e ] PLACE K .k BEGINNING 0' SBB'369PW 82RF EXHIBIT xGOAeenxnl:osP$•4•MCEee •EEIIS ECBRxxcTox r I ACRES WWGI 4kA6 F. C•A3W. M. NTx. SBx3.Pc. 21s ABANDONED ABA x.C.R. dUXE LBBB N RIGHT-OF-WAY JOX NEON HUNTER A-33 ,... HARRIS COUNTYY,, TEXAS �P. P RIL 30, 2024 JOB NO. W 310-2201.200 ' L 9V%MS e6EB ON EfFD GLLS - xFFJ M. 1. ••••• ............•••• `ti 500] LJA sYEYnIRR. 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