HomeMy WebLinkAboutOrd 2025-4098_street and alley closureORDINANCE NO. 2025-4098
AN ORDINANCE VACATING, ABANDONING AND CLOSING AN APPROXIMATELY
2,000 SQUARE FOOT PORTION OF AN UNDEVELOPED SIXTEEN FOOT
ALLEYWAY BETWEEN LOTS 1— 5 AND LOTS 28 — 32 IN BLOCK 981 OF THE TOWN
OF LA PORTE SUBDIVISION, HARRIS COUNTY, TEXAS, 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 undeveloped 16 foot alleyway between Lots 1-5 and Lots
28-32 in Block 981 of the Town of La Porte subdivision, Harris County, Texas, to vacate, abandon
and close 2,000 square feet 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 a portion of the undeveloped 16 foot alleyway between Lots 1-5 and
Lots 28-32 in Block 981 of the Town of La Porte subdivision, Harris County, Texas is not suitable,
needed, or beneficial to the public as a public road, street, or alley, and the closing a portion of the
of the undeveloped 16 foot alleyway between Lots 1-5 and Lots 28-32 in Block 981 of the Town
of La Porte subdivision, Harris County, Texas, is for the protection of the public and for the public
interest and benefit, and that a portion of the undeveloped 16 foot alleyway between Lots 1-5 and
Lots 28-32 in Block 981 of the Town of La Porte subdivision, 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, a portion of the undeveloped 16 foot alleyway between Lots
1-5 and Lots 28-32 in Block 981 of the Town of La Porte subdivision, Harris County,
Texas 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 0.046 acre tract of land out of a 16 foot wide ally located in Block 981,Town of La
Porte, Harris County, Texas, according to the plat as recorded in Volume 1, Page 27, Harris County
Map Records;
BEGINNING at the northwest corner of Lot 32, Block 981 of said Town of La Porte located at
the intersection of the south line of North "E" Street and the east line of said 16 foot wide alley
and being the northeast corner of this tract;
THENCE south, along the east line of said alley, a distance of 125.00 feet to the southeast corner
of this tract located at the common west corner of Lots 27 and 28 of said Block 981;
THENCE west 16.00 feet to the southwest corner of this tract located on the west line of said alley
at the common east corner of Lots 5 and 6 of said Block 981;
THENCE north, along the west line of said alley, a distance of 125.00 feet to the northwest corner
of this tract located at the northeast corner of Lot 1 of said Block 981 located on the south line of
said North "E" Street;
THENCE east, along the south line of said North "E" Street, a distance of 16.00 feet to the point
of beginning and containing 2000.00 square feet of 0.046 acre 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 undeveloped 16 foot alleyway
between Lots 1-5 and Lots 28-32 in Block 981 of the Town of La Porte subdivision,
Harris County, Texas, 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 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 22ND DAY OF SEPTEMBER 20
ATTEST:
ee Woodward, City Secreta
APPROVED:
CITY OF LA ' ORTE, ► ; AS
Bv:
Rick i-Ielton, Mayor
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Clark T. Askins, Assistant City Attorney