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Home My WebLink AboutOrd 2026-5036_closure of alleyway RE-2026-111565 03/25/2026 ER $41.00 ORDINANCE NO.2026-5036 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEYWAY BETWEEN LOTS 1 - 16 AND LOTS 17 - 32 IN BLOCK 686 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 ACT; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, on April 3, 1978, pursuant to an application filed by the adjoining landowner and payment of fair market value of$2,158.92 to the City of La Porte,the La Porte City Council voted to adopt Ordinance No. 1114 to permanently close and abandon the alley in Block 686,Town of La Porte Subdivision;and WHEREAS,when the current owner of Block 686 discovered that Ordinance No. 1114 was never recorded with the Harris County Clerk, it was determined that Ordinance No. 1114 was never executed by the mayor of the City of La Porte after its adoption by the City Council;and WHEREAS,Section 2.11(a)of the La Porte City Charter requires that all ordinances adopted by the La Porte City Council be authenticated by the signature of the mayor,and (D WHEREAS, under state law an ordinance that does not comply with the requirements of the 'O adopting municipality's charter that it be attested by the signature of designated officials is void and of no legal effect;and WHEREAS, for the foregoing reasons Ordinance No. 1114 is not recordable with the Harris 0 County Clerk and therefore not effective to establish that the alley in Block 686,Town of La Porte was closed,vacated and abandoned by the City of La Porte;and WHEREAS,the La Porte City Council desires to ratify the decision of the La Porte City Council taken on April 3, 1978,to permanently close,vacate and abandon the alley in Block 686,Town of La Porte,as evidenced by 1)meeting minutes of the April 3, 1978,La Porte City Council meeting reflecting the unanimous adoption of Ordinance No. 1114 and receipt by the city of$2,158.92 from the applicant and adjoining property owner,and 2)copy of Ordinance No. 1114 attested by the City Secretary and City Attorney,by passage of this ordinance officially vacating,abandoning and closing the alley in Block 686,Town of La Porte. NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS,TEXAS: Section 1.Under and by virtue of the power granted to the City of La Porte,Texas,under its home role charter,Chapter 62 of the City of La Porte Code of Ordinances and Chapters 253 and 271,Texas Local Government Code,the alley between Lots 1-16 and Lots 17.32 in Block 686 of the Town of La Porte subdivision,Harris County,Texas,being 0.275 acres and containing 12,000 square feet, 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 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. The City Council finds that the payment of all fees and expenses,including fair market value of$2,158.92 based on an independent appraisal, in connection with the 1978 application to close the alley in Block 686 of the Town of La Porte Subdivision,Harris County,Texas,was received and processed by the City of La Porte in 1978. 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 LO was posted at a place convenient to the public at the City Hall of the City for the time rn 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 CO matter thereof has been discussed, considered, and formally acted upon, The City N Council further ratifies,approves,and confirms such written notice and the contents O N and posting thereof. a 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 23rd DAY OF MARCHA2026. CITY OF By: Rick HeltST: LL !� may Ilt 0 .( .4) Le odward,Ci til 4S APPROVED AS TO FORM: C fio/tf...n Clark T.Asking,City Attorney LU Co r 04 N O N a OF L q A �9 U m raxne Certification of Public Record 1, the undersigned authority, do hereby certify the attached document is a true and correct copy of the U, original Ordinance 2026-5036 passed and approved by the City Council of La Porte and kept by the City Secretan/s. Office of tfw City of La Porte, Texas. C OFNP R ?4 o tip,••....... .E deeW o , &y5 afSB tte,'[e1�s% Date ' 'y (City Seal) 'I 1 . RP-2026-111565 # Pages 6 03/25/2026 11:15 AN e-Filed & e-Recorded in the Official Public Records of HARRIS COUNTY TENESHIA HUDSPETH COUNTY CLERK Fees $41.00 '0 to r N O N d RECORDERS umentAwaVM This instrument was received and recorded electronically and any blackouts, additions or changes were present at the tine the instrument was filed and recorded.My 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. /* COUNTY CLERK RJ t HARRIS COUNTY.TEXAS ORDINANCE NO. 2026-5036 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEYWAY BETWEEN LOTS 1 - 16 AND LOTS 17 - 32 IN BLOCK 686 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 ACT; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, on April 3, 1978, pursuant to an application filed by the adjoining landowner and payment of fair market value of$2,158.92 to the City of La Porte,the La Porte City Council voted to adopt Ordinance No. 1114 to permanently close and abandon the alley in Block 686,Town of La Porte Subdivision;and WHEREAS,when the current owner of Block 686 discovered that Ordinance No. 1114 was never recorded with the Harris County Clerk, it was determined that Ordinance No. 1114 was never executed by the mayor of the City of La Porte after its adoption by the City Council;and WHEREAS. Section 2.11(a) of the La Porte City Charter requires that all ordinances adopted by the La Porte City Council be authenticated by the signature of the mayor; and WHEREAS, under state law an ordinance that does not comply with the requirements of the adopting municipality's charter that it be attested by the signature of designated officials is void and of no legal effect; and WHEREAS, for the foregoing reasons Ordinance No. 1114 is not recordable with the Harris County Clerk and therefore not effective to establish that the alley in Block 686,Town of La Porte was closed,vacated and abandoned by the City of La Porte;and WHEREAS,the La Porte City Council desires to ratify the decision of the La Porte City Council taken on April 3, 1978,to permanently close,vacate and abandon the alley in Block 686,Town of La Porte,as evidenced by 1)meeting minutes of the April 3, 1978,La Porte City Council meeting reflecting the unanimous adoption of Ordinance No. 1114 and receipt by the city of$2,158.92 from the applicant and adjoining property owner,and 2)copy of Ordinance No. 1114 attested by the City Secretary and City Attorney,by passage of this ordinance officially vacating,abandoning and closing the alley in Block 686,Town of La Porte. NOW THEREFORE,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 Chapters 253 and 271, Texas Local Government Code,the alley between Lots 1-16 and Lots 17-32 in Block 686 of the Town of La Porte subdivision,Harris County,Texas, being 0.275 acres and containing 12,000 square feet, 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 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 S. The City Council finds that the payment of all fees and expenses,including fair market value of$2,158.92 based on an independent appraisal, in connection with the 1978 application to close the alley in Block 686 of the Town of La Porte Subdivision,Harris County,Texas,was received and processed by the City of La Porte in 1978. 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 23rd DAY OF MARCH 2026. CITY OF LA PO TE, By: Rick Helton, ayor 'r<.- ...... ;f}�ttzJ itti ST: f i oodward, Cc ttt14Y::OUN b APPROVED AS TO FORM: Clark T.Askins,City Attorney oa m ern/ flJU X N .� i ] � S`i C PO 1'T• snq m Oo V '➢; 33 a � yq o D . . na 33- ieelLi 2.5. "f Nish `r I 1al;W;.�1'l! , '"Lsdlli .� ", - -' -:,C I C - : r j : i % - __ ' ' 4 ,y1 —r I 1tL : v�' ,1 R � V m *exss Certification of Public Record 1, the undersigned authority, do hereby certify the attached document is a true and correct copy of the original Ordinance 2026-5036 passed and approved by the City Council of La Porte and kept by the City Secretarj(s Office of t City of La Porte, Texas. ee W od d , City S t6Lt tteft(a. e*Qs tt Date if /� (City Seal) 1•' rP�f RP-2026-111566 03/25/2026 ER $29.00 DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: Fkacdn 23,2026 Grantor: CITY OF LA PORTE,TEXAS,a municipal corporation Mailing Address: 604 West Fairmont Parkway,La Porte,TX 77571 Grantee: PFEIFFER&SON,LTD.,a Texas limited partnership Mailing Address: P.O.Box 1116,La Porte,TX 77572-1116 Consideration: Ten and No/I 00 Dollars($I0.00)cash and other good and valuable considerations Property:(including any improvements): ttr1 The alley between Lots 1-16 and Lots 17-32 in Block 686 of the Town of La Porte subdivision,Harris County,Texas,being 0.275 acres and containing 12,000 square feet o Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject N to all and singular the restrictions, conditions, oil, gas, and other mineral reservations,easements, (L 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 armnties in§5.023 of the Taxes Property Code(or its successor)are excluded. C yktr City of Porte,Texas t By. oodward t orby D.Alexander ity Secretary gy I*l City Manager 7 Z f �� Approved as to form: t � ..,-�}Fv' try 0GfJ5 �.F Clark T.Askins City Attorney STATE OF TEXAS § COUNTY OF HARRIS This instrument was acknowledged before me on the 2 )day of,kirk n.h 2026,by Corby D. Alexander,City Manager of the City of La Porte,Texas, a municipal corporation. 61rxry W�Yx Rolaaun tJ 1�-G`� Yr eemmlglw ivNm artnsie Notary Publi a[e of Texas Nebry Int9vaW06a AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: ASKINS&ASKINS,P.C. ASKINS&ASKINS,PC. P.O.Box 1218 P.O.Box 1218 LaPorte,TX 77572-1218 LaPorte,TX 77572-1218 r0 (0 In t0 N O N 1L RP-2026-111566 X Pages 3 03/25/2026 11:15 AM e-Filed & e-Recorded in the Official Public Records of HARRIS COUNTY TENESHIA HUDSPETH COUNTY CLERK Fees $29.00 CD CD In r N O N d RECORDERS uEentAwaUM This instrument was received and recorded electronically and any blackouts, additions or changes were present at the tine the instrument was filed and recorded. My 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 tine stamped hereon by me; and was duly RECORDED in the Official Public Records of Real Property of Harris County, Texas. $ COUNTY CLERK Aa��tA 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: Nwrcln 23,2026 Grantor: CITY OF LA PORTE,TEXAS,a municipal corporation Mailing Address: 604 West Fairmont Parkway,La Porte,TX 77571 Grantee: PFEIFFER&SON,LTD.,a Texas limited partnership Mailing Address: P.O.Box 1116,La Porte,TX 77572-1116 Consideration: Ten and No/100 Dollars($10.00)cash and other good and valuable considerations Property:(including any improvements): The alley between Lots 1-16 and Lots 17-32 in Block 686 of the Town of La Porte subdivision,Harris County,Texas,being 0.275 acres and containing 12,000 square feet 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 t e warranties in§5.023 of the Texas Property Code(or its successor)are excluded. /�� /.\�pF...` p�ATFiI City of Porte,Texas oodward �' i lj rby D.Alexander ity Secretary j 1*' City Manager 9�..............•••'`FJ y � Approved as to form: 11111t 5 / �� rtt / `L. ENO (•/�- % Clark T.Askins City Attorney STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the 73 day of l& rch 2026,by Corby D. Alexander,City Manager of the City of La Porte,Texas,a municipal corporation. JaMrry Madre RoOdpwz • Nyn,Ms lnlon EF900 31IV2028 Notary Publi ate of Texas N018ry 10134804988 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: ASKINS&ASKINS,P.C. ASKINS&ASKINS,P.C. P.O.Box 1218 P.O.Box 1218 LaPorte,TX 77572-1218 LaPorte,TX 77572-1218 -n r r) 0 cn CD