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HomeMy WebLinkAboutOrd 2026-5047_closure of N. Iowa St.ORDINANCE NO. 2026-5047 AN ORDINANCE VACATING, ABANDONING AND CLOSING AN APPROXIMATELY 24,000 SQUARE FOOT PORTION OF THE 60-FOOT NORTH IOWA STREET RIGHT- OF-WAY BETWEEN BARBOURS CUT BLVD. AND NORTH E STREET, AND AN APPROXIMATELY 8,880 SQUARE FOOT PORTION OF THE NORTH ONE-HALF OF THE 60-FOOT NORTH E STREET RIGHT-OF-WAY BETWEEN NORTH BROADWAY STREET AND THE CENTER LINE OF NORTH IOWA STREET; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owners of property abutting 1) an approximately 24,000 square -foot portion of the 60-foot North Iowa Street right-of-way between Barbours Cut Blvd. and North E. Street, and 2) an approximately 8,880 square -foot portion of the north one-half of the 60-foot North E. Street right-of-way between North Broadway Street and the center line of North Iowa Street, to vacate, abandon and close said rights - of way. WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that 1) an approximately 24,000 square -foot portion of the 60-foot North Iowa Street right-of-way between Barbours Cut Blvd. and North E. Street, and 2) an approximately 8,880 square -foot portion of the north one-half of the 60-foot North E. Street right-of-way between North Broadway Street and the center line of North Iowa Street are not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of 1) the approximately 24,000 square -foot portion of the 60-foot North Iowa Street right-of-way between Barbours Cut Blvd. and North E. Street, and 2) an approximately 8,880 square -foot portion of the north one-half of the 60-foot North E. Street right-of-way between North Broadway Street and the center line of North Iowa Street is for the protection of the public and for the public interest and benefit, and that 1) the approximately 24,000 square -foot portion of the 60-foot North Iowa Street right-of-way between Barbours Cut Blvd. and North E. Street, and 2) an approximately 8,880 square -foot portion of the north one-half of the 60-foot North E. Street right-of-way between North Broadway Street and the center line of North Iowa Street, 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 Chapters 253 and 272, Texas Local Government Code, that 1) the approximately 24,000 square -foot portion of the 60-foot North Iowa Street right-of-way between Barbours Cut Blvd. and North E. Street, and 2) an approximately 8,880 square -foot portion of the north one- half of the 60-foot North E. Street right-of-way between North Broadway Street and the center line of North Iowa Street, is hereby permanently vacated, abandoned, and closed by the City of La Porte, Texas, such rights -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 owners Section 5. That the abutting property owners shall pay all costs associated with procedures necessitated by the request to abandon 1) an approximately 24,000 square -foot portion of the 60-foot North Iowa Street right-of-way between Barbours Cut Blvd. and North E. Street, and 2) an approximately 8,880 square -foot portion of the north one-half of the 60-foot North E. Street right-of-way between North Broadway Street and the center line of North Iowa Street, 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 24th DAY OF AUGUST 2026. By: TT T: r • e oodward, City Secret APPROVED AS TO FORM: Clark T. Askins, City Attorney CITY OF LA Rick Hel "• n, ayor LEGEND . ITEMS TUT MAY APPEAR IN . P.R.C.TPOINT OF TRAE EERSSE CURVATURE DRAWING BELOW P.U.E. = PUBUC UTUTY EASEMENT A.E. = AERIAL EASEMENT M.P. = METAL POST R.O.W. = RIGHT OF WAY B.L = BUILDING UNE M.U.E. = MUNICIPAL UTUTY EASEMENT S.I.R. = SET IRON ROD BRS = BEARS P.A.E. = PERMANENT ACCESS EASEMENT S.S.E. = SANITARY SEWER EASEMENT C.F./ = CLERKS FILE NUMBER P.C. = POINT OF CURVATURE SAME. - STORM SEWER EASEMENT D.E. = DRAINAGE EASEMENT P.C.C. = POINT OF COMPOUND CURVAIUREU.TS = UNABLE TO SEE EE = ELECTRIC EASEMENT P0. - POOL EQUIPMENT U.E. = UTUTY EASEMENT F.I.P.= FOUND IRON PIPE P.O.C. = POINT OF COMMENCING W.LE. = WATER UNE EASEMENT F.I.R.= FOUND IRON ROD P.0.8 = POINT OF BEGINNING W.P. = WOWEN POST SF.N.F.= SEARCH FCR NOT FOUND END. = FOUND P.P. = POWER POLE W.S.E. = WATER k SEWER EASEMENT = NOT TO SCALE © = WY ANCHOR ® - POWER POLE e - SERMCE DROP = CONTROL MONUMENT • = PROPERTY CORNER = PROPERTY UNE EASEMENT UNE BUILDING SETBACK UNE BUILDING WALL WOODEN FENCE CHAIN UNK FENCE - METAL FENCE = WIRE FENCE = VINYL FENCE = OVERHEAD ELECTRIC POWER UNE UNE BEARING LENGTH L7 N 86' 59'40' E 60.00' L2 N 03' 00'20' W 60.00' Portion to Singh: West 1/2 of N. Iowa (24,000 s.f.) and w the North 1/2 of LA N. E St. from N. F- Broadway to the center line of N. < 3 Iowa (8,880 s.f.) 0 6 O 00 LOT 32 0 0 LOT 17 F— 0 z TRACT 2: LOTS 1, 2, 3 & 4 o BLOCK 436 0 LA PORTE o VOL. 8, PG. 16 M.R.H.C. (CAPPED) • BARBOUR'S CUT BOULEVARD (100' R.O.W.) 266.00 II P.O.B. L1 F.I.R. (CAPP THIND LA PERTY H.C.C.F.ONO. RP-2025 PORTE1 326 LLC TRACT 1: 0 RESTRICTED RESERVE "A" Ci 0 BLOCK ONE O CLIFFORD HALL ENTERPRISES rJ SUBDIVISION FILM CODE NO. 672043 M.R.H.C. F.I.R. 5/8' (CAPPED)(BRS) S 64' 25'20' W=0.47 00.00' (CAPPED) WEST MADISON STREET b (PLA O,WR NORTH D) m (80' R LOT 32 g�Pe PG 16 $ , O .lo\-•MiRN' .LOT 17 , F.LP. WEST TYLER STREET 1' (PLA (80' RS NORTH C) F.I.R. 5/8 1- N 86'59'40" 6 0 O 0 0 N 03°00'20" W 1.11 LLJ (n 0 0 z I Aga NORTH E 266.00�� F•I.R. 5 NORTH E STREET S 86'59'40" W Reviewed & Accepted by: Date 326.00' M r S.F.N.F. .o O .o 0 0 to d• 0 (V O O 0 O SCALE I 1"=100' N Portion ',,u Perdika, LLC: East 1/2, of N. Iowa (24,00C s.f.) 1.000 ACRE PART OF ORTH IOWA STREET & NORTH E STREET NORTH E STREET (60' R.O.W.) ).CIO S.F.N.F. LOT 1 CC - w w 17i Q 0 cc O_ 0 F- O Z Date NOTES: - BEARING BASIS: FILM CODE N0. 672043, M.R.H.C. - SUBJECT TO ANY AND ALL RECORDED AND UNRECORDED EASEMENTS - SURVEYOR HAS NOT INDEPENDENTLY ABSTRACTED PROPERTY - UNDERGROUND URUTY INSTALLATIONS,UNDERGROUND IMPROVEMENTS, FOUNDATIONS AND/OR OTHER UNDERGROUND STRUCTURES WERE NOT LOCATED BY THIS SURVEY - THIS SURVEY IS CERTIFIED FOR THIS TRANSACTION ONLY, N IS NOT TRANSFERABLE TO ADDTOONAL INSTITUTIONS OR SUBSEQUENT OWNERS - THIS SURVEY WAS COMPLETED WITHOUT THE BENEFIT OF A TITLE REPORT/COMMITMENT, ADDITIONAL BUILDING SETBACK LINES, EASEMENTS OR RIGHTS -OF -WAY MAY APPLY - SUBJECT TO ZONING AND BUILDING ORDINANCES ENFORCED BY LOCAL MUNICIPALTOES - PAGE 1 OF 2 LEGAL DESCRIPTION A 1.000 ACRE (43,560 SQ. FOOT) TRACT OF LAND, BEING A PORTION OF THE RIGHT-OF-WAY OF NORTH IOWA STREET AND NORTH E STREET,LYING IMMEDIATELY ADJACENT TO AND ADJOINING THE PLAT OF CLIFFORD HALL ENTERPRISES SUBDIVISION AS RECORDED IN FILM CODE NUMBER 672043, MAP RECORDS OF HARRIS COUNTY,TEXAS, SAID RIGHT OF WAYS AS PREVIUSLY DEDICATED AND SHOWN ON THE MAP OF THE CITY OF LA PORTE, IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 8, PAGE 16, OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS, SAID 1.000 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ATTACHED; CLIENT THIND PROPERTY OF LA PORTE,LLC ADDRESS NORTH IOWA STREET NORTH E STREET I DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON (OR ON ATTACHED SHEET), AND THERE ARE NO ENCROACHMENTS EXCEPT AS SHOWN, AND WAS DONE BY ME OR UNDER MY SUPERVISION. JOB # 2508168 DATE 10-9-2025 GF# N /A PRO—SIJ RV P.O. PDX 1366, FRIENDSWOOD,TX 77549 PHONE: 281-996-1113, FAX: 281-996-0112 EMAIL: orders@prosuvvnt TP.P.E.LS. FIRM 4101.19500 ONLY SURVEY MAPS WITH THE SURVEYOR'S ORIGINAL SIGNATURE ARE GENUINE TRUE ANT CORRECT COPIES OF THE SURVEYOR'S ORIGINAL WORK AND OPINION 00025 PRO-SURV ALL RIGHTS RESERVED