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Home My WebLink AboutO-2013-3496 closing the alley in Block 76ORDINANCE NO. 2013- -? & AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 76, BAY FRONT TO LA PORTE, HARRIS COUNTY, TEXAS; RETAINING A PUBLIC UTILITY EASEMENT, AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of all of the property abutting the hereinafter described portion of the alley in Block 76, Bay Front to La Porte, to vacate, abandon, and permanently close the hereinafter described portion of the alley in Block 76, Bay Front to La Porte, and, WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described portion of the alley in Block 76, Bay Front to La Porte, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described portion of the alley in Block 76, Bay Front to La Porte, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the alley in Block 76, Bay Front to La Porte, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described portion of the alley in Block 76, Bay Front to La Porte, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: A 0.018 ACRE TRACT (800 SQUARE FEET) TRACT OF LAND, BEING THAT PORTION OF THE ALLEY IN BLOCK 76, BAY FRONT TO LA PORTE, SITUATED BETWEEN LOTS 9 & 10 AND LOTS 31 & 32 OF SAID BLOCK AND BEING GENERALLY ILLUSTRATED ON EXHIBIT "A", ATTACHED HERETO, AND FURTHER DESCRIBED BY METES & BOUNDS AS FOLLOWS: IRA BEGINNING at the northeasterly corner of Lot 9, Block 76, Bay Front to La Porte; THENCE in a northeasterly direction, across the 16 -foot wide alley of said block, a distance of 16 feet to a point at the northwesterly corner of Lot 32; THENCE in a southeasterly direction, along the westerly line of Lots 31 & 32, a distance of 50 feet to a point at the southwesterly corner of Lot 32, Bay Front to La Porte; THENCE in an southwesterly direction, across said 16 -foot wide alley of said block, a distance of 16 feet to a point at the southeasterly corner of Lot 10, Bay Front to La Porte; THENCE in a northwesterly direction along the easterly line of Lots 9 & 10, a distance of 50 feet to the POINT of BEGINNING of the herein described tract containing 0.018 acres of land (800 square feet). Section 2. The City of La Porte hereby retains for itself, its successors and assigns, and its franchised public utilities, a sixteen (16) foot wide Public Utility Easement within the area of the above-described tract. Section 3. 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 4. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED THIS Q� DAY OF 2013. By: ATTEST: ff miff Patrice Fogarty, City'd�� APPROVED: Knox W. Askins, City Attorney A oc EXHIBIT "A" TO ORDINANCE �� NOT TO SGGE III 113 117 126 1a% iii PROPOSED ALLEY CLOSING & PUBLIC UTILITY EASEMENT IN BLOCK 76, BAY FRONT TO LA PORTE (16'x 50'= 800 SQ. FT.) m MORGAN'S POINT pm 3ti1 Legend � DOUG McKIE PROPERTY 304�`� I T� LA PORTE CITY LIMITS PUBLIC UTILITY EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS That DOUGLAS ROY McKIE ("Grantor"), for and in consideration of Ten and no/100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF LA PORTE ("Grantee"), a Municipal Corporation, the receipt and sufficiency of which is hereby acknowledged and confessed, have this day GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents do GRANT, SELL AND CONVEY unto said GRANTEE, and to its successors and assigns, and its franchised public utilities, the perpetual right, privilege and easement, with appropriate rights of ingress and reasonable working area for construction and maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace, repair and remove PUBLIC UTILITIES together with all necessary appurtenances, over, across, through and under that certain tract or parcel of land lying and being situated in Harris County, Texas and being more particularly described on Exhibits "A" & "B" attached hereto and made a part hereof for all purposes. TO HAVE AND TO HOLD the herein described Public Utility Easement, together with all and singular the rights and appurtenances thereto in anywise belonging unto said GRANTEE, and its successors or assigns, in accordance with the terms and conditions hereinabove set forth. The GRANTOR does hereby bind itself, its successors or assigns to WARRANT AND FOREVER DEFEND, all and singular the said easement unto the GRANTEE, its successors or assigns, and its franchised utilities, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS THE EXECUTION HEREOF on this the /*5 day of, 2013. BY:�---- Douglas Roy McKie This instrument was acknowledged before me on the tL day of`-- 'If - by Ir ; J Jlf f_ -I . t -- Notary Public, State of Texas Mailing Address of Grantee City of La Porte �Fn 604 West Fairmont Parkway my coa�irOMTT >ra La Porte, Texas 77571 �, 10, 2016 EXHIBIT "A" A 0.018 ACRE TRACT (800 SQUARE FEET) BEING THAT PORTION OF THE ALLEY IN BLOCK 76, BAY FRONT TO LA PORTE, SITUATED BETWEEN LOTS 9 & 10 AND 31 & 32 OF SAID BLOCK AND BEING GENERALLY ILLUSTRATED ON EXHIBIT "B", ATTACHED HERETO, AND FURTHER DESCRIBED BY METES & BOUNDS AS FOLLOWS: BEGINNING at the northeasterly corner of Lot 9, Block 76, Bay Front to La Porte; THENCE in a northeasterly direction, across the 16 -foot wide alley of said block, a distance of 16 feet to a point at the northwesterly corner of Lot 32; THENCE in a southeasterly direction, along the westerly line of Lots 31 & 32, a distance of 50 feet to a point at the southwesterly corner of Lot 32, Bayfront to La Porte; THENCE in a southwesterly direction, across said 16 -foot wide alley of said block, a distance of 16 feet to a point at the southeasterly corner of Lot 10, Bay Front to La Porte; THENCE in a northwesterly direction along the easterly line of Lots 9 & 10, a distance of SO feet to the POINT of BEGINNING of the herein described tract containing 0.018 acres of land (800 square feet). f EXHIBIT "B" w ` TO PUBLIC UTILITY EASEMENT 1r6a1ocf2 111 113 1 117 PUBLIC UTILITY 121 EASEMENT y f� MORGAN'S POINT �•'" ' 241 242, �a 225 LG3 \\ 1 2'0' 222 �' 231 4, 221 237 ' 301 Legend =,d Y DOUG MCKIE PROPERTY � G 1 LA PORTE CITY LIMITS 341 FRLPARLU BY CLP GIS UIVINUN