HomeMy WebLinkAboutO-2014-3517 closing west 110' of alley, Block 47, La Porte; retaining 16 foot wide public utility easement within the area to be closedl
ORDINANCE NO. 2014
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK
47, LA PORTE; RETAINING A 16' WIDE 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 the property abutting the hereinafter described alley in Block 47, 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 alley in Block 47, La Porte is not suitable,
needed, or beneficial to the public as a public road, street, or alley, and the closing of
hereinafter described alley in Block 47, La Porte is for the protection of the public and for the
public interest and benefit, and that the hereinafter described alley in Block 47, 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 alley in Block 47, La Porte is hereby permanently vacated, abandoned, and closed by
the City of La Porte, being generally illustrated on Exhibit "A" incorporated herein, and further
described to wit:
BEGINNING at the southwest corner of Lot 6, Block 47, La Porte, said
point being located at the intersection of the east/west alley in Block 47, La
Porte and the east line of the South 11th Street Right -of -Way (60' wide);
THENCE in an easterly direction along the north line of the east/west
alley in Block 47, La Porte, a distance of 110 feet to a point marking the
northeast corner of the herein described tract;
2
THENCE in a southerly direction across the 16 foot wide east/west alley in
Block 47, La Porte, a distance of 16 feet to a point on the south line of the
east/west alley in Block 47, La Porte, and marking the southeast corner of the
herein described tract;
THENCE in a westerly direction, along the south line of the east/west
alley in Block 47, La Porte, a distance of 110 feet, said point being located on the
east line of the South 11th Street Right -of -Way, marking the southwest corner of
the herein described tract;
THENCE in a northerly direction along the projected east line of the South
11th Street Right -of -Way to the POINT OF BEGINNING of the herein described
tract containing 1,760 square feet.
Section 2. The City of La Porte hereby retains for itself and its successors and assigns, a
sixteen (16) foot wide Public Utility Easement within the entire area of the above-described 16
(16) foot wide alley to be closed by this ordinance.
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.
1
PASSED AND APPROVED THIS /11 DAY OF 2014.
By:
ATTEST:
Patrice Fogarty, City retary
APPROVED:
r
Knox W. Askins, City Attorney
PROPOSED CLOSING OF
ALLEY IN BLOCK 47, LP &
PUBLIC UTILITY EASEMENT
DEDICATION
(16'x 110'= 1,760 s. f.)
NOT TO SCALE
S
N
Z
MAIN
Legend
ABANDONED R -O -W
PARCEL
N
Z
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF HARRIS
That LA PORTE PLAZA, LP ("Grantor"), for and in consideration to 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 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 A 2" POTABLE WATER LINE AND 4" SANITARY SEWER LINE
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 above described 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, against every
person whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS THE EXECUTION HEREOF on this the /X day o Z ; 2Q14.
M
Grantor or
This instrument was acknowledged before me on the 15H`day of ri ( , 2014
by4�
Mailing Address of Grantee
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Notary Public, State of T s
�tMy
MELANIE A JOHNSON
My Commission Expires
re O"F October 11. 2015
EXHIBIT "A"
(16' Public Utility Easement in Block 47, Town of La Porte)
Being a 0.040 acre tract of land (1,760 square feet) situated in Block 47,
Town of La Porte, Harris County, Texas, and being more particularly
described by metes & bounds as follows;
BEGINNING at the southwest corner of Lot 6, Block 47, La Porte,
said point being located at the intersection of the east/west alley in Block
47, La Porte and the east line of the South 11th Street Right -of -Way (60'
wide);
THENCE in an easterly direction along the north line of the
east/west alley in Block 47, La Porte, a distance of 110 feet to a point
marking the northeast corner of the herein described tract;
THENCE in a southerly direction across the 16 foot wide east/west
alley in Block 47, La Porte, a distance of 16 feet to a point on the south
line of the east/west alley in Block 47, La Porte, and marking the
southeast corner of the herein described tract;
THENCE in a westerly direction, along the south line of the
east/west alley in Block 47, La Porte, a distance of 110 feet, said point
being located on the east line of the South 11th Street Right -of -Way,
marking the southwest corner of the herein described tract;
THENCE in a northerly direction along the projected east line of
the South 11th Street Right -of -Way to the POINT OF BEGINNING of the
herein described tract containing 1,760 square feet.
EXHIBIT "B"
H
co
x
r
MAIN ST
W A- ST --A ,
r E)
NOT TO SCALE
x
N
Z
m co
v et
x x
U) to
v� in
Legend
ABANDONED R -O -W
PARCEL