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HomeMy WebLinkAboutO-2014-3535 close northernmost 159' of alley,Block 715, La Porte; retaining 16' foot wide utility easementORDINANCE NO. 2014- . AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 715, 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 715, 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 715, 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 715, La Porte is for the protection of the public and for the public interest and benefit, and that the hereinafter described alley in Block 715, 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 715, 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 northwest corner of Lot 30, Block 715, La Porte, said point being located on the south right-of-way line of West Polk Street (60' wide); THENCE in a westerly direction, a distance of 16 feet along the south line of West Polk St. (60' wide) to a point at the northeast corner of Lot 1, Block 715, La Porte; THENCE in a southerly direction along the east line of Lots 1 through 6, Block 715, La Porte, a distance of 159 feet to the southeast corner of Lot 6, Block 715, La Porte; THENCE in an easterly direction, crossing the alley in Block 715, La Porte, a distance of 16 feet to a point at the southwest corner of Lot 25, Block 715, La Porte; THENCE in a northerly direction along the west line of Lots 25 through 30, Block 715, La Porte, a distance of 159 feet to the POINT OF BEGINNING of the herein described tract containing 2,544 square feet. 2 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. PASSED AND APPROVED THIS DAY OF 2014. By: ATTEST: Patrice Fogarty, City Secretary APPROVED: C� Knox W. Askins, City Attorney 4 PUBLIC UTILITY EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS That ONYX PROPERTIES, LLP ("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 6" 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 day ofj,� U) 2014. BY: rantor or Auth pd Repiesentative This instrument was acknowledged before me on the 1V1* day of , 2014 by WIS Pu , State o Texas Mailing Address of Grantee City of La Porte 604 West Fairmont Parkway ANNALUISA DIAZ Texas 77571 My Commission Expires La Porte, T April 10, 2016 EXHIBIT "A" (16' Public Utility Easement in Block 327, Town of La Porte) Being a 0.058 acre tract of land (2,544 square feet) situated in Block 715, Town of La Porte, Harris County, Texas, and being more particularly described by metes & bounds as follows; BEGINNING at the northwest corner of Lot 30, Block 715, La Porte, said point being located on the south right-of-way line of West Polk Street (60' wide); THENCE in an westerly direction, a distance of 16 feet along the south line of West Polk St. (60' wide) to a point at the northeast corner of Lot 1, Block 715, La Porte; THENCE in a southerly direction along the east line of Lots 1 through 6, Block 715, La Porte, a distance of 159 feet to the southeast corner of Lot 6, Block 715, La Porte; THENCE in an easterly direction,, crossing the alley in Block 715, La Porte, a distance of 16 feet to a point at the southwest corner of Lot 25, Block 715, La Porte; THENCE in a northerly direction along the west line of Lots 25 through 30, Block 715, LaPorte, a distance of 159 feet to the POINT OF BEGINNING of the herein described tract containing. 2,544 square feet. i EXHIBIT'S" X jNor ro S e i 96' WIDE PUBLIC / UTILITYEASEMENT MM®I�Mm�=l