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HomeMy WebLinkAboutO-1975-1018 . . ORDINANCE NO. 101S .' AN ORDINANCE MAKING CERTAIN FINDINGS CONCERNING CERTAIN LANDS DESCRIBED IN SAID ORDINANCE; DETERMINING THAT SUCH LANDS ARE NEEDED FOR PUBLIC USE FOR STREET, ROAD AND HIGHWAY PURPOSES FOR THE CONSTRUCTION OF A GRADE SEPARATION AT THE INTERSECTION OF SPENCER HIGHWAY AND THE SOUTHERN PACIFIC TRANSPORTATION COMPANY'S RAILROAD TRACKS WITHIN THE CITY OF LA PORTE; EMPLOY- ING AND AUTHORIZING WILLIAM V. BALLEW, JR., AS SPECIAL COUNSEL FOR THE CITY OF LA PORTE TO BRING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE SUCH LANDS; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Commission of the City of La Porte now finds and determines that public convenience and necessity require that the City of La Porte acquire the following described interest in the following described tracts or parcels of land: .. - . .1". Ordinance Notlloia, Page 2. e Tract 4 (Bayshore Savings Association) . Lot 16, Block 715, Townsite, of La Porte in Johnson Hunter Survey, A-35, Harris County, Texas containing 1,004 square feet Oeing a tract or parcp.l of land containing 0.0386 acre (1,6no square fret) out'of lot 16, Block 715. Townsite of La Porte, as recorded in VnlullIC SR, r;I~le 462, lIarris County Deed Records, in the Johnson lIunter Survey, A-35, lIill"ris Count.y, Texas and beil19 out of sallie Lot 16 convr.yed from La Porte Land Company, 1,'Texas cOI"PQralion, to Bayshorp. SllVincjs and LOilll Association by insl:t"ul1lcnt of n~conl ill "atTis County Cler:k's File. No. 0-493872, and being more particularly'described by metes and bounds as f 011 o\'/s : I3EGIIINING at the southeast corner of the tract het"ein described, samc being point of intersection ,of north ri~lhl-of-\'I(tY line of present Spencer Hi91l\'IilY (100 'feet \'Jide) and the east line of said Lot 16, Block 715, and being the.nodhr.ast COI"l1("" of a 7.50 foot strip of land conveyed from Myrtle Mitchell and La Porte Land COIll\l"ny to lIarris County by instrulllent of record in Harris County Clerk's File, No. D-!.iOIl950, (t'nd illso .ing located North 7.50 feet from original southeast corner of said. Lot 16, Block 715; TllfNCE WEST, a distance of 25.00 feet along said present north right-nf-wilY line of Spencer lligh\'Iay to a point for COI"ner in west 1 ine of'said Lot 16, Block 715; THEUCE ~Iornll, a distancc o~ 69.33 feet along said west line of Lot 16 to a point for corne~ on the arc of a cur~(; '.THENCE, 25.38 feet (l10ng t.he ilrc of a cut"ve to the '"i9hl:, twvina a chord wId.::, br.ill"S S fiOo05'1711 E, a chord length of 25.38 feet, a radius of"1191.92 feet, alld a .clltrll1 'i1rlale of 01013112", to a po' nt for corner, in east line of said Lot 16, Glock .715; . 11101(E SOUTH, a distilncr. of 61l.96 feet along said east line of Lot 16 to the ,OINT or BEGINNING and containing 0.0386 acre (1,680 square feet) of land. - . .t Ordinance NO.enS., Page 3. .. Tract.5 (Eli Mitchell) Lot 17, Block 715, Townsite of La Porte. in Joh~son Hunter survey, A-35, Harris County, Texas, containing 1,564 Square Feet . n~in~ a tract or parcel of land containing 0.0359 acre (1,564 square feet) out of Lot 17, Block 715, TO'.'lnsite ,of La Porte, as recorded in VolulIle 58; Page ~62, Har:ris County Deed P.r:col"ds, in the Johnson "unter Survey, ^-35, Harri s County, Texas and hei ng out of Si.III1(! Lot 17 conveyed from Nyrtle ~1itchell to Eli l'litchell by instrument of ' ,record , in VolulilP 5G?0, Page '15, lIarris County Deed. Records, and being mOl"e particularly described by metes ilIld bounds as fall ow's: p'E(~JlINJl.!r. il.t th(~ southeast corner of the tract herein described, same being point of Atel'spct'j on of north ri ght-of-\'/ClY 1 i ne of present Spencer Hi gh\'IaY (100 fee t wi de) and ~e east line of suic! Lot 17, nlock 715, and being the northeast .comer of a 7.50 foot stdp of land conveyed from El i t'litchell to Harris County by instrument of record in lIilrr'is County 'Clerk1s File, No. 0-280583, and also being located North 7.50 feet from original southeast corner of said ~ot 17, Block 715; TIIEIlCE \'!l:ST, a distance of 25.00 feet along said present north right-of-way line of Spencer 11ighway to a point for corner in west line of said Lot 17, Block 715; THENCE l'iOIHH, a distance of 64.96 feet along said west line of Lot 17 to a point for cOl'n.::r on the arc of a curve; llIEI{CE ~!:.i..18 feei, '!long the arc of a curve to tl~e right, having .a chord which bears s 7B~51 'SG11 E, a =.10rd Jength of 25.48 feet, a radius of 1191.92 feet, and a central anulc of Olo1312~", to a point for corner, in east line of said Lot 1.1, B'lock 715; . " TIlENCE SOl/TIl, a di ;tance of 60.04 feet along said east line of Lot 17 to the PO,lNT OF BECiIlHHIIG and co::tJining 0.0359 acre (1,564 square feet) of land. e . " Ordinance NO.~Ol8, Page 4. e ",. Tract 6 (Eli Mitchell and Earnest Mitchell, Independent Executors of the Estate of Cornelius Mitchell, Sr., deceased) . Lots 18-20, Block 715 T.ownsite of La Porte in Johnson Hunter Survey, A-35 Harris County, Texas, contain- ing 4,315 Square feet Being a tra~t or parcel of land con~a1ning 0.0991 acre (4,315 square feet) out of lots 18, 19 anu 20, Block 715, Townsite of La Porte, as recorded in Volullle:! 58, f'd~Jr~ 462, Harris County Deed Records, in the Johnson Hunter Survey, A-35, lIarris County, Texas and being out of those same Lots 18, 19 and 20, conveyed from Charle5 F. Norris and ''life, Lucy r.1yrt1e Norris to Cornelius Mitchell by instrulllent of record in Volume 2030, Page 43, Harris County Deed Records, and being out of that same property \'/i 11 ed by Corne 1 ius Mitche 1'1, Sr. to Ea.rnes t Mi tche 11, et a 1 by ins trulOen t of ' record, Volume 8338, Page 79, Harris County Deed Records, and being more particularly describ'ed by metes and bounds as follows: .INNING ilt the southeast corner of the tract here.in described, same 'being point of inter.secti 011 of north ri ght-of-way 1 i ne of present Spencer Hi 91l\'/ay (loa feet \-Ii de) .and west right-of-way line of 17th Street (60 feet wide) and being the northeast corner of a 7.50 foot str'ip of liAnd conveyed from E1 i Mitchell and Earnest ~1itchell, executors of estate of Cornelius I~itchell, Sr., ~eceased, to Harris County by instrument of record in Harris .County Clerk1s File, No. D-280581, and ~lso being 10cated,North 7.50 feet frolll' original southeast. corner of said Lot 20, Block 715; . . . . . . , , . THENCE WEST, a '.di j tance' 'of 83..00 "feet 'a,long' said. preser-t nort,h' dght-of-way 1 i ne of Spencer High\'JaY t;.j a 'point' for corner in west line of said Lot .l8, Block 715; .THENCE NORTII, a d stance ,of 60.04 f.eet along said west line of Lot 18 to a point for corner on the arc of a curve; . THENCE 5.27 feet, long the arc of a curve to the right, Ilaving a chord 'which bears S 780.0713511 [, il. chord length of 5.27 feet, a radius of 1191.92 feet, and ,a central angle of 00015'11", t~ a point Jar corner, the point of tangency; TIlENCE S 7900910!,'1 E, a' distance of 79.26 feet to a point for ~orner' in, said \'Jest .t-of-way line of 17th Street and in the ea~t line of silid Lot, 20, Block 715; THENCE SOUTH, a distance of 44.03 feet along said west right-of-\'IaY line of 17th Strpet ,.and said east line of Lot 20, Block 715 to the POINT OF BEGINNING and cORtaining 0.0991 acre (~,31~ square feet) of land. . Ordinance N~~018, Page 5. . . Tract 7 (Ella M. Bernard, individually and as Administratrix of .the Estate of Morris Bernard, Sr., Deceased, William J. Bernard, Mrs. Dorothy Mae Dawson, Morris Bernard, Efrorn Bernard, Felton Bernard, Nelson Bernard, Mrs. Pauline Jennett Simpson and the Estate of, Ernest Bernard, Deceased) Lots 11, 12, 13, 14 &.15, B10c~ 716 Townsite of La Porte in Johnson Hunter Survey, A-35 Harris County, Texas, contain- ing 2,781 Square Feet Being a tract or parcel of land containing 0.0638 acre (2,781 square feet) out of Lots 11, 12, 13, 14 and 15, Block 716, Townsite of La Porte, as recorded in Volume 58, Page 462, Harris County Deed Records, in the Johnson Hunter Survey, A-35, Harris County, Texas and being out of those same Lots 11, 12, 13, 14 and 15, Block 716 .'Dnveyed from Mrs. George Adam Carlisle and husband, Howard B. Carlisle to Morris rnard and wife, Ella Bernard, by instrument of record, Volume 1587, Page 111, Harris County Deed Records, and being more particularly described by metes and bounds as .fo 11 ows : BEGINNING at the southwest corner of the tract herein described, same being point of intersection of north right-of-way line of present Spencer Highway (100 feet wide) and east right-of-way line of 17th Street (60 feet wide) and being the northwest corner of a 7.50 foot strip of land conveyed from Ella M. Bernard to Harris County . by instrument of record in Harris County Clerk's File, No. 0-392057, and also being located North 7.50 feet from original southwest corner of Lot 11, Block 716; THENCE NORTH, a distance of 32.54 feet along said east right-of-way line of 17th Street and east line of said Lot 11~ Block 716 to a point for corner; " THENCE S 79009~04" E, a distance of 35.36 feet to a point for corner, the be~i1ning of a curve; . " THENCE, 99.34 feet along the ~rc of a curve to the left, having a chord which I ears S 81042131" E, a chord lengtn of 99.31. feet, a radius of 1111.92 feet, and a (~ntral ~91e of 05007'09", to a paint for corner in west line of said Lot 15, Block i16; IHENCE SOUTH, a distance of 11.56 feet along said west line of Lot 15 to a point for corner in said north right-of-way line of present Spencer' Highway; THENCE WEST, a distance of 133.00 feet 'along said north right-of-way lint! of present Spencer Highway to the POINT OF BEGINNING and containing 0.0638 acre (2,/81 square feet) of land. . e e Ordinance No. 1018, P~ge 6. 1ract 8 (McKey Construction'and Equipment Rentals, ,Inc.) . Lots 16, 17, 18, 19 & 20, Block 716 Townsite of La Porte in Johnson Hunter Survey, A-35 Harris County~ Texas, containing 1,004 Square Feet Being ~ tract or parcel of land containiDg 0.0230 acre (1,004 'square feet) out of Lots 16, 17, 18, 19 and 20, Block 716, Townsite of La Porte, as recorded in Volume 58, Page 462, Harris County Deed Records, in the Johnson Hunter Survey, A-35, Harris County, 'Texas and being out of those same Lots 16, 17, 18, 19 and 20 conveyed from George Connolly to McKey Construction and Equipment Rentals, Inc., a Texas corporation, by instrument of record, Volume 7075, Page 216, Harris County Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of the tract herein de'scribed, same being point of .ters~ction of north right-of-way line of present Spencer High\oJay (100 feet wide) a west right-of-way line of 16th Street (60 feet wide) and being the northeast corner of a 7.50 foot strip of land conveyed from 1\1cKey Construction and Equipment Rentals, Inc., et al to Harris County by instrument of record in Harris County Clerk1s File, No. 0-486137, and also being located North 7:50 feet from original southeast corner of said Lo~ 20, Block 716; THENCE WEST, a distance of ~?3.00 feet along said present north right-of-way line of Spencer Highway to a point f r corner in west line of said Lot .16, Block 716; THENCE NORTH, a distance of 11.56 feet along said west line of Lot 16, to a ~J'nt for corner on the arc of a curve; THENCE 111.24 feet along thE arc 6f a curve to the left, having a chord whic~ 'Iears S 8700810311 E, a chord length of 111.19 feet, a radius of 1111.92 feet, and, 'entral angle of 05043155", to a point for corner, the point of tangency; THENCE EAST, a distance of 21.95 feet to a point for corner in said west right-of-way line of 16th Street and in the east line of said ~ot 20, Block 716; , .NCE SOUTH, a .distance of 6.00 feet along said west right-of-way Hne cf 16th Street , said east line of Lot 20, to the POINT OF BEGINNING and containing 0.0230 acre (1,004 square feet) of land. . ,.- . - Ordinance No. 1018, 'Page 7. Tract 12 (McKey Construction and Equipment Rentals, Inc.) . Lots 3, 4, 5 & 6, Block 725 Townsite of La Porte ,in . Johnson Hunter survey, A-35 Harris County, Texas, contain- ing 2,181 square feet Being a tract or parcel of land containing 0.0501 acre (2,181 square feet) out of Lots 3, 4, 5 and 6, Block 725, Townsite of La Porte, as recorded in Volume 58, Page 462, ,Harris County Deed Records, in the Johnson Hunter Survey, A-35, Harris County, Texas and being out of those same Lots 3, 4, 5 and 6, Block 725, conveyed from L. H. ~1cKey and wife, Betty McKey, to McKey Construction and Equipment Rentals, Inc.', a Texas corporation, by instrument of record, Volume 7255, Page 161, Harris County Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of the tract herein described, same being point of intersection of the south right-of-way line of present Spencer Highway (100 feet wide) _and west line of Lot 6, Block 725, and being the southwest corher of a 7.50 foot "'trip of land conveyed from McKey Construction and Equipment Rentals, Inc., et al ~ Harris County by instrument of record in Harris County Clerk's File, No. D-4861'37, and also being located South 7.50 feet from original northwest corner of Lot 6, Block 725; THENCE EAST, a distance of 100.00 feet along said south right-of-way line of lJresent Spencer Highway to a point for corner in east line of said Lot 3, Block 725; THENCE SOUTH, a distance of 18.63 feet along said east line of Lot 3 to a p~i ,t for corner on the arc.or a curve; THENCE 100.34 feet along the. arc 'of a curve to the left, having a chord which bears S 85029'3411 W, a chord length of 100.31 feet, a radius of 1111.92 feet, and a central angle of 05010'1411s to a point for corner in said west line of Lot 6, Block ;25; THENCE NORTH, a distance of 26.51 feet along said west line of Lot 6 to the POINT OF BEGINNING and containing 0.0501 acre (2,181 square feet) of l~nd. ' e . .', . e Ordinance No. 1018, Page 8. Tract 11 (Mrs. Marguerite J. Tinkler, L. o. Weison, Jr. and Allen Weison) . Lots 1 & 2, Block 725 Townsite of La Porte in Johnson Hunter Survey, A-35 Harris County, Texas, contain- ing 1,052 square feet Being a tract or parcel of land containfng 0.0241 acre '(1,052 square fcet)'out of lots 1 and 2, Block 725, Townsite of La Porte, as recorded in Volume 5U, Page 462, Harris County Deed Records, in the Johnson Hunter Survey, A-35, Harris County, Texas, and being out of those same Lots 1 and 2, Bl~ck 725, conveyed to Marguerite J. Tinkler (1/3 interest) in Volume 7893, Page 287, to Lester O. Weison, Jr. (1/3 interest) in Volume 5134, Page 257, and to Allen Weison (1/3 interest) in Volume 4638, Page 105, Volume 5061, Page 222, and Volume 4745, Page 40, all instruments of record in Harris County Deed Records, and being more particularly described by metes and bounds as follows: . ~. . . " '.~INNING at the northeast corner of the tract herei n descri bed, same bei ng poi nt of .tersection of the south right-of-way line of present Sp'encer Highway .(100 feet wide) and the west right-of-way line of 16th Street (60 feet wide) and being the southeast corner of a 7.50 foot strip of land conveyd from Lester O. Weison, Jr., Allen Weison, Marguerite' J. Tinkler, et al 'to Harris County by instrument of record in Harris County Clerk's File, No. 0-462323, and also being located South '7.50 feet from original northeast corner of Lot 1, Block 725; , THENCE SOUTH, a d';stance of 18.00 feet along said \'/est l~io.Jht-of-\'1ay line of 16th Street to a point for cOIner; . TIiENCE WEST, ad:! tance of 20.71 feet to a point for corner, the beginning of a curve; THENCE 37.30 feet along the arc of a curve to the left, h~ving a chord which bears S 89002121" W, a ('lord length of 37.30 feet, a radius of.l111.92 feet, and a centru1 angle.of 01055'20:', to,a point for corner in the west line of said Lot 2, Block 725; TJlENCE,NORTH" a 'distance of 18.63 feet along said west line of Lot 2 to a' point for COl~ller in said south right-of-way line of present Spencer Highway; . ~CE EAST, a distance of 58.00 feet along said south right-of-way line of present Spencer ~ to the POINT OF BEGINNING and containing 0.~24l acre (1,052 square feet) ,of 1und. . ..- Ordinance No ~ 018', Page 9. e Tract 13 (Billy R. Shepherd) '. Lots 7 & 8, Block 725 Townsite of La Porte in Johnson H~nter Survey, A-35 Harris County, Texas, contain- ing 1,500 square feet Being a. tract or parcel of land containing 0.0344 acre (i,~OO square feet) out of Lots 7 and 8, Block 725, Townsite of La Porte, as recorded in Volume 58, Page 462, Harris County Deed Records, in the Johnson Hunter Survey, A-35, Harris County, Texas and being out of those sa~e Lots 7 and 8, Block 725, conveyed from Robert E. Clendening and wife, Lula Irene'Clendening, to Billy r~. Shepherd by instrument of record in Harris County Clerk's File, No.. D-941414, and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of the tract herein described, same being point of intersection of ,the south right-of-way line of ~rese~t Spencer Highway (100 feet wide) ~~d west line of Lot 8, Block 725, and being the' southwest corner of a, 7.50 foot strip 11and conveyed from Robert E. Clendening and wife, Lula Irene Clendening, to Harris , unty by instrument of record in Harris County Clerk's File, No. D-265190, and also ,being located South 7.50 feet fr'C?~ origjnal northwest corner of Lot 8, Block 725;' THENCE EAST, a distance of 50.00 feet along said south right-of-way'line of present Spencer Highway to a point for corner 'in east line of said Lot 7, Block 725; tHENCE SOUTH, a distance of 26.51 feet along said east 1 ne of Lot, 7 to a point for .comer on the arr. of a curve; . THENCE 50.55 feet along the arc o'f a curve to the left, having a chord \'"hich bears S 81036'18'1 W, a chord length of 50.54 feet, a radius of 1111.92 feet, and a central angle of 02036115", to a point for ,corner in said west l~ne of Lot 8, Block 725; THENCE NORTH, a ~istance of 33.89 feet along said west line'of Lot 8 to the POINT OF BEGINNING and containing 0.0344 acre (1,500 square feet) of land. '. . .- e .e Ordinance No. 1018, Page 10. Tract 14 (D.C. Allen and wife, Juanita Allen) -- Lots 9 & 10, Block 725 Townsite of La Porte in Johnston Hunter Survey,' A-35 Harris County, Texas, contain- ing 2,266 square feet . ,~,."!;( B'eing a tract, or parcel of land 'conta1.ning 0.0520' acre " (2.26G square feet) out of '.:.,}j: Lots 9 and 10. Block 725. Townsite of La Porte~I'as recorded in ,Volume !jr.. Pil9C ,!.,;,. '~'; . 462,. Harris County Deed Records, 'n t~.e,~ohnson"~unter Survey, A-35, Harris County. : ';.~~~-:."':.~ Texas and being out of those same lots 9 and 10., Block 725, conveyed from 11innie Schorr ',' '~, I to Robert E. Jenkins by instrument of.. record ,in Harris County Clp.rk's File, No. ,:~~;l"~ D~956661. and being inore parti,~,~J.~rli)l.:~es~ribe~.j.~Y metes and bounds as follows: "'::'~":;';I~. . . ,', ' . ': . I .::\ BEGINNING at'the northwes't corner of the :tract herein described, same being the point ~ of intersection of the south right-of-way"line of present Spencer Highway (lOO feet wide) and east line of 17th Street (60 feet wide) and being the southwest corner of a '7..50 foot stri.p of land conveyed from Minnie Schorr to Harris County by instrument ~ecord in Harris County Clerk's File. No. 0-:-252228, and also being located South ~ f~et from orignal northwest corner of Lot ,lO, Block 725; J .' THENCE EAST, a distance of 58~od fe~t alon~'said'south right-of-way line of preseni Spencer Highway to a point for corner 1.neas~ line of said Lot 9. Block 725. ." ."'. . THENCE SOUTH, a distance of 33~89,' feet; along sa1~.,east line of Lot 9 to a point. for corner on the arc of a curve. "j '.' ; , ':.'1: ,',,:'," "" . ' , , . " , ' .:: . '., . . .!,,' . ::":, . ' .THENCE 10.15 feet along the arc. of a curve: to tJe lcft~ having a chord which bears S 80002'29" ~1, a chord length of 10.15,feet, a !'adius of 1111.92 feet. and a central angle of 00031 '2211, to a point,.fo~ corOf~r:', the ~~int of tangency, ' . . I.' " . . :' I. . THENCE S 79047'14" W. a di.stance 'of 48~'18'feet t~' a point for ,corner in said east line of 17th Street and in west line of said,'~dt~10. Block 725;: . ,. '! " "II~I,~~r;.1 . ~. ~., I . THENCE NORTH. a distwnce of 44.2~,reet'~10ng"~a1d eait.line of 17th Street and said west line of Lot 10 to. the POINr.,OrBE,~INt(~~G'~a.r;~~'i!conta1ning'O.0520 acre (2.266 square feet) of land. ,. I ' .. ;1 ~ll {po """;,.' :;..}-,. :\:ii I..., ;.;" ;;/1", :.f.".:':;. . .... '1' I , ... 1'1 tI. ! ".. . \' III'. ,.... . . . I \'t-. 1 '\1 . I' ..~ "i',' " .' \~,l ~I"':'~" ,~., ~': '. ; "J:.",,'; . .' I ;' I ': I . .J'. '\ '., \:':",'f I' ~"'. .., >.1 '",.( . .' r :.t " . . .' " '. !~.'L.11,-f~:"'1 ,II..{. :'.4~.lf..~t' ;:', .'.... ," ..'.".. . I; . ~, .. p. '. ",..,,1 ..' . .. I . " : e e. Ordinance No. 1018, Page 11. Tract 15 (Morris:Berncu:d and wife, Leezena Bernard) . Lots 1, 2 & 3, Block 726 Townsite of La Porte . in ~ohnson Hunter Survey, A-35 Harris County, Texas, contain- ~ng 9,752 square feet Being a tract or parcel of land containing 0.2239 acre (9,752 square feet) out of Lots 1,2 and 3, Block 726, TO\lmsfte of La Porte, a's recorded in Volume 58, Page 462, Harris County Deed Records, in the Johnson Hunter Survey, A-35, Harris County, Texas and being out of those same Lots 1, 2 and 3, Block 726, conveyed from J. 'H. Kennedy and wife, Maria Luise Kennedy, to Morris Bernard, Jr., and wife, Leezena Bernard, by instrument of record, Volume 1395, Page 217, Harris County Deed Records, and being more particularly described by metes and bounds as follows:. . BEGINNING at the northeast corner of the tract herein described, same being point of ,intersection of south 'right-of~way line of present Spencer Highway (100 feet wide) and west right-of-way line of 17th Street (60 feet wide) and being the southeast corner of ,~ 7.50 foot strip of land conveyed from Morris Bernard, Jr. and wife, Leezena Bernard, Harris County by instrument of record in Harris County Clerk's File, No. 0-234115, nd also being located South 7.50 feet from original northeast corner of Lot 1, Block 726; THENCE SOUTH, a distance of 1.17.50 feet along said west right-of-way line of 17th Street and east line of said Lot 1, Block 726, to a point for ~0rner, the southeast corner of said Lot 1; THENCE WEST, a t.i tance of 83.00 feet along south lines .of said Lots, 1, 2 and 3, and the north line ot a 16 foot wide alley to point for cornp.r, the southwest corner of said Lot 3; THENCE NORTH, a j stance of 117.50 feet along west line of said Lot 3 to point for corner in said south riyht-of-way line of present Spencer Highway; THENCE EAST, a distance of 83.00 feet along said south right-of-way line of present Spencer Highway t,. the POINT OF BEGINNING and ,containing 0.2239 acre (9,752 square feet) of lanj. . . . e . '- Ordinance No. 1018, Page 12. .~, TRACT 17 . (Bay Plumbing and Supply Company, Inc.) Lots 8, 9 & 10, Block 726 Townsite of' La Porte in . Johnson Hunter Survey, A-35 Harris County, Texas~ containing 9,152 Square Feet . 'Being a tract or parcel ,of land containing 0.2239 acre (9,752 square'-feet-l-oLil----of'" Lots 8, 9 and 10, Block 726, Townsite of La Porte, as recorded in Volume 58, Page 462, Harris County, Deed Records" in the Johnson Hunter Survey, A-35. Harris County, Texas, and being out of those same Lots 8, 9 and 10, Block 726, conveyed from John C. McKinney and Edmond Wells and wife, E11y L. Wells, to Bay Plumbing and Supply Co., Inc., by instrument of record, Volume 7094, Page 538, Harris County Deed Records, end being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of the tract herei~ described, same being point of intersection of south right-of-way line of present Spencer Highway (100 feet wide) and east line of 18th Street (80 feet wide) and being the southwest corner of a 7.50 foot strip of land conveyed from Bay Plumbing and Supply Co., Inc., to Harris County by instrument of record in Harris County Clerk's File, No. 0-252219, and also being located South 7.50 feet from original northwest corner of Lot 10, Block 726; THENCE EAST, a distance of 83.00 feet along said south right-of-way line of present Spencer Highway to a point for corner in east line of said, Lot 8, Block 726; THENCE SOUTH, a d,stance of 117.50 feet along said east line of Lot 8 to point for corner, the south ~ast corner of s,aid Lot 8; THENCE WEST, a u~ tance of 83.00 feet along south lines of said Lots 8, 9 and 10, and north line of a 16 foot wide alley to point for corner in said east right-of-way line of 18th Stre~t and being the southwest corner of sa'd Lot 10; THENCE NORTH, a 1 stance of 117.50 feet along said east right-of-way line of 18th ~reet and west line of said Lot 10 to the POINT OF BEGINNING and containing . 'W.2239'acre (9,752'square feet) of land. . .;- e Ordinance No. 1018, Page 13. e' Tract 18 (Ted W. True and wife, Johnnie True) . 22,610 Square Feet out of Block 727 Townsite of La Porte in Richard, Pearsall 1/3 League, A-625, Harris. County, Texas Being a tract or parcel of land containing 0.5191 acre (22,610 square feet) out of Block 727, of the T. W. Lee Subdivision of Townsite of La Porte, according to the map thereof, recorded in Volume 67, ,Page 1, Harris County Deed Records, in the Richard Pearsall 1/3 League, A-625, Harris Co'unty, Texas and being out of that same Block 727 conveyed from Maurice R. O'Connor to Ted W. True and wife, Johnnie True, by instrument of record in Harris County Clerk's File, No. 0-870638, and being more particularly described by metes and bounds as follows: . BEGINNING at the northeast corner of the tract herein described, same being point of intersection of south right-of-way line of present Spencer Highway (100 feet wide) and west right-of-way line of 18th Street (80 feet wide) and being the southeast corner of a 7.50 foot strip of land conveyed from Maurice oR. O'Connor to Harris County by instrument of record in Harris County Clerk's File, No. 0-522023, and also being located Stith 7.50 feet from original northeast corner of said Block 727; THENCE SOUTH, a distance of 85.00 feet along said west right-of-way line of 18th Street and east line of said Block 727 to a point for corner; THENCE WEST, at 250.00 feet pass the east line of a 16 foot wide access easement conveyed from Joe 1 E. Cook to Ci ty of La Porte by ins trument of record., Volume 2962, Page 543, Harris County Deed Records, in all a distance of 266.00 feet to a point for corner, in the west line of said Block 727, the west line of said l6 foot access easement, and the east line of 60 foot wide right-of-way of Southern Pacific Transportation Company; THENCE NORTH, a distance of 85.00 feet along said west line of Block 727, said west line of 16 foot access easement, and, said east line of 60 foot right-of-way of Southern Pacific Trans- portation Company to a point for corner in said south right-of-way line of present Spencer Highway; THENCE EAST, at 16.00 fe~t pass said east line of 16 foot access easement, in all a distance of 266.00 fe'et to the PO'INT OF BEGINNING and con.tai,ning 0.51-91 acre (22,610 square feet) of land. . ~, .~. . .. Ordinance NO.4It018, Page 14. e . Tract 19 (Houston Lighting & Power Company) 20,216 Square Feet out of Block 728 Townsite of La Porte in Richard Pearsall 1/3 League, A-625, Harris County, Texas Being a tract or parcel of land containing 0.4641 acre (20,216 square feet) out of Block 728, of the T. W. lee Subdivi~ion ,of Townsite of la Porte, according to map thereof, recorded in Volume 67, Page 1, Harris County Deed Records, in the Richard Pearsall 1/3 League, A-625, Harris County, Texas, and being.out of that same Block 728 conveyed to 'Houston Lighting and Power Company from Clyde Kibodeaux in Volume 4292, Page 242, from Herman R. Wearing in Volume 4294, Page 251, from John Henry Wearjng in Volume 4294, Page 559, from Gladys Picard and husband, John B. Picard, in Volume 4294, Page 251, 'from Allen W. Wearing in Volume 4294, Page 245 and from Mary Lawrence and husband, William Lawrence, in VOlume 4294, Page 254, all instruments of record in Harris County Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING at the northeast corner of the tract herein described, same being point of intersection of south right-of-way line of present Spencer Highway (100 feet wide east and 114 feet wide west of this point) and the e~st line of said Block 728, , and bei ng the southeast corner of a 21.5 foot s tri p of 1 and conveyed from Houston Lighting and Power Company to Hqrris County by instrument' of record in Harris County Clerk's File, No. 0-407490, and being located South 21.5 feet from original .~rtheast corner of said Block 728, and also being in the west line of a 60 f~ot ght-of-way of the Southern Pacific Transportation Company; . , THENCE SOUTH, a distance of 76.00 feet, along said east line of Block 728 and said west line of 60 foot right-of-way line of Southern Pacific Transportation Company to a point for corner; THENCE WEST, with the following passing calls: At 30.00 feet, east right-of-way line of Harris County Flood Control District Drainage Easement (50 feet wide), Volume 2099, Page 97, Harris County Deed Records; At 80.00 feet, west right-of-way line of said Harris County Flood Control District Drainage: Easement (50 feet wide); At 112.00 feet, east right-of-.way line of Tenneco Pipe1i,ne Easement (75 feet wide), Volume 3016, Page 283, Harris County Deed Records; At 187.00 feet, .west right-of-way line of said Tenneco Pipeline Easement (75 feet wide) and east right-of-way line of..Magnolia Pipeline Easement (35 feet wide), Volume 3210, Page 636~ Harris County Deed Records; At 222.00 feet, west right-of-way line of said Magnolia Pipeline Easement; AIIt all, a distance of 266.00 feet to a point for a corner in west line of ~aid 'B10ck 728 and east right-of-way line of 20th Street (30 feet wide); THENCE NORTH, a distance of 76.00 feet along said west line of. Block 728 and said east line of 20th Street to a point for corner in said south right-of-way line of present Spencer Highway; THENCE EAST, along said south right-of-way line of present Spencer Highway, the following passing calls: ! At 44.00 feet, said west right-of-way line of Magnolia Pipeline Easement; At 79.00 feet, said east right-of-way line of Magnolia Pipeline Easement and said west right-of-way line of Tenneco Pipeline Easement; At 154.00 feet, said east right-of-way line or Tenneco Pipeline Easement; .At 186.00 feet, said west right-of-way line of Harris County Flood Control District Drainage Easement; At 236.00 feet, said east ri'ght-of-way line of Harris County Flood Control District Drainage Easement; .. .-In all, a distance of 266.00 feet to the POINT OF BEGINNING and containing 0.4641 acre ,.,20,216 square feet) of land. e e Ordinance No. 1018, Page 15. . WHEREAS, the City of La Porte, through its duly authorized representatives, has negotiated with the respective owners of said respective tracts or lands for the purchase of same for the hereinafter public purpose, and has been unable to agree with such owners as to the fair cash market value thereof and damages, if any; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE, CITY OF LA PORTE: Section 1. The City Commission of the City of La Porte now finds that bona fide negotiations have been conducted by duly authorized representatives of the City of La Porte to - acquire the following interest in the above described proper- ties, to-wit: Fee Simple Title which were not successful and have failed, and that the only way for the City to acquire said interests in said properties is through the filing of eminent domain proceedings so as to acquire said interest in said properties for the following public purpose, to-wit: Street, road and highway purposes for the construction of a grade separation at the intersection of Spencer Highway and the Southern Pacific Transportation Company's railroad . tracks located within the City of La Porte. Section 2. The City Commission of the City of La Porte does hereby employ William V. Ballew, Jr., a licensed and practicing Attorney at Law in Houston, Harris County, Texas, as Special Counsel for the City of La Porte, and authorizes him to bring eminent domain proceedings on behalf of the City of La Porte under any applicable provisions of law, whether by Title 52 of the Revised Civil Statutes or Chapter 17 of Title 28 of said Statutes, or the Home Rule Charter of the City of La Porte or any other provisions, against the following, . ...s.":;,"*,~~....,,-,,.~ #~ - ,...: };. "'" ; ? ~ c ;., ~ ~ . . . . "" e e Ordinance No. lOIS, Page 16. the owner or owners of said following respective tracts of land, to-wit: TRACT 4 Bayshore Savings Association TRACT 5 Eli Mitchell TRACT 6 Eli Mitchell and Earnest Mitchell, Independent Executors of the Estate of Cornelius Mitchell, Sr., Deceased TRACT 7 Ella M. Bernard, individually and as Administratrix of the Estate of Morris Bernard, Sr., Deceased, William J. Bernard, Mrs. Dorothy Mae Dawson, Morris Bernard, Efrom Bernard, Felton Bernard, Nelson Bernard, Mrs. Pauline Jennitt Simpson, Estate of Ernest Bernard, Deceased TRACTS Sand 12 McKey Construction and Equipment Rentals, Inc. TRACT 11 Mrs. Marguerite J. Tinkler, L. o. Weison, Jr. and Allen Weison TRACT 13 Billy R. Shepherd TRACT 14 D. C. Allen and wife, Juanita Allen TRACT 15 Morris Bernard and wife, Leezena Bernard TRACT 17 Bay Plumbing and Supply Company, Inc. TRACT IS TRACT 19 Ted W. True and wife, Johnnie True Houston Lighting & Power Company or against the real and true owner or owners, if they not be the owner or owners. Section 3. This Ordinance shall take effect immediately upon its passage and approval. / PASSED AND APPROVED, this the 19th day of May, 1975. CITY OF LA PORTE BY~. ~,~ E. A. Thomas, Mayor - .==- ..-:- ....~ ,. e::- :- ''ATTEST: '( . ..~. ~ ic~1:? ~ Ae~~ d~/ City Attorney .c ~ TE ,L; PORTE 58 462 , R PLAT SHOWI NG OF TRACTS ADJACENT TO SPENCER OVERPASS HARRIS COUNTY, '.. .... " - ~ ~~ ? 'or.... -~ 20 - ~OQ 7 5..#21'48".. '"""" SPENCER HIGHW COUN -j - U !-- <I( l' PLAT SHOWING Ov.. OF TRACTS AD... SPENCER HIGHWA HARRIS COUNT ~ ~ ~ OWNERS - - - -. . ~.e,..,> ""