HomeMy WebLinkAboutO-1986-1511
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ORDINANCE NO. 1511
AN ORDINANCE VACATING, ABANDONING, AND CLOSING THAT PORTION OF
A SIXTY FOOT (601) DEDICATED ROAD ACROSS PECAN PLANTATION MOBILE
HOME PARK, TOWN OF LA PORTE: FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW: AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the Ci ty of La Porte has
been requested by the record owners of all of the property
abutting the dedicated road as shown on Exhibit II A" , attached
hereto and fully incorporated by reference herein: and
WHEREAS, the City Council of the City of La Porte has
determined, and does hereby find, determine, and declare that
the hereinafter described right-of-way existing in Pecan Plan-
tation Mobile Home Park is not suitable, needed, or beneficial
to the public as a public road or street, and that the closing
of the hereinafter described portion said right of way in
Pecan Plantation Mobile Home Park is for the protection of the
public and for the public interest and benefit, and that the
hereinafter described portion of said right-of-way should be
vacated, abandoned, and permanently closed:
NOW, THEREFORE, 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 Chap. 13, Title
28, Art. 1175, of the Revised Civil Statutes of the State of
Texas, 1925, the hereinafter described right-of-way lying wholly
within the boundary of the City of La Porte and being located in
the Pecan Plantation Mobile Home Park is hereby permanently
vacated, abandoned, and closed by the City of La Porte, to-wit:
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Ordinance No. l5ll, Page 2.
BEING a 60 foot dedicated road in the W. M.
Jones Survey, Abst. No. 482, Harris County,
Texas and being more particularly described as
follows:
COMMENCING at a 5/8 inch iron rod at the inter-
section of the South right-of-way line of Spen-
cer Highway based on a width of 100 feet with
the west line of Canada Drive based on a width
of 60 feet: THENCE S 030 18' 52" E, 1827.16
feet along the west right-of-way line of Canada
Drive to the point of beginning of this tract:
THENCE continuing along the west right-of-way
line of Canada Drive S 030 18' 52" E, 30.00
feet to an iron rod: THENCE continuing along
the same right-of-way line S 030 05' 59" E,
30.00 feet to a point for corner: THENCE S 860
55' 18" W, 9l6.08 feet to a point for corner:
THENCE N 030 07' 53" W, 30.00 feet to an iron
rod: THENCE N 030 08' 12" W, 30.00 feet to a
point for corner: THENCE N 860 55' 18" E,
916.00 feet to the point of beginning and con-
taining 1.2618 acres of 54,964 square feet of
land.
Section 2. 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, Article
6252-17, Texas Revised Civil Statutes Annotated: 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.
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Ordinance No. l5l1, Page 3.
Section 3. This Ordinance shall take effect and be in
force from and after its passage and approval.
PASSED AND APPROVED this the 1# th day Of~~, , 1986.
CITY OF LA PORTE
B4fri:~
ATTEST:
APPROVED:
EXHIBIT A.
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STATEMENT AND RELEASE
COUNTRYWIDE PARKS IT, INC. ("Countrywide") is the owner of the following
described parcel of land (the "Property"), together with the real estate adjacent to and
abuting both sides of the Property:
60 FOOT DEDICATED ROAD IN THE W.M. JONES SURVEY, ABST.
NO. 482, HARRL'S COUNTY, TEXAS BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROD AT THE INTERSECTION
OF THE SOUTH RIGHT-OF-WAY LINE OF SPENCER HIGHWAY
BASED ON A WIDTH OF 100 FEET WITH THE WEST LINE OF
CANADA DRIVE BASED ON A WIDTH OF 60 FEET: THENCE S 030
18' 52" E, 1827.16 FEET ALONG THE WFST RIGHT-OF-WAY LINE
OF CANADA DRIVE TO THE POINT OF BEGINNING OF THIS
TRACT; THENCE CONTINUING ALONG THE WEST RIGHT-OF-'
WAY LINE OF CANADA DRIVE S 030 18' 52" E, 30.00 FEET TO AN
IRON ROD: THENCE CONTINUING ALONG THE SAME
RIGHT-OF-W A Y LINE S 030 05' 59" E, 30.00 FEET TO A POINT FOR
CORNER; THENCE S. 860 55' 18" W, 916.08 FEET TO A POINT FOR
CORNER; THENCE N 030 07' 53" W, 30.00 FEET TO AN IRON ROD:
THENCE N 030 08' 12" W, 30.00 FEET TO A POINT FOR CORNER:
THENCE N 860 55' 18" E, 916.00 FEET TO THE POINT OF
BEGINNING AND CONTAINING 1.2618 ACRES OR 54,964 SQUARE
FEET OF LAND.
The Property was dedicated to the public as a roadway for use by "foot passengers and
teams" by an instrument dated May 25, 1895 which is recorded in Volume 83, Page 344 of
the Deed Records of Harris County, Texas. Although it is Countrywide's position that the
Property has already been abandoned by operation of law, to expediently resolve this issue
and because the Property is necessary for the orderly and planned expansion of mobile home
lots on the Pecan Plantation Mobile Home Park, which expansion will add revenue to the tax
base of the City of La Porte and provide additional homesites for additional residents,
Countrywide requests that the City of La Porte abandon the Property and any and all rights
or claims that it may have to the Property.
In consideration for the abandoning of the Property, Countrywide does hereby agree to
save and hold harmless the City of La Porte from any and all claims that may arise against
the City for abandoning the Property.
COUNTRYWIDE PARKS fi, lN~
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