HomeMy WebLinkAboutORD 1375 - ORD Vacting & Abanding the City's Interest in a Certain Easement
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ORDINANCE NO. 1375
AN ORDINANCE VACATING AND ABANDONING THE CITY'S INTEREST IN A
CERTAIN EASEMENT AND RIGHT OF WAY NEAR TANGLEY STREET; APPROVING
AND AUTHORIZING THE EXCHANGE OF SUCH INTEREST OF THE CITY FOR A
SUBSTITUTE .EASEMENT; APPROVING SUCH SUBSTITUTE EASEMENT;
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND
DECLARING AN EMERGENCY.
WHEREAS, the City of West University Place, Texas. (the "City")
has been requested to vacate and abandon: (1) a certain five-foot
easement (as it pertains to Lot 1A of Block 66 more particularly
described below) for sewerage and waterworks and certain other public
utilities with rights of ingress and egress, created by instrument
executed by the Houston West End Realty Company on November 24, 1926
and recorded in Volume 686, Page 279 of the Deed Records of Harris
County, Texas ("Utility Easement"), and (2) a certain five-foot
easement and right of way (as it pertains to Lot 1A of Block 66 more
particularly described below)for the installing and maintaining of
water, sewer and gas mains and certain other public utilities with
rights of ingress and egress, created by instrument executed by
Guardian Trust Company on the 1st day of November. 1926 and recorded
in Volume 680, Page 157 of the Deed Records of Harris County, Texas
("Right Of Way"); which five-foot easement and right of way lies
along the rear of Lot 1A of Block 66 of West University Place Second
Addition, according to the map or plat thereof recorded in Volume 9,
Page 13 of the Deed Records of Harris County Texas (the "Property");
and
WHEREAS, the owners of said Property have offered in exchange
another easement nearby more particularly described in the attached
easement document (the "Substitute Easement"); and
WHEREAS, the City Council has obtained appraisals of the Utility
Easement and Right Of Way and the Substitute Easement performed by
Luedemann & Associates of Houston, Texas; and
WHEREAS, the Appraisals indicate that the consideration to be
received by the City (the Substitute Easement) is not less than the
value of the City's interest in the Utility Easement and Right Of
Way; and
WHEREAS, the City Council finds and determines that the Utility
Easement and Right Of Way is not owned, held or claimed as a public
square, park, or site for a city hall or other municipal building and
is not an island, flat or submerged land; and
WHEREAS, the Council believes that vacating and abandoning the
Utility Easement and Right Of Way and receiving the Substitute
Easement would be in the best interest of the City;
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Ordinance Number 1375
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24'5
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. The City's interest, if any, in the Utility
Easement and Right Of Way is hereby abandoned and vqcated, and the
City Council hereby approves and receives the Substitute Easement.
The Mayor (or Mayor Pro Tem) and the City Manager (or Acting City
Manager) are each authorized to execute and deliver to the owners of
the Property appropriate documents memorializing the vacation and
abandonment of the City's interest in the Utility Easement and Right
Of Way and quitclaiming said interest to the owners of the Property
(their hiers, executors, administrators, successors or assings), all
in a form that may be recorded in the Real Property Records of Harris
County, Texas.
Section 2. If any word, phrase, clause, sentence, paragraph,
section or other part of this ordinance or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the
remainder of this ordinance and the application of such word, phrase,
clause, sentence, paragraph, section or other part of this resolution
to any other persons or circumstances shall not be affected thereby.
Section 3. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 4. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place
and subject of each meeting at which this ordinance was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as
amended, and that each such meeting has been open to the public as
required by law at all times during such discussion, consideration
and action. The City Council ratifies, approves and confirms such
notices and the contents and posting thereof.
Section 5. The public importance of this measure and the
requirements of the law create an emergency and an urgent public
necessity requiring that this Ordinance be passed and take effect as
an emergency measure, and a state of emergency is hereby declared,
and this Ordinance is accordingly passed as an emergency measure and
shall take effect and be in force immediately from and after its
passage and signature. ,.
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Ordinance Number 1375
246
PASSED AND APPROVED this the 91b day of
1990. -----
July
l
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Voting Aye:
Mayor Pro Tem Bell,
Councilmembers Jenkins, Watson
~
Voting No:
Absent:
None
Mayor Higley, Councilmember Redeker
Signed:
Buddy Bell, Mayor Pro Tern
ATTEST:
Audrey Nichols
City Secretary
Approved as to Form:
~
James L. Dougherty, Jr.
City Attorney
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(SEAL)
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~~-,) QUITCLAIM OF EASEMENT - ,,-)
247
STATE OF TEXAS ~
COUNTY OF HARRIS ~
KNOW ALL PERSONS BY THESE PRESENTS:
That the City of West University Place, Texas ("Grantor"),
for and in consideration of ten dollars and other good and
valuable consideration, the receipt of which is hereby
acknowledged, QUITCLAIMS to Charles M. LaMotta and wife Karen
LaMotta (together, "Grantee") all of Grantor's right, title and
interest in and to a Utility Easement ~nd Right Df Way more
particularly described in Ordinance No. 1375 of said City, a
copy of which is attached, TO HAVE AND TO HOLD it to Grantee,
Grantees' heirs, executors, administrators, successors and
assigns forever. Neither Grantor nor Grantor's heirs,
executors, administrators, successors, or assigns shall have,
claim or demand any right or title to said Utility Easment or
Right Of Way or any part thereof.
When the context requires, singular nouns and pronouns
include the plural.
IN WITNESSWHfREOF, the
executed this instrument on
of _~______. 1990.
undersigned ,officer of the City has
behalf of the City this the J.~~ day
CITY OF WEST UNIVERSITY PLACE
By:-kdL~$~~__-
Curtis R. Cooper
Acting City Manager
STATE OF~_l~_____~ ~
COUNTY OF _~~____ ~
. This instrument wAs aCknOW~dged be~r~ on _~ ~___
as-~;!=n~~=~~~i~=_~~_===~~~th~-Clty~~~w~~i====~--'
Universi~y PlAce, Texa~.
(Seal)
AUDREY NICHOLS'
NOTARY PUBLIC
State of Texas
Comm. Exp. 04-19-93
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