HomeMy WebLinkAboutORD 1430 - ORD Authorizing Exchange of Easement
ORDINANCE NO. 1430
AN ORDINANCE AUTHORIZING EXCHANGE OF EASEMENTS;
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; AND DECLARING AN EMERGENCY.
WHEREAS,the Houston Independent School District, the sole abutting
property owner, has requested an exchange of easements as described in this
ordinance; and
WHEREAS, the City is receiving a substitute sanitary sewer line within
an easement in exchange for the abandonment and quitclaim authorized herein;
and
WHEREAS, the easements to be exchanged have been appraised by an
appraiser obtained by the City and the abutting property owner, whose written
appraisal report has been filed with City Council and taken into consideration by
it in determining the action herein taken;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UN1VERS,ITY PLACE, TEXAS:
Section 1. (a) Subject to the conditions set out below, the City Council
authorizes the exchange of two easements:
(i) The City's rights to use approximately 17,343 square feet of land
occupied by approximately 867 feet of an old, concrete, cast-in-
place sanitary sewer pipe line, described in EXHIBIT "A", attached
hereto and made a part hereof, which, together with said sewer line,
is to be quitclaimed to the abutting property owner.
(ii) The sanitary sewer easement described by metes and bounds in
EXHIBIT "B", attached hereto and made a part hereof, which is to
be conveyed to the City.
1
(b) The exchange is subject to satisfaction of the following conditions:
(i) the substitute pipeline and easement, as well as the connecting
pipeline and easements, must be completed and conveyed to the
City, with all consideration and formalities being observed, and the
net consideration from all related transactions must be paid; and
(ii) the flow of sewage through the pipeline to be abandoned must
be physically diverted through such substitute pipeline and
easements, with the result that such flow is satisfactorily conveyed
to the City's sewage treatment plant; and '
(iii) satisfactory arrangements to avoid conflicts with overlapping
easements granted, or to be granted, to the public or to Houston
Lighting & Power Company must be made.
Section 2. The City Council hereby authorizes the Mayor and the City
Manager (either one) to: (i) find and determine whether the foregoing conditions
have been satisfied (which finding and determination shall be final and
conclusive when the quitclaim instrument mentioned in this section has been
executed and delivered), and (ii) execute and deliver an instrument of
abandonment and quitclaim, in substantially the form attached hereto as
EXHIBIT "A".
Section 3. All ordinances and parts of ordinances in conflict herewith are
hereby repealed to the extent of the conflict only.
Section 4. 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, neither the remainder of this ordinance, nor the
application of such word, phrase, clause, sentence, paragraph, section or other
part of this ordinance to any other persons or circumstances, shall be affected
thereby.
Section 5. The City Council officially fmds, 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 Act, TEX. REV. CIV. STAT. ANN. art.
2
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 6. Because the easement to be quitclaimed by the City is required
to start construction of a new public school building that is urgently needed by
this community, a state of emergency is declared requiring that this ordinance be
read and adopted finally at this meeting. Accordingly, this ordinance shall be
adopted finally on first reading and shall become effective immediately upon
adoption and signature.
PASSED AND APPROVED this dc!?~ day of
~
19 ~'L--
, -
Signed4b&1t-7 ~~/
Mayor
Attest:
~~r
Reviewed: >
"J~~
City Attorney
b3 : \oexcheas. 54 (071392)
3
DECLARATION OF ABANDONMENT AND QUITCLAIM
Date:
Grantor: CITY OF WEST UNIVERSITY PLACE
Grantor's Mailing Address (including county):
3800 University Boulevard
Houston, Harris County, Texas 77005
Grantee: HOUSTON INDEPENDENT SCHOOL DISTRICT
Grantee's Mailing Address (including county):
3830 Richmond Avenue
Houston, Harris County, Texas 77027
Consideration:
Ten dollars and other good and valuable consideration.
Property: Approximately 867 feet of an old, concrete, cast-in-
place, sanitary sewer pipe line (36-inch approximate
internal diameter) which: (1) is situated in the
Pleasant W. Rose Survey, Abstract No. 645, Harris
County Texas, and (2) is located completely within that
certain 10.000-acre tract of land described in a deed
to Houston Independent School District dated August 16,
1991 and recorded in the Official Public Records of
Real Property of Harris County, Texas under County
Clerk's File No. N278216, Film Code No. 043-10-0908,
and being more completely described in Exhibit A, which
is attached hereto and incorporated herein by this
reference; and (3) traverses the central portions of
said lO.OOO-acre tract of land generally in a
northwest-to-southeast direction, from the north line
of said tract to the south line of said tract (which
south line is also the north right-of-way line of North
Braeswood Boulevard), and (4) is illustrated in Exhibit
B, which is attached hereto and incorporated herein by
this reference;
together with all of Grantor's rights to use
approximately 17,343 square feet of land occupied by
said length of approximately 867 feet of pipe line,
which land is described in Exhibit C, which is attached
hereto and incorporated herein by this reference.
1
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For the consideration Grantor quitclaims to Grantee all of
Grantor's right, title, and interest in and to the property, to
have and to hold it to Grantee, Grantee's heirs, executors,
administrators, successors, or assigns forever. Neither Grantor
nor Grantor's heirs, executors, administrators, successors, or
assigns shall have, claim, or demand any right or title to the
property or any part of it, and Grantor declares it to be
abandoned.
When the context requires, singular nouns and pronouns
include the plural.
CITY OF WEST UNIVERSITY PLACE, TEXAS
By:
Attest:
(Seal)
By:
STATE OF TEXAS 5
COUNTY OF 5
This instrument was acknowledged before me on the
day of by
of the City
, as
of West University Place, Texas.
(Seal)
Notary Public, State of Texas
Notary's name (printed):
Notary's commission expires:
AFTER RECORDING RETURN TO:
Construction Management Division
Houston Independent School District
3830 Richmond Avenue
Houston, Texas 77027
bJ:\quithisd.54 (071592)
2
"
EXHlBl1 A-
(D"'g7o. <2:-- of 5;> total pages
~I &..1 ....v ,,,.--.-.U.--
EXllIDIT ,\
Description of 10.-OOO-l\cre Tract of Land
Eleing 10.000 acr03 (435,601 aquara feet) of lnnd, moro or lOGo,
II i tuated in the P 1 eClsant W. Rose Survey, A-645,' Harr i s County,
Texas and being out of and a pl\rt of that certain 24.813 acro
reoidue of that certain tract of land doocribed in deed to tho J.J.
Swoony Estnto dated November 10, 1932 as' recordod in Volumo 917,
Page 120 of the Deed Records of Harris County Toxasi the 10cation
of sa.id 24.613 acre tract being basad on ;n. survay of the ,J;J.
Sweeny Estate Tract as shown on survey by J.5. Boylec & Associ~tes
dated Docomber, 1956 and anid 10.000 acre tract beins more
particularly described by motes and bounds aa follows:
COMMENCING at a 3/4 inch iron rod marking the northeast corner of
tho Barclay Ap~rtments as recorded in Volume 81, Page 14 of tho Map
Records of Harris County, Toxas and boing tho northeast cornar of
the J.J. Sweeny Estato 54.8687 acre residUe- QS sur~ey.d by J.S.
Ooyles & AU50ciatea in JUly, 1959;
Thence, S 00'06'00" E (base bearing - J.S. 60yles ,& A~sociates and
rwcord plat), with tho west line of Kirby Drive (90 foot right-of-
way), ~ distance of 136~.G5 feet to G 5/8 inch iron rod marking t~e
southeast corner of The Bradford Townhouses AS recorded in Volumo
111, Page 52 of the Condominium Records of Harris County, Texa~;
Thonce, N 89'59'44" W, with the oouth line of said Brl1dford
Townhouses, the Jlouth 1 inG of C~mbridge Oroon, Section Throe as
recorded in Volume 293, Paga 41 of tho Map Recordn of Harris
County, Texas and tho south line of Cambridge Oro$n, Section Two as
'recordod in Volume ZTT, Page 72 of the Map Recordtl of HarrieJ,
County, TeX5.:l a distance of 1014.51 feot to a point for cornor,
from said point'a 5/8 inch iron rod ;0 0.3 feet Went marking tho
~outhwcDt corner of ~aid Cambridsc Green, Section Two;
Thonce, S 0,0'00'15" W, with the! west line of said 24.813 aora
rosiduo, a distance of 423.94 feet to a 5/8 inch iron rod set for
the northwest corner and tho POINT OF DEOINNING of herein deocribed
10.000 acre tract of landj
Thenc~, N 89'54'00" E, along the north lino of !'.laid 10.000 ncro
tract at 580.25 feet pa's51ns a 5/8 inch .iron 'rod set in the west
right-of-way 1ine of a proposed 60.00 foot wido road and continuing
a totil distance of 610.25 feet to a 5/8 i~ch iron rod sat in the
cehtorline qfoaid proposed 60.00 foot. wide roadi
EXH lB IT ---LL-
CPage-l...-ot -L lotal pilges)
10.000 AcrOB
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Thonca, S 00'06'00" E, with the centerline of said propollod road,
a dist~nce of 523.97 foet to a 5/8 inch iron rod ~et for the point
of curvature of ~ curVQ to tho 10ft, having a radius of, 200.00
feet;
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Thence, BoutheH'ultGrly, continuing with the cl:lntarJine of said
proposed road with said curve to tho Jeft,'havin9 n contral angle
of 30'40'00", a radius of 200.00 foat a.nd an :.a.rc length of 10,7.05
feet to a 5/8 inch iron rod ~Gt for tho point of tangcneYj
Th'mclJ, S 30'46'00" E, continuing with the centerline of said
proposed road, a distance of 25.00 feet to a 5/8 inch iron rod Bot
in the horthorly risht-of-wyy line of North Bra8swood Boulovard (80
feet in width); .
Theneo, S 59'14'00" W, with said northerly risht-of-wo.y Hne of
North Braaswood Boul~vard, a distance of 81.35 fo.t to a 5/8' inch
iron rod found for a point of curvature of a cUrv~ to the right
h~vin9 a radius'of 798.97 foet; ,
Tnenco, westerly, continuing with the northerly ri9ht-of-way line
of North Sraoswood Boulevard, along the arc of said curve to tha
right, having a contral angle of 38'29132", a radius of 798,97
feot, an arc length of 536.76 feet and a chord' bearing of
S 78'28'46" W, 526.72 feet to a 5/8 inch iron rod found for the
southwest corn~r of herein described tract and baing in tho contor
of an old channel of Brays Bayou;
Thenco, northerly, with the cont6rl ine of ~aid old channel of 6ray~
Bayou as sl,lrvoY6d by J.S. S'oy1Qf; & Associates and no\1' biting
i,ndf!ltinguishabJs, tho foJlowin~lI
N 13'27'56" E, a distance of 258.12 feet to a 5/8 inch
iron rod' found for cornor;
N 14'03'00" W, Il distaneo of 38.52 feet to a 5/8 inch
iron rod found for cornor;
N 49'05'00" W, t\ distance of 44.35 feot to a 5/0 inch
,iron rod found for cornerj
N 30'16'00'1 W, a distance of 90,30 foet to a 5/B inch
iron rod found for corner;
N 58'53'58" 'w, 8. distance of 44,19 feet 'to i 5/8 inch
iron rod found for corner in the oast line of 8rompton
HOWSel Apar,tments, Section Two as recorded in Volume 181,
Pag~ 97 of the M~p Rocord~ of Harri$ County, Toxas;
EXHlE3IT -L
(Page --3.-.- of -L \.otal paecs)
10.000 Acres
Pago 2 of 3
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EXHiBIT
(pJge,1
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tot<:11 pages)
ThencG, N 00'00'15" E,' with aald oust llno of Brompton .Houao
Apartments and tho wast lino of sild 10.000 acro tract, a diatarico
of 374.90 foot to the POINT OF BEGINNING and containing .10.000
acroa (435,601 3qu~re feet) of la~d, mor_ or loo3~
.RUSS & STANDLEY SURVEYING COMPANY, INC,
4r~~;-:;, .
Registerod Pro 0.5s10n81 .Land Sur.veyor
T('JXa.3 Rogbtrllltion Numbar /}",.f~ .
Dato:
Job No.;.
Dwg. No.:
FI16 No.:
Revieed:
February 12,.1991
89-036-60
R&S 1482-E-14
,WP/A89-036.60
July 15, .1991
EXHlGlT ~
(P<J&c~of ~tot;:J1 pages)
',1'
10.000 Acres
Page 3 of 3.
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Exhibit C
Description Of Approximately 17,343 Square Feet Of Land
Being 0.39B of ono acre of land (17,343 square feet), being II.
portion of that undefined width S4nitary Sewor E~aoment per that
certain map by J.s. Boyles and Aooociates and dated Decamber 1956,
revised November 27, 197B, situatod in tho Pleasant W. Rose Survoy,
.A-645, Harris County, T~xao and being out of that cortain 10.000
acre tract of 1 a.nd as de:scr i bed indeed to Hou&ton Independent
School District datod August 16, 1991 and recorded in the Official
Pub 1 i c Records of Rea 1 Property of Harr i 11 County, Texas und$r
County Clerk's Fila Number N278216, Film Code Number 043-10-0908;
5aid 0.398 of on~ acro being more particularly describ.d by m$too
and bounds as follows:
COMMENCING at a 5/8 inch iron rod found for the northwesterly
corn.r of oaid 10.000 acre tract of land;
Thence, N 89"54'00" E, with the north~rl.y lin~ of said 10.000 _ere
tr~ct of land, a distanc$ of 62.23 fSQt to a point for corner and
tho POINT OF BEGINNING of the horein da3cribed easement;
Thence, N 89'54'00" E, continuing with the northerly line of said
10,000 acro trnct of land, a diGtanc0 of ZZ.Z7.feet to & point for
corner;
Thence, S 26"3'04" E, a distance of 90.24 feet tOll. point for an
I.l.nglG point;
Thence, S 40'03'00" E, a distance of 429.00 feet to & point for an
angle point;
Thencs, S 09'15'45" E, a distzmce of 344..16 feet to II. point for
corner in thlll northerly right-oF-way lino. of North 8rael5WOod
Boulevard (100.00 foet in width) on a curve to the right;
Theine"" in eo wOl)torly direction with the northerly right-of-wa.y
lino of North Dra~swood Boulovbrd l\lono..said curve to the right,
h~ving Il central anglo of 01"27:35", II radius of 798.97 faet, an
arc length of 20.35 foet dlnd a chord bearing of S 70'02"5" '1'1,
20.35 feet to n point for corner;
Thene., N ~9'15'45.. W, leaving said northerly right-of-way line of
North Braeswood Boulevard, a distanco of 342,43 feet to a point for
an (lngle pointl
Thence, N 40'03'00" W, a diBtanc~ of 425.92 feet to a point for an
angle point;
Paso 1 of 2
0.597 Acro
. /
-I ~ :
EXHIBIT 4-
(Page -~of (;S
total pag"
Th.nc~I N 26'13'04" W, a diCltance of 102.47 feot to tho POINT OF
BEGINNING and containing 0.338 of ona Bcre or (17,J~3 oquare f..t)
or l&nd.
RUSS & STANDLEY SURVEYING COMPANY
,ad~
Registered Professional L~nd s~rvoyor
TeXM Regiatratlon Number :Zt!7 t!-
Datel
Job No.:
DW9, No.;
F i 1 e NQ.;
R~vhtld:
May 21 I 1992
89-036-65
RIS 14S2-E-26
WP/C89-036.63
June 30, 1992
Page 2 of 2
0.597 Acro
EXH18ll 4-
-
(PJge~of 3
total pages)
Description of Easerrent Strip
Being 0.465 of one acre of land (20,258 square feet) situated in
the Pleasant W. Rose Survey, A-645, Harris County, Texas and being
out of that certain 10.000 acre tract of land as described in deed
to Houston Independent School District dated August 16, 1991 and
recorded in the Official Public Records of Real Property of Harris
County, Texas under County Clerk's File Number N 278216, Film Code
Number 043-10-0908; said 0.465 of one acre being more particularly
described by metes and bounds as follows:
COMMENCING at a 5/8 inch
corner of said 10.000 acre
iron rod
tract of
found for the
land;
northwesterly
Thence, N 89"54'00" E, with the northerly line of said 10.000 acre
tract of land, a distance of 5.00 feet to a point for corner and
the POINT OF BEGINNING of the herein described easement;
Thence, N 89"54'00" E, continuing with the northerly line of said
10.000 acre tract of land, a distance of 25.00 feet to a point for
corner;
Thence, S 00.00' 15" W, parallel to an 30.00 feet east of the west
line of said 10.000 acre tract, a distance of 353.49 feet to a
point for corner;
Thence, S 36"26'19" E, a distance of 177.29 feet to a point for
corner;
Thence, S 14"03'00" E, a distance of 175.62 feet to a point for
corner;
Thence, S 42"46'25" E, a distance of 134.80 feet to a point for
corner;
Thence, N 82"49'29" E, a distance of 55.67 feet to a point for
corner;
Thence, S 14"22'26" E, a distance of 27.06 feet to a point for
corner in the northerly right-of-way 1 ine of North Braeswood
Boulevard (100.00 feet in width) on a curve to the right;
Thence, in a westerly direction with the northerly right-of-way
line of North Braeswood Boulevard along said curve to the right,
having a central angle of 01"26'14", a radius of 798.97 feet, an
arc length of 20.04 feet and a chord bearing of S 79"19'06" W,
20.04 feet to a point for corner;
Thence, N 14"22'26" W, a distance of 8.14 feet to a point for
corner;
!3
EXHIBIT - 2
J oL
(Page
tot81 p"ges)
Page 1 of 2
0.465 Acres
Thcncc, S 82'49' 29" W, a distancc of 48.32 feet to a point for
corner;
Thence, N 42"46'25" W, a distancc of 150.20 feet to a point for
corner;
Thence, N 14"03'00" WJ a distance of 17G.78 feet to 5/8 inch iron
rod found for an angle point ln the westerly line of said 10.000
acre tract of land;
Thencc, N 36'26'19" W, a distance of 188.33 feet to a point for
corner, said corner being 5.00 feet easterly of and perpendi~ular
to the westerly line of said 10.000 acre tract of land;
Thence, N 00'00'15" E, parallel to and 5.00 feet easterly of the
westerly line of said 10.000 acre tract of lafld, a distance of
353.2~ feet to the POINT OF BEGINNING and containing 0.465 of one
acre (~O,25S.square feet) of land,
,.
>
EXHH3IT
(paea...2.
e
",J
of 1.. _ total pages)
Page 2 of 2
0.465 Acres
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