HomeMy WebLinkAboutORD 1431 - ORD Authorizing the Quit Claim of an Easement
ORDINANCE NO. 1431
AN ORDINANCE AUTHORIZING THE QUITCLAIMING OF AN
EASEMENT; 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 that the City quitclaim the easement described in
this ordinance; and
WHEREAS, the said easement has been appraised by an appraiser
obtained by the City, whose written appraisal report have 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
UNIVERSITY PLACE, TEXAS:
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Section 1. The City Council hereby authorizes the quitclaiming of an
electrical easement to the above-named abutting property owner for the
consideration of $ 50,804, such easement being more particularly described by
metes and bounds in EXHIBIT "A", attached hereto and made a part hereof,
subject to satisfaction of the following conditions:
Receipt of the consideration.
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 quitclaiming
all of the City's right, title, interest, claim and demand in and to that certain
parcel of land described in EXHIBIT "A", to the said abutting property owner,
its successors and assigns.
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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hereby repealed to the extent of the conflict only.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 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 Act, 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 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 ~~ day of
;I~.
, 191..~
Signed:.4::~ ...'2 ~
Mayor
Attest:
~~
City ecretary ~
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Reviewed:
~\~k
City Attorney
b3 : \osaleeas. 54 (071392)
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Description of Easement tor an Electrical Transmission
Being 0.212 of one acre of land. (9,237 square feet), being that
certain easement as described in Volume 1101, Page 159 of the Deed
Records of Harris County, Texas, situated in the Pleasant W. Rose
Survey, A-645, Harris County, Texas and being out of that certain
1 0 . 000 a c r e t r act 0 f 1 and as des c rib e din de e d r e cor d,e d, i nth e
Official Public Records of Real Property of Harris County, Texas
under County Clerk's File Number N278216, 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
corner of said 10.000
inch
acre
iron rod
tract of
found
land;
for
the
northwesterly
Thence, S 00'00'15" W, with the westerly line of said 10.000 acre
tract of land a distance of 135.86 feet to a point for corner and
the POINT OF BEGINNING of the herein described easement;
Thence, S 85'20'35" E , a distance of 244.68 feet to a point for
corner;
Thence, N 02'05'02" W, a distance of 20. 14 feet to a point for
corner;
Thence, S 85'20'35" E , a distance of 10.07 feet to a point for
corner;
Thence, S 02.05'02" E, a distance of 20, 14 feet to a point for
corner;
Thence, S 85.20'35" E , a distance of 20. 14 feet to a point for
corner;
Thence, S 02.05'02" E, a distance of 10.07 feet to a point for
corner;
Thence, N 85'20'35" W, a distance of 20.14 feet to a point for
corner;
^ Page 1 of 2
EXHI~IT --..C...-... 0.212 Acre
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Thence, S 02'05'02" E, a distance of 627.47 feet to a point for
corner ln the northerly right-of-way line of North Braeswood
Boulevard (100.00 feet in width) on a curve to the right;
Thence, ln 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 00'43'12", a radius of 798.97 feet, an
arc length of 10.04 feet and a.chord bearing of S 82'54'36" W,
10.04 feet. to a point for corner;
Thence, N 02.05'02" W, leaving said northerly right-of-way line of
North Braeswood Boulevard, a distance of 629.53 feet to a point for
corner;
The nee' , N 8 5 . 2 0 . 35" W, a d i s tan ceo f 2 4 5 . 0 5 fee t to a poi n t for
corner In the westerly line of said 10.000 acre tract of land;
Thence, N 00.00'15" E, with the westerly line of said 10.000 acre
tract of land, a distance of 10.b3 feet to the POINT OF BEGINNING
and containing 0.212 of one acre or (9,237 square feet) of land.
RUSS & STANDLEY SURVEYING COMPANY
,4{a/~
Registered Prof sSlonal Land ~rveyor
Texas Registration Number ~p ~
Date:
Job No.:
Dwg. No.:
F i 1 e No.:
May 21, 1992
89-036-65
RIS 1482-E-26
WP/B89-036.65
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C\;s(: _~_~___(j( ____1_ totel pages)
Page 2 of 2
0.212 Acre