HomeMy WebLinkAboutORD 1432 - ORD Authorizing Abandment & Quitclaiming of Sanitary Sewer Pipeline
ORDINANCE NO. 1432
AN ORDINANCE AUTHORIZING THE ABANDONMENT AND
QUITCLAIMING OF A SANITARY SEWER PIPE LINE AND THE
RIGHT TO USE LAND OCCUPIED BY THE PIPE LINE;
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; AND DECLARING AN EMERGENCY.
WHEREAS, John H. Monroe, Jf. and Texas Commerce Bank National
Association, as Co-Trustees of the John Mellinger Rogers Trust, et al.
("Grantors"), as a condition of conveying a 25-foot-wide easement strip to the
City, have required that the City quitclaim and abandon a nearby portion of an
old, cast-in-place concrete sanitary sewer pipe line across a portion of the
property of the Grantors; and
WHEREAS, the City is receiving a substitute sanitary sewer line within
an easement, in exchange for the abandonment and quitclaim authorized herein;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. The City Council hereby authorizes the abandonment and
quitclaiming of approximately 132 feet of an old, concrete, cast-in-place sanitary
sewer pipe line (36-inch approximate internal diameter), and the land occupied
by such pipe line, as more particularly described in the attached instrument
entitled "Declaration of Abandonment And Quitclaim," subject to the satisfaction
of the following conditions:
(1) 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
(2) the flow of sewage through the pipeline to be abandoned must be
physically diverted through such substitute pipeline and easements,
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with the result that such flow is satisfactorily conveyed to the City's
sewage treatment plant.
Section 2. Subject to the satisfaction of the foregoing conditions, the City
Council hereby authorizes the Mayor and the City Manager (either one) to: (i)
execute and deliver an instrument in substantially the form as the attached
"Declaration of Abandonment And Quitclaim" and (ii) make the findings and
determinations set out in such instrument, on behalf of the City.
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hereby repealed to the extent of the conflict only.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 requested quitclaim 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.
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PASSED AND APPROVED this~ay of I~
, 19 ;Pc;-
Signedfl~ 9~
Mayor
Attest:
~~T
City cretary
b3 : \oabansw. 54 (071392)
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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: John H. Monroe, Jr. and Texas Commerce Bank National
Association, as Co-Trustees of the John Mellinger
Rogers Trust, et a1., as listed on the attached Exhibit
A, which is incorporated herein by this reference.
Grantee's Mailing Address (including county):
c/o Sweeney Estates
910 Travis, Suite 2024
Houston, Texas 77002
Consideration:
Ten dollars and other good and valuable consideration.
Property: Approximately 132 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 within that certain
24.813-acre residue of that portion of the tract of
land described in Deed to the J. J. Sweeney Estate
dated November 10, 1932, and recorded in Volume 917,
P~g~ 120, D~~d R~cord~ of Harrig County, Texas, which
residue lies west of Kirby Drive; and (3) lies between:
(i) the east line of the 25-foot-wide strip of
land, also being a part of said 24.8l3-acre
residue, which strip is described in Exhibit B,
attached hereto and incorporated herein by this
reference, and
(ii) the north line of that certain lO.OOO-acre
tract of land, also being a part of said 24.813
residue, which is described in Exhibit C, which is
attached hereto and incorporated herein by this
reference; and
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(4) is illustrated in Exhibit D, which is attached
hereto and incorporated herein by this reference;
together with all of Grantor's rights to use the land
occupied by said 132 feet (approximately) of pipe line"
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.
Grantor hereby finds and determines that certain obligations
to Grantee have been satisfied, which obligations are set forth
in the Easement Deed by which Grantee conveyed to Grantor the 25-
foot-wide easement strip described in Exhibit B herein and are
summarized as follows: (1) construction of an underground
sanitary sewer pipe (with not more than two manholes thereto with
neither being higher than one foot above ground level), and (2)
cessation of use and disconnection of the approximately 132 feet
of pipe line quitclaimed and abandonded herein.
When the context requires, singular nouns and pronouns
include the plural.
CITY OF WEST UNIVERSITY PLACE, TEXAS
By:
Attest:
(Seal)
By:
2
STATE OF TEXAS ~
COUNTY OF ~
This instrument was acknowledged before me on the
day of by
, as
of West University Place, Texas.
of the City
(Seal)
Notary Public, State of Texas
Notary's name (printed):
Notary's commission expires:
AFTER RECORDING RETURN TO:
The Sweeney Estates
910 Travis, Suite 2024
Houston, Texas 77002
b3: \quitseel. 54 (071392 )
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The followinq rarties are the "Grcmtees" under the i:ltt.-"1chcd "Dccli:lriltion of
i\bandonmcnt and Quitclaim" in the respective undivided j:Crcenti:lqe interests,
to-wit:
Gri:lntccs
rJnrlivi(J",,i P,....,...rronr!'lt7A Tr.d-nr--(,l<:hr
John H. Monroe, Jr., and Texas Commerce
Dank National Association, as Co-Trustees
of the John Mellinger Rodgers Trust,
being one of the Testamentary Trusts
created under the Will of
John S. Mellinger, Deceased,
7.50661,
John H. Monroe, Jr., and Texas Commerce
Dank National Association, as Co-Trustees
of the Lisa Lucile Rodgers Trust, being
one of the Testamentary Trusts created
under the.Will of John S. Mellinger, Deceased,
7.50661,
Gwen Avenell Mellinger, Independent
Executrix under the Willllnd of the
Estate of Michel J. Mellinger, Deceased,
15.01323,
James L. Britton III, u resident of
Harris County, Texus
5.00441,
Marian Edith Britton, a resident of
llarris County, Texas
5.00441,
George Mellinger Britton, a resident
of Harris County, Texas
5.00441,
Sweeney J. Doehring, Jr., 11 resident
of Truvis County, 'l'exas
3.52182,
Wchard Lee Doehring, 11 resident of
Hurris County, Texas
CAD Associates, 11 general partnership
acting herein by and through Cnrol
Jean Doehring, its Manuging Partner
1. 76092,
1. 76090,
Dan Etter Doehring, a resident or
Harris County, Texas
3.52182,
Ann Doehring Krenek, a resident of
Eugene, Oregon
2.26488,
Richartl L. Doehring and Sweeney J.
Doehring, Jr., as Co-Trustees of the
Testamentary Trust created under the
Will of Mildred E. Doehring, Deceased,
with Ann Doehring Krenek, us the
primary beneficiary
1.25694,
Paul C. Doehring, Jr., M.D., and Catherine M.
Doehring, Trustees, of Glendale, California
14.08731,
Frederic M. DoehrinG, as Independent Executor
of the Estate of Helen }!;li1.ubeth Doehring,
Deceased
7.04366,
Frederic M. Doehring, Helen Glizabeth
Schwichtenberg and Mary Lou Doehring
(ut one time known as Mary Lou nile!),
as Successor Co-Trustees of the
TcsLnmcntary Trust created under the
Will of Curl F. Doehring, Deceased
7.04365, and
Llmll Mary ^nl1 GilbcrL Sl\ider, a rc,;irkIlL
of Imler, PCl1n:iylvanin
12.698'12.
Exhibit B
Description of 25-Foot Easement of Land
(Attached to and Made a Part of Easement Deed executed by John H. Monroe, Jr., and
Texas Commerce Bank National Association. as Co-Trustees of the John Mellinger
Rodgers Trust, et al, as "Grantors", to the City of West University Place, as "Grantee")
To locate the POINT OF BEGINNING, commence at a 3/4ths inch iron rod marking the
nonheast corner of Barclay Apartments, a subdivi.sion situated in Harris County, Texas,
according to the map or plat thereof recorded in Volume 81, Page 14, Map Records of
Harris County, Texas, from which run South 00 deg. 06 min. 00 sec. East (same base
bearing as tqe base bearing in the case of the recorded subdivision plat of Barclay
Apartments) along the west right-of-way line of Kirby Drive (90.00 feet in width), a
distance of 1365.65 feet to a 5/8ths inch iron rod marking the southeast corner of The
Bradford Townhouses, a subdivision situated in Harris County, Texas, according to the
map or plat thereof recorded in Volume 111, Page 52, Condominium Records of Harris
County, Texas, from which run North 89 deg. 59 min. 44 sec. West along the south line
of The Bradford Townhouses subdivision. the south line of Cambridge Green, Section
Three, a subdiviElion ~ituated in Harris County, Tex.as, according to the map or plat
thereof recorded in Volume 293, Page 41, Map Records of Harris County, Texas, and the
south line of Cambridge Green, Section Two, a subdivision situated in Harris County,
Te..."taB, according to the map or plat thereof recorded in Volume 277, Page 72, Map
Records of Harris County, Texas, a total distance of 1014.51 feet to a point for corner,
from which said point a 5/8ths inch iron rod bears 0.3 feet West marking the southwest
corner of said Cambridge Green, Section Two, from which .run South 00 deg. 00- min. 15
sec. West along the west line of said 24.813-acre residue a distance of 423.94 feet to a
5/8tha inch iron rod set for the northwest corner and the POINT OF BEGINNING of
that 10.000-acre tract of land; described in Special Warranty Deed from Grantors to The
HOu.iton Inde~ndent School District, as "GrantBe1'j
THENCE North 00 deg-. 00 min. 15 sec. East along the west line of said 24.813-acre
residue a distance of 168.25 feet to a point North 00 deg. 00 min. East a distance of 10
feet from the point at which the north edge of the underground sanitary sewer pipe line
presently maintained by Grantee intersects the west line of the 24.813-acre residue;
THENCE South 89 deg, 59 min. 45 sec. Ea.st a distance of 25 feet to a point for corner;
THENCE South 00 deg, 00 min. 15 sec. West parallel to~ and east a distance of 25 feet
(measured at right angle) from the west line of said 24.813.acre residue a distance of 168
feet to the r..orth line of the 10.OOO-acrs tract described in the Special Warranty Deed to
. The Houston Independent School District hereinabove referred to;
THENCE South 89 deg. 54 min. 00 sec. West along the north line of said 10.aOO-acre
tract to the PUCE OF BEGINNING, and containing approximately 3%5 square feet
of land and being a strip of land 25 feet in width.
EXHIBIT C
Description of 10. ODD-Acre Tract of Land
Baing 10.000 acros (435,601 square feet) of land, more or less,
situated in the Pleasant W. Rose Survey, A-645,' Harris County,
Texas and be i ng out of and a. part of that carta i n 24.813 acre
residua of that c6rtain tract of land do~cribad in deed to the J.~.
Sweeny Estate dated November 10, 1932 as' recordod in Volume 917,
P~ge 120 of the Deed Record~ of Harri~ County Texas; the location
of sa1d 24.813 acre tract being based on Cl. survey of the ';;J.
Sweeny Estate Tract as ~hown on survey by J.5. Boyleo & Associat~s
dated December, 1956 and l'.lnid 10.000 acre tract bein@ more
particularly described by mates and bounds a~ fol1ows:
COMMENCING at a 3/4 inch iron rod marking the northoast corner of
the Barclay Apartments as recorded in Volume 81, pase 14 of tho Ma~
R~corda of Harris County, Texas and baing the northeast corner of
the J. J. Sweeny Estato 54.8687 eJ.cre res i due. QS surveYlld by J. 5.
Boyles & Ansociatea in July, 1959;
Thence, S 00.06'00" E (base bearing - J.S. Boyles ,& A:a~ociates and
record plat), with the west line of Kirby Drive (90 foot right-of-
way), a distance of 1365.65 feet to a 5/8 inch iron rod marking t~e
southeant corner of The Bradford Townhouso5 as recorded in Volumo
111, Page 52 of the Condominium Records ot Harris CouDty, TexaG;
Thence, N ~9' 59' 44" W, with the south 1 i no of sa. i d Bradford
Townhouses J the :south 1 i nfJ 0 f C<:1mbr i dge Groen J sect i on Three a.s
recorded in Volume 293, Page 41 of tho Map Rocords of Harris
County, Toxas and the south line of Cambridge Gr~$n, Section Two as
recorded in Volume 277, Page 72 of the Map Record!; of HarriG,
County, Tex~s a distance of 1014.51 feet to Ii point for cornor,
from said point'a 5/8 inch iron rod lG 0.3 feet West marking the
~outhwest corner of said Cambridge Green, Section Two;
Thonce, S 0,0'00' 15" W, with thE) west line of said 24.813 aore
residue, n distance of 423.94 feet to a 5/8 inch iron rod set for
the northwest corner and tho POINT OF BEGINNING of herein described
10.000 acre tract of land;
Thence, N 89'54'00" E, along tho north line of $aid 10.000 acre
tract at 580.25 feet pa'Sl!:in9 II 5/8 inch .iron 'rod set in the west
right-of-way line of a proposed 60.00 foot wido road and continuing
a total distance of 610.25 feet to a 5/8 i~ch iron rod set in the
cehtor1ine qf said proposed 60.00 foot, wide ro~di
EXHIBIT C
(Page I of 3 toto I pages)
10.000.Acre~
Pago 1 of 3
t.
'f
(.
Thoncs, s 00.06'00" E, with the centerline of said proposad road,
a distance of 523.97 feet to a 5/8 inch iron rod ~et for the point
of curvature of ~ curve to the llJft, having a radius of. 200,00
feet;
{'
I
l
I
Thence, sOLltheo.:sterly, continuing with tho ct3nterline of said
proposed road with said curve to the left, 'having a contra] angle
of 30'40'00", a radius of 200.00 fGet and an a.rc length of 10-7.05
feet to a 5/8 inch iron rod ~et for tho point of tangency;
Thoncl9, S 30'46'00" E, continuing with the canter1ines of said
proposed road, a di~tance of 25.00 feet to a 5/8 inch iron rod got
in the north6rly right-of-way 1ine of North 8r~Gswood BoUlovard (80
Feet in width) i .
Thence, S 5.9'14'00" W, with said northerly right-of-way line of
North Braeswood Boul~vard, a distance of 81.35 fe$t to a 5/8' inch
iron rod found for a point of curvature of a curve to the right
having a ra.dius'of 7.98,97 feeti .
Thenc~, westerly, continuing with the northerly risht-of-way line
of North Braeswood Boulevard, along the arc of 5a~d CUrV~ to tha
rieht, having a contral angle of 38.29'32", a radius of 798.97
feet, an arc length of 536,76 feet and a chord' bearing of
S 78.28'4611 WI 526.72 feet to a 5/8 inch iron rod found for the
southwest corn~r of herein d~scribed tract and baing in the conter
of an old channel of Brays Bayou;
Thence, northerly, with the cent~rline of ~aid old channel of Bray~
Bayou as ;urv"Yl9d by J. S. 8'oy 1 os & A.:'.I.soc i ates and now b(l i ng
indistinsuishable, the followin~j
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, a distanco of 38.52 feet to &. 5/8 inch
iron rod found for corner;
N 49'05'00" w, t'l distance of 44.35 feet to a 5/8 inch
.iron rod found for corner;
N 30'16'00" W, a distanclb of 90.30 foet to a 5/8 inch
iron rod found for corner;
N 58"53'58" 'w 8. distance of 44.19 faet't" a 5/8 inch
. ,
iron rod found for corner in the east line of Brompton
House Apartments, Section Two as record~d in Volume 181,
Pmgo 97 of the M~p Rocords of Harris County, T~xas;
EXHIBIT C
(Page :r of 3 total pages)
10.000 Acres
Page 2 of 3
.-......1.'-'
Thence, N 00'00"5" E,- with sa.id e~st line of BromRton .House
Apartmonts and th~ WQ8t line of e~id 10.000 acro tract, a distaric~
of 374.90 feet to the POINT OF BEGINNING and containin9 .10.000
acres (435,601 square feet) of la~d, more or les3;.
RUSS & STANDLEY SURVEYING COM~ANY, (NC.
#~4.
R eg i s tered Pro oss i ona 1 . Land SUr.'veyor
T6X8,S Registration Numbor /jp-rf't!- .
Date:
Job No.:.
DW9, NO.:
File No.:
Revised:
February 12,. 1991
89-036-60
R&S 1482-E-14
.WP / AS 9 -036.60
July 16} .1991
10.000 Acres
page 3 of 3
EXHI8IT~ .
(page ..J of 3 total pages)
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Approx.irrs :B
location of
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ARABIA TEMPLE A.A.O.N.M.S. INC.
VOL. 3321, G. 390, D.R.H.C.
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0l Approximate location of approximate] ~
::::; 132 feet of old, concrete, cast-in- '
"-' place sanitary sewer pipe line (to
o be abandoned and quitclai.med)
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