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Home My WebLink AboutOrd 1659 - abandoning a portion of a street ROW Ordinance No. 1659 AN ORDINANCE ABANDONING A PORTION OF A STREET RIGHT OF WAY; AUTHORIZING A QUITCLAIM DEED; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. WHEREAS, Renata F4 and Susan W. Pereira, who are together the sole abutting property owner, have requested that the City abandon a portion of the street right of way described in this ordinance; WHEREAS, the City Council finds and determines that such portion is not needed and that abandoning it will be in the public interest; WHEREAS, such portion has been appraised by an appraiser obtained by the City, whose written appraisal report has been filed with City Council and taken into consideration by it in determining the action herein taken; WHEREAS, said abutting property owner has paid the sum of $14,440.00 to the City as consideration for the quitclaim authorized in this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1 ~ The findings set out in the preamble of this ordinance are adopted, and the City Council hereby: (a) abandons the portion of the street right of way described in Exhibits Band Cf attached hereto and made a part hereoff and (b) authorizes the quitclaiming of said portion to the above-named property owner for the consideration described in the preamble of this ordinance. Section 2. The City Council hereby authorizes the Mayor and the City Manager (either one) to execute and deliver a quitclaim deed for this purpose, in substantially the form shown in Exhibit A, attached~ 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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, phraseJ 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 a 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 Texas Open Meetings Act} 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 of the crucial location of the property to be quitclaimed by the City, 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 on 4~ ;1;5. / , ;;IOc; l) . Attest: Exhibit A QUITCLAt:.t DEED Date: Grantor: CITY OF WEST UNIVERSITY PLACE Grantorrs Mailing Address (including county): 3800 University Boulevard Houston, Harris County, Texas 77005 Grantee: Renata F. Pereira and Susan w~ Pereira Granteels Mailing Address (including county): 6310 Auden, Houston, Harris County, Texas 77005 Consideration: Ten dollars and other good and valuable consideration. Property: A portion of a street right of way containing 0.0237 (1,032 square feet) in the Amended Plat of Southside Place, which portion is described in Exhibit B, which is attached hereto and incorporated herein by this reference, and illustrated in Exhibit C, which is attached hereto and incorporated herein by this reference. For the consideration Grantor quitclaims to Grantee all of Grantor1s 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, administratorsJ successorsJ 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 ~ COUNTY OF ~ This instrument was acknowledged before me on the day of ,by I as of the City of West university Place, Texas. (Seal) Notary PublicI State of Texas Notary*s name (printed): Notary's commission expires: AFTER RECORDING RETURN TO: Sent By: Cole & Dougherty; 713 B80 1417; Oct-20-00 18:05; Page 1 w" TI:ltll'\ tUNV!:'flNQ c: C II I'" .A If ., ~ '''' Cl ,4900 Woodway, Suile 1000 - Houston. TSllas 71056 - (713) 993'O~ 1f) 993-9231 METES AND BOUNDS DESCRIPTION O~0237 ACRES (1.032 SQUARE FEET) AMENDED PLAT OF SOUTHSIOE PLACE A~C. REYNOLDS SURVEY, ABSTRACT NUMBER 61 WEST UNIVERSIlY PLACEr HARRIS COUNTY, TEXAS Being a tract or parcel containing 0.0237 acres (1,032 square feet) of land situated the A.C. Reynolds SUrvey~ Abstract Number 61 ~ Harris County, Texas, being out of and a portio of lot 54, Block 2. of the Amended Plat of Southslde Place recorded in Volume 7, Page 52. 0 the Harris County Map Records: said 0.0237 acre tract also being out of and a portJon of said Lot 54 as described in the deed to the City of West University Place recorded in Volume 7661 Page 105, of the Harris County Deed Records; said 0.0237 acre tract being more particularly described by ales and bounds as follows (An bearings are based on the Texas State Plane Coordinate Sys m; South Central Zone, as derived from GPS observations of the City of Houston Survey Contror onuments numbers 5256-0801,5255-1405, and 5255-1005): COMMENCING at a 1/2...inch iron rod found in the west right-of-way fine of Auden Aven e (60 feet wide) as delineated of the aforesaid Amended Plat of Southside Place marking the south ast corner of the called 91520 square foot tract as described in the deed to Reanto F.. Pereira, at u . recorded under Harris County Clerk's File Number R 167026 cammon with the south east corner Lot 53 in the aforesaid Block 2 of the Amended P1at of Southside Place; THENCEt North 02Cl37'41 If West, along said west right-af-way line, a distance of 63-00 fa t to a 5/8- inch iron rod with plastic cap stamped "TERRA SURVEYINGu set marking the southeast mer and PLACE OF BEGINNING of the herein described tract common wtth the nol1heast comer f saId Lot 53 and fhe northeast comer of said called 91520 square foot tract; THENCE. South 87022'19" West, along the south line of the aforesaid lot 54 common wit line of said Lot 53 and the north line of said caned 9,520 square foot tract) a distance of to a SIB-Inch iron rod wrth plastic cap stamped -'TERRA SURVEYfNGff set marktng the corner of the hereIn descrIbed tract; THENCE, North 67014'481{ East, along a line 1 wOO feet southeasterfy of and parallel with concrete sIdewalk, a distance of 79_86 feet to a S/8-inch iron rod with plastic cap stampe uTERRA SURVEYING.. set markIng the northeast corner of the herein described tract In the afar said west right-of-way Jine of Auden Avenue; THENCE, South 02037'41tt East, along sa;d west right-of-way line. a distance of 27.48 et to the PLACE OF BEGINNING and containing O~0237 acres (1,032 square feet) of land. This de cription is based on the plat of the Standard Land Survey prepared by Terra Surveying Company, I C.l dated October 0412000. TSC Project Number 2720-0007-5. Compiled by: Mark J I Piriano Checked by: Joel Hiner, L.S.I.T. Terra Surveying Company, Inc~ 4900 WoodwaYI Suite 1000 Houston, Texas 77056 MP C:\weslu\trimb"doc EXHIBIT B (PaEB I '" , of, , , . tow'l'r::~es) Sent By: Cole & Dougherty; -4-". .....' ~ :.~ LCJ ~ <t )- w ...... ......~-.,. ~ ~ .. fJ) ~/} ::::1 ..-"~ "---' L.~~ >- w....; u::: ;' ." ~""-..... <:( t13 880 141/; ~I. j . , . . , ~ I "':1'" - \0 i:" ~ ;, ~~ 1. -+ ~ ; i. r. . ~ 01, ;~ :. ~ - , ~ ~ ~ .~ '! .: ~ ..:. . ~ J o!- : " ':' :.. ~:- ,. .. . ~~~.~ ~~ ,];. ~ of ;, ~ '. ~... ~ .' .. " 11 .:' ,. ~. ';'1 ... ~ ., ~ ~~ Q ~ ) ~. ~ ~ ,. ~ '! (~ ~~ ~ ~ ..., = ~ ,; :. ~ >1\ II ..... :. ";.. ... C ~, ~~ ~ - ~ ;. .. i .:t. ~ ~ .... ~ v 1.; .~ ~: ). .~. .:..:. ~ .: - ::- ,.. 1 .. / .,. r .. :- " ~, ~ III .; J,.o R !.. or - ~ :" ., .. ~, ; "': .. -: '. .:. :. " ., .. ~ ..; ~ . . .:- . , -. ;. .' .~ .. r w" =~.. ~ 'l. ,. .. -, ~ ~ 4- 7'ifl ~~ 1:,~ (0.7 r~ ~O ;j) -- <o~ ~ ~ Oct-20-QO 18:06; '0 : : f] ":I " :J _ '" ;~ ; ~ = 5~ a'J ~..:. 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