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HomeMy WebLinkAboutOrd 1697 - easement abandoning;quitclaim deed Form EAS~1 01 (rev.9~01) Ordinance NOA 1697 AN ORDINANCE ABANDONING A PORTION OF AN EASEMENT; AUTHORIZING A QUITCLAIM DEED; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY WHEREAS, John E. Jordan, JrA and Dawne Jordan own the underlying fee simple interest in the property described in this ordinance, and they have requested that the City abandon a portion of the easement 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 jnterest~ WHEREAS1 the fair market vaJue of such portion has been determined to be $800, by an appraisal obtained by the City; and WHEREAS, the underlying fee simple owner has paid the sum of $800 to the City as consideration for the quitclaim authorized in this ordinance; NOWt THEREFORE1 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 easement described in Exhibits 8 and C, attached hereto and made a part hereof, 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only~ Section 4.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, phrase, cJause1 sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shal' 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, shalt 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 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 the easement to be quitclaimed by the City is required to start construction of a new building~ 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 shaH become effective immediately upon adoption and signature~ PASSeD AND APPROVED on ~~ ~ I ~a t Councilmembers Voting Aye----:- ..m__. Councilmembers Voting No: Councilmembers Absent: Recommended:...Q* City nager Reviewed: Attes~ --- City Secretary (S al) QU I TeLA If\A DEED Date: Grantor: CITY OF WEST UNIVERSITY PLACE Grantorrs Mailing Address (including county) : 3800 University Boulevard, Houston, Harris County, Texas 77005 Grantee: John E. Jordan Jr. and Dawne Jordan Grantee's Maili.ng Address (including county): 2704 Nottingham, West university Place, Harris County, Texas 77005 . Consideration: Ten dollars and other good and valuable consideration- Property: Approximately 45 square feet of an easement 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 Grantor's right, title, and interest in and to the property, to have and to hold it to Grantee, Grantee's heirsr executors, administratorsr 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. Attest: (Seal) CITY OF WEST UNIVERSITY PLACE, TEXAS By: By: STATE OF TEXAS ~ COUNTY OF HARRIS ~ This instrument was acknowledged before me on f as I by of the City of West University Place. (Seal) My commission expires: AFTER RECORDING RETURN TO: Notary Public, State of Texas EXHIBiT --A-. (Page ---'-Of ---L-total pages) /tt ~ "t: ~ ~~ .~ ~:' '~ i :' ? J tf :~ f~ ; ~ ~~ ~,f f ,,' : J / (r i a 7 : >~ 8 if. n tl i / 0 r) ~ d Hoskins. Land Surv-eyors 14450 T_C~ Jester #130 Houston) Texas 77014 June 6, 2001 2001-449 Metes and Bounds Description for Proposed Area of Encroachment into Utility Easement over and A.cross the Easterly Portion of Lot 28, Block 3 of EVANSTON ADDll10N~ recorded in Vol. 15t Page 50 HCMR C01vWENCIN'G at the Southeast comer of said Lot 9, said point tying in the North right... ofr-way line of Nottingham Street (60.00 feet wide); THENCE North with the East line of said ,Lot 9 a distance of30_00 feet to a lX'iu.t; lHENCE West a distance of 6.52 feet to the POINT OF BEGINNING of the herein descnbed area of encroachment; THENCE Nonh 02 deg. 17 min. 26 sec~ West a distance of 48.08 feet to a point for comer; l1lENCE East a distance of 1.92 feet to a point for comer; THENCE South. a distance of 46~50 feet to the POINT OF BEGJNNlNG and containing 44.64 square feet. ~ ~~.'\ST~'!>.~o/-~"\ I~~~ .. <?~6\11~~ DAVlb""-ALAN HOSKt'llS~ ~1 I JT.b.- ~J pi -,! ........,.... 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