HomeMy WebLinkAboutOrd 1622 - abandoning easement; authorizing quitclaim deed
#
~
,
f?)
.
.'
Ordinance No. 1622
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, the Bank of Tanglewood, N.A. and Bettye J. Lowe, the abutting
property owners, 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 interest;
WHEREAS, the said portion of an easement 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 owners have paid paid the sum of $27,000 to
the City as consideration for the quitclaim authorized in this ordinance, plus
reimbursement of expenses in the amount of $1,150;
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 easement described in
Exhibits Band C, attached hereto and made a part hereof, and (b) authorizes the
quitclaiming of said portion to the above-named property owners for the consideration
of 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repealed to the extent of the conflict only.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, 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
---.-----.-------.---'-'...Tlr~--."'----. -- -.--- .-.---- --- --,'1----- - -~--,----,--~--
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 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 shall become effective immediately upon
adoption and signature.
PASSED AND APPROVED this ~"'ifay of #1 ' 1919
c
Attest:
~~~
:" cretary. -
'"-'-'-''''''"'n'''
r -- .
rH'.
Tr,'"
""'-='T.I- I
QUITCLAIM OF EASEMENT
<-' Date:
Grantor:
CITY OF WEST UNIVERSITY PLACE
Grantor's Mailing Address (including county) :
3800 University Boulevard, Houston, Texas 77005 (Harris County)
Grantees: Bank of Tanglewood, N.A. and Bettye J. Lowe
Grantees's Mailing Addresses (including county) :
Bank of Tanglewood, N.A., 500 Chimney Rock, Houston, Texas,
77056-1220 (Harris County)
Bettye J. Lowe, 6157 FM 2502, Burton, Texas 77835 (Washington
County)
Consideration: Ten dollars and other good and valuable consideration.
Easement: A portion of an easement for utility purposes 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 each Grantee, in accordance with
its underlying fee simple ownership, a portion of Grantor's right, title,
and interest in and to the Easement, to have and to hold it to Grantee,
Grantee's heirs, executors, administrators, successors, or assigns forever.
The portion of the Easement quitclaimed to each Grantee is the portion that
lies within, over or upon land owned in fee simple by that Grantee. 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,
~J~~,:~~
TEXAS
~7~
STATE OF TEXAS ~
COUNTY OF ~
Thi~ instrument was acknowledged before
L.lM...cl c. l..~u..,t c;, as t-.J.. (I, , t CI\
West University Place, Texas. . I
me on ~ ~"q..o,. by
r of the City of
Notary PUblic, State of Texas
~~~
M.~-
=r<F~I'-T' d;'",,_
)
The Grantees sign below to indicate that they request and accept the above
and foregoing quitclaim of rights, title and interest.
~,
BANK OF TANGLEWOOD, N.A.
By:
L7i&~
Bett (f. ,we
~
~
was acknowledged before me o~ ~~ L S J ,<:51 /911 by
as j1h-~o.s-A.lr ~.::.ff"O ' of the BANK OF
.D'C~U~.~~~at1 nal banking association, on behalf of said
0&'1' COMMISSION EXPIRES
June 20. 2000 ~~4:~--L/-
/ Notary Public, state of Texas
commission expires: ~{~/~
My
STATE OF TEXAS
COUNTY OF
This instrument was
Lowe.
~
~
acknowledged before me on ~\ ~,,\ ~\ \~
\ I
by Bettye J.
(Sea~"~"'::::'>'-~"'~~;;;;"'-'
~ ..,~~~I~!" SALLY STROECH l'
M ~J~~&HrXePiI~l.ix~~~ of Texas ~
y J ~-~:'~.? ~ My Commission Expires '-:
. ~~~:.~~ JANUARY 25, 2003 %
~ ~:::..~....
Notary PUblic,/t;ate of~exas
~~
AFTER RECORDING RETURN TO:
City Secretary, City of West
3800 University Blvd.
Houston, Texas 77005
University Place, Texas
Exhibit B
~
\:
March 30, 1999
0.041$ acre of land out of Evanston Addition
Harris County, Texas
AFIELD NOTEDESCRlPTION of 0.0413 acre (1,800 squarefeec) ofland being a portion of
an existing easement out olLots 16, 17. 18, 19.20 and 21. Block 3 of Evanston AdditioOy according
to tbemap or plat recorded in Volume 15. Page SO of'the Harris County Map Records and being more
particularly described by metes and bounds as follows with the bearings being based on the north 'line
of said Block 3, the bearing being East:
COMMENCING FOR REFERENCE at a lila-inch iron rod set forth~ northeasterly comer of
said Lot 18 and for,tbc point-of4intersection of the south right4way line of Sunset Boulevard (60
feet wide) with the westerly right~f4way line of Kirby Drive (width varies) as recorded under Hams
County Clerk's File No. C335081;
TBENCE, South 020 02' 00" East -100.06 feet with the easterly line of said Lot 18 and with
the westerly right-of-way line of said Kirby Drive to a point for the northeasterly comer and POINT
OF BEGINNING of this tract;
ntENCE, South 020 02' 00" East - 10.01 feet with the easterly line of said Lots 18 and 19
and with the westerly right-of:.way.line of said Kirby Drive to a. point for the southeasterly comer of
this traCt;
!HENCE. West - 176.45 feet to a point for the most southerly southwest comer ofmis traCt;
THENCE. North - 5.00 feet with the west line of said Lot 21 and with the east line ofLot 22
of said Block 3 to a concrete nail found for the ,northwest comer of ' said Lot 21, for the nonheast
corner of said Lot 22 and for an interior comer of this traCt;
nmNCE, West - 7.46 feet with the south line of said Lot 16 and with the north line of said
Lot 22 to a Ok-inch iron rod found for the southwest comer of'said Lot 16, for the southeast comero!
Lot 15 of said Block 3 and for the most westerly southwest comer oftbis tract;
THENCE, North - 5.00 feet with the east line of said Lot 15 and with the west line of said Lot
16, to a. point forme northwest comer of this traCt;
THENCE, East - 183.55 feet to the POINT OF BEGINNING and containing 0.0413 acre
0,800 square feet) ofland.
COMPII.ED By:
TEXAS ENGINEERING AND MAPPING'
Civil Engineers 4 Land Surveyors
Stafford? Texas
rob No. 027..17
~f/L---
V' JamesM. Tucker
Registered E'roresslOnal Land Sutveyor
State of Texas No. 5202
L. _~ "-"
. -~--- ., .:l.
r .-.
.rr;~-l
..i. [
-"'""'l~' -,
... ,,,
;i
.t.
'f. .
..
."../ ,~;
It
. ..l
..:~'1i, I.~ j' .;;
_... ,..' .. ,._...,.. ,.:liP I. ;.,..
....,#.::...:. "'-'_ .:..1..::::.._ _.____ ...... - ","'" ~.. #. . .. '0." _.. ._.....:!,..~. ..~~ I'" E"'!
....... /. .....-., .~ .. -:::- 1
~:. ~.... U$'I - f4i:JI . ~ . .......:'" 4
- - .--... . ~":.:-.-.--USl-,1IO.CIIr 6 W. -.. 1 tl.
....... "to, -OIl , 1.... ,'. L.7', ...... ' r :...:. .-- ...::: Or .'''-
~ ...... ~~ i ,. - ... .#... .i .,. ~
..~. _W. ~, J_G- ".- I
=l' "'I :-- I ';. -" c___ ."'u,c r- ..- i ij .'
I ''''Coer. lOll 11:II).0'1 ; .. I '.
, (M~~~~ ~ . Illf"; . ~. 0 ~.r 0 2A5'5~ AC~R"".: ~ ::::1 }
1 004 "~_"_M' I" ~ z " ~ t. I~ "','
~ '\ ('o.(.CI. - -:N) i. i ': (T0..696 -so. FT.) " '.
i.,. ,..' ,.' .1'..' .. ~ "t ....--l.
a. ~ , ,. r" -- --
i ":\ IS~ --=.:.. ! ~. '.,
. ~~+~ a . ( ~ ';' .
~ ~~k~' \ I ,.::: \.::
~c.' 71~ '. J"~ '. . ,
., - -. .- -, - .. - -c~'''.- .-. .. ::~ :.... ~ -
~~-: 'f' -."~~'~~_. : 'f"iia~li
~- -.i:sr - 7..... c .: '. '2 ~ 6
. oM 27 - ~ ~ 6 17 ,J:l ~ ,
~. > ~~- f. i .:~;~
~\.. ~"=:-.... ~~, J1 ." ; _e ~
0~ ls;!v
~ . . ---. /::: ,. ~
~=~ " ! -~'; i \ ,-
i IDf :l ~ 1 ,.. to ~ . ... '.
Easrment -', ~l ~ I
loc~tion ~ '..j,
1 '.,"
L
e"'~~
.,
'-
I
!
!
,---
- ,
.-
_"'.~' :'.,:,_0_..
-.
- '----
,:-::._a. _ _.... _' .... ..._
..~ ._.
o ~
..~ s
.. ,....
1
1
ii
,i
II
I'
J
I
j
~_' R O.T.?
0'"
.:.: .
-~~.
.,-- 0(
0:::" .1
.,," ......
._....~
...
SUHSET 80OL!'VARD
-
......
~.",...
, -'JWI!II'..
............
!
,... n
I" ...
j
I
.-
-
,... :.J
l
.
II
i ---, \,
... "
"
.:;::~
f
.r,
-...
c:... ' ~
....-
":j~
:d.:=~
.--' \0:::
~$r -1mca
~
~~~
.'--.... ...,
.....-----
,.
....,-
...............-
.......
-
.-..-
.. ..--
._,
......:=
-'7'. .
/;=-......-
...."".
J"
. "
::i f]l
,,:-::" _..1\ ..,., w. .
"" --- -....... ~
.. . ___ .. _,~.-.~.___ ;. _...e:" ....
i '~f~
-"
",
\,.,-:.2
',:::,,-
1'f0000f'fCHAM SI'RE&T
{~'e.o,",l
,
.-
J
,
'~~;h. .....
.- _.~..::.'"
..-.
.. - _.__.. _._....~ .. = _..__ '0 ._ .
L-" ".-~ -...........
'~
"
0_'.
\
..
.....~.
-..
---