The URL can be used to link to this page

Home My WebLink AboutOrd 1588 - abandoning a portion of an easement ?: Ordinance No. 1588 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, TCRDAD KIRBY LIMITED PARTNERSHIP, a Texas Limited partnership, the sole abutting property owner, has 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 have 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 $28,875 (by bank check) 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, TEXAS: 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 A and B, 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 C, attached. r- , ,,;TU.r:J. ilililillr --- ~---'-'-'-~f"1"irf~,=--"..--.------ seni by: Cole & Dougherty 713-880-1417 03/04/98 11: 15 Job 70 Page 3/7 if Section 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 4. (fany word~ phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shan 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 COlUlCil 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 confinns 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 aIld signature. PASSED AND APPROVED this rday of , 192'B. Mayor Attest: ~~~ Re~ -. . ...... City Attomey ;J"'~-'-- '_.~.1''''l''!rl~.C-''''''-..''' ,- Sent by: Cole & Dougherty 713-880-1417 03/04/9811: 15 Job 70 Page 417 " RESERVE AT KIRBY 0.0872 ACRE f 3,799 SQ. Fr. 20' UTIUTY EASEMENT (TO BE ABANDONED) NOVEMBER 11. 1997 lOB NO. TCR09-Tl W:\SURVEY\MB\TCR09TIB LEGAL DESCRIPTION 0.0872 ACRE /3.799 SQ. FT. OF LAND IN THE PLEASANT W. ROSE SURVEY, A-645 CITY OF HOUSTON. HARRIS COUNTY, TEXAS BEING a 0.0812 acre (3,799 square foot) parcel of land situated in thcPtcasant W. Rose Survey, Abstract No. 645, City of Houston,. Hanis County, Texas, being a part of a called 4.550 acre tract of land described by instruments recorded under Harris County Clerk's File NUmbers H4n343, J433774, M01S236, Ml97942, M394552, and 8175493, said 0.0872 acre tract being more particularly dCscnlJed by metes and bounds as follows: (BearingoricDUtion is based on the Seuss Drive Street Dedication Plat as recorded at Film Code No. 353006 Harris COUDty Map Records.) COMMENCING FOR REFERENCE at an "X" in concrete set previously and recovered this survey at the intersection of the northerly right-of-way of Btaeswood Boulevard described as Parcell in a Right- of-Way Deed recorded in Volume 3651, Page 299 of the Harris County Deed Records, and the westerly right-of-way line of Kirby Drive (100' R.O.W.), described as Parcel 2 in a Right-Of-Way Deed recorded in Volume 3651, Page 299 of the Harris County Deed Records; THENCE ina northwesterly direction, a distance of 83.82 feet along the west right-of-way line of said Kirby Drive following. the are of said curve to the right baYing a radius of 119S.92 feet, a central angle of 04000'57" and a chord that bears N07042'52"W. 83.81 feet to the POINT OF BEGINNING of the hereindeseribed parcel; THENCE. S30000'OO''W, a distance of 157.90 feet along the south line of a 20' utility easement described by instrument recorded in Volume 1091. Page 253, Harris County Deed Records, to the north right-of-way line of said North Braeswood Boulevard; THENCE, S59014'OO"W, a distance of 40.95 feet along the north right-of-way line of said North Braeswood Boulevard; THENCE. N30000'OO''E, a distanee of 222.34 feet along the north line of said 20' utility easement, to the west right-of-way line of said Kirby Drive; THENCE in a southeasterly direction, a distanee of 34.99 feet along the west right-of-way line of said Kirby Drive following the arc of a curve to the left having a radius of 1195.92 (eet, a central angle of 01040'34" and a chord that bears S04052'06"E, 34.98 feet. to the POINT OF BEGINNING and containing 0.0872 acre of land ~ Walter J. Wilb Registered Professl Surveyor Texas RegistrationNumber 4936 8<1U61l L . 'Ibis dtscripcion is prepared ill c;oojla:Qon with a drawing of 0.0872 acre Of JaDd issued of evea date.' f I -...t "'-....__:'\ {Paga....a.--o .-L--tu..... fo'...Q....... BROWN & GAY ENGINEERS. INC. 11490 Westheimer. Suite 700 . Houston, Texas 77077 Phone: (281)5Ss..8700 - ....."3[::3. . J...l:JL.I: ___--.----,-__c-_._,_,___._._.___..___----.-'~'cr~'~""r."",,__'-,-,..,---.- S~nt by: Cole & Dougherty 713-880-1417 03/04/98 11: 16 i\t.. ,,~(JJ 'Jo'9' ..,p'J.. ~ tI...,.....,. ~...,~ "'~ -c\..~1C)..~.; ~. ~,'?,..,..C) .A ~. ~'J..1 ~,~ ~ ~ ~ ~ ~ I! lit dN~ ..:lj do ~~~ .. l'ii ~ j I Ii = 01'40'34- R - 119S.92' l - 34.99' CH= S04'S2'06-E 34.98' I 2O'~E-' l VOl~~"CIII~'e.." I _ SIrwt -.... I'Iat ~ 1 F1rn_~ ;,."") I ~I I !VI/....... tfll I~ I I"., <c, I I~ ~ .11 01 " .~, !~ ~, Ir> 0.0872 ACRE/ ~ ,:~t;j 3.799 Sq. ft. ~ , io I INfJ I ,'" I I 1 I I I I I .-t\ I ~,~ S ';)~ ..a9Jtj OO~ . 'i>~ .~ ~~~~~\) / \ ft~ ;v~a.' ..j.O<(:. .a.O\)~ .;;~# / \.' V ~. """. tp /" \ ~~,. /" ~cto'7 / \ / '-p.a.c. .x. InCClllCftlte nt Dre\1OUIlY .Qnd recoverecsllUfvey Job 70 Page 5/7 ! N ~ \,-~ / / ( \ \ \ ~ ~i~:: I 11.90 Weethelm.., Suite 700 HouRan, Texas nff17 Te!ephane; (281) 556-8100 EXHISlT ~ <Pa&e-Lot-L.tDtaIPQes) .. I GAY -... 0.0872 ACRE PLEASANT W. ROSE SURVEY, A-64S CITY OF HOUSTON HARRIS COUNTY, . TEXAS This drawlnQ Is prepared In conjmction with 0 legal ;.; DeKrlptl~ of 0.0872. Ac:rII of land Issued ar eveft dale - 1:"-09' '-.50" II '''''' CIVIL ElfGIHKERS &8URVE\'ORS 1IIIUII'OIf. 1IU8 I-~ ]~I~ NOV.,1Ile7 1 QUITCLAM DEED Date: Grantor: CITY OF WEST UNIVERSITY PLACE Grantor's Mailing Address (including county) : 3800 University Boulevard Houston, Harris County, Texas 77005 Grantee: TCRDAD KIRBY LIMITED PARTNERSHIP, a Texas limited partnership Grantee's Mailing Address (including county): 10333 Richmond Avenue, Suite 400 Houston, Texas 77042 Consideration: Ten dollars and other good and valuabie consideration. Property: A portion (approximately 3,799 square feet) of an easement for roadway, sewer lines and other purposes granted under instrument recorded in Volume 1091, Page 253 of the Deed Records of Harris County, Texas, which portion is described in Exhibit A, which is attached hereto arid incorporated herein by this reference, and illustrated.in Exhibit B, 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 Gran,tor I sheirs , 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. Exhibit C Page 1 of 2 L ~_....... ~ ,..1Ir.:] !LliJi:.f - ---"-r -""'r"~l~:rf':-7 ,,,-,.,,-.,-,---,-- -------------~ -. ---- ~erll uy; VU.l.~ ex UVUYrltWlY II~-UUV- ,-.." ~ V.,,;J J v...., O'Q I I . I . . -1:lII- .,. CITY OF WEST UNIVERSITY PLACE, TEXAS BY:~ Attest: (Seal) B~~ STATE OF TEXAS ~ COUNTY OF .~ This day of of (Seal \ .... .aVl y Public, State of ~ Notary's name (printed): Notary's commission expires: fXHit-.Slr C (Pale 2 of 2.. totatpages) r- , ..TIr" I I ~ I I II" I -- -- - -,-~Cl~:rf"-T~.7c"C.--