HomeMy WebLinkAboutOrd 1509 - authorizing abandonment of portion of easement
From, JAMES DOUGHERTY To, M..'S'5f'S. Tann..r & M..nvill.. Oat.., 6124/95 Tim..' 02,08,53
Pag.. 2 of 6
ORDINANCE NO. 1509
AN ORDINANCE AUTHORIZING THE ABANDONMENT OF A
PORTION OF AN EASEMENT; AUTHORIZING A QUITCLAIM
DEED; CONTAINING FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT; AND DECLARING AN EMERGENCY.
WHEREAS, Kenneth & Sandra Kuttner (reterred to in the singular
for convenience.), being the sole abutting property owner, has requested
that the City quitclaim a portion of the easement described in this
ordinance; and
WHEREAS, the City Council fInds and determines that such portion
IS not needed and that ahandoning it will he in the puhlie interest; and
WHEREAS, the casement has been appraised by an appraiser
obrained by the City, whose written appraisal repon has been filed with
Cily Council un<.1 Luken inlo eOllili<.1erulion by il in <.1elennining lhe uelion
herein taken;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS:
Section 1. The City Council hereby: (a) authorizes the abandonment
of a portion of the easement described in Exhibit A, attached hereto and
made a part hereof, such portion being determined by the City Manager
based upon the amount needed by the abutting owner, provided that, after
the abandonment, the portion of the casement retained is at least 3 feet
wide at its narrowest point (combined width of the easement on the
affecte,d building site and on the adjoining building site) and (b) authorizes
the quitclaiming of said portion to the above-named property owner for the
consideration of $ 1..Q.........QJ. per square foot. Neither the abandonment
nor the quitclaim may take efect until the consideration is receiveD.
Section 2. The City COlU1Cil hereby authorizes the City Manager to
~rom: JAMES DOUGHERTY To: Messrs, Tanner & Menvllle Date' 6/24195 Time: 02:09:59
Page 3 of 6
execute and deliver a declaration of abandonment and quitclaim deed for
this purpose and subject to tltis ordinance, in substantially the form shown
in Exltibit A, attached.
Seclion 3. All ordinances and pans of ordinances in conilicl
herewith are hereby repealed to the extent of the conflict only.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
circllillstance, 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
circwnstances, shall be affected thereby.
Section 5. The City Council officially fmds, 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 confmns 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 fmally at this
meetmg. Accordmgly, tills ordmance shall be adopted tmally on hrst
reading and shall become effective immediately upon adoption and
signature.
From: JAMES DOUGHERTY To: Messrs. Tanner 8. Menville Date: 6/24/95 Time: 02:11:01
PASSED AND APPROVED this
, 19
Attest:
City Secretary
City Attorney
~
Signed:
Page 4 of 6
day of
~~
Mayor
From: JAMES DOUGHERTY To: Messrs. Tanner &. Menvate
Date: 6/24/95 Ti~: 02:11:31
Pa9<' 5 of 6
EXHIBIT A
DEC~TION OF ABANDONMENT AND QUITCLAM
Date:
Grantor:
CITY Of WEST UNIVERSITY PLACl
Grantor's Mailing Address (including county)
3800 University Boulevard
Houston, Harris County, Texas 7700~
Grantee:
Gr.ntQQ'S M.iling AddrQSS (including county)
Consideration:
Ten dollars and other good and valuable consideration.
Property: A portion of an easement for public purposes along the
west side of Lot 10, Block 3, Evanston Addition,
according to the map or plat thereof recorded 1n Volume
IS, Page SO of the Map Records of Harris County, Texas
(which lot is sometimes referred to as 2035 Sunset
Boulevard), WhiCh portion 1S described 1n Exh1b1t B,
which is attached hereto and incorporated herein by
UI1.::> U::: [eu:::1 I,--e, dllU 1.11u::,LLdLeu 1.11 E..x.ll1.ui I C, Wll1.,--1t -'-'=>
attached hereto and incorporated herein by this
reference.
Grantor declares the property abandoned by Grantor. For the
conSideration Grantor quitclaims to Grantee all of Grantor's
right, title, and interest in and to the property, to have and to
holrl It to GrClntpp, GrClntpp's hpirs, PXp,IJtors, ClrlministrClL'r"s,
r:lJC'-.essors, or ::lssir::jnc:: [,rever. Neither r:r,')ntor nor [r,')ntne':::;
heirs, executors, administrators, successors, or asslgns shall
have, claim, or demand any right or title to the property or any
part of lt, and Grantor declares it to be abandoned.
When ltie c0nte:.:l re~lu1res, sin',)ular IlvUIIS cHid [JL0nvurlS
'rlL.ue' the olural
From: JAMES DOUGHERTY To: Messrs. Tan""r & Menville
Date: 6/24/95 Time: 02:12:23
Page 6 of6
CITY OF WeST UN I VEf\S TY F-'LACE, TEXAS
bY:
J\ttest:
(Seal)
By:
STATE Of TEXAS
~
COUNTY OF
')
This instrum~nt was acknowl~dg~d b~for~ m~ on th~
day of by
as
West University Place, Texas.
of the City of
(Seal)
Notary Public, State of Texas
Notary's name (printed):
Nnt~ry's ~nmmissinn pxri rps:
AFTER RECORDING RETURN TO: