O-2009-3140 Passed/closing portion of South 15th Street Right-of-Way

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REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Mav 11. 2009 Source of Funds: N/A Requested By: Alton Porter Account Number: N/A Department: Mavor's Office Amount Budgeted: N/A Report: _Resolution: _Ordinance: l Amount Requested: Exhibits: 1. Ordinance 2. Area Map Budgeted Item: _YES ....LNO SUMMARY & RECOMMENDATION The City has received an application from Mr. Ted Cortez to vacate, abandon and close the S. 15th Street Right-of-Way between Blocks 753 & 754, Town of La Porte and the southernmost 300' of the alley in Block 754. The applicant desires to close the subject rights-of-way to facilitate expansion of his business, Durco, Ltd., at 225 S. 16th Street. Current City guidelines discourage 'partial' right-of-way closings. Accordingly, Staff advised the applicant of the need to obtain consent from the sole adjacent owner within the block (Lots 29-32, Block 754). The applicant has contacted the owner on several occasions to obtain consent and to purchase the property. The adjacent owner has subsequently refused to participate or to provide consent. Therefore, Staff requests Council's consideration of a partial alley closing in this specific case. City Staff and its franchised utility companies (i.e. Centerpoint Energy, AT&T & Comcast) have each reviewed the applicant's request and have expressed no objection to closing of the subject right-of-way and alley. In accordance with Section 62.35 of the City's Code of Ordinances, an independent appraisal has been conducted of the S. 15th Street Right-of-Way (2,400 sq. ft.) and the southernmost 300' of the alley in Block 754 (4,800 sq. ft.). Fair market value has subsequently been assessed at $0.90 per square foot for which the City has received payment in the amount of$19,440 (75% of Fair Market Value per the ordinance). Upon approval of the subject closings by Council, Mr. Cortez will replat his entire properties to include the closed rights-of-way. Action Required of Council: nSl er approval of an ordinance to vacate, abandon, and close the S. 15th Street Right-of-Way betwe Blocks 753 & 754, La Porte, and the southernmost 300' of the alley in Block 754, La Po e. ager ~~ ~'1 Date