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<br />REQUEST FOR CITY COUNCIL AGENDA ITEM <br /> <br />Appropriation <br /> <br />Agenda Date Requested: December 13.2010 <br /> <br />Source of Funds: N/A <br /> <br />Requested By: Tim Tietiens <br /> <br />Account Number: N/A <br /> <br />Department: Plannine: <br /> <br />Amount Budgeted: N/A <br /> <br />Report: _Resolution: -X-Ordinance:_ <br /> <br />Amount Requested: <br /> <br />Exhibits: <br />1. Resolution <br />2. Original Deed to City from M.K. Bercaw, Jr. <br />3. Title Commitment (from Stewart Title) <br />4. Area Map <br /> <br />Budgeted Item: _YES -X....NO <br /> <br />SUMMARY & RECOMMENDATION <br /> <br />Staff has received a request from the owner of Lots 8 & 9, Block 46, Bayfront Addition, to purchase the <br />adjacent Lot 10 from the City for the future construction of a home on lots 8, 9 & 10 of the block. <br /> <br />l <br /> <br />Staff's research determined that Lot 10, Block 46, Bayfront Addition, was conveyed to the City by deed <br />from M.K. Bercaw, Jr. in November of 1987 (Re: HCCFNo. L441889, See Exhibit No. 2, attached). <br /> <br />Mr. Bercaw's deed to the City contained the following statement; "TO BE USED BY THE PUBLIC FOR <br />ANY PURPOSE AS SEEN FIT BY THE CITY OF LA PORTE, TEXAS." Staff contacted the City <br />Attorney's office for clarification as to whether or not this language precludes the City from selling the lot <br />as a surplus property to a private party by requiring its use to be public. <br /> <br />The City Attorney's offices coordinated with Stewart Title Company who determined that the City has good <br />marketable title to the lot and issued a title commitment to the property. <br /> <br />The attached resolution for Council's consideration aftmns that the City has no present or future public use <br />of the lot and thereby authorizes its sale. <br /> <br />Recommendation: <br /> <br />Staff recommends Council's passage and approval of a resolution authorizing the sale of Lot 10, Block 46, <br />Bayfront Addition through public bid. <br /> <br />Action Required of Council: <br /> <br /> <br />resolution finding the City has no present or future use of Lot 10, Block 46, Bayfront Addition <br />zing the sale of said lot through the public bidding process. <br /> <br />It h lID <br /> <br />Ron Bottoms, City Manager <br /> <br />Date <br />