01-09-12 Regular Meeting of La Porte City Council

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REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 9, 2012 Requested By: Tim Tietiens Department: Planning Report: Resolution: Ordinance: X Exhibits: 1. Ordinance 2. Deed to Grantee 3. Area Map Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: _YES X NO SUMMARY & RECOMMENDATION The City has received application from Port Modal Centre, L.P. to vacate, abandon and close a residual portion of the North 8 "' Street Right -of -Way between Lots 27 & 28, Nebraska Syndicate (see Area Map). In June 1989, Harris County Flood Control District acquired portions of the North 8 "' Street Right -of -Way for improvements to the 1 watershed. These acquisitions left a 0.6924 acre tract remaining within the North 8 "' Street Right -of -Way. Port Modal Centre, L.P. desires to close this remaining tract to unifi- its propeity for future platting and development. While development of the building pad is currently undenvay, the portion affected by this right of way is not yet permitted and has only been granted conditional approval through the site plan. Staff has reviewed the closing request and determined that an existing 6" sanitaiv sewer force main exists within the closing area. Therefore, a 10' sanitaiv sewer easement has been reserved as part of the closing ordinance. Additionally, the City s franchised utility companies (Centeipoint Energy, AT &T and Comcast) have each reviewed the request and expressed no objection to the closing. In accordance with Section 6235 of the Code of Ordinances, Staff has ordered an independent appraisal of the tract in question to determine its fair market value. The appraisal determined the fair market value of the 0.6924 acre tract to be $4.25 per square foot. The City has subsequently received payment from the applicant in the amount of $96,138 (75% of Fair Market Value per the ordinance) for the closing. Staff recommends closing the residual 0.6924 acre tract within the North 8 "' Street Right -of -Way, retaining a 10' wide sanitaiv sewer easement within the tract, and issuing a deed to Port Modal Center, L.P. for the subj ect tract. Action Required of Council: Approve an ordinance vacating, abandoning, and closing a 0.6924 acre tract between Lots 27 & 28, Nebraska Syndicate; retain a 10' wide sanitaiv sewer easement within said tract; and issue a deed to the Port Modal Centre, L.P. for the residual 0.6924 acre tract of land located within the subject right -of -way. Approved for City Council Agenda Steve Gillett, Interim City Manager Date