1993-09-27 Regular Meeting - Laserfiche WebLink

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REST FOR CITY COUNCIL AGEI~ ITEM Agenda Date Requested: September 27, 1993 Requested By: John Jcerns, Assistant City Manager Department: Administration Report Resolution XX Ordinance Exhibits: • Ordinance 93-1932 • Agreement between City of La Porte and Angel's Self Service, Inc. • Map Depicting Encroachment • Table of Estimated Expense/Value SUMMARY & RECOMMENDATION In January of this year Angel's Self Service, Inc. cleared their property adjacent to hole #10 at Bay Forest Golf Course. The clearing went beyond their property line approximately 40 feet into City property. The City contacted Mr. Angel to discuss damages to the City's property. Mr. Angel offered to deed to the City Lots 1-16, Block 1446 as compensation. His offer was contingent upon City releasing him of obligations for debris removal. In addition, Mr. Angel requested the City to close a sixteen (16) foot alley adjacent to Lots 9-24, Block 1446 (3,200 sq. ft.) and relinquish City's half to Angel. Council expressed their interest in pursuing this offer. However, prior to final agreement, Council instructed staff to secure an Environmental Site Assessment of the property conveyed to the City. ACER Environmental Systems performed an Environmental Site Assessment and follow up in place soil-gas survey. The Assessment found no evidence of dumping, storage, or of a release of hazardous materials. The soil samples found no contamination. Staff returned to Council with this information and was asked to finalize the negotiations. The proposed agreement between the City of La Porte and Bruce Angel includes: • the deeding of Lots 1-16, Block 1446 to the City of La Porte, • the agreement by the City to close a sixteen (16) foot alley adjacent to Lots 9-24, Block 1446, • the relinquishing of City's half of the alley adjacent to Lots 9-24, Block 1446, • the City recognizing encroachment of the fencing, porch and related unprovements and providing for termination of the encroachment upon 90 days written notice or August 9, 2003 whichever is sooner. Action Required by Council: Approve Ordinance 93-1932 authorizing City Manager to execute an agreement between the City of La Porte and Angel's Self Service, Inc. Said agreement sets forth the following: • Deeding of Lots 1-16, Block 1446 to the City of La Porte. • Closing of alley adjacent to Lots 9-24, Block 1446, and relinquishing City's half of alley. • Recognization of encroachment. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing XX Other (None required) Account Number: Funds Available: YES NO