2000 01-17 Special Called Workshop Meeting

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City of La Porte December 6, 1999 Page 2 .SKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW As we~discussed, I think it would be wise to have informal public hearings on each street-end to be developed. Possible Sale of Street-End Rights-of-Wav The vacating, abandoning, and closing of streets and alleys in the City of La Porte, is governed by Chapter 62 of the Code of Ordinances of .the City of La Porte, which, in turn, is closely modeled upon applicable provisions of state law. On the street- ends which the City determines not to develop as parks, I would suggest that the City contact the abutting property owners on each side, to determine whether they would be interested in having the City vacate, abandon and close the applicable street right-of-way, under the terms and provisions of the City Code of Ordinances. Of course, the City could not compel the abutting owners to purchase the property, if they did not wish to do so. Assuming that one or both abutting property owners of a street-end, elect not to petition for the abandonment of such street-end right- of-way, you have requested my opinion as to whether the City could sell this right-of-way to third parties. The streets in question were all created by dedication in subdivision plats, which are recorded in the Harris County Clerk's office. The City of La Porte does not own the fee, or entire title to these streets, but rather, owns an easement, which is superimposed upon the fee simple title, which easement is for public purposes, as stated above, for ingress and egress by vehicular and pedestrian traffic, and for use by public utilities. This easement exists on the surface, the immediate subsurface, and the immediate aerial area above the surface. When the City Council, pursuant to the terms of Chapter 62 of the Code of Ordinances, vacates, abandons, and closes a street right-of-way, the legal effect is that the City is vacating its easement, which then perfects the fee simple title of the abutting property owners. This is measured to the center line of the street, with each abutting property owner then acquiring full fee simple title to the one-half portion of former street right-of-way which abuts its property. Therefore, it is my opinion that the City of La Porte has no interest to sell to any third party, other than the sale of its street right-of-way easement by abandonment proceedings, to the abutting property owners. See Section 69-35, subparagraph (2), Code of Ordinances, City of La Porte.