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ORDINANCE NO. 2001-~5DD
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEYS IN BLOCKS
328 AND 329, TOWN OF LA PORTE, BARRIS COUNTY, TEXAS, AND A PORTION
OF THE RIGHT-OF-WAY OF NORTH 2ND STREET, TOWN OF LA PORTE, BARRIS
COUNTY, TEXAS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been
requested by record owner of all of the property abutting the
hereinafter described alleys in Blocks 328 and 329, Town of La
Porte, Harris County, Texas, and a portion of the right-of-way of
North 2nd Street, Town of La Porte, Harris County, Texas, to
vacate, abandon, and permanently close the alleys in Blocks 328 and
329, Town of La Porte, Harris County, Texas, and a portion of the
right-of-way of North 2nd Street, Town of La Porte, Harris County,
Texas; and
WHEREAS, the City Council of the city of La Porte has
determined and does hereby find, determine and declare that the
hereinafter described alleys in Blocks 328 and 329, Town of La
Porte, Harris County, Texas, and a portion of the right-of-way of
North 2nd Street, Town of La Porte, Harris County, Texas, are not
suitable, needed, or beneficial to the public as a public road,
street and alley, and the closing of the hereinafter described the
alleys in Blocks 328 and 329, Town of La Porte, Harris County,
Texas, and a portion of the right-of-way of North 2nd Street, Town
of La Porte, Harris County, Texas, is for the protection of the
public and for the public interest and benefit, and that the
hereinafter described alleys in Blocks 328 and 329, Town of La
Porte, Harris County, Texas, and a portion of the right-of-way of
North 2nd Street, Town of La Porte, Harris County, Texas, should be
vacated, abandoned, and permanently closed.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE.
Section 1. Under and by virtue of the power granted to the
City of La Porte under its Home Rule Charter and Chapter 253,
Section 253.001, Texas Local Government Code, the hereinafter
described alleys in Blocks 328 and 329, Town of La Porte, Harris
County, Texas, and a portion of the right-of-way of North 2nd
Street, Town of La Porte, Harris County, Texas, all as shown on the
plat attached hereto as Exhibit "A", incorporated by reference
herein and made a part hereof for all purposes, are hereby
permanently vacated, abandoned and closed by the City of La Porte,
to-wit:
TRACT ONE:
Being all of the alleys in Blocks Three Hundred Twenty-
eight (328) and Three Hundred Twenty-nine (329), Town of
La Porte, Harris County, Texas;
TRACT TWO:
That portion of the right-of-way of North 2nd Street
lying and being situated between Blocks Three Hundred
Twenty-eight (328) and Three Hundred Twenty-nine (329),
Town of La Porte, Harris County, Texas, and between the
north right-of-way of North "E" Street, and the south
right-of-way of West Barbours Cut Boulevard, SAVE AND
EXCEPT a sixty foot (60') wide drainage easement on said
Tract Two.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, rexas Government
Code; and that this meeting has been open to the public as required
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by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective upon full and
complete performance of the terms of a street and Alley Closing
Agreement executed between the City of La Porte and the owner of
Blocks 328 and 329, Town of La Porte, Harris County, Texas. In the
event all terms of said agreement are not fulfilled within ninety
(90) calendar days from the date of passage and approval, this
ordinance shall be deemed null and void.
PASSED AND APPROVED, this 13th day of August, 2001.
By:
c~ LA PORTE
No - -n "~ clL--
Mayor
ATTEST:
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M r ha A. Gillett
City Secretary
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EXIST. 8" SAN. SWR.
(TO BE RELOCATED)
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N.T.S.
WEST BARBOUR'S CUT BLVD.
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NORTH "E" STREET
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EXIST. DRAINAGE DITCH.
(RETAIN 60' WIDE
DRAINAGE EASEMENT)
PROPOSED CLOSING
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EASEMENT TO BE RETAINED BY CITY
EXHIBIT "A"
TO STREET AND ALLEY CLOSING
ORD.#
SAC 2000-03 .
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EXHIBIT NO.. 2
Street & Alley Closing Agreement
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STREET & ALLEY CLOSING AGREEMENT
THE STATE OF: TEXAS:
COUNTY OF HARRIS:
This agreement, made this 0li- "day of ~ 2001, by and between lhe Qly ofLa"Porle,
herein called "City", acting herein through its City Manager and Ameen Narsi, an individual, of La Porte, Harris County,
Texas, hereinafter called "Owner".
WITNESSETH
1. All references to "Alley Closing" hereunder shall, for the pwposes of this agreement, refer to vacating, abandoning and
closing of the alleys in Block 328 and 329, and the North 2nd Street Right-of-Way between Blocks 328 & 329, Town of
La Porte, Harris County, Texas.
(Re: CLP File No. SAC-2000-03 & CLP Ordinance No.
).
2. Owner is the owner of certain property in the City of La Porte, Harris County, Texas, identified as Blocks 328 & 329,
Town of La Porte, Harris County, Texas.
3. Owner has petitioned City to vacate, abandon and close the alleys of Blocks 328 & 329 and the North 2nd Street Right-
of-Way between Blocks 328 & 329, Town of La Porte, Harris County, Texas.
4. As a condition of passage and approval of an ordinance vacating, abandoning and closing of said alley, Owner shall be
responsible for the following:
· Owner shall submit plat of proposed subdivision of Owner's property for approval by City. Said subdivision
plat shall include dedication ofa ten foot (10') wide sanitary sewer easement, as shown on the attached
Exhibit "A", to facilitate the relocation of an existing eight-inch (8") sanitary sewer line from the alley of
Block 328, Town of La Porte.
· Owner shall be fully responsible for relocation of said eight-inch (8") sanitary sewer main from alley in Block
328, Town of La Porte to the aforementioned ten-foot (10') wide sanitary sewer easement to be dedicated by
Owner's subdivision plat This shall include the preparation and submittal of engineered drawings,
construction of new 8" sanitary sewer line, and acceptance of relocated 8" sanitary sewer line by City.
. As a result of unauthorized clearing conducted by Owner within the North "E" Street Right-of-Way, Owner
has compensated City $4,610 to plant trees.
5. City will inspect and approve all wolk performed under the terms of this agreement for compliance to City standards.
6. Owner shall have ninety (90) calendar days from the date of passage and approval of an ordinance closing the
aforementioned rights-of-way to fulfill all terms of this agreement.
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IN WITNESS WHEREOF, the Parties to these pIeSeDts have executed this agreement in several counterparts, each of
which shall be deemed an original, in the year and day first mentioned above.
(Seal)
CITY OF LA PORTE
ATIEST:
BY:
BY:
TITLE:
(City SecretaIy of La Porte)
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.t$~~.~.,~f.'<<'s MAHMOOD H. DAr.tANI
~ : . t I Notary Public. State or...
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BY: AJ,L~ ~ I\A
(Witness or Secretary of Corporation)
(Seal)
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BY:
Ameen NIII'Bi
(Owner)
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EXHIBIT "An
TO STREET/ALLEY CLOSING AGREEMENT
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SAC 2000-03
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REQUEST FOR CITY COUNCIL AGENDA ITEM
(presented and Tabled at the July 23, 2001 Council Meeting)
Aporopriation
Agenda Da~ Requested: Au2Ust 13. 2001
Requested By: DOU2 KneuooeA/
Department: Plannin2 U
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance with Exhibit "A"
2. Alley Closing Agreement
Budgeted Item: _YES -LNO
SUMMARY & RECOMMENDATION
Ameen Narsi ofNarsi, Inc. has petitioned the City to vacate, abandon and close the alleys in Blocks 328 & 329, Town
of La Porte and the North 2nd Street Right-of-Way between the Blocks 328 & 329. The purpose of his request is to
consolidate the lots and blocks of the subject properties to create a contiguous 5.4-acre tract of land.
In reviewing the closing request, Staff has detennined that an inactive 8" sanitary sewer line exists within the alley of
Block 329 and an active 8" sanitary sewer line exists within the alley of Block 328. Additionally, drainage facilities
exist within the North 2nd Street Right-of-Way (see Exhibit" A"). In order to address these issues, Staffhas determined
that the 8" line in the alley of Block 329 should be abandoned in place, a drainage easement should be retained within
the North 2nd Street Right-of-Way to facilitate existing drainage facilities, and the active 8" waterline in the alley of
Block 328 should be relocated to a dedicated easement on the applicant's property. All franchised utility companies
have received notification of the closing application and have responded to the applicant's request Reliant Energy,
Southwestern Bell and Time Warner Communications have each provided letters of no objection to the closing. Mr.
Narsi has entered into a Street & Alley Closing Agreement which requires submission of a subdivision plat, relocation
of the active 8" sanitary sewer line, and restoration of vegetation within the North "E" Street Right-of-Way.
In accordance with Ordinance No. 98-2225, Staff has arranged for an independent appraisal to be conducted for the
rights-of-way in question. As a result, the 1air maIker. value of the property has been assessed at $0.74 per square foot
The Gty has received compensation from the applicant for 36,800 square feet of public right-of-way in the amount of
520,424 (75% of fair uwket value per City ordinance). Mr. Narsi bas also submitted payment in the amount of $4,610
for the restoration of the North "En Street Right-of-Way.
Recommendation:
Staff recommends closing, vacating, and abandoning the alleys in Blocks 328 & 329, Town of La Porte and the North
2nd Street Right-of-Way between Blocks 328 & 329. Staff also recommends abandoning an existing 8" sanitary sewer
line in the alley of Block 329, retaining a 60' wide drainage easement within the North 2nd Street Right-of-Way and
execution of a Street & Alley Closing Agreement between Ameen Narsi and the City.
Action Required bv Council:
Consider a!!roval of an ordinance to vacate, abandon and close the alleys in Blocks 328 & 329, Town of La Porte and
the North 2 Street Right-of-Way between Blocks 328 & 329. Said ordinance to also authorize execution of a Street &
Alley Oosing Agreement with the applicant
Aooroved for Citv Council A2enda
CK~ T. t\~
Robert T. Herrera, City Manager
8. ~. 0 (
Date