HomeMy WebLinkAboutO-2002-2534
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ORDINANCB NO. 2oo~-~34
AN ORDINANCB VACATING, ABANDONING AND CLOSING THB ALLBYS IN BLOCKS
328 AND 329, TOWN OF LA PORTB, HARRIS COUNTY, TBXAS, AND A PORTION
OF THB RIGHT-OF-WAY OF NORTH 2ND STRBBT,TOWN OF LA PORTB, HARRIS
COUNTY, TBXAS; FINDING COMPLIANCB WITH THB OPBN MBBTINGS LAW; AND
PROVIDING AN BFFBCTIVB DATB HBRBOF.
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 ci ty Council of the ci ty 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 ~ounty, 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 XT ORDAXNED BY THE CXTY COUNCXL OF THE CXTY 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 NOr'~h 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
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ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas 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 execution 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 14th day of January, 2002.
By:
ATTEST:
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Mar a A. Gillett
City Secretary
~/d
Knox W. Askins
City Attorney
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EXIST. 8" SAN. SWR.
(TO BE RELOCATED)
M.H.
N.T.S.
WEST BARBOUR'S CUT BLVD.
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EXIST. 8" SAN. SWR.
(TO BE ABANDONED)
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(f) PROP. 8" SAN. SWR.
(RELOCATED)
NORTH "E" STREET
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PROPOSED CLOSING
EXIST. DRAINAGE DITCH. 0
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DRAINAGE EASEMENT) N
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EXHIBIT "A"
TO STREET AND ALLEY CLO$ING
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EASEMENT TO BE RETAINED BY CITY
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SAC 2000-03
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EXHIBIT NO.2
Street & Alley Closing Agreement
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1
STREET & ALLEY CLOSING AGREEMENT
THE STATE OF TEXAS:
COUNTY OF HARRIS:
This agreement, made this J ~ day of ~ 2002, by and between the City of La Porte,
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 purposes of this agreement, refer to vacating, abandoning and
closing of the alleys in Block 328 and 329, 3nd 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, ~OD~ ' ~5?J l/
).
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 3i8 & 329 and the North 2nd Street Right-
of-Way between Blocks 328 & 329~ Town of La Porte, Hanis 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 of a 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 $4,610 to plant trees,
5, City will inspect and approve all work performed under the terms of this agreement for compliance to City standards,
6. Owner shall have ninety (90) calendar days from the date of passage and approval of an ordinance closing the
aforementioned rights-of-way to fulfill all terms of this agreement.
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IN WITNESS WHEREOF, the Parties to these presents have executed this agreement in several counterparts, each of
which shall be deemed. an original, in the year and day first mentioned above.
(Seal)
A1TEST:
BY:vf(bP J tJi~ tJ. .)1 dttiI
( Ity SecretaI)' of La Po~)
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$'~~~~.'~y.~<) MAHMOOD H. DAMAN I
!! € i i Notary Public! S!8te rI ".,
~~ ... ;~', MV Commission E~s
....?,.".~.... November 13, 2d'4
BY: M
(Witness or SecretaIy of COlpOration)
(Seal)
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BY:
Ameen Nani
(Owner)
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EXIST. a" SAN. SWR.
(TO BE RELOCATED)
WEST BARBOUR'S CUT BLVD.
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NEW
EXHIBIT "A"
TO STREET/ALLEY CLOSING AGREEMENT
AREA SUBJECT TO RE T RATION
SAC 2000-0J
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EXHIBIT NO.3
Memorandum from Councilman Warren
To City ManClger
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TO: City Manager
FROM: Councilman James A. Warren
SUBJECT: Addition to Agenda '
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20 December 2001
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ASST. erTl' MANAGER i
OFFICE 1
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Request an'item that was'recently disapproved.by City Cou~l!cil be placed backed on the
agenda. This item concerned an alley closing in District 4. This item was rejected
because it did not meet zoning requirements. The owner/developer has meet with the
community and assured them, they will get with the city and follow all zoning
r~quirements. The developer will get with the Planning Section and make all the .
necessary preparations before council meeting. The necessary signatures are listed below
for this action to happen.
Sincerely.
.0~qrW~
JAMESA. WARREN
District 4 Councilmember
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