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HomeMy WebLinkAboutO-2002-2534 " ... "-. ," ; . . ':C 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. . . ;. 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 - , 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 2 e e 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: '-:!Jl Nii~4.;&j4/ Mar a A. Gillett City Secretary ~/d Knox W. Askins City Attorney 3 . . EXIST. 8" SAN. SWR. (TO BE RELOCATED) M.H. N.T.S. WEST BARBOUR'S CUT BLVD. M.H. . . I-- l- I-- z (f) , lLJ .......... (f) ~5 0 ~Q. I-- Ct:: 3 9 3 8 ~ (f) .m n a::: ....-- ~o U')lLJ ::c .~ ::c zu I-- (1$8 I-- Ct:: _ 0 Ct:: 0 ~lLJ 0 :z m :z 0.0 01- a::: '-' Q. EXIST. 8" SAN. SWR. (TO BE ABANDONED) . I-- (f) PROP. 8" SAN. SWR. (RELOCATED) NORTH "E" STREET M.H. PROPOSED CLOSING EXIST. DRAINAGE DITCH. 0 (RETAIN 60' WIDE :z DRAINAGE EASEMENT) N ::c I-- Ct:: o :z EXHIBIT "A" TO STREET AND ALLEY CLO$ING ORD.# , I EASEMENT TO BE RETAINED BY CITY I II SAC 2000-03 e e EXHIBIT NO.2 Street & Alley Closing Agreement e e 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. ,.' e 2 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~) .-!.....",1. $'~~~~.'~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) ~ .:1-- ~ 1" ~ ~ BY: Ameen Nani (Owner) e e EXIST. a" SAN. SWR. (TO BE RELOCATED) WEST BARBOUR'S CUT BLVD. tii o e::: I"") :::c l- e::: o :z 3 8 . I- (f) PROP. a" SAN. SWR. (RELOCATED) o z: N :I: l- n:::: o z: ~ 1-0.. ZZ wQ ;:Een w~ (1)0 L5~ .en ~- ~ffi (l)Z ~ .0 ~~ (1)0 ~3 5 .w Q.O OW ~m Q.o e NJ.S. M.H. tii tn :::c l- e::: o :z NEW EXHIBIT "A" TO STREET/ALLEY CLOSING AGREEMENT AREA SUBJECT TO RE T RATION SAC 2000-0J e e EXHIBIT NO.3 Memorandum from Councilman Warren To City ManClger e TO: City Manager FROM: Councilman James A. Warren SUBJECT: Addition to Agenda ' e 20 December 2001 fDJ & (; & U 'If] & rnJl lJO Dee 2 6'. ~JI I J ASST. erTl' MANAGER i OFFICE 1 ---" 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 ~\ b~.3 e,? J1)6U-t