HomeMy WebLinkAboutO-2004-2775
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ORDINANCE NO. 2004- ~ '7 '7 5"
AN ORDINANCE V ACA TING, ABANDONING AND CLOSING A PORTION OF
THE WEST "C" STREET RIGHT-OF-WAY, TOWN OF LA. PORTE, BARRIS
COUNTY, TEXAS; RETAINING AN EASEMENT FOIt FUTURE WATER
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FACILITIES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE IlEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by the
record owner of Lots 9 through 16, Block 21, Town of La Porte, said property abutting
the northernmost portion of the hereinafter described West "COO Street Right-of-Way,
Town of La Porte, Harris County, Texas; to vacate, abandon, and permanently close the
hereinafter described portion of the West "COO Street Right-of-Way, 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 portion of the West "COO
Street Right-of-Way, Town of La Porte, Harris County, Texas, is not suitable, needed, or
beneficial to the public as a public road, street, or alley, and the closing of hereinafter
described portion of the West "COO Street Right-of-Way, 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 portion of the West "COO Street Right-of-Way, Town of
La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed.
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 portion of the West "COO Street Right-of-Way, Town of La Porte,
Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City
of La Porte, to wit:
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The westernmost (60' x 125') portion of the West "C" Street Right-of-Way situated
between Block 4, Town of La Porte and Block 21, Town of La Porte, Harris County,
Texas, containing seven thousand five hundred (7,500) square feet as generally
illustrated on Exhibit "A" attached hereto and made part of herein; Provided,
however, the City of La Porte saves and excepts a public utility easement for the
exclusive use and benefit of the City of La Porte. Said public utility easement shall
be further subject to the provisions and restrictions contained in Sections 2,3, & 4 of
this ordinance, and is further described as follows:
BEGINNING at the northeast corner of Lot 1, Block 4, Town of La Porte,
THENCE in a westerly direction along the north line of Lot 1, Block 4, Town of La
Porte said line also being in the south right-of-way line of West "C" Street, a
distance of 125' to a point at the northwest corner of Lot 1, Block 4, Town of La
Porte. Said point being located in the east right-of-way of S.H. 146;
THENCE in a northerly direction along the projected east right-of-way line of S.H.
146 a distance of 10' to a point for corner;
THENCE in easterly direction along a line 10' north of and parallel to the south line
of the West "C" Street right-of-way a distance of 125' to a point for corner;
THENCE in a southerly direction along the projected east line of Lot 1, Block 4,
Town of La Porte a distance of 10' to Point of Beginning of the herein described
waterline easement.
Section 2. The City of La Porte, for itself, its successors and assigns, shall have the
perpetual right, privilege and easement, with appropriate rights of ingress and egress and
reasonable working area for construction and maintenance, to enter upon and construct,
reconstruct, maintain, operate, inspect, replace, restore, repair, and remove public utility
facilities, together with all necessary improvements in, over, under, through, and across
the public utility easement described in Section 1 of this ordinance.
Section 3. No building, awning, overhang, paving, or other structure may be placed
on, over, or across the public utility easement described in Section 1 of this ordinance.
Provided, however, nothing in this paragraph shall prevent the right of the owner of said
property to landscape or otherwise use the surface of said public utility easements so long
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as such use is not inconsistent with the rights of the City of La Porte as described in
Section 2. The City of La Porte shall not be obligated to restore or repair any such
landscaping or other improvements disturbed, damaged, or removed by the exercise of
such public utility rights and privileges described in Section 2.
Section 4. The public utility easements retained in Section 1 and the provisions and
restrictions contained in Sections 2 & 3 of this ordinance may be redefined by mutual
agreement between the property owner and the appropriate franchised utility and or the
City of La Porte.
Section 5. 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, Texas Government Code; and that this meeting has been open to the public
as required 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
This ordinance shall be effective from and after its passage and approval,
and it is so ordered.
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PASSED AND APPROVED, THIS 23!iDAY OF t1Pt . 2004.
CITY OF LA PORTE
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By:
Alton Porter, Mayor
ATTEST:
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Knox W. Askins, City Attorney
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Portion of West "c" St.
To Be Closed
(7,500 Sq.Ft.)
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EXHIBIT NO.2
Area Map
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EXHIBIT NO.3
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EXHIBIT NO.1
Ordinance
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Au2Ust 23. 2004
Source of Funds: N/A
Requested By: John Joerns
Account Number: N/A
Department: Plannine
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
3. Front Elevation View
Budgeted Item: _YES ....x....NO
SUMMARY & RECOMMENDATION
The City has received an application from Bryan D. Gwin to vacate, abandon and close a portion of the
West "c" Street right-of-way, Town of La Porte. The purpose of this request is to facilitate future extended
development of Mr. Gwin' s current commercial business, Boats Etc.
In reviewing the application, the Public Works Deparbnent has indicated that no existing City utilities are
located within the subject alleys, but recommends retaining a 10' public utility easement on the
Southernmost right-of-way line of West "c" Street to facilitate future extension of a water line to provide
increased fire protection to the area. Additionally, each of the City's franchised utility companies (i.e.
Centerpoint Energy, SBC & Time Warner Communication) has received notification of the closing and has
submitted letters of no objection. The City has also received consent from each adjacent landowner to the
portion of the right-of-way wishing to be closed.
In accordance with Ordinance No. 98-2225, Staffhas arranged for an independent appraisal to be conducted
of the right-of-way in question. As a result, the fair market value of the subject property has been assessed
at $3.97 per square foot. The City has received compensation in the amount of $21,090.63 (75% of Fair
Market Value Surrounding the Easement and 50% of Fair Market Value Within the Easement) from the
applicant for the closing, which contains a total of7,500 square feet.
Recommendation:
Staff recommends that City Council authorize vacating, abandoning, and closing the portion of the West
"c" Street right-of-way between Blocks 4 and 21 Town of La Porte as petitioned by the applicant.
Action Required of Council:
Consider approval of ordinance to vacate, abandon, and close the portion of the West "c" Street right-of-
way between Blocks 4 & 21, Town of La Porte.
2-/7 -of
Date
Debra Brooks Feazelle, City Man