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Home My WebLink AboutO-2003-2666 AINANCE NO. 2003- J. &I;~ e AN ORDINANCE VACATING, ABANDONING AND CLOSING THE HEREINAFTER DESCRIBED PORTION OF THE ALLEY IN BLOCK 12, BA YFRONT ADDITION TO 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 the record owner of Lots 19 through 29, Block 12, Bayfront Addition to La Porte, Harris County, Texas, to vacate, abandon, and permanently close the hereinafter described portion of the alley in Block 12, Bayfront Addition to 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 alley in Block 12, Bayfront Addition to 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 alley in Block 12, Bayfront Addition to 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 alley in Block 12, Bayfront Addition to 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 alley in Block 12, Bayfront Addition to La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: A portion of the alley in Block 12, Bayfront Addition to La Porte lying within and .situated between Lots 19 through 24 and portions of Lots 25 through 27, Block 12, Bayfront Addition to La Porte, Harris County, Texas, said portion of the subject alley containing 2,498.72 square feet as generally illustrated on Exhibit "A" attached hereto and made part of herein, and being further described as follows: BEGINNING at the northeast corner of Lot 24, Block 12, Bayfront Addition to La Porte, Harris County, Texas, said point also being located on the west right-of-way line of South Nugent Street; Ordinance No. 2003- ~ it'" e 2 THENCE, in a southwesterly direction along the north line of Lots 19 through 24, a distance of 156' to point for corner, said point being located at the northwest corner of Lot 19, Block 12, Bayfront Addition to La Porte; THENCE, in a northwesterly direction, crossing the alley in Block 12 along the projected west line of Lot 19 to a point of intersection with the south line of Lot 25, a distance of 16' to the north line of said aUey; THENCE, in a northeasterly direction along the north line of said alley and portions of the south lines of Lots 25 through 27, a distance of 156' to point for corner, said point being located on the west right-of-way line of South Nugent Street; THENCE, in a southeasterly direction, along the west right-of-way line of South Nugent, a distance of 16' to POINT OF BEGINNING. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject ofthis 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 Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. As a condition of passage and approval of this ordinance, the City Council also authorizes the abandonment of an existing 8" sanitary sewer line located within the subject alley and as such, said 8" line will no longer be maintained by the City up to the manhole in the S. Nugent Street Right-of-Way as shown on Exhibit "A". As an additional condition of passage and approval of this ordinance, the applicant is hereby required to replat his property (Lots 19 through 29, Block 12, Bayfront Addition to La Porte) to include the subject alley. Applicant shall have ninety (90) calendar days from the date of passage and approval of this ordinance to submit said replat to the City of La Porte Planning Department for review and approval. Should applicant not submit replat of property within the stipulated time period, this ordinance shall be declared null and void. Ordinance No. 2003- JlolJ' . 3 PASSED AND APPROVED TBlS 13th DAY OF OCTOBER 2003. CITY OF LA PORTE By: ;[!PJ?~~ Norman L. Malone, Mayor ATTEST: Lfr;mh~~ Martha Gillett, City Secretary APPROVED: } (JU-cJ d~ Knox W. Askins, City Attorney REQulT FOR CITY COUNCIL AG'DA ITEM Appropriation Requested By: Source of Funds: N/A Agenda Date Requested: Account Number: N/A Department: Plannin Report: _Resolution: _Ordinance: l Amount Budgeted: N/A Amount Requested: Exhibits: 1. Internal Guidelines for Review 2. Closing Ordinance 3. Area Map Budgeted Item: _YES -LNO SUMMARY & RECOMMENDATION Mr. Tony Gonzales bas petitioned the City to vacate, abandon and close a portion of the alley in Block 12 of the Bayfront Addition. The purpose of Mr. Gonzales' request is to join two individual tracts of land he owns in Block 12 (Lots 19-24 and Lots 25-29) by acquiring the alley that bisects these tracts (see Exhibit A of Ordinance). In reviewing the closing request, the Public Works Department has detennined that an existing 8" sanitary sewer line is located within a portion of the subject alley and recommends the line be abandoned as part of the closing request Each franchised utility company (i.e. Centerpoint, SBC & Time Warner) has received notification of the closing application and have responded with letters of no objection. In accordance with Ordinance No. 98-2225, Staff has arranged for an independent appraisal to be conducted of the alley in question. As a result, the fair market value of the property has been assessed at $1.25 per square foot The City bas received compensation in the amount of $2,342.55 (75% of Fair Mmket Value as per the ordinance) for the subject closing containing 2,498.72 square feet Recommendation: Internal guidelines list the closing of partial rights-of-way where landowners (single family type) request a partial closure solely for land acquisition (i.e. additional yard) as a considemtion for denial (see attached guidelines). Careful consideration of this individual case was given due to the fact that the closing does not adversely affect existing or future access to public utilities by adjacent landowners in the block and does not impede future comprehensive plan considerations of the City. The decision to close the subject portion of the alley is presented to Council without staff's positive recommendation as we typically discourage partial closings. However, we see no long-term adverse impact to the City for this individual case. Should Council favor closing the alley as petitioned by the applicant, it is recommended that the aforementioned sanitary sewer line within the subject alley be abandoned from the existing sanitary sewer manhole in the S. Nugent St Right-of-Way. This sanitary sewer line selVes only the applicant's property and ownership and maintenance of the subject line will revert to the applicant and will no longer be maintained by the City. Action Required of Council: ~ )~/8/0..3 , / Dafe