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HomeMy WebLinkAboutO-2007-2971 close alley Blks 349,351,352 & portions of North 1ST Street and North ā€œGā€ Street R.O.Ways ORDINANCE NO. 2007- A 711 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEYS IN BLOCKS 349, 351, AND 352 AND PORTIONS OF THE NORTH 1ST STREET AND NORTH "G" STREET RIGHTS-OF-WAY, AND ABANDONING IN PLACE EXISTING PUBLIC SANITARY SEWER LINE CONTAINED WITHIN SAID RIGHTS-OF-WAY, TO THE NORTH BOUNDARY LINE OF BARBOUR'S CUT BOULEVARD; TOWN OF LA PORTE, HARRIS 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 all of the property abutting the hereinafter described alleys in Blocks 349, 351, and 352 and portions of the North 1St Streetand North "G" Street Rights-Of-Way, Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close the hereinafter described alleys in Blocks 349, 351, and 352 and portions of the North 1St Street and North "G" Street Rights-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 alleys in Blocks 349, 351, and 352, Town of La Porte, Harris County, Texas, and portions of the North 1 St Street and North "G" Street Rights-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 alleys in Blocks 349, 351, and 352 Town of La Porte, Harris County, Texas, and portions of the North 1 St Street and North "G" Street Rights-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 alleys in Blocks 349, 351, and 352, Town of La Porte, Harris County, Texas, and portions of the North 1 St Street and North "G" Street Rights-Of-Way, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. Furthermore, the existing public sanitary sewer line which runs north from Barbour's Cut Boulevard to North "G" Street, thence East on North "G" Street to the alley in Block 351 and thence North through the alley in Block 351 shall, as part of the aforementioned closures of said alleys and street rights-of way, be likewise vacated and abandoned, to the North Right-Of-Way line of Barbour's Cut Boulevard. 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 and Rights-Of-Way, are hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: The entire alley located in Blocks 351 and 352, Town of La Porte, Harris County, Texas, with said alleys being located within and situated between Lots 1 through 16 and Lots 17 through 32 within Blocks 351 and 352, Town of La Porte, Harris County, Texas, and each containing six thousand four hundred (6,400) square feet as shown on Exhibit "A" attached hereto and made part of herein; The entire alley located in Block 349, Town of La Porte, Harris County, Texas, with said alley being located within and situated between Lots 1 through 15 and Tract 16A and Tract 17A and Lots 18 through 32 within Block 349, Town of La Porte, Harris County, Texas, containing six thousand eighty (6,080) square feet as shown on Exhibit "A" attached hereto and made part of herein; That portion of the North 1st Street Right-Of-Way, Town of La Porte, Harris County, Texas, being located between the Northernmost Right-Of-Way line of Barbours' Cut Boulevard to its intersection with the Southernmost Right-Of-Way line of North "H" Street, Town of La Porte, Harris County, Texas, containing fifty thousand seven hundred (50,700) square feet as shown on Exhibit "A" attached hereto and made part of herein; and That portion of the North "G" Street Right-Of-Way, Town of La Porte, Harris County, Texas, being located between the Easternmost Right-Of-Way line of North 2nd Street to its intersection with the Westernmost Right-Of-Way line of North Broadway, Town of La Porte, Harris County, Texas containing thirty-five thousand five hundred and twenty (35,520) square feet as shown on Exhibit "A" attached hereto and made part of herein. 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, 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. PASSED AND APPROVED, THIS 12th DAY OF FEBRUARY, 2007. CITY OF LA PORTE By: () . I. .A""'Il. Alto~~ ATTEST: LfJ1 t1ttitL oit hi Martha Gillett, City Secretary APP~D: t ~J:~ Clark Askins, City Attorney EXHIBIT 2 AREA MAP ,. \ () ~ <'- r ~ ::j (f) NORTH H STREET " t ,. ~ 3: /~/ ~ ~tJ 0 .W 0:: .0:: co .. t; ') A :I: 3 2 .f- f- 00 -v' , I 0:: ..,.. 0 ,:I: 2 '\;2 ~ ~ ...0. '2 r----. >:" ~ ~ \jj ;/; W '.. 0:: ~;;~ fi;~; .'///.////' '/ '//-/ // '.~' ~ ~,..--~~.~~'_.._,. r- OO i;/<})/?~ . /'/~<~; :,;';/'/ ~ ~ 0 2 } i/ ~ ,c_1~1! N I :I: ~ll ,;. :1 \;2 0 .,'. c... 2 :>~ 1". 3~ 9 :; 3 aO . -: ---> i ';~;, <D ~ " ;;;; .l ci i! >: 0:: . ! 0 ..- EAST BARBOURS CUT BOULEVARD I---- \jj W 0:: \jj r- oo w 0{ 0:: r- 3: 00 Q 0 0:: :I: C'l \;2 :I: \;2 0 2 0 2 NORTH E STREET ] . ......,.;;~!/ .....,. '........ -cc / WEST MADISON ST. .;. ..'>'i:.'i,;CA ,..--- '~~~,~i~ii1!1 - - c, 1lj~ - ...", i~~t' -/ ld.... .... ,U ........1. l---1\i,/.j y! ..../ ii' )/) /: ..' '.' ./. . ,.,. "r:.:},".:' ( EXHIBIT 3 APPRAISAL RESULTS ON BEHALF OF THE CITY ,; R.C. Chuoke& Associates, Inc. Appraisers & Consultants P.o. Box 1447 League City, Texas 77574 Office- 281-338-9633 Fax- 281-338-9533 December 30, 2004 RECEIVED JAN on e ?f!rJ"i \(j \(]I r. ','U.J Rene Ibarra City of LaPorte P.O. Box 1115 La Porte, Texas 77572 PLANNING DEPT. RE: Limited/Restricted appraisal regarding the Market Value of portions of alleys in Blocks 349, 351, & 352 and a portion of the street right of ways . located in. parts of North 1st Street' and North "G" Street,.. Town. of La' Porte, Harris County, Texas. Dear Rene: In accordance with your request, I have inspected the following describe<i prop_~rty for the purpose of estimating the Market Value following described property as of the. date of this letter in fee simple title. As per our agreement, the data and analysis is presented in a brieffonuat and the report does deviate from the USPAP as permitted upon agreement between client and appraiser. B./lEEF LEGAL .lJESC./lEPrION OF PHOPEH7r Known as portions of alleys in Blocks 349, 351,& 352 and portions of a street right of way located in a portion of North 1st Street (60' X 860') lying between the south right of way line of North "H" Street and the north right of way line of Barbour's Cut Blvd and also the portion ofNorth"G" Street (60' X 592') lying between the easternmost right of way line of 2nd Street and the western most right of way line of North Broadway, Town of La Porte, Harris County Texas. (see map in addenda). I hereby certify that I have personally inspected the property described via a street inspection and that all data gathered by my investigation is from sources believed reliable and true. In preparing this letter of opinion, a study of comparable sales and other related market data was performed. \,:-- .....Page 2 Continued...... It should clearly be understood that this letter only constitutes only a statement of the final value and that does not presume to be the complete analysis of the subject property nor a complete appraisal and is subject to the preparation of a complete self-contained report. The market values in the subject neighborhood appear to vary generally from +-$0.75 PSF to over $7.00 PSF for tracts generally similar to the subject property with locations that range from primary to secondary type roadways. The adjacent "parent tracts" consists of sites which appear to range from 1.29 acres to 2.42 acres of land that is located either on the west line of North Broadway Street or Barbour's Cut Blvd. The site is reported to have public utilities per your office. The site appears to be generally flat and level and is assumed not have any adverse site or environmental conditions. The site is currently occupied by a container shipping facility. The Highest and Best Use .of the subject property is determined to. be for industrial development. The . intended user of this apprai~al istl1~.City ~fLaPorte only, The i~te~ded use. is to determine the estimated market value of the subject property. There has been no transfer of the subject property noted for the past 36 months per appraisal district records. The effective date of the appraisal is December 28, 2004. The effective date of the report is December 30, 2004. The estimated exposure time is 12 months. After a review of the comparable sales it is my opinion the estimated unit value. range of between $1.50 to $3.00 PSF would be placed on the subject property with a mid-range value of $2.25 PSF being indicated for the parent tract. Therefore the unit market. value of the subject tract is estimated at $2.~5 PSF whkh is based on 100% fee simple ownerslUp with 1W disoounWlg applied . Respectfully Submitted, EXHIBIT 4 APPRAISAL RESULTS ON BEHALF OF FRONTIER LOGISTICS I I I I I I EDWARD MILLER Real Estate Appraisal Services 12715 Woodforest Boulevard Houston, Texas 77015 713-450-1911 Fax 713-453-2152 April 8, 2005 Frontier Logistics 101 East Barbours Cut Boulevard Morgans Point, Texas 77571 Attn.: Mr. John Vossler Reference: Real Estate Appraisal of +-11.416 acres of land located along Barbours Cut Boulevard in La Porte, Harris County Texas Dear Mr. Vossler: In accordance with your request and" authorization, we have performed a Complete Appraisal ofthe properly described as: . Approximateiy,11.416 acres ,of land being Blocks 349, 350, 351 and 352, First Street and North "G" Street, Including Alleys in Block 349,351 and 352 and the Alley in Block 350, vacated, abandoned and closed by The City of La Porte, Town of La Porte, Nebraska Syndicate Interest, Johnson Hunter Survey, Abstract 35, Harris County, La Porte, Texas After completing an analysis of the properly as reflected in the followingSlllllIDary . Complete AppraisaLReport, it is_our opinion that the ~'subject 11.416 acre whole property" has an "as is" market value of the fee simple estate {land only), subject to the attached assuInptions and limiting conditions, as of March 31, 2005, of: $820,000 It is further our OpiniOll that the -yalue ofth~ 2.323 acre or 101,200 square f()otparcel <;>f land further identified as closed and abandoned right of ways and alleys is: $120,000 I certify that, to the best of my knowledge andbelief,... (1) The statements of fact contained in this report are true and correct. (2) Th~ reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and is my personal, unbiased professional analyses, opinions, and conclusions. 2 EMAS 25-4244 I certify that, to the best of my knowledge and belief,... (3) I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. (4) My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. Additionally, neither the appraisal assignment nor my employment was based on a requested minimum valuation, a specific valuation, or the approval of a loan. (5) My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Stan9.ards of Professional Practice. (6) Edward Miller has made a personal inspection of the property, which is the subject ofthis report. (7) No one has provided significant professional assistance to the persons signing this report. (8) I certify that, to the best of my knowledge and belief, the reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the State of Texas and the Uniform Standards of Professional Appraisal Practice (USP AP). 'Fnrther, the "Departure Provision" was not applicable in the preparation of this report. (9) As of the date of this report, Edward Miller has completed the requirements of the State of Texas and is currently certified by the State. (10) The values expressed in this report are not based in whQle or part upon race, color, or . national origin of the current/prospective owners or occupants, or upon the race, color, or . . national origin of the present owners or occupants.ofthe properties or the property. (11) The appraisers are not qualified to test for substances such as asbestos, urea formaldehyde. foam insulation, petroleum leakage, poly/chlorinated biphenyls, agricultural chemicals, or other hazardous substances or environmental conditions: The presence o'f such substanc'es or conditions may affect the value of the property. The value estimate in this report is predicated on the assumption that there is no such condition on or in the property, or in such proximity thereto, that it would cause a loss in value. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. This report is considered to be a COMPLETE APPRAISAL per the definitions set forth by the Uniform Standards of Professional Appraisal Practice (USP AP). 3 EMAS 25-4244 ( I certify that, to the best of my knowledge and belief,... The attached report is an explanation of the analysis and reasoning used to derive a market value estimate for the subject. A reasonable marketing period of 18 months is expected for the subj ect property at the above indicated market value conclusion. The appraisal was conducted solely for the named client and is for the internal use of the client only. If you have any questions, please feel free to call. Sincerely, Edward Miller Real Estate Appraisal Services . by Edward B. Miller ill StateCertified General REAppraiser Certificate No. TX-1323969-G .~:.fl 4 EMAS 25-4244