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HomeMy WebLinkAboutO-2007-3007 o REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Jul Requested By: Source of Funds: N/A Account Number: N/A Department: Planninl! Amount Budgeted: N/A Report: _Resolution: _Ordinance: l Amount Requested: Exhibits: 1. Ordinance 2. Area Map Budgeted Item: _YES -LNO SUMMARY & RECOMMENDATION The City has received an application from Douglas F. Latimer, Jr. to vacate, abandon and close the West Tyler Street Right-of-Way between North 16th and North 18th Streets. Mr. Latimer desires to close the subject right-of-way in order to create a single economic unit of land to facilitate future development. Each of the City's franchised utility companies (i.e. Centerpoint Energy, AT&T & Comcast) has reviewed the request and expressed no objection to the closing. Staffs review of the request identified the West Tyler Street ROW as a future drainage route to F216-00-00. Therefore, the City will retain the north half of the right-of-way as an easement for future drainage improvements in the area. In accordance with Section 62.3 5 of the Code of Ordinances, Staff has ordered an independent appraisal of the right-of-way in question. As a result, the fair market value has been appraised at $1.50 per square foot. As in the past when a drainage easement is required, the appraisal provides a 90% discount to the area retained. The City has received payment from the applicant in the amount of $21,978 (75% of Fair Market Value as per the ordinance) for the closing a total of35,520 square feet of the West Tyler St. Right-of-Way. Recommendation: Staff recommends vacating, abandoning, and closing the West Tyler Street Right-of-Way retaining a 30' wide easement for future drainage improvements. Action Required of Council: Consider approval of an ordinance to vacate, abandon, and close the West Tyler Street Right-of-Way from North 16th Street to North 18th Street. cil Agenda "-~ 7/;0/ te ity Manager EXHIBIT 1 to Agenda Packet Closing Ordinance ORDINANCE NO. 2007-~ AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF WEST TYLER STREET IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, RESERVING A DRAINAGE EASEMENT, 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 record owners of all of the property abutting the hereinafter described portion of West Tyler Street, City of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of West Tyler Street, City 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 West Tyler Street, City of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street and alley, and the closing of the hereinafter described portion of West Tyler Street, City 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 West Tyler Street, City 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 West Tyler Street, City of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned and closed by the City of La Porte, to-wit: That portion of the right-of-way of West Tyler Street, between the west right-of-way line of North 16th Street and the east right-of-way line of North 18th Street, and lying and being situated between Block 653, 654, 679, and 680, in the Town of La Porte, Harris County, Texas, according to the map or plat thereof recorded in Volume 58, page 462, of the Deed Records of Harris County, Texas, reference to which is here made for all purposes, as more fully shown on a map attached hereto as Exhibit "A", incorporated by reference herein and made a part hereof for all purposes. SUBJECT TO: The City of La Porte retains a drainage easement over, along, and under, the northernmost 30' of the above-described portion of the right-of-way of West Tyler Street. Sec tion 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 23~day of July, 2007. By: cu;:,:L~~ Alton E. Porter Mayor 2 ATTEST: ;1!Jl!j!~iKe#fl4 City Secretary '- AP~~~ Knox W. Askins City Attorney 3 EXHIBIT "A" to Ordinance No. 2007- NORTH 18th ST. 60' '" '-J \D Closed b Ord. #97-2186 Closed by Ord. #97-2186 '" ex> o Closed by Ord. #97-2186 ~q ~~ U ~~ ~G; ~~ ~z ~~ ~~ ~~ ~o ~ ~~ m ~'"tl (f) '" '-" -i :<! r- m :::0 (f) -i '" ~ NORTH 17th ST. '" U1 W NORTH 16th ST. z -i ~ E:: (f) EXHIBIT 2 to Agenda Packet Area Map N W+E S