The URL can be used to link to this page

Home My WebLink AboutO-2007-2964 convey/abandon easements to 65 LP Ltd and Bayforest Ranch Ltd. G RE VEST FOR CITY C UNCIL AGENDA ITEM Agenda Date Requested: 1-8-07 ^ I) Requested By: Wayne J~ , Appropriation Source of Funds: N/A Department: Planninf! Account Number: Amount Budgeted: Report: _ Resolution: _Ordinance: ~ Amount Requested: N/A Exhibits: ~.1ik ;~ GGO OlE 1."D \Jdumf Ordinance Budgeted Item: Exhibit A (New recenIed easements) Exhibit Basements to be considered for abandonment) SUMMARY & RECOMMENDATION During the design phase for the Southeast La Porte Trunk Sewer to support the Lakes at Fainnont Greens Subdivision (Golf Course Residential Development), the Preserve at Taylor Bayou and other future developments, changes were made which required utility/drainage easements to be granted to the City. These new easements have been recorded and are listed at Exhibit A. The developer, in turn, requested the City to abandon two easements formerly granted for this project which now are not to be used. The design for the sewer project is complete and the project is now under construction. The attached ordinance, therefore accepts the newly recorded easements for the project and releases the unused easements back to the developers/owners which will now become available as part of the developable area for the Subdivision. Action Required bv Council: Approve the ordinance authorizing and approving conveyances of easements from 65 La Porte LID and Bayforest Ranch LTD.; and approving abandonment of water and sewer easements to 65 La Porte LTD. and Bayforest Ranch LTD. Approved for City CODBCil Ae:enda Date liP? ORDINANCE NO. 20~- J/1(pf AN ORDINANCE AUTHORZING AND APPROVING CONVEYANCES OF DRAINAIGE AND SEWER EASEMENTS FROM 65 LA PORTE, LTD. AND BAYFOREST RANCH, LTD.; AND APPROVING ABANDONMENT OF WATER AND WASTEWATER EASEMENT TO 65 LA PORTE, LTD. AND BAYFOREST RANCH, LTD., SUCCESSORS IN INTEREST TO BEN F. WEEMS, STURGIS & COMPANY, AND J. P. MORGAN CHASE BANK; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Whereas, it is in the public interest and necessary to the public health of the City of La Porte, Texas (nCity") to obtain six (6) water and wastewater easements on property owned by 65 La Porte, Ltd. and Bayforest Ranch, Ltd., and being developed for residential use, known as Lakes at Fairmont Greens ("Property") Whereas, due to the proposed dedication of six (6) water and wastewater easements by 65 La Porte, Ltd. and Bayforest Ranch, Ltd. for the development of Property, there is no longer a public necessi ty for the continued use of two (2) nearby water and wastewater easements previously conveyed to the City of La Porte by Ben F. Weems, Sturgis & Company, and J.P. Morgan Chase Bank. Whereas, the City and 65 La Porte, Ltd and Bayforest Ranch, Ltd., (and as successors in interests to Ben F. Weems, Sturgis & Company, and J.P. Morgan Chase Bank), have collectively agreed on the exchange of easements, where by the City receives easements from 65 La Porte, Ltd and Bayforest Ranch, Ltd., and abandons easements to 65 La Porte, Ltd and Bayforest Ranch, Ltd. {as successors in interest to the previous owners, Ben F. Weems, Sturgis & Company, and J.P. Morgan Chase Bank); Whereas, the fair market value of the easements to be dedicated to the City is approximately the same as the fair market value of the easements to be abandoned and released by the City; and Whereas, the City is authorized by the Texas Local Government Code to exchange easements without obtaining an appraisal and without notice and bidding; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Findings of Fact. The findings of fact and recitations set out hereinabove are found to be true and correct and are hereby adopted by the City Council of La Porte and made a part hereof for all purposes as findings of fact. Section 2. Easements to City. As consideration for the release and abandonment of easements to 65 La Porte, Ltd and Bayforest Ranch, Ltd. (as successors in interest to the previous owners, Ben F. Weems, Sturgis & Company, and J.P. Morgan Chase Bank), as set forth and authorized in Section 3 below, the City Council hereby authorizes and accepts those easements attached to this ordinance as Exhibit A. Section 3. Abandonment of Easement. In consideration of receiving the easements described in Section 2 of this ordinance, the City Council hereby authorizes and directs the release and abandonment of those easements attached to this ordinance as Exhibit B. Section 4. The City Council hereby authorizes and directs the Interim City Manager of the City to execute and deliver an Abandonment, Release, and Termination of Easement, authorized in Section 3 of this ordinance, in exchange for properly executed easements delivered to the City as provided in Section 2 of this ordinance. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 6. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 7. 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 8. This Ordinance shall be effective after its passage and approval. PASSED AND APPROVED, this <gIL day of J]:rvJ (All (j ,2007 . By, ~LAC~~ Alton E. Porter ATTEST: LfY1 Jd/7~().4Ait/ Martha A. Gillett City Secretary A~ _ ~ 7 .d-~A'~ Clark T. Askins Assistant City Attorney Mayor 3