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Home My WebLink AboutO-2006-2883 E REQUEST FOR CITY COUNCIL AGENDA ITEM Annrooriation Age.d. Date Requested, ~# Requested By: WavneJ. S / Department: Plannin2 Source of Funds: N/A Acconnt Number: N/A Amount Budgeted: N/A Report: _Resolution: _Ordinance: l Amount Requested: Exhibits: 1. Ordinance 2. Area Map Budgeted Item: _YES -LNO SUMMARY & RECOMMENDATION On October 3, 2005, City Council passed, approved and entered into a Master Agreement (Ordinance 2846) and passed, approved and entered into a Resolution of Intent (2005-19) with C. Berdon Lawrence, La Porte Vista Baywood, Ltd and the 1982 Charles Berdon Lawrence, Jr. Trust to vacate, abandon and close multiple rights-of-way. Staff is presenting an ordinance to close the Park Avenue right-of-way as the third of three closings contained within the Master Agreement and Resolution oflntent. In reviewing the application, Public Works offers no objections. Additionally, each of the City's franchised utility companies (i.e. Center Point Energy, SBC & Time Warner Corrnnunication) has received notification of the closing and each has submitted letters of no objection. A 60' wide drainage easement shall be retained on, over, and across the westernmost 60' of the Park Avenue right-of-way. Recommendation: Staff recommends that City Council authorize vacating, abandoning, and closing of the Park Avenue right-of-way, Town of La Porte, as referenced within the Master Agreement (Ordinance 2846) and Resolution 2005-19. Action Required of Councll: Consider approval of ordinance to vacate, abandon, and close the Park Avenue right-of-way, Town of La Porte. Approved for City Councll Agenda /) S-6)-ZJ~ Date ORDINANCE NO. 2006- ~~t.3 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF TIlE PARK AVENUE RIGHT-OF-WAY; 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 portion of the Park A venue Right- of-Way to vacate, abandon, and permanently close the hereinafter described portion of the Park Avenue Right-of-Way, and WHEREAS, the City Council of the City of La Porte has detennined and does hereby find, determine, and declare that the hereinafter descnoed portion of the Park Avenue Right-of- Way 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 Park Avenue Right-of-Way is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the Park Avenue Right-of-Way should be vacated, abandoned, and pennanently 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 Park Avenue Right-of-Way is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: Ordinance No. 2006-~ ~~ 3 2 Beginning at the southeast comer of Block 1255, Town of La Porte, Harris County, Texas; said point being located in the west right-of-way line of the Park Avenue Right-of-Way (according to the plat of the Town of La Porte recorded in VoL 620, Pg. 115 of the Map Records of Harris County, Texas) and the north right-of-way line of Crescent Shores Blvd.; Thence in a northerly direction along the west right-of-line of Park A venue and east lines of Block 1255 and Block 1218, Town of La Porte, Harris County, Texas, to the northeast corner of said Block 1218, said point being in the south right-of-way line of the South "Q" Street Right-of-Way; Thence in an easterly direction, across said Park Avenue right-of-way along the projected south right-of-way line of South "Q" Street, to a point in the west line of a 0.511 acre tract, said tract being a vacated 40' strip of the Park Avenue Right-of-Way closed by Harris County Commissioner's Court (Re: VoL 68, Pg. 7, 8/26/68); Thence in a southerly direction along the west line of the aforementioned 0.511 acre tract passing a point in the southwest comer of said 0.511 acre tract, said point also being the northwest comer of a 0.606 acre tract, said tract being a vacated 40' strip of the Park Avenue Right-of-Way vacated by the City of La Porte (Re: Ordinance No. 892, 9/27/71) to a point marking the southwest comer of the aforementioned 0.606 acre tract; Thence in an easterly direction to a point intersecting the west line of the Crescent Shores Subdivision; Thence in a southerly direction along the west line of the Crescent Shores Subdivision to its intersection with the projected south line of said Block 1255; Thence in a westerly direction across said Park Avenue Right-of-Way to the southeast corner of said Block 1255 and Point of Beginning. Section 2. As a condition of passage and approval of this ordinance, the City of La Porte hereby retains a sixty (60) foot wide drainage easement, on, over and across the westernmost sixty (60) feet of the abandoned Park Avenue Right-of-Way described in Section 1 hereof 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, repair and remove storm water drainage facilities, together with all necessary improvements under and across said abandoned Park Avenue right-of-way, as described herein. Ordinance No. 2006- )... i'K3 3 In the event that substantial improvements (excluding routine maintenance) are made to the existing drainage channel by the City of La Porte or its authorized agent, it is hereby agreed that said drainage channel will be realigned so as to be located wholly within said sixty (60) foot wide drainage easement and the City of La Porte will subsequently release any prescriptive rights to that portion of said existing drainage channel currently located on adjacent private property. In connection with the construction and installation of any such storm water drainage facility within the drainage easement, the City of La Porte will cause the existing paving within the premises affected by the easement to be restored or replaced so that there continues to be reasonably equivalent access over and across the premises affected by the drainage easement. Section 3. No building, awning, overhang, paving (except for existing paving within the easement, and replacement and restoration thereof), landscaping or other structure may be placed on, over, or across the public utility easement descnbed in Section 2 of this ordinance. Provided, however, nothing in this paragraph shall prevent the right of the owner of said property to otherwise use the surface of said public utility easements so long as such use is not inconsistent with the rights of the City of La Porte as described in Section 2 of this ordinance. Section 4. The public utility easements retained in Section 2 and the provisions and restrictions contained in Sections 2 and 3 of this ordinance may be redefined by mutual agreement between the property and the City of La Porte. Ordinance No. 2006-~g()3 4 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. Ordinance No. 2006- 5 PASSED AND APPROVED, THIS ~ DAY OF v1'\I\, , 2006. CITY OF LA PORTE By. ~~~~ Alton E. Porter, Mayor ATTEST: APPROVED: U~r~ Clark T. Askins, City Attorney