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Home My WebLink AboutO-2006-2882 D REQUEST FOR CITY COUNCIL AGENDA ITEM Annronriation Source of Funds: Nt A Acconnt Number: NtA Amount Budgeted: NtA Report: _Resolution: _Ordinance:...x.. 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, lid 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 South "R" Street right-of-way as the second of three closings contained within the Master Agreement and Resolution ofIntent. In reviewing the application, staffhas detennined the need for a 20' wide ingress-egress easement which shall be retained for the purposes of maintaining water and sewer lines and to access a lift station. The Public Works Department has indicated that an 8" water line runs along the North side of the South "R" Street right-of-way of which a utility easement shall be retained, however, Public Works offers no objections. Additionally, each of the City's franchised utility companies (i.e. Centerpoint Energy, SBC & Time Warner Communication) has received notification of the closing and each has submitted letters of no objection. Recommendation: Staff recommends that City Council authorize vacating, abandoning, and closing the South "R" Street Right-Of-Way, Town of La Porte, as referenced within the Master Agreement (Ordinance 2846) and Resolution 2005-19. Action Required of Council: Consider approval of ordinance to vacate, abandon, and close the South "R" Street Right-Of-Way, Town of La Porte. Approved for City Council Agenda ,,-- d -!J G Date ORDINANCE NO. 2006-J..i~1--/ AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE SOUTH "R" STREET RIGHT-OF-WAY BETWEEN BLOCKS 1218 & 1255, 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 South "R" Street Right-of-Way to vacate, abandon, and permanently close the hereinafter described South "R" Street Right-of-Way, and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, detennine, and declare that the hereinafter described South "R" Street 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 South "R" Street Right-of-Way is for the protection of the public and for the public interest and benefit, and that the hereinafter described South "R" Street Right-of-Way 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 South "R" Street Right-of-Way is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: Ordinance No. 2006-~g~.2, 2 That portion of the South "R" Street Right-of-Way situated between Blocks 1218 and 1255, Town of La Porte, Harris County, Texas, together with any portion of said Right-of-Way that intersects and traverses across the Park Avenue Right-of- Way. Said right-of-way being eighty (80) feet in width and containing twenty thousand eight hundred eighty (20,880) square feet as generally illustrated in Exhibit "A" attached hereto and made part of herein. Section 2. As a condition of passage and approval of this ordinance, the City of La Porte hereby retains a waterline easement across this portion of the South "R" Street right-of-way, which waterline easement shall be ten (10) feet in width and lies five (5) feet on either side of the centerline of the existing six (6) inch diameter waterline in the right-of-way. 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 said waterline, together with all necessary improvements under and across said abandoned South "R" Street right- of-way, as described herein. Additionally, the City of La Porte hereby establishes a minimum setback requirement of forty (40) feet from the east right-of-way line of South Broadway for any gated structures erected across the abandoned South "R" Street Right- of-Way. Section 3. The City of La Porte will at all times, after doing any work in connection with the construction, reconstruction, maintenance, operation, inspection, replacement, repair or removal of said waterline, restore the premises, including paving, affected by such easement to the condition in which same were found before such work was undertaken. The owner of the premises affected by such easement shall have the right to use and enjoy the Ordinance No. 2006~~oL 3 premises for any purposes except insofar as such use and enjoyment unreasonably interferes with the rights granted to the City of La Porte hereunder. Section 4. Reference is here made to the fact that the City of La Porte currently uses the portion of South "R" Street Right-Of-Way that is being abandoned hereby for the purpose of ingress and egress to a lift station site more particularly described in an instrument recorded under County Clerk's File No. D570819 of the Official Public Records of Real Property of Harris County, Texas and for ingress and egress to a sewer line more particularly described in an instrument recorded under County Clerk's File No. D570818 of the Official Public Records of Real Property of Harris County, Texas. Additionally, the City of La Porte utilizes a twenty (20) foot wide ingress-egress easement more particularly descnbed in an instrument recorded under County Clerk's File No. D480689 for access to a waterline, more particularly described in an instrument recorded under County Clerk's File No. D570817 of the Official Public Records of Real Property of Harris County, Texas. The City of La Porte reserves the right to continue to use such portion of the South "R" Street Right-of-Way and' twenty (20) foot wide ingress-egress easement for the purpose of ingress and egress to such lift station site; such waterline; and such sewer line. The City of La Porte will at all times, after doing any work in connection with the construction, reconstruction or repair of said water line, restore said premises, including paving, to the condition in which same were found before such work was undertaken, and that in the use of said rights and privileges herein granted the City of La Porte will not create a nuisance or do any act that will be detrimental to said premises. The owner of the property affected by such portion of the South "R" Street Right-Of-Way shall have the right, from time to time, to relocate such Ordinance No. 2006-~6D~ 4 access area so long as such relocated access area provides mutually agreeable access to such lift station site; waterline; and sewer line. In the event of the relocation of such access area, the City of La Porte and such owner shall execute an instrument in recordable form which refers to this Ordinance and defines the relocated area for such access right. If the access area is gated or access thereto is otherwise restricted by the owner of the property affected by such access right, such owner shall arrange for personnel of the City of La Porte to have a key, card, or other device to permit entry onto the access area for the purpose of ingress and egress to such lift station site; waterline; and sewer line. At such time that the lift station; waterline; or sewer line ceases to operate, the access right to the facility which has ceased to operate shall terminate and, upon request, the City of La Porte shall execute an instrument in recordable form evidencing the termination thereof Section S. No building, awning, overhang, paving (except for existing pavement within the easement, and replacement and restoration thereof), landscaping or other structure may be placed on, over, or across the public utility easement described 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 descnbed in Section 2 of this ordinance. Section 6. 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- ~ ~gt... 5 Section 7. The City Council officially fmds~ determines, recites, and declares that a sufficiertt 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 PASSED AND APPROVED, THIS ~ DAY OF ~ , 2006. CITY OF LA PORTE By.~L~~ Alton E. Porter, Mayor ATTEST: ~d1mJ Martha Gillett, City Secretary APPROVED: :f/4fAA' r ~ Clark T. Askins, City Attorney Ordinance No. 2006- EXHIBIT "A" III :a Or. )>, C ~ )>'_. :(i 6 !PROPOSED CLOSI-NG~ /) OF SOUTH "R" ST. . . ii,/L- .. aOCK1218 " i // ,/:../. ,<"./ // UTILE CEDAR BAYOU (PARK LAND) // FORMER YISTABAYWOOD SITE R aOCK1255 --EDGEWOOo l.CREScam..stIO~E G.AJ...YESTON Bt-,Y