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Home My WebLink AboutO-2005-2860 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: December 12tb. 2005 Requested By: Wayne J. S~ Department: Plannine: Source of Funds: N/A Account 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 The City has received an application from Aldersgate Trust to vacate, abandon and close the Bellaire Avenue Right-Of-Way within the Bayshore Park Addition to the City of La Porte. The applicant seeks closure of this Right-Of-Way to facilitate future development. In reviewing the application, the Public Works Department has indicated that an existing 6" Water Line is located along the South Right-Of-Way of Bellaire Avenue for which an easement shall be retained. Each of the City's franchised utility companies (i.e. Centerpoint Energy, SBC & Time Warner Connnunication) has received notification of the closing and each has submitted letters of I' no objection. In accordance with Section 62.35 of the Code of Ordinances, Staffhas arranged for an independent appraisal to be conducted of the Right-Of-Way in question. As a result, the fair market value of the subject property has been assessed at $1.25 per square foot. The City has received compensation in the amount of$19,585.54 (75% of Fair Market Value as per the ordinance) from the applicant for the closing, which contains a total of20,835.68 square feet. Recommendation: Staff reconnnends that City Council authorize vacating, abandoning, and closing of the Bellaire Avenue Right-Of-Way within the Bayshore Park Addition to the City Of La Porte, as petitioned by the applicant. Action Required of Council: Consider approval of ordinance to vacate, abandon, and close the Bellaire Avenue Right-Of- Way, within the Bayshore Park Addition to the City Of La Porte. Approved for City Council Agenda / cJ,. - ~---{) ;) Date ORDINANCE NO. 2005- ~g&D AN ORDINANCE VACATING, ABANDONING AND CLOSING THE BELLAIRE AVENUE RIGHT-OF-WAY, BAYSHORE PARK ADDITION TO THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS; RETAINING A WATERLINE 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 the record owner of all of the property abutting the hereinafter described alleys in Bellaire Avenue Right-Of-Way, Bayshore Park Addition to the City Of La Porte, Harris County, Texas; to vacate, abandon, and permanently close the hereinafter described Bellaire Avenue Right- Of- Way, Bayshore Park Addition to the 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 Bellaire A venue Right-Of- Way, Bayshore Park Addition to the City 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 Bellaire Avenue Right-Of-Way, Bayshore Park Addition to the 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 Bellaire Avenue Right- Of- Way, Bayshore Park Addition to the City Of La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. 2 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 Bellaire Avenue Right-Of-Way, Bayshore Park Addition to the City Of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: The entire Bellaire Avenue Right-Of-Way, Bayshore Park Addition to the City Of La Porte, Harris County, Texas, containing twenty thousand, eight hundred thirty- five and sixty-eight hundredths (20,835.68) square feet as generally illustrated on Exhibit "A" attached hereto and made part of herein; Provided, however, the City of La Porte saves and excepts a public utility easement for the exclusive use and benefit of the City of La Porte. Said public utility easement shall be further subject to the provisions and restrictions contained in Sections 2, 3, & 4 of this ordinance. 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 Bellaire Avenue right-of-way, which waterline easement shall be sixteen (16) feet in width and lies eight (8) 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, restore, repair, and remove public utility facilities, together with all necessary improvements in, over, under, through, and across the public utility easement described in Section 2 of this ordinance. 3 Section 3. No building, awning, overhang, 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 landscape or 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. The City of La Porte shall not be obligated to restore or repair any such landscaping or other improvements disturbed, damaged, or removed by the exercise of such public utility rights and privileges described in Section 2. Section 4. The public utility easements retained in Section 2 and the provisions and restrictions contained in Sections 2 & 3 of this ordinance may be redefined by mutual agreement between the property owner and the appropriate franchised utility and or the City of La Porte. 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 4 PASSED AND APPROVED, TIDS / d.{/-DAY OF IJ.lC- 2005. CITY OF LA PORTE By ~~~~-- Alton Porter, Mayor ATTEST: vtr; d6{/;~ ~~ Martha Gillett, City Secretary AP~ Knox W. Askins, City Attorney