HomeMy WebLinkAboutO-2009-3124 closing the West âFâ Street Right-of-Way
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Source of Funds: N/A
Requested By:
Account Number: N/A
Department: Plannin2
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: L
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
Budgeted Item: _YES -X-NO
SUMMARY & RECOMMENDATION
The City has received an application from Mr. Navin Patel to vacate, abandon and close a portion
of the West "F" Street Right-of-Way from the west right-of-way line ofS.H. 146 to 310' west,
containing 24,800 square feet. The applicant desires to close the subject right-of-way to facilitate
the future development of a Super 8 Motel.
City Staff and the City's franchised utility companies (i.e. Centerpoint Energy, AT&T & Comcast)
have each reviewed the applicant's request and have expressed no o~jection to the closing as
requested.
In accordance with Section 62.35 of the Code of Ordinances, StatT has ordered an independent
appraisal conducted of the right-of-way for which fair market value has been established at $5.00
per square foot. The City has subsequently received payment from the applicant in the amount of
$93.000 (75% of Fair Market Value per the ordinance).
As pm1 of the negotiation, the developer has agreed to allow the City an ingress/egress easement to
access a trail head location on our adjacent F216 (Little Cedar Bayou) regional detention poncl.
Recommendation:
Staff recommends vacating. abandoning, and closing the West "F" Street Right-of-Way as
requested by the applicant.
Action Required of Council:
)rove an ordinance vacating. abandoning. and closing the West "",:" Street Right-of-Way from
the est right-of-way line ofS.H. ]46 to 3 ]0' west.
Council Agenda
Date
Ron Bottoms, City Manager
ORDINANCE NO. 2009- ~L~~
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE
WEST "F" STREET RIGHT-OF-WAY, TOWN OF LA PORTE, HARRIS COUNTY,
TEXAS, AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE
ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of che City of La Porte has been
requested by the record owners of all o~ the property abutting
the hereinafter described portion of the West "P" StreeL Right-
of-Way in Town of La Port.e, Harr'is County, Texas; to vacate,
abandon, and permane~tly close the hereinafter described portion
of the West "E''' 8t. Right-of-Way in Town of La Porte, Han:is
Cou~ty, Texas; and,
WHEREAS, the City Council of the City of La Porte has
determined and does hereby find, determine, and declare that the
hereinafter desc:::-ibed portion of the West "F/1 S-::reet Rigtt-of-
Way in Town of La Porte, Harris County, Texas, is not suitable,
needed, or beneficial La ~he public as a public road, street, or
alley, and the closing of hereinafter described porLion of the
West "F/1 Street Right-of-Way in Town of La ParLe, Harris County,
Texas, is for Lle proLection of t.he public and for the pub1ic
interest and benefit, and that the hereinafter described portion
of the West \\F'1 Street Right-af-Way in Towrl o~ La Porte, Harris
Coun~y, Texas, should be vacated, aba~do~ed, 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
t.he City of __,a Porte under its home rule charte.t: and Chapter'
253,
Section
253.001,
Texa~j
Local
Govern.ment
Code,
the
hereinafter described portion of the West.
"~,,
StreeL Right-of-
2
Way ~n Tow~ of La Porte, Harris County, Texas,
is t,ereby
permanently vacated, abandoned, and closed by the City of I,a
Porte, to wit:
Beginning at a point being the northeast corner of Lot
I, Block 143, Town of La Porte, said point also being
the southeast corner of the intersection of West "F"
Street Right-of-Way and State Highway 146;
Thence in a westerly direction along the south right-
of-way line of West "F" Street to the northwest corner
of Lot 32, Block 144, Town of La porte; a distance of
310.00 feet;
Thence in a northerly direction along a line projected
between the northwest corner of Lot 32, Block 144,
Town of La Porte and the southwest corner of Lot 17,
Block 121, Town of La Porte; a distance of 80.00 feet;
Thence in an easterly direction along the north right-
of-way of West "F" Street to the southeast corner of
Lot 16, Block 122, Town of La Porte; said point being
the northeast corner of the intersection of West "F"
Street Right-of-Way and State Highway 146; a distance
of 310.00 feet;
Thence in a southerly direction along a line projected
between the southeast corner of Lot 16, Block 122,
Town of La Porte and the northeast corner of Lot I,
Block 143, Town of La Porte; a distance of 80.00' to
the point of Beginning; and containing a total of
24,800 square feet as illustrated on the diagram
attached hereto as Exhibit "A" and incorporated by
reference herein.
Section 2.
The City Council officially finds, determines,
reci.tes, and dec~_are:3 that a sufficient wr.it~ten 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: r.he
Ci t V Hall of the Ci ty for the time required by la\" preceding
this meeting, as required by the Ooen Meetings Law, Chapter 551,
Texas Government Code; and that this meetinq has been open t.o
the public as required by law at all t.imes during which this
,.,
j
ordinance and the subject matter thereof has been d~scussed,
considered, 2H1d formally acted upon.
'rhe C_~ty Council further
raU_f les, approves, and cont irms such \'-Iri c ten notice dnd 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 26TH DAY OF JANUARY 2009.
CITY OF LA PORTE
By:
Alton Porter, Mayor
ATTEST:
Y71Jdi,dw /tall
Martha Gillett, City Secretary
APPfZOVED:
?t~( //~~'/&/l~
Clark T. Askins, City Attorney
4
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EXHIBIT "A" TO ORD. NO. 2009-
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EXHIBIT 2 - AREA MAP
KO SAILING
PROPOSED CLOSING
OF vv. "F" ST. 80' R-O-W
(24,800 SQ. FT.)
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SAC-2008-10