The URL can be used to link to this page

Home My WebLink AboutO-2009-3140 Motion Failed/closing portion of South 15th Street Right-of-Way 9 REQUEST FOR CITY COUNCIL AGENDA ITEM Appl'opriation Agenda Date Requested: AI)ril27. 2009/ 1 \' ! / r ....1...1-/ -) Requested By: Tim Tietiens \. 'l)lJ~- f"'" "'I ~ ~~,~,J Sourcc of Funds: N/A Account Number: N/A Dcpartmcnt: Planning Amount Budgeted: N/A Report: _Resolution: _Ordinance: l Amount Requested: Exhibits: 1. Ordinance 2. Area Map Budgeted Item: _YES -X-NO SlJMMARY & RECOMMENDATION The City has received an application from Mr. Ted COltez to vacate, abandon and close the S. 151h Street Right-of-Way between Blocks 753 & 754, Town of La POIte and the southernmost 300' of the alley in Block 754. The applicant desires to close the subject rights-of-way to facilitate expansion of his business, Dureo, Ltd., at 225 S. 16th Street. CUlTent City guidelines discourage 'pattial' right-of-way closings. Accordingly, Staff advised the applicant of the need to obtain consent from the sole adjacent owner within the block (Lots 29-32, Block 754), The applicant has contacted the owner on several occasions to obtain consent and to purchase the property. The adjacent owner has subsequently refused to participate or to provide consent. Therefore, Staff requests Council's consideration of a partial alley closing in this specific case. City Staff and its fl'anchised utility companies (i.e. Centerpoint Energy, AT&T & Comcast) have each reviewed the applicant's request and have expressed no objection to closing of the subject right-of-way and alley. In accordance with Section 62.35 of the City's Code of Ordinances, an independent appraisal has been conducted of the S. 151h Street Right-of-Way (2,400 sq. ft.) and the southernmost 300' of the alley in Block 754 (4,800 sq. it). Fair market value has subsequently been assessed at $0.90 per square foot for which the City has received payment in the amount 01'$19,440 (75% of Fair Market Value per the ordinance). Upon approval of the subject closings by Council, Mr. Cortez will replat his entire properties to include the closed lights-of-way. Action Required of Council: 'ove an ordinance vacating. abandoning, and closing the entire S. 151h Street Right-of-Way belw en Blocks 753 & 754, Town of La Porle and the southernmosl 300' of the alley in Block 754, Tow of La Patte. Council Agenda 1L~~ Date ORDINANCE NO. 2009- .3/40 AN ORDINANCE V ACA TTNG, ABANDONING AND CLOSING A PORTION OF THE SOllTH 15TH STREET RIGHT-OF-WAY AND A PORTION OF THE ALLEY IN BLOCK 754, TOWN OF LA PORTE, HARRIS COllNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFI~CTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of all of lhe property abutting the hereinafter described portions of the South 15th Street Right-of-Way and the alley in Block 754. Town Of La Porte. Harris County. Texas, to vacate, abandon. and permanently close the hereinafter described portions of the South 151h Street Right-of. Way and the alley in Block 754. Town of La Porte. Harris County, Texas; and WHEREAS, the Cily Council of the City of La Porte has determined and does hereby find, determine, ,md declare that the hereinafter described portions of South 15th Street Right-of- Way and the alley in Block 754. Town Of La Porte. Harris County, Texas, are not sui lab Ie, needed. or beneficial to the public as a public road, street, or alley. and the closing of the hereinafter described portions of the South 15th Street Right- of-Way and the alley in Block 754, Town 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 portions of South 15th Street Right-of-Way and the alley in Block 754, Town Of La Porte, Harris County. Texas. should be vacated. abandoned, and permanently closed. BE IT ORDAINED BV TI-IE CITY COUNCIL OF THE CITY OF LA I)ORTE: Section t. II nder and by virtue of the power granted to lhe City of La Porte under its home rule chmIel' and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described portions of South 15th Street Right-of-Way and the alley in Block 754, TO\vn Of La Porte. Harris County. Texas, are hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: ~J5I/ / 2 TRACT ONE: That portion of the South 15th Street Right-of-Way (60' wide) lying within and situated between Blocks 753 and 754, Town of La Porte, as genel"ally illustrated on Exhibit" A" attached herein and made part hereof, containing a total of twenty four thousand (24,000) squaI"e feet. TRACT TWO: That portion of the alley in Block 754, Town of La Porte, lying within and situated between Lots 5 through 16 and Lots 17 through 28, as generally illustrated on Exhibit "A" attached herein and made part hereof, containing a total of four thousand eight hundred (4,800) square feet. Section 2. The City Council officially finds. determines. recites, and declares that a sufficient written notice of the date, hour, place, and subject or 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 3. This Ordinance shall be etfective from ancl after its passage and approval, and it is so ordered. PASSED AND APPROVED THIS ATTEST: /)1()f/{)/J railed - ~ t}/ (}I It;41tJcF IV 1JT fYT55(.,I)" nAY OF 2009. CITY OF LA PORTE By: Alton Porter, Mayor Martha Gillett, City Secretary APPROVED: Knox W. Askins, City Attorney EXHIBIT "An TO ORD. NO. 2009- 25 S. 15th ST. R-O-W CLOSING . (60' x 400' :: 24,000 SQ. FT.) 752 _J ~ I ~ __I en i i I ! I 15B I WBST 1 76j I S. 300' of ALLEY, BLOCK 754 (16' x 300' = 4,800 SQ. FT.) II ! I II I 1 I ! 1\'--' 16f I[ II ! I. I ! . i 'I I I I I Z5~L. .... V) :x: ~ 1-.' I ! I 7~~ II , I I ' I : I i : I 4 t\ lsl/\ I '<l57 : s I 722 .... e/) :x: ~ ~ e/) 755 l ["-- 758 EXHIBIT 2 - AREA MAP PROPOSED CLOSING OF SOUTH 15TH ST. ..'" ' , ,J." '.. ,*11_ ~ .I, i ,.., ~ . ,'r WAST ill -1 .._ .J ~.""'1: = "'! : _ 'z .., .. ... ,..,~. ". ~"..' :'- ~... '" .. . " I .~.' ~ _b..- Mil'::: !'l. : ., -J ..." 'i "':1 , ,.- -".- '-. Pi .., '" li_ "" .. .. ""'~ . ._ ~_>.... \l:ii*:t':~ ..... ,_ N · '. " Jwf)E: "" _.-..A J.....-, S .~ ... .. W MAIN ST ~ ~ .~ J....t.....- ""III.. .I'l1I1II' ". _. .-!tI&U. . --- -o.t.~'''''4M __ " m. ., Il' . .. ~-, l- I/) ::c I- co, -"- - , ... :t - l - :;JJ' ... 1 f -' """.' . ~ - ~ . \- ." J,i.." - ...--.. ....,af~~ "" __._1"~.J' '" "t 1;: r', ,r !!-"