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HomeMy WebLinkAboutO-2009-3140 Passed/closing portion of South 15th Street Right-of-Way 7 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Mav 11. 2009 Source of Funds: N/A Requested By: Alton Porter Account Number: N/A Department: Mavor's Office 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 Mr. Ted Cortez to vacate, abandon and close the S. 15th Street Right-of-Way between Blocks 753 & 754, Town of La Porte 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, Durco, Ltd., at 225 S. 16th Street. Current City guidelines discourage 'partial' 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 franchised 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. 15th Street Right-of-Way (2,400 sq. ft.) and the southernmost 300' of the alley in Block 754 (4,800 sq. ft.). Fair market value has subsequently been assessed at $0.90 per square foot for which the City has received payment in the amount of$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 rights-of-way. Action Required of Council: nSl er approval of an ordinance to vacate, abandon, and close the S. 15th Street Right-of-Way betwe Blocks 753 & 754, La Porte, and the southernmost 300' of the alley in Block 754, La Po e. ager ~~ ~'1 Date ORDINANCE NO. 2009- ~ } '-f L) AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE SOUTH 15TH STREET RIGHT -OF -WAY AND A PORTION OF THE ALLEY IN BLOCK 754, 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 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 15th Street Right-of-Way and the alley in Block 754, Town 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 portions of South 15th Street Right-of-Way and the alley in Block 754, Town Of La Porte, Harris County, Texas, are not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing ofthe 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 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 portions of South 15th Street Right-of- Way and the alley in Block 754, Town Of La Porte, Harris County, Texas, are hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: $W..8t/ / 2 TRACT ONE: That portion of the South 15th Street Right-of-Way (60' wide) lying within and situated between Blocks 753 and 754, Town of La Porte, as generally illustrated on Exhibit "A" attached herein and made part hereof, containing a total of twenty four thousand (24,000) square feet. TRACT TWO: That portion of the alley in Block 754, Town of La Porte, lying within and situated between Lots 5 through 16 and Lots 17 through 28, as generally illustrated on Exhibit "A" attached herein and made part hereof, containing a total of four thousand eight hundred (4,800) square feet. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 3 PASSED AND APPROVED THIS JK DAY OF '-1YJr 2009. CITY OF LA PORTE By: ATTEST: cmatNl ~$ Martha Gillett, City Secretary AP;:ZU ~ Knox W. Askins, City Attorney I I I I 7 J I I I I II~-- i I I SAC-2008-08 EXHIBIT "A" TO ORD. NO. 2009- 725 2 752 S. 15th ST. R-O-W CLOSING (60' x 400' = 24,000 SQ. FT.) f- CI) :r: f- (Q .... en WB-ST--- 76 I I i , 760 I ' ! I \ i , f- CI) :t f- III .... CI) i ; 4 \\'~E ~9 s 722 f- "I :t f- '<t .... CIi , 755 758 J ::r._j .., .. -. . ". ... Ii ..' ~ J .::i~f:~1 !: . ... ..... N ciO=:~ *,). ..... ........~......I...... . l'Fw' 'E' ,'. . iii' " d.t '. ~ ...'..... ..S .-- ',_.. ... ." \!g," .:;,' r ...~ . ....'S .. ; ,. ... ; UJ J: ... ~ .... 'Z , ""2 - ~ . W MAIN ST ,. .... . ~t.~~l;;)i~ . :~, " ...1;,.. ";-.1' ,:;.'~ ::.;.;....~"":"L..~: :W-:~~ 1-= '.' J: . ... '. .;. "wl ... r ..... ~ .,. - - 0 '-;j~ Jbl ft..;~ .f ~ ..,.~ ~ I'fi 4 :t'..... 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