The URL can be used to link to this page

Home My WebLink AboutO-2009-3169 close entire alley Block 751, Town of La Porte D REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Aug:ust 24. 2009 Source of Funds: N/A Requested By: Tim Tietiens Account Number: N/A Department: Planning: Report: _Resolution: _Ordinance:...x... Amount Budgeted: N/A Amount Requested: Exhibits: 1. Ordinance 2. Deed w/out Warranty 3. Area Map Budgeted Item: _YES ....x....NO SUMMARY & RECOMMENDATION The City has received an application from Mr. Gus Brieden to vacate, abandon and close the entire alley in Block 751, La Porte (consisting of 6,400 square feet) to create a single economic unit of land for development. City Staff as well as the City's franchised utility companies (Centerpoint Energy, AT&T & Comcast) have each reviewed the applicant's request and have expressed no objection to the proposed closing as requested. In accordance with Section 62.35 of the Code of Ordinances, Staff has ordered an independent appraisal of the subject alley for which fair market value has been established at $.90 per square foot. The City has received payment from the applicant in the amount of $4,320.00 (75% of Fair Market Value per the ordinance) for the alley closing. Action Required of Council: Approve an ordinance vacating, abandoning, and closing the entire alley in Block 751, La Porte. 9 ORDINANCE NO. 2009- 31 (p q AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK 751, 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 alley in Block 751, Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close the hereinafter described alley in Block 751, 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 alley in Block 751, Town 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 alley in Block 751, 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 alley in Block 751, 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 alley in Block 751 is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit and generally illustrated in Exhibit "A" attached hereto and made part of herein: 2 Tract I: The entire alley in Block 751, Town of La Porte, lying within and situated between Lots 1 through 16 and Lots 17 through 32 (containing 6,400 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. As a condition of passage and approval of this ordinance and subsequent filing of a deed granting the alley of Block 751 to Gus Brieden, all conditions of approved site plan (re: City of La Porte File No. 2007-8205) shall be implemented within sixty (60) calendar days from passage and approval of this ordinance. In the event that the conditions of aforementioned site plan are not completed by Gus Brieden and approved by the City of La Porte within the above-stipulated period, this ordinance and the aforementioned deed for the alley in Block 751, La Porte shall be deemed null and void by the City of La Porte. Section 4. This ordinance shall be effective from and after its passage and approval, and it is so ordered. 3 PASSED AND APPROVED THIS 24th DAY AUGUST 2009. CITY OF LA PORTE ATTEST: '-1J;tUd5iilt/~ Martha Gillet, City ecretary APPROVED: Clark T. Askins, City Attorney 4 I "'..."'_ " W MAIN ST W*E - , - rrIIJ II 1) (/) 72a :z: 724 7 5 to r ... ... 7 6 (/) (/) :z: ... ,... ... (/) ALLEY OF BLOCK 751, l I - TOWN OF LA PORTE WAST ~ '\ 751 752 71:') I~~ ! 1 j ; I waST 7 2 ~ )1 760 I EXHIBIT "A" - ORD. NO. 2009- - fll I , '" " , DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: August 24, 2009 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: Gus R. Brieden Mailing Address: 1-14, '" ~ ta1A r<<vtN~, n 18D'I1... 'SDB Consideration: Ten and NO/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements) : The entire alley in Block 751, Town of La Porte, lying within and situated between Lots 1 through 16 and Lots 17 through 32, as generally illustrated on Exhibit "A" attached herein and made part hereof, containing a total of six thousand four hundred (6,400) square feet, which Street Right-of-Way was vacated, aband~~dl1and closed by City of La Porte Ordinance No. 2009- IltJ , passed and approved by the City Council of the City of La Porte on August 24, 2009. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Z::=w/16/7 z.. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all w rranties that might arise by common law and the warranties i ~5 023 of the Texas Property Code (or its successor) are excl tied. By: Attest, ~. ~tlA Mart a A. Glllett City Secretary AP~1tI.~ Knox W. Askins City Attorney STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ ~. This instrument was acknowledge~ before me on the ~&~Lday of C{Ua. ,2009, by Ron Bottoms, Clty Manager of the City of La Port , a municipal corporation. D: _ Q ..._ liG(t",-} - Jy ~ d~(~ Notary Public, State of ~xas E!'o ~~~ ROBIN R. ELDRIDGE .' '. ~*~ M.'>}rAMISSION eXPIRes ~.~ JUiy 16, 2010 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, TX 77572-1218 2 ALLEY OF BLOCK 751, TOWN OF LA PORTE . ~A~ \ N. im.-..-m.-.----.-.......-..--m-.-.---.-..-...-.w~ E CIIIJ I rT I j\fl ; ~ 724 ~ 7 5 1 ~ I 11 Ir- I lJd.h:r. ......j ..-m...WMAIN..ST 7 6 751 2 2 1 EXHIBIT "A" ORD. NO. 2009- a.s.:r. 760 EXHIBIT 3 tTaW AREA MAP