HomeMy WebLinkAboutO-2010-3229 closing alley in Block 1146
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: April 12. 2010
Source of Funds: N/A
Requested By: Tim Tietiens
Account Number: N/A
Department: Plannin2
Amount Budgeted: NI A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance
2. Deed to Adjacent Owner
3. Area Map
Budgeted Item: _YES -LNO
SUMMARY & RECOMMENDATION
The City has received an application from Mr. Nazar Manesia of Telephone Investments, Inc. to
vacate, abandon and close the alley in Block 1146, La Porte. The applicant desires to close the
subject alley to unify his properties adjacent to the alley for future development.
City Staff as well as the City's franchised utility companies (i.e. Centerpoint Energy, AT&T &
Comcast) have each reviewed the request and have expressed no objection to the closing.
In accordance with Section 62.35 of the Code of Ordinances, Staff has ordered an independent
appraisal to determine a fair market value for the property. The appraisal has established a market
value of $5.00/sq. ft. for the property which contains 6,400 square feet. The City has received
payment from the applicant in the amount of $24,000 (75% of Fair Market Value per the
ordinance).
Recommendation:
Staff recommends vacating, abandoning, and closing the alley in Block 1146, La Porte as
requested by the applicant.
Action Required of Council:
r e an ordinance vacating, abandoning, and closing the alley in Block 1146, La Porte.
Ron Bottoms, City Manager
1 hi to
Date
ORDINANCE NO. 2010- 3d:),C]
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK
1146, 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 the City of La Porte has been
requested by the record owner of all of the property abutting
the hereinafter described alley in Block 1146, Town of La Porte,
Harris County, Texas; to vacate, abandon, and permanently close
the hereinafter described alley in Block 1146, 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 1146, 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 1146, 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 Block 1146, 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 1146, Town of La Porte,
Harris County, Texas, is hereby permanently vacated, abandoned,
and closed by the City of La Porte, to wit:
2
The entire alley in Block 1146, Town of La Porte
situated between Lots 1 through 16 and Lots 17 through
32 of said block, containing a total of 6,400 square
feet and generally illustrated on Exhibit UA"
incorporated by reference herein.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the
date, hour, place, and subj ect 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
PASSBD AND APPROVBD THIS ~ DAY OF ~
2010.
CITY OF LA PORTE
ATTEST:
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Martha Gillett, City Secretary
APPROVED:
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Knox W. Askins, City Attorney
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EXHIBIT "A" -.
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201001.626"9
04/23/2010 RP3 $24.00
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:
~?~L. /Z-, 2010
Grantor:
City of La Porte, a municipal corporation
Mailing Address:
604 West Fairmont Parkway, La Porte, TX 77571
Grantee:
Telephone Investments, Inc.
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Mailing Address:
Consideration: Ten and NO/100 Dollars ($10.00) cash and other good
and valuable considerations
Property (including any improvements) :
All of the alley in Block 1146, Town of La Porte, Harris
County, Texas, 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
alleys were vacated, abandoned, and closed by City of La
Porte Ordinance No. 2010-jf~9, passed and approved by
the City Council of the City of La Porte on
?f,P,e/~ Iv , 2010.
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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.
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 ran 'es that might
arise by common law and the warranties i ~5. 02 of the Texas
Property Code (or its successor) are excl ed.
STATE OF TEXAS ~
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COUNTY OF HARRIS ~
,(This instrument was acknowledged before me on the ~(day of
, 2010, by Ron Bottoms, city Manager of the City of La
rte, a municipal corporation. ,
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~ol~ry Public, State of Texas
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ria'-A. a A. Gi lett
City Secretary
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SHARON HARRIS
My Commission Expires
September 12, 2013
AF~ER REC, ORDINq RE~URN TO:
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CITY ^;;dLA PORTE ,-
604 West Fairmont Parkway
La Porte, TX 77571
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ASKINS & ASKINS, P.C,
P.O. Box 1218
La Porte, TX 77572-1218
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ANY WallS!)N HEREIN WHK:H RESTRI:TS THE SAlt ftEHTAL Oil USE Of THE DESCftllEI ft~L
PROPERTY &CAUSE Of COLOR OR ftACE IS IIIVAlIO AND ~tNfOftCEA&l.E UN~ft FEiEAALLAW,
THE STATE OF TEXAS
COUNTY OF HARRIS
I hem, ,el1fy IIat 11\$ ~mtlIt was FI\.EO ~ Fie Number Siquence In lilt iEi! and tlllt 1M
s1alIlltOhlttOll b7 me; IIIl 011 dilly RECORDED. 1ft lilt Of,c,t19~ ftK$IZ of ftul P!lptll! olHmI
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APR 2 3 2010
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COUNTY CLERK
HARRIS COUNTY. TEXAS
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ALLEY BLOCK 1146 ~
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