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HomeMy WebLinkAboutO-2010-3229 closing alley in Block 1146 D .--- 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: - ~~ ILuJ Martha Gillett, City Secretary APPROVED: tz:;;w Knox W. Askins, City Attorney 4 898 I~ 1~99 r ij ~~O \ 11.69 I IN.... JJ i ~ _~T-PKWV--- ..-.-., W<it - ..,; . .E_ U) .A"'; : S I - I ,--- ~ I I 1100 ~ 1097 1098 1095 1096 ~ r I I i \ I \ I I i I I L, i i I I I 1137 1136 1135 1134 I 1132 I I I I \ ~~ ~ I (j~ ::J ALLEY BLOCK 1146 ~ I J. (CONTAINING 6,400 S.F.) U I I I ( I I 1144 1145 1146 11 ~ I 1149 .. f ; I I \ I ;......---.--....---.-- \ ~ \ i t~ ~ ... ~ I REGIONAL If DETENTION (j EXHIBIT "A" -. to ORD. NO. 2010 - I i i I I j ~~ J III lJj (!~ !~ I I ('I'i uj i 1 ~~ 1\" ('''\ t~1lli I~,j ~".i I~ 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. lLL 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. D 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 ~ ~ 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. , ~ /// tLA ffJC ~\~Ja.JUIAA.- ~ol~ry Public, State of Texas c By: :;~~ ~ ria'-A. a A. Gi lett City Secretary x 'r '\ )> , ' ::JJ :0(") ifl,- 0 'F~' c:' "';z: 2-i ~ 2:-< .'-: _",n .~~ ;:;; "1;0 -r\;;;:; X :>- :/') ,~ I,n ('fj 1'''\ l;fI1/ I I "If' "I W I i !f~ ;z;ed: A7~ nox W. Askins 1 City Attorney kr {'ll# 11,,\ \",,1 l~~ ~~ ;~~\ *.,W SHARON HARRIS My Commission Expires September 12, 2013 AF~ER REC, ORDINq RE~URN TO: PlM> . &b~/ CITY ^;;dLA PORTE ,- 604 West Fairmont Parkway La Porte, TX 77571 ;I ASKINS & ASKINS, P.C, P.O. Box 1218 La Porte, TX 77572-1218 m ~ c::::>> c::::>> 3; :::0 N c..> ." :z "TJ - r fTl o - .. <::) \D PREPARED IN THE LAW OFFICE OF: 00 I.n l~' (;~ \ r~ \J~ \ 1M 1\'" o 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 CNtl,TedS'lI\ e \~!t ~ APR 2 3 2010 ~4~ COUNTY CLERK HARRIS COUNTY. TEXAS 4 898 I~ 1~99 r ij ~~O \ 11.69 I IN.... JJ i ~ _~T-PKWV--- ..-.-., W<it - ..,; . .E_ U) .A"'; : S I - I ,--- ~ I I 1100 ~ 1097 1098 1095 1096 ~ r I I i \ I \ I I i I I L, i i I I I 1137 1136 1135 1134 I 1132 I I I I \ ~~ ~ I (j~ ::J ALLEY BLOCK 1146 ~ I J. (CONTAINING 6,400 S.F.) U I I I ( I I 1144 1145 1146 11 ~ I 1149 .. f ; I I \ I ;......---.--....---.-- \ ~ \ i t~ ~ ... ~ I REGIONAL If DETENTION (j EXHIBIT "A" -. to ORD. NO. 2010 - I i i I I "C 'J!' - ,- -.. " .... -," .~. ....." ....,. "', .... .. ...... ......,.. " .0 ;:,b ',':: ''\:' ':c."...-:_,"." -"'- :.-;-- ~::,::_ ," --'_./.. .,.<.--.- :.:.,:-_ ~~~:t'