HomeMy WebLinkAboutO-2010-3230 closing alley in Block 4
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Aoorooriation
Agenda Date Requested: Aorill2. 2010
Source of Funds: N/A
Requested By: Tim Tietiens
Account Number: N/A
Department: Planninl!
Report: _Resolution: _Ordinance: l
Amount Budgeted: N/A
Amount Requested:
Exhibits:
1. Ordinance
2. Deeds to Adjacent Owners (3)
3. Area Map
Budgeted Item: _YES --X-NO
SUMMARY & RECOMMENDATION
The City has received an application from Mr. Ben Stanford to vacate, abandon and close the
southernmost 275' of the alley in Block 4, Town of La Porte containing 4,400 square feet. The
applicant desires to close the alley to facilitate future development of Lots 6 thru 27 in the block.
City Staff has reviewed the request and expressed no objection to the closing. Mr. Stanford has
coordinated with both Centerpoint Energy and AT&T and paid all associated costs to relocate each
company's facilities from the alley adjacent to his property. Comcast responded to the closing
with a letter of no objection.
In accordance with Section 62.35 of the Code of Ordinances, Staff has ordered an independent
appraisal conducted of the right-of-way for which fair market value has been established at $1.50
per square foot. The City has subsequently received payment from the applicant in the amount of
$4,950 (75% of Fair Market Value per the ordinance).
Recommendation:
Staff recommends vacating, abandoning, and closing that portion of the alley in Block 4, Town of
La Porte situated between Lots 6-16 and Lots 17-27 as requested by the applicant.
Action Reauired of Council:
Approve an ordinance vacating, abandoning, and closing that portion of the alley in Block 4, Town
of orte situated between Lots 6-16 and Lots 17-27.
Council Agenda
Ron Bottoms, City Manager
-~h to
Date
ORDINANCE NO. 2010- 3;)~ ~ C)
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE
ALLEY IN BLOCK 4 , TOWN OF LA PORTE, HARRIS COUNTY, TEXAS,
AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE
ADJOINING LANDOWNERS, 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 owners of all of the property abutting
the hereinafter described portion of the Alley in Block 4, Town
of La Porte, Harris County, Texas; to vacate, abandon, and
permanently close the hereinafter described portion of the Alley
in Block 4, 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 portion of the Alley in Block 4, 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 portion of the Alley in
Block 4, 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 portion of the Alley
in Block 4, 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 portion of the Alley in Block 4, Town of
La Porte, Harris County, Texas, is hereby permanently vacated,
abandoned, and closed by the City of La Porte, to wit:
2
Beginning at a point being the northeast corner of Lot
6, Block 4, Town of La Porte,
Thence in a southerly direction along the west line of
the alley in Block 4, Town of La Porte, to the
southeast corner of Lot 16, Block 4, Town of La Porte,
a distance of two hundred seventy five (275) feet,
Thence in an easterly direction to
corner of Lot 17, Block 4, Town of
distance of sixteen (16) feet,
the
La
southwest
Porte, a
Thence in a northerly direction along the east line of
the alley in Block 4, Town of La Porte, to the
northwest corner of Lot 27, Block 4, Town of La Porte,
a distance of two hundred seventy five (275) feet,
Thence in a westerly direction to the northeast corner
of Lot 6, Block 4, Town of La Porte and point of
beginning, containing a total of 4,400 square feet as
illustrated on the diagram attached hereto as Exhibit
"A" and 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 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 i 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 _tJlf- DAY OF ~~
2010.
CITY OF LA PORTE
B~7~-7
~rry Bea~y, Mayor
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ATTEST:
~d1d
Martha Gillett, City Secretary
APPROVED:
Knox W. Askins, City Attorney
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PROPOSED ALLEY CLOSING
(4,400 SQ. FT.)
1 inch 100 feet
117
EXHIBIT "A"
ORD. # 2010-
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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:
, 2010
Grantor:
city of La Porte, a municipal corporation
604 West Fairmont Parkway, La Porte, TX 77571
Mailing Address:
Grantee:
Ben Stanford (as to an undivided 62.5%
interest), and John L. Stanford (as to an
undivided 37.5% interest)
Mailing Address:
10301 Northwest Freeway #408, Houston, TX 77092
Consideration: Ten and NO/100 Dollars ($10.00) cash and other good
and valuable considerations
Property (including any improvements) :
The west 1/2 of the alley in Block 4, Town of La Porte,
Harris County, Texas, adjacent to Lots 6 and 7, as
generally illustrated on Exhibit "A" attached herein and
made part hereof, containing a total of four hundred
(400) square feet, which Street Right-of-Way was vacated,
abandoned, and closed by City of La Porte Ordinance No.
2010- , passed and approved by the City Council of
the city of La Porte on , 2010.
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.
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Grantor for the consideration and subject to the reservations from
and exceptions to conveyance, conveys to Grante property
without express or implied warranty, and all wa nti that might
arise by common law and the warranties in 5.023 the Texas
Property Code (or its successor) are excl ed.
By:
Attest:
vff/ l1di~ I( Ld
Martha A. G111ett
City Secretary
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nox W. ASkins~
City Attorney
STATE OF TEXAS ~
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COUNTY OF HARRIS ~
~. . ~is instrument was acknowledged before me on the ~t~ay of
. , 2010, by Ron Bottoms, City Manager of the C1ty of La
Po te, a municipal corporation.
~t~b~~Of Texas
SHARON HARRIS
My Commission Expires
September 12. 2013
AFTER RECORDING RETURN TOa
PREPARED IN THE LAW OFFICE OFa
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, TX 77571
ASKINS & ASKINS, P.C.
P.O. Box 1218
La Portel TX 77572-1218
RESERVE A
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LOCATION OF PROPERTY
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EXHIBIT "A"
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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:
, 2010
Grantor:
City of La Porte, a municipal corporation
Mailing Address:
604 West Fairmont Parkway, La Porte, TX 77571
Grantee:
Mrs. Zula A. Stanford as Trustee, for the full
use and benefit of Jim Norris Stanford.
Mailing Address:
1801 20th Street #1827, Ames, IA 50010
Consideration: Ten and NO/loa Dollars ($10.00) cash and other good
and valuable considerations
Property (including any improvements) :
The west 1/2 of the alley in Block 4, Town of La Porte,
Harris County, Texas, adj acent to Lots 8 and 9, as
generally illustrated on Exhibit !JAil attached herein and
made part hereof, containing a total of four hundred
(400) square feet, which Street Right-of-Way was vacated,
abandoned, and closed by City of La Porte Ordinance No.
2010- , passed and approved by the City Council of
the City of La Porte on , 2010.
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.
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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 warranties that might
arise by common law and the warranties in .02 of the Texas
Property Code (or its successor) are exclu ed.
By:
Attest:
'-!JiM/add
City Secretary
~d:
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o W. ASkZ:;~
City Attorney ~
STATE
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instrument was acknowledged before me on the 1.4 'vi day of
, 2010, by Ron Bottoms, city Manager of the city of La
, rte, a municipal corporation. '
OF
TEXAS
COUNTY OF HARRIS
'ii,c;jtp~~ Texas
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SHAf<UN HARRIS
My Commission Expires
September '2.20\3
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, TX 77571
PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
AFTER RECORDING RETURN TO:
LTS 17 & 18 BLK 21
RESERVE A
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LOCATION OF PROPERTY
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LTS 10 THRU 27 BLK 4
EXHIBIT "A"
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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:
, 2010
Grantor:
city of La Porte, a municipal corporation
604 West Fairmont Parkway, La Porte, TX 77571
Mailing Address:
Grantee:
John L. Stanford, II and Ben D. Stanford
Mailing Address:
10301 Northwest Freeway #408, Houston, TX 77092
Consideration: Ten and NO/100 Dollars ($10. OO) cash and other good
and valuable considerations
Property (including any improvements) :
The west 1/2 of the alley in Block 4, Town of La Porte,
Harris County, Texas, adjacent to Lots 10 through 16, and
the east 1/2 of the alley in Block 4, Town of La Porte,
adjacent to Lots 17 through 27, as generally illustrated
on Exhibit "A" attached herein and made part hereof,
containing a total of thirty-six hundred (3,600) square
feet, which Street Right-of-Way was vacated, abandoned,
and closed by city of La Porte Ordinance No. 2010- ,
passed and approved by the City council of the city of La
Porte on , 2010.
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.
#:3
Grantor for the consideration and subject to the reservations from
and exceptions to conveyance I conveys to Grantee the property
without express or implied warranty, and all w ties that might
arise by common law and the warranties i 5.0 of the Texas
Property Code (or its successor) are excl ed.
Manager
By:
. Attest: ~
'1l!lI!44f
a a A. G llett
city Secretary
r:~
w. Ask1.ns
Attorney
STATE OF TEXAS ~
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COUNTY OF HARRIS ~ '
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, his instrument was acknowledged before me on the ~ day of
I 2010, by Ron Bottoms, City Manager of the City of La
rte, a municipal corporation.
W,C1Afl. ~
Not ry Public, State 0 Texas
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CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, TX 77571
PREPARED IN THE LAW OFFICE OFI
ASKINS & ASKINS, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
AFTER RECORDING RETURN TOI
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RESERVE A
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LTS 28 29 & 30 BLK 4
LTS 10 THRU 27 BLK 4
EXHIBIT "A"
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LOCATION OF PROPERTY
(3,600 SQ. FT.)
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AREA MAP