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Home My WebLink AboutO-2010-3254 closing the southernmost 200’ of the alley in Block 327 c -,- -', " - . ._-,..~",-,~.~~.....,,^'-~-"-~ ' -----.... . -- -..-. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June 14.2010 Source of Funds: N/A Requested By: Tim Tietiens Account Number: N/A Department: Plannine: Amount Budgeted: N/A Report: _Resolution: _Ordinance: l Amount Requested: Exhibits: 1. Ordinance 2. Deed to Owner 3. Area Map Budgeted Item: _YES -LNO SUMMARY & RECOMMENDATION The City has received a joint-application from La Porte Commercial Properties, LP (owner of Lots 9-16 & 17-24) and Mrs. Linda Westergren (owner of Lots 5-8) to close the entire alley in Block 327, Town of La Porte. La Porte Commercial Properties, LP, who owns all property adjacent to the south Y:z of the alley has completed the requirements of its portion of the application and desires to proceed with closing (Mrs. Westergren's request to close the remaining north Y2 of the alley will be presented to Council at a later date upon completion of her portion of the application). In its review of La Porte Commercial Properties, LP's portion of the application, Staff identified an existing 8" sanitary sewer main within the alley of the block for which the company has executed a sanitary sewer easement to the City. This instrument will be filed for record upon Council's approval of this ordinance. Additionally, the company has executed individual easement agreements with both Centerpoint Energy and AT&T for each company's existing facilities within the alley. Comcast responded to the application with "no objection". In accordance with Section 62.35 of the Code of Ordinances, Staff has procured an independent appraisal of the alley for which fair market value has been established at $1.1 0 per square foot. The City has subsequently received payment from La Porte Commercial Properties, LP for its portion of the alley in the amount of $2,640 (75% of Fair Market Value per the ordinance). Action Required of Council: · Approve an ordinance vacating, abandoning, and closing the southernmost 200' of the alley in Block 327, Town of La Porte; Authorize execution of a Deed without Warranty from the City to La Porte Commercial Properties, LP to the southernmost 200' of the alley in Block 327, Town of La Porte. IJ1 /kJ Date Ron Bottoms, City Manager ORDINANCE NO. 2010- 3~5'-1 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 327, 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 portion of the Alley in Block 327, Town of La Porte, Harris County, Texas; to vacate, abandon, and permanently close the hereinafter described portion of the Alley in Block 327, 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 327, 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 327, 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 327, 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 327, 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 9, Block 327, Town of La Porte; Thence in a southerly direction along the west line of the alley in Block 327, Town of La Porte, to the southeast corner of Lot 16, Block 327, Town of La Porte; a distance of two hundred (200) feet; Thence in an easterly direction to the southwest corner of Lot 17, Block 327, Town of La Porte, a distance of sixteen (16) feet; Thence in a northerly direction along the east line of the alley in Block 327, Town of La Porte, to the northwest corner of Lot 24, Block 327, Town of La Porte, a distance of two hundred (200) feet; Thence in a westerly direction to the northeast corner of Lot 9, Block 327, Town of La Porte and point of beginning, containing a total of 3,200 square feet as generally 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; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subj ect 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. Individual utility easements have been executed for an existing sanitary sewer main, as well as existing Centerpoint Energy and AT&T facilities located within the above- described portion of the alley of Block 327, Town of La Porte. 3 Energy, and AT&T. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 14th day of June, 2010. By: ATTEST: {!Ji#i: Ilffit- City Secretary APP~~ ~ Knox W. Askins City Attorney iJ '..f ;7 f/ f" JI) ~'I,~ lij~ ~tI N I i "", liI!l'l ,~ I I '~~ ~I. I~~\ ~ I~ (~~ 201004~2119 09f24f2010 RP2 $20.00 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: June 14, 2010 Grantor: City of La Porte, a municipal corporation 604 West Fairmont Parkway, La Porte, TX 77571 Mailing Address: Grantee: La Porte Commercial Properties, LP /~ Mailing Address: 1000 uptown Park Blvd. #81, Houston, TX 77056 Consideration: Ten and NO/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements) : The south 1/2 of the alley in Block 327, Town of La Porte, Harris County, Texas, adjacent to Lots 9 through 24, as generally illustrated on Exhibit "A" attached herein and made part hereof, containing a total of thirty- two hundred (3, 200) square feet, which Street Right-of-Way was vacated, abandoned, and closed by City of La Porte Ordinance No. 2010-3254, passed and approved by the city Council of the City of La Porte on June 14, 2010. /) J-.~~ SUBJECT TO: Grantor retains for itself, AT&T, and Centerpoint Energy, a public utility easement as described in separate easement documents from Grantee to AT&T, Centerpoint Energy, and the City of La Porte. RECORDER'S MEMORANDUM Exhibit(s) Not Attached 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 warranties that might arise by common law and the warranties in ~5. 023 of the Texas Property Code (or its successor) are exclude By: ~ Attest, ~~ ~Gnlett City Secretary ~j 1~1I1 Knox City IJ~ N i I~'I IIliI ~,~ I if' ~ ill<"t. .~~ ~~ ~ STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This instrument was acknowledged before me on the ~~y of , 2010, by Ron Bottoms, City Manager of the city of La municipal corporation. . ~ ~,'i;r~'r~!f;;:< YVONNE GARRISON ~,,(::.:A;-i*~ MY COMMISSION EXPIRES ",~,~"co'" \;:i-~'",,<:"~" October 28 2013 '".lfft,,'" , // 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 '~! I~I~ I;i N I '~~I 1,,,,, ~ i i ,~ l~~ I~'i I'~ ~<! ~ i,IlYPROViSCN HEREiN WHICH R"TRIC1S WE SI~E Rml.L OR USE Of THE DESCRiBED REAL PRO',RiY BECAUSE Of COLOR )R RACE is INYALlD AND UhENF-ORCEA8lE UNDER FEDERAll),W THE STATE OF TEXAS COUNTY OF HARRIS I ~lrtbj cl!\fy ~Itlli$ ~lt1imlo1: o1S filED 1\ fie Numttr SiqUl!IC1 en Ill! dati 1M IlIliI J111 S1!mtlla MreCII bl ml; 1M "'I a,l! RE~ROED In VlI ~lil ?,Die R~~ el Rill rtll't1lJ efHarris (M:y,T..Cll e SEP 2 4 2010 ~~~ COUNTY C1.ERK HARRIS COUNTY, TEXAS '~ .~ ;0 ~ ;:t;.l ('") \, ';;0 ~, -"}S t.',", ':-... ....- ---{ ii-< -1('") >. .-<::;; (l.1'{ '-f ;;0 r~ \ ""x X )> If> \ !> N c::::) - = c.n m ." N ~ ." :z N .'. (J1 \0 'Tj - r rrr o W BARBOURS CUT BLVD BLOCK 327 ALLEY CLOSING l & PUBLIC UTILITY ESMT. I- (3,200 SQ. FT.) '\ en I- 16' en ..... \ z '\ b 0 N - 4 N W~E ~ '1V s I- en ~ ~ c <C o 0:: In Z NORTH "E" ST. TO ORDINANCE NO. 2010 - EXHIBIT "A" " 4