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Home My WebLink AboutO-2010-3256 closing of the alley in Block 1372 E 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: Planninl! Amount Budgeted: N/A Report: _Resolution: _Ordinance: l Amount Requested: Exhibits: 1. Ordinance 2. Deed to Adjacent Owner 3. Area Map Budgeted Item: _YES -A-.NO SUMMARY & RECOMMENDATION The City has received an application from Christ Lutheran Church to vacate, abandon and close the alley in Block 1372, La Porte. The church desires to close the alley to unify its property (Lots 1-16 & 17-32) in the block into one economic unit of land. In reviewing the church's application, Staff has determined that no public utilities exist within the subject alley. Upon review the closing request, Staff has identified the need for an easement to pedestrian access to Bayshore Elementary School as well as a proposed sanitary sewer main along McCabe Road. Staff has met with church representatives to discuss a possible land swap between the two parties. The church has agreed to dedicate two easements to the City in turn for closing of the alley in Block 1372: 1. A ten (10) foot wide pedestrian & sanitary sewer easement along McCabe Road 2. A ten (l0) foot wide construction easement located north of & parallel to the pedestrian & sanitary sewer easement (see Exhibit 3). Based on comparable HCAD land values of adjacent properties, the value of the alley in Block 1372 is $2.00 per square foot. The alley contains 6,400 square feet ofland resulting in an overall value of $12,800. Christ Lutheran Church's maintains 621.86 feet of frontage along McCabe Road. HCAD land values of adjacent properties along McCabe Road averages $1.04 per square foot. The square footage area of easement dedicated to the City by the church is 12,437 square feet resulting in a value of$12,935. Recommendation: Staff recommends vacating, abandoning, and closing the alley in Block 1372, La Porte to Christ Lutheran Church in return for dedication of a ten (l0) foot wide pedestrian & sanitary sewer easement and a ten (10) foot wide construction easement along McCabe Road. Action Required of Council: A ve an ordinance vacating, abandoning, and closing the alley in Block 1372, La Porte to Christ uthe an Church in return for dedication of a ten (10) foot wide pedestrian & sanitary sewer easement and a en (1 ) foot wide construction easement along its McCabe Road frontage. ~ Council Agenda ORDINANCE NO. 2010- 3;). 5w AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK 1372, 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 1372, Town of La Porte, Harris County, Texas; to vacate, abandon, and permanently close the hereinafter described alley in Block 1372, 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 1372, 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 1372, 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 1372, 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 1372, 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 1372, 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 Exhibi t "A" incorporated by reference herein. Section 2. The City Council officially finds, determines, reci tes, 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 Ci ty 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. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED THIS ItfII- ATTEST: . LfrlMiI/./f Martha Gillett, City Secretary APPROVED: !~~ r~ I Knox W. Askins, City Attorney 3 DAY OF J {Jfi e 2010. CITY OF LA PORTE By: lJ.J C/) a::: :::> o o lJ.. -J o (!) I- C/) lJ.J a::: o lJ.. >-- ~ ~ Q c-:, ~ , ~ ~ q; ~ .... ~ :::> ~ fi <.> :x: 1372 1 S."X'ST. S."Y'ST. 4 N W<i)" s 1jjb. OAKHURSTAVE~.'...~ I- VJ ~ :5: o <( o 0::: [Q VJ 1337 1 1 inch 100 feet" v~ DuJ o I'''' o r,p> ,1 I , i~lil , I I ,~ r'~ , 1:1 tJ,j ~ REceIVED OCT 2 1 2D1G e,"" se.CtlElAR'f'S OFftC€ DEED WITHOUT WARRANTY A9l/:J04.44-~3>1";; J,U.. Ln 2010 RPl -$24.00 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: May 10, 2010 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: Christ Lutheran Church of La Porte a Texas non-profit corporation ~ Mailing Address: 2530 South Broadway, La Porte, TX 77571 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 1372, Town of La Porte, Harris () County, Texas, 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 alleys were vacated, abandoned, and closed by City of La Porte Ordinance No. 2010-3256, passed and approved by the City Council of the City of La Porte on May 10, 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. 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 By: i1j 1:! 1\" 'f"i I ! N ~~~ I '~~ :J: l~ ):> :::0 :::on Jig ':-;.z ~)-i ~ :~:-< .' ;':; (") ~ r " ~..l;j tl ~;:;: >< ','> <) \ APP~U Knox W. Askins City Attorney rl!!iI l;lOlj ~!!!' STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This instrument was acknowledged before me on the J~~ay , 2010, by Ron Bottoms, City Manager of the City of municipal corporation. ~ . ~ ~ ItJU ...... l::) - c::. o ("') ...... .,., r 1"'1 CJ en -0 :z iSl U'I 41!\ of La i~~"~" YVONNE GARRISON i*i r'J: MY COMMISSION EXPIRES ~'lt. . . .i:~' October 28,2013 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 v/ ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, TX 77572-1218 4Ji C:I ~ ~'!:li '1"'1 I ) I N ~ I f,j'i t\.. ;l"'I ,,.; ~I r:t: l.U V? gs o o lJ.. -l o (!) l- V? ~ o lJ.. >- ~ '"" C ~ '"" ~ '"" ~ d <: ,... ~ ::; 8 ~ :x: 1 S."X'ST. I 1372 S' ' S. "Y'ST. EXHIBIT flAil 4 N W(i). 1 JJt/ . rOAKHUR$T/AVE"~" P In >=: ~ 1337 o <( ~ a:l ti> 1 :1 inch' - 1'00 fear I;} \!,~ i~'''' ~"'i I I J(IIJ ""....lIIBlllllJlREIID 1IESM.E.1BT.lL. at \IlECfllEleClEl Af.IL PlUBllYBUECf CXlL1l atlW:E 11IlWtI)1Il1JflJGtaE lJIIR fBIEM. UiW. THEITATEOFTEXAS COUNTY OF HARRIS . 1-.,..,............ FlSlIllIt... ~. ...11II11... _-Ii......,lBlRB.iltlMlNt....lIIll11,.lIIl111ri1 -.. OCT 1 5 2010 ~ I 'fl'i , ,~;~ 1:1 ~.;d'~~/ COUNTY ClERK HARRIS COIMTY. TEXAS ~4 ~ N W+p. f-l