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HomeMy WebLinkAboutO-2010-3258 authorizing proposed sale of 81 Acre Tract located on Bay Area Boulevard 11 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 14.2010 Aoorooriation Requested By: .lohn .loern!\1 Source of Funds: N/ A Department: City Mauger Account Number: N/A Report: Resolution: Ordinance: Amount Budgeted: N/ A Ordinance Amount Requested: N'" Exhibits: Exhibits: Drawine: Deoictine: Covenants Budgeted Item: N/A vs. "in-city" Requirements SUMMARY & RECOMMENDATION After approval of proposed covenants/ restrictions, the City together with Cushman-Wakefield will have assembled the documents and marketing information to be utilized in advertising the sale of the 81 Acres. The City has previously retained Cushman/Wakefield to market the property and provide for a sealed bid process. This action will formally authorize the marketing and proposed sale of the 81 Acre tract located on Bay Area Boulevard. Council will have final authority to approve the sale of the 81 Acres upon receipt and review of the sealed bids. The attached drawings depict the proposed covenants related to open storage of shipping containers and a 15 ft. permanent landscape easement compared to a similar "inside city" situation. As discussed at the retreat we attempted to keep it simple and minimal. Action Reauired bv Council: ordinance authorizing proposed sale of 81 Acre Tract located on Bay Area Boulevard and g certain restrictive covenants. Date &/9/0 ORDINANCB NO. 2010- 3;;SS AN ORD:rNANCB AUTHORIZING THE SALB 01' AN 81 ACRB TRACT 01' LAND OWNBD BY THE CITY 01' LA PORTB ON BAY ARBA BOULBVARD, APPROVDIG DBBD COVBNABTS, KAlCING VARIOUS I'IRDINGS MID PROVISIONS RELATING TO THB SUBJBCT, I'IRDING COMPLIANCB WITH THE OPBB DBTINGS LAW, AND PROVIDING AN BI'I'BCTIVB DATB HBRBOI'. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte is the owner of an 81 acre tract of land on Bay Area Boulevard. The City Council of the City of La Porte hereby finds, determines, and declares, that the City of La Porte has no present or contemplated future need for said 81 acre tract of land. Section 2. The City Council of the City of La Porte hereby authorizes the sale of said 81 acre tract of land on sealed bids. Upon the sale of property, the deed conveying the property to the purchaser, shall contain the following restrictive covenants, to- wit: "COVENANTS: Grantee joins in the execution of this Special Warranty Deed, to evidence its agreement to the following covenants, which shall be considered covenants running with the land: 1. No portion of the Property shall be used for the incineration or disposal of hazardous waste, or for storage, processing, incineration or disposal of radio- active waste, or medical waste. 2. In the event that any portion of the Property is used for open storage of shipping containers, the shipping containers shall be stacked not to exceed four (4) containers in height. Minimum setback for open storage of shipping containers, shall be fifty feet (50') on Bay Area Boulevard; twenty-five feet (25') from the rear property line; and twenty-five feet (25') feet from each side property line. Until development of fixed and permanent structure (s) existing vegetation in the setback areas shall remain in place. 3. There shall be a permanent fifteen foot (15') landscape setback contiguous to Bay Area BOUlevard which, upon development of fixed and permanent structure(s) shall be landscaped by one of the following techniques: a) Leave in place existing trees and vegetation to provide a thorough and effective landscape. b) Develop and install a landscaping plan that includes a combination of trees, shrubs, grass and ground cover. For items a and b above, the actual length of required landscaping along the right-of-way of Bay Area Boulevard will be equal to the length of the new development that is parallel to the roadway. In all cases the 15' strip along the entire right-of-way of Bay Area Boulevard, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs." Section 3. The city Council officially flnds, 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 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 4. 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: PrO-Tern 2 ATTEST: ':JIte!tif1t City Secretary APPROVED: ~t:J Knox W. Askins City Attorney 3 EllGf; Of ROAD EDGE OF' ROAD OPEN STORAGE OF CONTAINERS BI\CK PROPERlY LINE ~ ~ ~ if ~ lil I - - - 51! BI\CK smACK LIE- - - I HI 7t':ltrr1F- IN CllV I 1. STl\Cl(JtoIG OF CONTAINERS TO BE NO I ~ MORE 1HAN rOUR (~) HIGH. ~ I 2. IN1lAI. ROW TO BE NO I.lORE lliAN I ~ TWO (2) CONTAINERS H1Glt. ~ I .. 3. SUCCESSl'tE ROllS TO 1Ncm:ASE BY I!! III NCREIlENTS OF ONE (1) TO " IIIIX. ill I:!I OF f'llUR (~) (PYRAMID PATTERN). :!II lil ~ti'= ~= REQ'O ON SIDES lil llil S. LANDSCAPE REOIJIIDlENT n: IN HI ZONE. ~ I L _ _ _ ~~ SE1IIACK~N=- _ _ ~ rRONT PROPERTY LINE ROADWAY (IN aT'() BI\CK PROPERTY LINE ... ~ ~ ~ '" ... ~ lil J - - - -25'BI\CK SE1IlI\CK UNE - - - I I I f ~D R[~nOhlS ON R1_At:RF.' SI'1'E I ... 1. STACKING OF CONTAINERS TO BE NO ... I ~ I.lORE 'THAN rOUR (~) HlGIf. '" I _ 2. NO PYRAIIID PATTERN REQUIRED. ;; ., 3. REQUIRE!) 15' L.ANIlSCAPE EASEJ.tENT ., I ~ ALONG BAY AREA BLVD. WrlEN DE'tEI.OPED. ; I V> 4. PRIOR TO DE'tEI.OPlIENT 'THE NA'TIJRAL ill I ~ 'tEGET"TION TO REIolAIN N SETBACKS. ~ I I~ ~I L _ _ _ _SO~ONT-=TBI\CK~ _ _ _ .J ----~~~--- rRONT PROPERTY UNE BAY AREA BlVD. ROADWAY (BAYPORT INDUSTRIAl... D1STRtC'Q I~RE~ ... :z ::) ~ ~ &: ~ lil 15I! WI SCREENING 180' HCF'CD EASEWENT !It ::l ~ 15 :!s f l!l lil ... . NI?T TO SCALE