The URL can be used to link to this page

Home My WebLink AboutO-2010-3301 closing that portion of the alley in Block 13 B \ \ REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: December 13,2010 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 Grantee 3. Area Map Budgeted Item: _YES -X....NO SUMMARY & RECOMMENDATION The City has received an application from Ms. Mary Marguerite Holloway to vacate, abandon and close that portion of the alley in Block 13, Sylvan Beach Subdivision lying between Lots 6-10 and Lots 11-15 which contains a total of 4,000 square feet. Ms. Holloway desires to close the subject alley in order to unifY her property in the block to facilitate construction of a home. City Staff and each of the City's franchised utility companies (i.e. Centerpoint Energy, AT&T & Comcast) have reviewed Ms. Holloway's request and each company has issued a letter of no objection to the closing. In accordance with Section 62.35 of the Code of Ordinances, Staff ordered an independent appraisal of the alley in question to determine its fair market value. The appraisal determined the fair market value of the alley at $1.50 per square foot. The City has subsequently received payment from Ms. Holloway in the amount of $4,500 (75% of Fair Market Value per the ordinance). Recommendation: Staff recommends vacating, abandoning, and closing that portion of the alley lying between Lots 6-10 and 11-15 in Block 13, Sylvan Beach Subdivision as requested by the applicant. Action Required of Council: Approve an ordinance vacating, abandoning, and closing that portion of the alley in Block 13, Sylvan Beach Subdivision lying between Lots 6-10 and 11-15. It 11 ~C) Date ORDINANCE NO. 2010- ,~30' AN ORDINANCE VACATING, ABANDONING .AND CLOSING A PORTION OF THE ALLBY IN BLOCK 13, SYLVAN BEACH SUBDIVISION, HARRIS COUNTY, TEXAS, AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THB OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOP. 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 13, Sylvan Beach Subdivision, Harris County, Texasj to vacate, abandon, and permanently close the hereinafter described portion of the alley in Block 13, Sylvan Beach Subdivision, Harris County, Texasj 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 13, Sylvan Beach Subdivision, 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 13, Sylvan Beach Subdivision, 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 13, Sylvan Beach SUbdivision, 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 13, Sylvan 2 Beach Subdivision, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: That portion of the alley in Block 13, Sylvan Beach Subdivision situated between Lots 6 through 10 and Lots 11 through 1S of said block, containing a total of 4,000 square feet and generally illustrated on Exhibit "A" 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 Codej 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. PASSBD AND APPROVED THIS ATTEST: ~ Secretary A~;a/ c:L Knox W. Askins, city Attorney DAY OJ!' '()u... CITY OF LA PORTE By: \ Louis , ,., 3 2010. 4 ~ 7\ "\)0' L.. ..r:" , y"- \L. ~~! N \~ (\~I I I Ill~ ~u m I I i,l) ro,J I"" l!~ ~oj ~~ .2:01'-'05--9 12/20/2010" iPl --;~4- ....,.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: December 13, 2010 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: Mary M. Holloway 233 Vaughn, Deer Park, TX 77536 ~L f Mailing Address: Consideration: Ten and NO/10D Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements) : That portion of the alley in Block 13, Sylvan Beach Subdivision, Harris County, Texas, situated between Lots 6 through 10 and Lots 11 through 15 of said block, as generally illustrated on Exhibit "A" attached herein and made part hereof, containing a total of four thousand (4,000) 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 December 13, 2010. -"", I j ;/ 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 th~ 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 I conveys to Grantee the property without express or implied warranty, and all wa ies that might arise by common law and the warranties in .023 of the Texas Property Code (or its successor) are exclud a. jot, By: Attest: Yit4Arn'\~J)'P- M 'ha A. Gillett' City Secretary y m ~~ m I , V,i ~~I I I~' ,0 il* o iZved,:, -~ ~ ~~~r W. Askins / City Attorney STATE OF TEXAS t~ :ng ,,~ a~ ~ ;~ ~ -..,;;0 '\i:, \ \ . -'lJ:;:J: ~ .~ f /"0.,;) = ~ C rrt n N Cl:) '"U :x .t::'" .. ""TJ r= fl1 o ~f1 ~ ~ ~ COUNTY OF HARRIS ~ ~. JJ~ '~,I T 1S 1nstrument was acknowledge~ before me on the ~ day of , rem (, 2010, by Ron Bottoms, C1ty Manager of the City of La orte, a municipal corporation. ~It II){, ~JJ A vi', ot y Public, State of Texas N ~- I ( \ J' ....~ SHARON HARRIS My Commission Expires September 12. 2013 CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 ;j PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, TX 77572-1218 AFTER RECORDING RETURN TO: /# w.r; s ,.1. m ~ tri I ~J r~! I I i~, ",I i~ t'j ,/l! ~m ~ J~J:-.c-~ ~801v ~~ ~"l ~\ \I) \ IJ\ ~, , \ \ \ f\ \1\" \\10 t;~ ~~ ~ ...IIl!!!!!!!\I!Il!wl'\!_.....-'"-!!!.~!!C1'll :diiIl......._1O........iii-- . .... ,~~.!~Qf~ ,=~':r~~..1"...-=::=':= Ciritf lIll nEe '2. \) 1\)\\) , . -tk~