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Home My WebLink AboutO-2011-3314 closing the alley in Block 195 E REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Januarv 24. 2011 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. Deed 3. Area Map Budgeted Item: _YES -X....NO SUMMARY & RECOMMENDATION The City has received an application from Tim and Marsha De Walt to vacate, abandon and close the entire alley in Block 195, Town of La Porte containing a total of 7,600 square feet. The applicants desire to close the subject alley to unify their property in the block. City Staff and each of the City's franchised utility companies (i.e. Centerpoint Energy, AT&T & Comcast) have reviewed the applicant's closing request and each has expressed no objection to the closing. In accordance with Section 62.35 of the Code of Ordinances, Staff has ordered an independent appraisal of the alley to determine its fair market value. The appraisal has established the fair market value of the alley at $1.80 per square foot. The City has received payment from the applicants in the amount of$IO,260 (75% of Fair Market Value per the ordinance). Recommendation: Staff recommends vacating, abandoning, and closing the alley in Block 195, Town of La Porte as requested. Action ReQuired of Council: Approve an ordinance vacating, abandoning, and closing the alley in Block 195, Town of La Porte, a uthorize the execution and delivery of a deed to the adjacent landowner. J t91t / Date ORDINANCE NO. 2011- 33J4 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK 195, 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 195, Town of La Porte, Harris County, Texas; to vacate, abandon, and permanently close the hereinafter described alley in Block 195, 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 195, 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 195, 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 in Block 195, 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 195, 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 containing a total of 7,600 illustrated on Exhibit "A" herein. 195, Town of La Porte, square feet and generally incorpora ted by reference 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 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. 3 PASSED AND APPROVED THIS .,L~ DAY OF JOlllJ 01:J 2011. CITY OF LA PORTE By: igby, Mayor "- ATTEST: r Y11 f1ljYt ~ Sha~on Harris, Asst. City Secretary APPROVED: tI~ T -t~vv1. /;;)1' Knox W. Askins,- City Attoiney f),/S:; DEED WITHOUT WARRANTY 2011007'0433 ~~~;)/ 02/18/2011 RP2 $24.00 y. / NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU j:f' 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: January 24, 2011 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: Tim DeWalt and Marsha J. DeWalt husband and wife J-&U Mailing Address: 400 East Main Street, La Porte, TX 77571 OJ !jI~ ~ Consideration: Ten and NO/100 Dollars ($10.00) cash and other good ~ and valuable considerations I fj'l ~~ I .,~ .~ o Property (including any improvements) : ~ The entire alley in Block 195, Town of La Porte, Harris County, Texas, as generally illustrated on Exhibit "A" attached herein and made part hereof, containing a total of seventy-six hundred (7,500) square feet, \olhich Street Right-of-Way was vacated, abandon~d, and closed by City of La Porte Ordinance No. 2011-~~, passed and approved by the City Council of the City of La Porte on January 24, 2011. o l~,~ 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 023 of the Texas Property Code (or its successor) are excl ed. ~ ~ COUNTY OF HARRIS ~ ,-' This instrument was acknowledged before me on the~day of ~anU~.f (lJ , 2011, by Ron Bottoms, City Manager of the City of La ~nicipal corporation. ~)t111,'Jf~) ota: y PUb'1.ic, State of Texas By: Attest: r ~ D-l on \)it{ J J> 14/ ron Harrl.s Assistant City Secretary (,;, ~~ (~Il ~14 I cr~ ,~ I I ~[ 1\1 o AP~ #-;:~ Clark . Askins Assistant City Attorney f; " :::I: tL,1 \ 'l> '.1 j .'0 f1--" ~';'n ...1 .:.,;,:;::. ~~~/ ~~~ ~~ :;: ~ V)...,'j , 1'. STATE OF TEXAS ~~ ~~ ..... .- - -- - l@ SHARON HARRIS My Commission Expires September 12. 2013 ~ .- - J LTER 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 !v vA.-/' r--.) c::> "T1 ,..." co .,.., r rrl o CX) -0 :x ~ N ~ ~~ ~~} N tj'\ ~\ \ \~ '\Il~ \ \"C t'w e:;l ~<t\ ~~ 1~\ ,~~ U' ""0 ~ -<1 (. , ,-<1? hD~~ EXIllBlT "A" ,.- .\ '\\\i~ \, -"/" 4 " \i1:~. ", \ \v.' ~- :,J::" , ' s AL.L.EY CL.OSING B~OCK 195. TOWN OF ~A PORTE (71600 SQUARE FEET) t;'" '" ~~~ ~- e;,'" ""~ '~\ U' "'-^ -<1-S- -<1? ~ @(Q). l@& t\ilJ 'b.(.:"":"J ~~'1 N (j1 ll'"! \ (1; '1 ,I:, ~l~li l"~ f~) ~\ t1i ~t II<< flRMIJIlElUI m IBlII:1S llE WE IBDl. tJll.U rillE WCIIfD fEN. I'Rf9llYIlErME rI<nalalf'o.laSItfU)>>I)lEfaWIlElJQIIFBlJW.UK THE STATE OF TEXAS COUNlY OF HARRIS IIwlbJ cdr iii tit ilnR. fUD it fit.... SeiJIIa '" II dill 11II i II III _ "'rill; 11II* ~ 1fWI8), i1l1l*:i11 flItj: AIaIldIrA fill f'Ia!iedy fA HIli CaRl. .. e FEB 18 2011 S 1-- :;; I-~.d- COUNTY CLERK HARRIS COUNV. TEXAS