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HomeMy WebLinkAboutO-2011-3347 closing alleys in Blocks 373,374,and 376ORDINANCE NO. 2011- ��A� AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEYS IN BLOCKS 373, 374, AND 376, 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 alleys in Blocks 373, 374, and 376, La Porte; to vacate, abandon, and permanently close the hereinafter described alleys in Blocks 373, 374, and 376, 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 alleys in Blocks 373, 374, and 376, 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 alleys in Blocks 373, 374, and 376, La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described alleys in Blocks 373, 374, and 376, 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 alleys in Blocks 373, 374, and 376, La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: 4 TRACT ONE: The alley in Block 373, 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 Exhibit "A" incorporated by reference herein. TRACT TWO: The alley in Block 374, 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 Exhibit "A" incorporated by reference herein. TRACT THREE: The alley in Block 376, 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 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 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 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED THIS DAY OF2011. am ATTEST: Patrice Fog , Ci y Secretary APPROVED: Knox W. Askins, City Attorney CITY OF LA PORTE REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 9, 2011 Requested By: Tim Tietiens Department: Planning Report: Resolution: Ordinance: X Exhibits: 1. Ordinance 2. Deed to Grantee 3. Area Map Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: _YES _X_NO SUMMARY & RECOMMENDATION The City has received an application from La Porte Real Property, LLC to vacate, abandon and close the alleys in Blocks 373, 374 & 376, La Porte. The applicant desires to close these alleys to unify his property for future development of the former Harris County Landfill site located on North Broadway. Staff, as well as the City's franchised utility companies (i.e. Centerpoint Energy, AT&T and Comcast) have each reviewed the request and have stated no objection to the closings. In accordance with Section 62.35 of the Code of Ordinances, Staff has 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 $2.40 per square foot. The City has subsequently received payment from the applicant in the amount of $34,560 (75% of Fair Market Value per the ordinance). Recommendation: Staff recommends vacating, abandoning, and closing the subject alleys as requested by the applicant. Action Required of Council: Approve an ordinance vacating, abandoning, and closing the alleys in Blocks 373, 374 & 376, La Porte and authorizing the execution and delivery of a deed to the adjoining landowner. for CityACouncil Agenda Ron Bottoms, City Manager I-Lft / Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 9, 2011 Requested By: Tim Tietjens Department: Planning Report: X Resolution: Ordinance: X Exhibits: Letter of Request Exhibits: Ordinance Exhibits: Deed Exhibits: Area Map Budeet Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION Over the past several years, the City of La Porte has'assisted the La Porte Chapter of Bay A Humanity by donating numerous tax foreclosure properties or other properties owned by the purpose of providing families meeting specific income requirements the opportunity to fulfi of home ownership. The Bay Area Habitat for Humanity has requested the City provide foul building sites to facilitate construction of four homes over the next program year in the nortl Porte. The City currently owns eight platted lots (four buildable sites) on N. 7`h Street just north of Street that were originally intended for the North Side Neighborhood Program funded in part County. However, the economic downturn and mortgage crisis caused a lack of qualified bu} participation in the program was temporarily suspended. Because the lots are idle, it was sug; Bay Area Habitat utilize two of the four buildable sites at this time, with a possibility of two more pater in the year. For visual consistency, the Bay Area Habitat has agreed to use a brick fagade in keeping with the North Side Neighborhood Program homes. As the fee title owner of the lots, the donation would require no additional cost to the City. Home ownership is the single most effective way for many families to build personal wealth. The Habitat for Humanity program utilizes sweat equity of the recipient families and volunteer labor in construction to achieve affordability and long term success of the recipients. Action Required by Council: Approve o ce authorizing the Mayor to execute a Special Warranty Deed for Lots 17-18 and Lots 19-20,ock 111, Town of La Porte to the Bay Area Habitat for Humanity. ApprovedMif City Gougff.Agenda on Bottoms, City Manager Date Date Bay Area 'Rko ® o Habitat for Humanity' Houston City of LaPorte 604 W. Fairmont Pkwy LaPorte, TX 77571 Dear Ron Bottoms, Now More Vim Ever Help Build It! Bay Area Habitat For Humanity -Houston, Inc. is a non-profit 501(c)(3) housing ministry that builds safe, decent homes in partnership with families carving less than 60% of the area medium income. We are an affiliate of Habitat for Humanity International which builds in over 100 countries. We follow a nondiscriminatory process of selecting families based on need, willingness to partner and the ability to repay the loan. Families must invest at least 300 hours of "sweat equity" into building Habitat homes before buying their home. Homes are built with volunteer labor and are sold as cost with a twenty year no -interest mortgage. Homes cost about $70,000 and appraise for around $90,000. Volunteers provide labor, funding and in-kind donations and homeowner mortgages help fund additional homes. As we look to expand our ministry and change the lives of many more needy families, Bay Area Habitat for Humanity -Houston respectfully requests the support of the City of LaPorte. We are requesting four building sites on North 7"i Street. Our program provides families with affordable housing and helps increase wealth by asset building through homeownership. Your assistance will increase the number of families we can serve and extend the social and economic benefits our organization provides in LaPorte. Should you have any questions concerning our mission and organization, please do not hesitate to call me at the office # 281 337 3590 or nainsworth@ubahth.org. Thank you for considering our application to support our mission to eliminate poverty housing, Iartn r hi _, lie a fan-Aijrt Executive Director P.O. Box 1284, Dickinson, TX 77539 Phone: (281) 337-3590 fax: 281-337-3590 (tali first) %vtv<v.bahih.org 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: May 9, 2011 Grantor: City of La Porte a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: La Porte Real Property, LLC a Texas limited liability company Mailing Address: 1655 Louisiana, Beaumont, TX 77701 Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements): TRACT ONE: The alley in Block 373, La Porte, Harris County, Texas, situated between Lots 1 through 16 and 17 through 32, as generally illustrated on Exhibit "A" attached hereto and made part hereof, containing a total of sixty-four hundred (6,400) square feet, which alley Right -of -Way was vacated, abandoned, and closed by City of La Porte Ordinance No. 2011-W�, passed and approved by the City Council of the City of La Porte on May 9, 2011. TRACT TWO: The alley in Block 374, La Porte, Harris County, Texas, situated between Lots 1 through 16 and 17 through 32, as generally illustrated on Exhibit "A" attached hereto and made part hereof, containing a total of sixty-four hundred (6,400) square feet, which alley Right -of -Way was vacated, abandoned, and closed by City of La Porte Ordinance No. 2011- passed and approved by the City Council of the City of La Porte on May 9, 2011. TRACT THREE: The alley in Block 376, La Porte, Harris County, Texas, situated between Lots 1 through 16 and 17 through 32, as generally illustrated on Exhibit "A" attached hereto and made part hereof, containing a total of sixty-four hundred (6,400) square feet, which alley Right -of -Way was vacated, abandoned, and closed by City of La Porte Ordinance No. 2011- , passed and approved by the City Council of the C ty of La Porte on May 9, 2011. 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. _ By: Attest: Patrice Fogarty City Secretary Appr d : Knox W. Askins City Attorney STATE OF TEXAS § COUNTY OF HARRIS § Cit , City Manager / % This instrument was acknowledged before me on theZ d Yy of fY , 2011, by Ron Bottoms, City Manager of the y of La Porte municipal corporation. 4A'J7- �]1\I INN YVONNE GARRISON �:•=WCOMMISSIONEVIREs tart' Pu llc, State o—f Texas October 28, 2013 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: i 1 CITY OF LA PORTED: ASKINS & ASKINS, P.C. 604 West Fairmont Parkway P.O. Box 1218 La Porte, TX 77571 La Porte, TX 77572-1218 <,.r x © t" / % This instrument was acknowledged before me on theZ d Yy of fY , 2011, by Ron Bottoms, City Manager of the y of La Porte municipal corporation. 4A'J7- �]1\I INN YVONNE GARRISON �:•=WCOMMISSIONEVIREs tart' Pu llc, State o—f Texas October 28, 2013 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: i 1 CITY OF LA PORTED: ASKINS & ASKINS, P.C. 604 West Fairmont Parkway P.O. Box 1218 La Porte, TX 77571 La Porte, TX 77572-1218 EXHIBIT "A" EXHIBIT "A" to ORDINANCE" x WE s 24 7 8 PROP. ALLEY CLOSING IN BLOCK 376, LA PORTE 378 PROP. ALLEY CLOSING IN BLOCK 374, LA PORTE 8 1371 , PROP. ALLEY CLOSING 0 IN BLOCK 373, LA PORTE 1 1 inch w 200 feet G! AW PO6gN iEi€N 1k1QI MINCI IME sll.E FOM OR M Cf n+E OE' 11 PEO HFx PROPeRVWASEOPMORONPAMONUANDulNACF,tdtELWOFEML* THE STATE OF TEXAS COUNTY OF HARRIS 1 W*a* tr lit WWW = FLED a Fia *AV Sqm m t• di yd d it im �� q��dmerrREcaFa�.hrro�rP+u�Re�caRwPpv�;d�lw: JUN 10 2011 1 `���� COUNTYHARRIS COUNTY� askins & askins P.c. ATTORNEYS and COUNSELORS Knox W. Askin Clark T. Askins June 23, 2011 La Porte Real Property, LLC 1655 Louisiana Beaumont, TX 77701 Dear Sir/Madam: I enclose herewith your original Deed Without Warranty from the City of La Porte, which was recorded on June 10, 2011, under Harris County Clerk's file No. 20110237823. I have rendered this property in the name of La Porte Real Property, LLC, with the Harris County Appraisal District. A copy of my letter to them is enclosed for your files. It was my pleasure to have been of service to you in this matter. You v truly, Knox W. Askins City Attorney City of La Porte KWA:sw Enclosures CC: via email Mr. Brian Sterling GIS Manager City of La Porte Ms. Cathy Powell Tax Assessor Collector City of La Porte 702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218 281.471.1887 phone • 281.471.2047 fax • knoxaskins@comcast.net • ctasldns@swbell.net askins & askins P.c. ATTORNEYS and COUNSELORS Knox W. Askin Clark T. Askins June 23, 2011 Harris County Appraisal District ATTENTION: NAME/ADDRESS CHANGE P.O. Box 920975 Houston, TX 77292-0975 Re: See attached copy of Deed. Dear Sir/Madam: La Porte Real Property, LLC has acquired the property described on the attached deed, dated May 9, 2011. Please place this property in the name of La Porte Real Property, LLC, on your tax rolls and mail all future tax bills to it at the address as shown below. Thank you for your kind assistance in this matter. Yours very truly, Knox W. Askins KWA:sw Enclosure CC: La Porte Real Property, LLC 1655 Louisiana Beaumont, TX 77701 702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218 281.471.1887 phone • 281.471.2047 fax • knoxaskins@comcast.net • ctaskins@swbell.net