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HomeMy WebLinkAboutR-2011-06 use of former Klein Retreat/Happy Harbor Methodist Home E REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: May 23, 2011 Appropriation Requested By: Stephen L. Barr Source of Funds: N/A Department: Parks & Recreation Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Exhibits: Land Use Resolution Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The Klein's Retreat Property and Happy Harbor Property were purchased for an undetermined future use. One possible use for a portion or all of the properties is for parkland, to connect the Seabreeze Park with Sylvan Beach to the southwest. The future land use has not been determined at this date. There is an issue of the properties becoming "de facto" parks, where the occasional recreational use becomes the primary activity and could be claimed as the intended use. While this is a possibility, in order to reserve the final determination of how the land will be used in the future, the City Attorney's office is recommending that this resolution be considered by the Council establishing that the future use has not been determined and that although the property is available for recreational use, it is not dedicated parkland. The resolution does not preclude the future use of the property as parkland, should the Council determine that should be its future use. It does eliminate the claim for "de facto" parkland based on previous use, should the Council decide some other future use for the land. tion R quired by Council: onsider , pproval or other action regarding a Land Use Resolution for former Klein's Retreat and Happy Harbor odist Ho' e properties. A i -S uncil A. enda 1■1- CAP ill Ron Bottoms, City Manager Date RESOLUTION No. 2011 0 0 2 WHEREAS, on May 25, 2004 the City of La Porte, Texas acquired a 3.6850 acre tract of land from Neighborhood Centers, Inc., located at 1010 Bayshore Drive along Galveston Bay, and commonly known as the "Klein Retreat" site; WHEREAS, on June 30, 2009 the City of La Porte, Texas acquired a 3.320 acre tract of land from the Aldersgate Trust, located at 1106 Bayshore Drive along Galveston Bay, and commonly known as the former "Happy Harbor Methodist Home" site; WHEREAS, the City of La Porte, Texas is in the process of considering any and all qualifying options for the use of the aforementioned properties; WHEREAS, despite the lack of development or active use of these tracts by the City of La Porte neither of the aforementioned sites are restricted from public access by a fence or other obstruction, and have been used for recreational purposes by the public; WHEREAS, the City of La Porte has not declared or dedicated either tract as a public park or parkland, nor has it utilized them as such; and furthermore was not required to do so under the terms of the conveyance instruments by which the City of La Porte received title to said tracts; WHEREAS, the City of La Porte desires to express its intent to preserve the right to utilize the aforementioned properties for any and all qualifying uses and to pursue such use as it deems proper; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: That the findings of the City and its actions approving this resolution taken at the council meeting are hereby approved and adopted. BE IT FURTHER RESOLVED that the City of La Porte City Council does hereby determine and declare that the property located at 1010 Bayshore Drive, and commonly known as the "Klein Retreat Site ", and the property located at 1106 Bayshore Drive, and commonly referred to as the former "Happy Harbor Methodist Home" site are not, and at no time have been, declared or dedicated as a public park or parkland. BE IT FURTHER RESOLVED that the City of La Porte shall install signs on the perimeter of both of the aforementioned properties to advise members of the general public of the fact that neither tract is a part of the La Porte park system or a public park. PASSED BY THE CITY COUNCIL of the City of La Porte, 0 his 3rd day of May 2011. a. trip S r s R. Rigby,R� o yor City Secretary ' r L T Al ' City Attorney