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HomeMy WebLinkAboutO-2011-3355 closing a portion of the alley in Block 327 C REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June 13, 2011 Source of Funds: N/A Requested By: Tim Tietiens Account Number: N/A Department: Planning Amount Budgeted: N/A Report: Resolution: Ordinance: X Amount Requested: N/A Exhibits: Budgeted Item: _ YES X NO 1. Ordinance 2. Deeds to Grantees 3. Sanitary Sewer Easements to City 4. Area Map SUMMARY & RECOMMENDATION The City has received an application from Mrs. Linda Westergren to vacate, abandon and close a 1,600 square foot portion of the alley in Blocks 327, La Porte. The applicant desires to close the alley to unify Lots 5 thru 8 (owned by Mrs. Westergren) and Lots 25 thru 28 (owned by Fred Westergren) in the block for future development. City Staff as well as the City's franchised utility companies (i.e. Centerpoint Energy, AT &T and Comcast) has reviewed the applicant's closing request. As a result, AT &T and Comcast have each issued letters of no objection to the closing while Centerpoint and the City have identified the need for utility easements to facilitate existing electrical and sanitary sewer facilities within the portion of the alley to be closed. The applicant has subsequently executed easement agreements for these facilities with both Centerpoint Energy and the City of La Porte. 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 $1.10 per square foot. The City has subsequently received payment from the applicant in the amount of $1,320 (75% of Fair Market Value per the ordinance). Staff recommends vacating, abandoning, and closing the subject alley, retaining a 16' sanitary sewer easement for the City of La Porte, and executing and delivering a deed for the closed alley to the adjoining landowners. Action Required of Council: Approve an ordinance vacating, abandoning, and closing that portion of the alley in Blocks 327, La Porte, situated between Lots 5 thru 8 and Lots 25 thru 28; authorize the recordation of a sanitary sewer easeme ed to the City from the applicant; and authorize the execution and delivery of a deed to the . ' oining : downers. Appro fo City ' 4i1 Agenda �r 644 Ron Bottoms, City Manager Date ORDINANCE NO. 2011- S 3 !') AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 327, LA PORTS, HARRIS COUNTY, TEXAS RETAINING A SIXTEEN (16') FOOT WIDE SANITARY SEWER EASEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNERS, 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 portion of the alley in Blocks 327, La Porte; to vacate, abandon, and permanently close the hereinafter described portion of the alley in Block 327, 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 portion of the alley in Block 327, 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 portion of the alley in Blocks 327, La Porte, 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 327, La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTEs 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 327, La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: 2 That portion of the alley in Block 327, La Porte, situated between Lots 5 through 8 and Lots 25 through 28 of said block, containing a total of 1,600 square feet and generally illustrated on Exhibit "A" incorporated by reference herein. Section 2. The City of La Porte hereby retains for itself, its successors and assigns, a sixteen (16) foot wide sanitary sewer easement within that portion of the above- described alley closing. Section 3. 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 4. This ordinance shall be effective from and after its passage and approval, and it is so ordered. 3 PASSED AND APPROVED THIS /6.. DAY OF 2011. CITY OF LA PORTE By: V .J• , uis R. 4•by, Mayor ATTEST: ILE / %wAtO %LI 4 a✓. Patrice Fogar , Cit ' Secretary APPROVED: IKZ ‘41 9- 9•■ Knox W. Askins, City Attorney EXHIBIT `A' L1 1 , EXHIBIT "A" TO ORDINANCE ~ » R NV s Akt,; _t � / S / : _ -3 :- : - - , ; -:',:. __ tgrarl \ \ \ 4 \ \ \ As OURS - U &BLVD Es o R- U- s VD- t I PROPOSED ALLEY CLOSING & EASEMENT IN BLOCK 327, LP 1, ? , & / LOTS 5-8 LOTS 252 ) m z ti \ , \ . C \ CD \ ; ± .. / . 1 inc h = 100 #e 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: June 13, 2011 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: Linda Westergren Mailing Address: P.O. Box 610, La Porte, TX 77572 Consideration: Ten and No /100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements): That portion of the alley in Block 327, Town of La Porte, Harris County, Texas, situated between Lots 5 through 8, as generally illustrated on Exhibit "A" attached herein and made part hereof, containing a total of eight hundred (800) square feet, which Street 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 June 13, 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 al ranties that might arise by common law and the warranties n §'.023 of the Texas Property Code (or its successor) are ex. ude• i City f •-' to By: 1 ,1. Ron Bottoms, City Manager Attest: /,/ / / 44 k iii/d .ae: S - on Harris Assistant City Secretary Approved: (Z4"/ 2L; . / 1tw,- Clark T. Askins Assistant City Attorney STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on the el day 7111 , 2011, by Ron Bottoms, City Manager of the City of La Porte, a municipal corporation. N tary Public, State of Texas ,, SHARON HARRIS WO My Commission Expires September 12, 2019 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: CITY OF LA PORTE ASKINS & ASKINS, P.C. 604 West Fairmont Parkway P.O. Box 1218 La Porte, TX 77571 La Porte, TX 77572 -1218 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: June 13, 2011 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: Fred Westergren Mailing Address: P.O. Box 610, La Porte, TX 77572 Consideration: Ten and No /100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements): That portion of the alley in Block 327, Town of La Porte, Harris County, Texas, situated between Lots 25 through 28, as generally illustrated on Exhibit "A" attached herein and made part hereof, containing a total of eight hundred (800) square feet, which Street Right -of -Way was vacated, abandoned, and closed by City of La Porte Ordinance No. 2011-55, passed and approved by the City Council of the City of La Porte on June 13, 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 al arranties that might arise by common law and the warranties n :5.023 of the Texas Property Code (or its successor) are ex. ude•. Cit, a 'o e 4 By: Ron Bottoms, City Manager Attest: '.'d c ` 4.r1L1� Sha on Harris Assistant City Secretary Appro ed: / K/. / . Clark T. Askins Assistant City Attorne / STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the J day of J Wit , 2011, by Ron Bottoms, City Manager of the City of La Porte, a municipal corporation. o Public, State of Texas 1 I ` SHARON HARRIS 1 * # My Commission Expires I ■ ��« September 12, 2013 ' AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: CITY OF LA PORTE ASKINS & ASKINS, P.C. 604 West Fairmont Parkway P.O. Box 1218 La Porte, TX 77571 La Porte, TX 77572 -1218 4 EXHIBIT "A" "" EXHIBIT "A" TO ORDINANCE N W E gAliZ i td,„ 414 W- BARBOURS - CUT- -BL-VD E BARBOURS-CUT-BLVD— ti PROPOSED ALLEY CLOSING & EASEMENT IN BLOCK 327, LP LOTS 5-8 LOTS 25 -28 O a , z Ir N w Z 1 inch = 100 feet 1 SANITARY SEWER EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS That LINDA WESTERGREN ( "Grantor "), for and in consideration to Ten and no /100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF LA PORTE ( "Grantee "), a Municipal Corporation, the receipt and sufficiency of which is hereby acknowledged and confessed, have this day GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents do GRANT, SELL AND CONVEY unto said GRANTEE, and to its successors and assigns the perpetual right, privilege and easement, with appropriate rights of ingress and reasonable working area for construction and maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace, repair and remove AN 8" SANITARY SEWER LINE together with all necessary appurtenances, over, across, through and under that certain tract or parcel of land lying and being situated in Harris County, Texas and being more particularly described on Exhibits "A" & "B" attached hereto and made a part hereof for all purposes. TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto in anywise belonging unto said GRANTEE, and its successors or assigns, in accordance with the terms and conditions hereinabove set forth. The GRANTOR does hereby bind itself, its successors or assigns to WARRANT AND FOREVER DEFEND, all and singular the said easement unto the GRANTEE, its successors or assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS THE EXECUTION HEREOF on this the day of ! /,/ /2011. -1 1 1 reei Linda We tergren, Grantor / This instrument was acknowledged before me on the I day of \ 2011 by r \1J , , Wises\ • £ Pubtteoas Mailing Address of Grantee .. City of La Porte 01RYP LOREATHA STRANGE 604 West Fairmont Parkway , , , � NOTARY PUBLIC %a STATE OF TEXAS La Porte, Texas 77571 1 °fyr r��45 MYCOMM.EXP.05(os /2014 • 2 EXHIBIT "A" West 1 /2 of a 16' Sanitary Sewer Easement Within a closed portion of the alley in Block 327, La Porte Being an 800 square foot tract of land situated within a closed portion of the alley in Block 327, La Porte, Harris County, Texas, and being more particularly described by metes & bounds as follows; BEGINNING at the northeast corner of Lot 5, Block 327, La Porte; THENCE in a southerly direction along the east line of Lots 5 through 8, Block 327, La Porte, to the southeast corner of Lot 8, Block 327, La Porte; a distance of 100 feet; THENCE in an easterly direction along a line projected between the southeast corner of Lot 8 and the southwest corner of Lot 25, Block 327, La Porte, a distance of 8 feet to a point for corner located on the centerline of the closed alley in Block 327, La Porte; THENCE in a northerly direction along the centerline of the closed alley in Block 327, La Porte, a distance of 100 feet, to a point for corner; THENCE in a westerly direction, along a line projected between the northeast corner of Lot 5 and the northwest corner of Lot 28, Block 327, La Porte, a distance of 8 feet, to POINT OF BEGINNING, containing a total area of 800 square feet of land. 3 N W-BARBOURS-OUT -BLVB 4 W -. — 8 [TS f 8 281X327 LiS29383I 632 8L132> l ns3a /euc32r WEST 1/2 of 16' SAN. SWR. ESMT. (800 SQ. FT.) LTS387688LK327 LTS25n778768OX327 / y � y L'f8CX7 F. 0 r L1 S910 tt d f28LK327 4 �y . l7$ 17 11421./2l8LX 327 • L7S 13 N 786 15 &K 327 Tom^- EXHIBIT "B" 1 SANITARY SEWER EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS That FRED WESTERGREN ( "Grantor "), for and in consideration to Ten and no /100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF LA PORTE ( "Grantee "), a Municipal Corporation, the receipt and sufficiency of which is hereby acknowledged and confessed, have this day GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents do GRANT, SELL AND CONVEY unto said GRANTEE, and to its successors and assigns the perpetual right, privilege and easement, with appropriate rights of ingress and reasonable working area for construction and maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace, repair and remove AN 8" SANITARY SEWER LINE together with all necessary appurtenances, over, across, through and under that certain tract or parcel of land lying and being situated in Harris County, Texas and being more particularly described on Exhibits "A" & "B" attached hereto and made a part hereof for all purposes. TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto in anywise belonging unto said GRANTEE, and its successors or assigns, in accordance with the terms and conditions hereinabove set forth. The GRANTOR does hereby bind itself, its successors or assigns to WARRANT AND FOREVER DEFEND, all and singular the said easement unto the GRANTEE, its successors or assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS THE EXECUTION HEREOF on this the 7 day of 2011. BY: _ - Fred -et= gr -', Grantor This instrument was acknowledged before me on the fl day of lr,l , 2011 by 14 ' 1 P411S otary Public, State of Te ' Mailing Address of Grantee City of La Porte 3 qY i(r ? o? < LOREATHA STRANGE 604 West Fairmont Parkway NOTARY PUBLIC La Porte, Texas 77571 • STATE OF TEXAS q MYCOMM.EXP.a5166 /2014 ( 2 EXHIBIT "A" East 1/2 of a 16' Sanitary Sewer Easement Within a closed portion of the alley in Block 327, La Porte Being an 800 square foot tract of land situated within a closed portion of the alley in Block 327, La Porte, Harris County, Texas, and being more particularly described by metes & bounds as follows; BEGINNING at the northwest corner of Lot 28, Block 327, La Porte; THENCE in a southerly direction along the east line of Lots 25 through 28, Block 327, La Porte, to the southwest corner of Lot 25, Block 327, La Porte; a distance of 100 feet; THENCE in an westerly direction along a line projected between the southeast corner of Lot 8 and the southwest corner of Lot 25, Block 327, La Porte, a distance of 8 feet to a point for corner located on the centerline of the closed alley in Block 327, La Porte; THENCE in a northerly direction along the centerline of the closed alley in Block 327, La Porte, a distance of 100 feet, to a point for corner; THENCE in a easterly direction, along a line projected between the northeast corner of Lot 5 and the northwest corner of Lot 28, Block 327, La Porte, a distance of 8 feet, to POINT OF BEGINNING, containing a total area of 800 square feet of land. 3 N W BARBOURS- GUT -BLVD W -: — E ITS 16 2EL1027 LTS793S 31632RIX327 1/2 of 16' SAN. SWR. ESMT. ITS 3eeLUxnr I (800 SQ. FT,) 1V LTSS S 761717711327 ITS 752617 a 28 six32r tT1 &_K1 C4 rs. so so OS T077612 &x327 ITS I7 TIOIU2T LUX 327 '6r- r� � LTS 1J 11 136768LK327 Mit tiO 5a, EXHIBIT "B"