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HomeMy WebLinkAboutO-2011-3356 closing a portion of the alley in Block 164rl�i REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 13, 2011 Requested By: Tim Tietjens Department: Planning Report: Resolution: Ordinance: X Exhibits: 1. Ordinance 2. Public Utility Easement 3. Deed to Grantee 4. Area Map Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted [tem: _YES ANO SUMMARY & RECOMMENDATION The City of La Porte has filed application to vacate, abandon and close the southernmost 200 ft. of the alley in Block 164, La Porte (the former Police Dept. site) to unify its properties adjacent to the subject alley for future sale. Staff, as well as the City's franchised utility companies (i.e. Centerpoint Energy, AT&T and Comcast) have reviewed the request and have indicated the need for a public utility easement to facilitate access to existing City and franchised utilities located within the alley. In accordance with Sections 62-32(c) and 62-35(c) of the Code of Ordinances, the City is exempt from standard application and fair market value fees for the closing. Recommendation: Staff recommends vacating, abandoning, and closing the subject alley, dedicating a public utility easement in its place, and issuing a deed to the City for that portion of the closed alley. Action Required of Council: Approve an ordinance vacating, abandoning, and closing the southernmost 200 ft. of the alley in Block 164, La Porte; authorize the execution of a public utility easement in its place, and authorize the ex�tCl� and delivery of a deed to the City of La Porte for the closed alley. Ron Bottoms, uracil Agenda Manager fG9/ 04 Date ORDINANCE NO. 2 011- 3 3�a 1.,6" AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 164, LA PORTE, HARRIS COUNTY, TEXAS, RETAINING A SIXTEEN (16) FOOT WIDE PUBLIC UTILITY EASEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWI 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 Block 164, La Porte; to vacate, abandon, and permanently close the hereinafter described portion of the alley in Block 164, 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 164, 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 Block 164, 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 164, La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: 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 164, 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 164, La Porte, situated between Lots 9 through 16 and Lots 17 through 24 of said block, containing a total of 3,200 square feet and generally illustrated on $xhibit "Aff incorporated by reference herein. Section 2. The City of La Porte hereby retains for itself, its successors and assigns, a sixteen (16) foot wide public utility easement within that portion of the above-described alley closing. 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 By: ATTEST: IPV77 jvj-, " &.24 Patrice Fogar , Cit Secretary APPROVED: Knox W. Askins, City Attorney Off'( 97 _ 2011. CITY OF LA PORTE PUBLIC UTILITY EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS That CITY OF LA PORTE ("Grantor"), for and in consideration of Ten and no/100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF LA PORTE ("Grantee"), a Municipal Corporation, and it's FRANCHISED UTILITY COMPANIES, 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 PUBLIC UTILITIES, 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, its FRANCHISED UTILITY COMPANIES, 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 FRANCHISED UTILITY COMPANIES, its successors or assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS THE EXECUTION HEREOF on th AN This instrument was acknowledged before me on the 0' day of , 2011 bypn �O�YtS Mailing Address of Grantee City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 otary Public, State of Texas :12,SHAROSMy CommisiresSeptembe13 4 EXHIBIT "A" (16' wide Public Utility Easement in Block 164, Town of La Porte) Being a 3,200 square foot tract of land situated in Block 164, Town of La Porte, Harris County, Texas, and being more particularly described by metes & bounds as follows; BEGINNING at the northeast corner of Lot 9, Block 1641 La Porte; THENCE in a southerly direction along the east line of Lots 9 through 16, to the southeast corner of Lot 16, a distance of 200 feet; THENCE in an easterly direction along the north right-of-way line of West "I" Street (60' wide) to the southwest corner of Lot 17, a distance of sixteen 16 feet; THENCE in a northerly direction along the west line of Lots 17 through 24, to the northwest corner of Lot 24, a distance of 200 feet; THENCE in a westerly direction, crossing the alley in Block 164, La Porte, to the northeast corner of Lot 9, a distance of 16 feet, to POINT OF BEGINNING, containing a total area of 3,200 square feet of land. EXHIBIT "B" 148 N 149 W E s 7 inch = 75 feet WH -ST 165 164 PROP. 16'x2'00' PUBLIC UTILITY EASEMENT rh x ch o N 16' W -I -ST 172 1 174 FFT�1-41-'11�1-- L PROPOSED 16'x 200' ALLEY CLOSING & PUBLIC UTILITYESMT. DEDICATION v ,A 3� U 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: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 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 164, Town of La Porte, Harris County, Texas, situated between Lots 9 through 16 and Lots 17 through 24, as generally illustrated on Exhibit "A" attached hereto and made part hereof, containing a total of three thousand two hundred (3,200) 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. SAVE AND EXCEPT: Grantor retains for itself, its successors and assigns, a sixteen (16) foot wide public utility easement within the above described portion of the alley in Block 164, Town of La Porte, Harris County, Texas. 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 5.023 of the Texas Property Code (or its successor) are exc ded By: C J/o f4a/J�t e /Of"'"" City Manager A est: Patrice Fog y Asslotant-City Secretary Approved: co ' Knox W. Askins City Attorney :+—rn ws� I" =; f E O W 7µ� STATE OF TEXAS § COUNTY OF HARRIS § 1 This instrument was acknowledged before me on the day of J (,ne 2011, by Ron Bottoms, City Manager of the City of La Porte, a municipal corporation. SHARON HARRIS My Commission Expires September 12, 2013 �+► AFTER RECORDING RETURN TO: CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 U*da 0AVAAA,L) loot y Public, State of Texas PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, TX 77572-1218 EXHIBIT "A" to DEED RECORDER'S MEMORANDUM: At the time of recordation, this instrument was WH ST found to be Inadequate for the best photographic reproduction because of illegibility, carbon or photo copy, discolored paper, etc. All blockouts, additions and chap es were resent at the time e ns rumen was e ar J recorded. PROPOSED 16'x 200' ALLEY CLOSING & PUBLIC UTILITY ESMT. DEDICATION 651 Rx r N H N WIST 11 2 1 3 174'- un PROW IM 00 FES?=KVII AE kORUSEOFMEMVM REAL PAM WA%OFWOR RA S WAlDANDtM 1fW BI LlWFWkLM THE STATE OF TEXAS COUNTY OF HARRIS I" m Pis m mm wa FIFO b FN k tr *m on h do and 9 M im giro d hm 4 MK t+d.n"WWW, A /e OW uk %a t d%d Hoprgr d Rtn6 Cara: km FEB 24 2012 COUNTY CLERK HARRIS COUNTY, TEXA!