COUNCIL COMMUNICATION
DATE 7/1/2002 |
SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-137 Closing as public easements those sections of: A. Mendiola Avenue
between Palo Blanco and Bayard Streets excluding the intersections. all situated in the Eastern Division, City of Laredo, Webb County, Texas and providing for an effective date. |
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INITIATED BY: Cynthia Collazo Asst. City Manager |
STAFF SOURCE: Erasmo Villarreal CD Director |
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PREVIOUS COUNCIL
ACTION: On June 17, 2002, this Ordinance was introduced by the City Council. |
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BACKGROUND: The City is proposing to close as a public easement the above-mentioned street right-of-ways. The above-mentioned streets are platted, unopened streets, which were fenced in by the abutting property owner. Back in 1982, it appears that the Laredo Sewer System had intended to acquire a utility easement from the owner in order to construct a thirty-six inch (36”) sewer line which would traverse portions of Blocks 1029, 1030, 1032, 1033, 1044 and 1043, Eastern Division. For unknown reasons the Utility Easement document was never executed. However, the Laredo Sewer System proceeded with the construction of the 36” sewer easement, which involved several blocks. Subsequently, in July of 1991, the present owner acquired several blocks, which are comprised of sections of said utility easements from the previous owner and were unaware it existed. Ms. Mary Furrh-Gomez is now the sole property owner and the City of Laredo, after long-running negotiations, led to a settlement agreement. Continued on next page… |
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FINANCIAL IMPACT: N/A |
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COMMITTEE
RECOMMENDATION: N/A |
STAFF
RECOMMENDATION: Recommends passage of this Ordinance. |
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BACKGROUND: On May 8, 2002 City Council met in Executive Session and authorized the City Manager to proceed with the acquisition from the Furrh-Gomez family of a 40-foot utility easement for the 36-inch South Laredo Outfall Improvement Project located on parts of Blocks 1029, 1030, 1032, 1033, 1043, and 1044, all in the Eastern Division, for an agreed-upon purchase price and four platted but unopened Streets, including Mendiola Avenue between Palo Blanco and Bayard Streets and Thurman Street between Tapeyste and Mendiola Avenues and the City receiving Lots 1, 2, 6, and 7 of Block 1047, Eastern Division. It is not anticipated that the proposed closure would ever be used as thoroughfare streets due to their location, therefore, staff recommends approval of the proposed closures.
Ms. Furrh-Gomez has executed a Release Form whereby she releases the City of Laredo from any and all damages arising out of the closing of said streets. On June 6, 2002, a public hearing was held before the Planning and Zoning Commission. Property owners within a 200’ radius were notified of the proposed street closures and no objections were voiced. The Planning and Zoning Commission voted unanimously in favor of the proposed closures. Memorandums have been sent to all City Departments and utility companies and no objections were noted and have approved the closing. Upon closing of these streets, the City of Laredo will retain all necessary easements now located on the street. |
CLOSING AS PUBLIC EASEMENTS THOSE SECTIONS OF:
A. MENDIOLA AVENUE BETWEEN PALO BLANCO AND BAYARD EXCLUDING THE INTERSECTIONS;
B. THURMAN STREET BETWEEN TAPEYSTE AND MENDIOLA AVENUES
ALL SITUATED IN THE EASTERN DIVISION, CITY OF LAREDO, WEBB COUNTY, TEXAS AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, On May 8, 2002, the City Council approved Resolution No. 2002-R-040 authorizing the City Manager to proceed with the acquisition of a 40-foot utility easement for the 36-inch South Laredo Outfall Improvement Project from Mary Furrh Gomez and husband Rafael Gomez; and,
WHEREAS, as part of a settlement agreement with Mary Furrh Gomez and husband Rafael Gomez involves the exchange of the above platted but unopened streets; and,
WHEREAS, the City Manger recommends that the City Council close as public easements those sections of Mendiola Avenue between Palo Blanco and Bayard Streets excluding the intersections and Thurman Street between Tapeyste and Mendiola Avenues; and,
WHEREAS, the City Council finds that it is in the best interest of the City of Laredo to close as a public easement those sections Mendiola Avenue between Palo Blanco and Bayard Streets excluding the intersections and Thurman Street between Tapeyste and Mendiola Avenues, situated in the Eastern Division, City of Laredo, County of Webb, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO:
1. That those sections of Mendiola Avenue between Palo Blanco and Bayard Streets excluding the intersections and Thurman Street between Tapeyste and Mendiola Avenues; be and the same are hereby closed as public easements, provided that the City retains the right to maintain, operate, repair and replace, by itself or by any licensee or a holder of a franchise from the City, any poles, wires, pipes, conduits, sewer mains, or any other facilities or equipment for the maintenance of operation of any utility now located in the street portions thereof closed as public easements.
2. This Ordinance shall become effective upon passage thereof.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE _________ DAY OF _____________, 2002.
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ELIZABETH G. FLORES
Mayor
ATTEST:
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GUSTAVO GUEVARA, JR.
City Secretary
APPROVED AS TO FORM:
Jaime L. Flores
City Attorney
BY: __________________________
ANTHONY McGETTRICK