COUNCIL COMMUNICATION

 

DATE

 

07/01/02

SUBJECT:  FINAL READING OF ORDINANCE NO. 2002-O-139

Authorizing the City Manager to execute all necessary documents to effectively

convey fee simple title to the “Surface Only”, at its market value of  $7,494.00, for certain property described as a 4,654.82 sq. ft., tract of land, more or less, out of the south 83.78’ of McDonnell Avenue between Ryan and Taylor Streets to Manuel Patiño, Jr. and wife Margarita G. Patiño said tract of land situated in  the Eastern Division, City of Laredo, Webb County, Texas; being described on Exhibit “A”; and providing for an effective date.                  

 

 

INITIATED BY:                                                     STAFF SOURCE:

Cynthia Collazo                                                        Erasmo Villarreal

Asst. City Manager                                                   CD Director    

 

 

PREVIOUS COUNCIL ACTION:

On June 17, 2002, this Ordinance was introduced by the City Council.

 

 

BACKGROUND:

That former section of McDonnell Avenue between Ryan and Taylor Streets was closed on February 19, 1946 and subsequently on November 19, 1946, the City Council passed an Ordinance granting the Rio Grande and Eagle Pass Railway Company the use of said street, among other streets for railroad purposes.  Subsequently, in the late 1970’s the railroad abandoned all rail operations in this area.  Staff, after thoroughly researching deed records of the adjoining properties being described as Block 490 and 491, Eastern Division, discovered that the street had never been conveyed by the City and that this street was erroneously conveyed on certain deeds.  The Legal Department reviewed the findings and have ascertained that the City of Laredo is the rightful owner of said street. 

 

Two warehouses have portions that are encroaching upon the right-of-way horizontally from east to west. The two warehouses belong to two separate abutting property owners.  In order to clear their properties of the encroachment problem, and any title defects caused by the erroneous conveyance of said street, Manuel Patiño, Jr., and wife Margarita G. Patiño, the abutting property owners to the south 83. 78’ of said street, have requested that the City of Laredo consider selling them their corresponding share. 

                    

                                                        Continued on next page…

 

 

FINANCIAL IMPACT: 

Anticipated revenue from this sale is $7,494.00 – Account No. 241-000-374-1101.

 

 

COMMITTEE RECOMMENDATION: 

N/A

 

STAFF RECOMMENDATION:

Recommends passage of this Ordinance.

 

BACKGROUND cont.

 

Based on an appraisal report prepared by a State Certified Real Estate Appraiser on the entire said former street, the market value of the 4,654.82 sq. ft. tract of land, more or less, being out of the south 83. 78’ of McDonnell Avenue between Ryan and Taylor Streets was established at $7,494.00 (4,654.82 sq. ft  @ $1.61 per sq. ft.).  Staff is pursuing negotiations for the sale of the north 194’ of this section of McDonnell Avenue with the abutting property owner.  This case will be presented to City Council at a later date.

 

This property is not on the tax rolls since the City of Laredo is the owner, however, the Webb County Tax Appraisal District has properties in the area valued between $1.00 and $3.00 per square foot.

 

As per Section 10 of the Street Closing/Sales Policy Handbook, approved per Resolution

No. 97-R-140, requiring the submission of an Improvement Plan by the buyers will not be required in this case since this street has been encroached upon by the improvements of the abutting properties for more than 50 years and has since lost it’s identity as a street.

 

 

 

ORDINANCE NO. 2002-O-139

 

 

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTIVELY CONVEY FEE SIMPLE TITLE TO THE “SURFACE ONLY”, AT ITS MARKET VALUE OF $7,494.00, FOR CERTAIN PROPERTY DESCRIBED AS A 4,654.82 SQ. FT., TRACT OF LAND, MORE OR LESS, OUT OF THE SOUTH 83.78’ OF McDONNELL AVENUE BETWEEN RYAN AND TAYLOR STREETS, TO MANUEL PATIÑO, JR. AND WIFE MARGARITA G. PATIÑO SAID TRACT OF LAND SITUATED IN THE EASTERN DIVISION, CITY OF LAREDO, WEBB COUNTY, TEXAS BEING DESCRIBED ON ATTACHED EXHIBIT “A”;  AND PROVIDING FOR AN EFFECTIVE DATE.

 

 

WHEREAS, on February 19, 1946, the City Council passed an Ordinance, closing as a public easement that section of McDonnell Avenue between Ryan and Taylor Streets

situated in the Eastern Division, City of Laredo, Webb County, Texas for railroad purposes; and,

 

            WHEREAS, on November 19, 1946, the City Council passed an Ordinance granting the Rio Grande and Eagle Pass Railway Company the use of said street, among other streets for railroad purposes; and,

 

            WHEREAS, in the late 1970’s the railroad company abandoned all rail operations in the area and conveyed their properties to private investors; and,

 

            WHEREAS, staff recently ascertained, after a detailed search of documents, that McDonnell Avenue between Ryan and Taylor Streets had never been conveyed by the City of Laredo and remains City owned property; and,

           

            WHEREAS, by virtue of the Original Land Grant from the Crown of Spain to the City of Laredo, fee simple title to certain streets is vested in the City of Laredo; and,

 

            WHEREAS, Manuel Patiño, Jr. & wife Margarita G. Patiño, the abutting property owners of the south 83.78’ of the above-mentioned former street, have requested that the City of Laredo consider selling them their corresponding share of said street; and,

 

            WHEREAS, based on an appraiser’s report on the entire above-mentioned former street  by a State Certified Real Estate Appraiser the market value of the 4,654.82 sq. ft., tract of land, more or less, out of the south 83.78’ of McDonnell Avenue between Ryan and Taylor Streets, is hereby established at $7,494.00; and,

 

WHEREAS, Manuel Patiño, Jr. & wife Margarita G. Patiño, have accepted the City’s offer to purchase their respective share which consists of the south 83.78’ of that former section of McDonnell Avenue between Ryan and Taylor Streets, at the total market value of $7,494.00; and,

 

WHEREAS, City Council finds that it is in the best interest of the City of Laredo to sell the above-mentioned tract of land out of the south 83.78’ of that former section of McDonnell Avenue between Ryan and Taylor Streets, situated in the Eastern Division, City of Laredo, Webb County, Texas at the total market value of  $7,494.00 to Manuel Patiño, Jr. & wife Margarita G. Patiño.                 

 

            NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

 

1.      It hereby authorizes the City Manager to execute all necessary documents to

      effectively convey fee simple title to the “Surface Only”, at its market value of

      $7,494.00, for certain property described as a 4,654.82 sq. ft., tract of land, more   

      or less, out of the south 83.78’ of McDonnell Avenue between Ryan and Taylor    

      Streets, to Manuel Patiño, Jr. and wife Margarita G. Patiño said tract of land situated in the Eastern Division, City of Laredo, Webb County, Texas; being described on Exhibit “A”.                  

 

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.

 

 

______________________

ELIZABETH G. FLORES

Mayor

 

ATTEST:

 

______________________

GUSTAVO GUEVARA, JR.

City Secretary

 

APPROVED AS TO FORM:

Jaime L. Flores

City Attorney

 

 

By: _______________________

       ANTHONY McGETTRICK

       Asst. City Attorney