COUNCIL COMMUNICATION

DATE

 

7/15/2002

 

SUBJECT:  FINAL READING OF ORDINANCE #2002-O-160

Authorizing the City Manager to execute all necessary documents to effectively convey fee simple title to Mary Furrh Gomez, Rafael Gomez and Molly E. Gomez, for the “Surface Only” of certain City property being generally described as those former street sections being Mendiola Avenue between Palo Blanco & Bayard Streets excluding the intersections and that former street section being Thurman Street between Tapeyste & Mendiola Avenues, provided that the City of Laredo retains a 40 foot-wide Sanitary Sewer Easement on that section of Mendiola Avenue between Palo Blanco & Thurman Streets.  All said former street sections situated in the Eastern Division, City of Laredo, Webb County, Texas; being generally described on the attached excerpt of a City plat and providing for an effective date. 

 

INITIATED BY:

Cynthia Collazo

Asst. City Manager

 

STAFF SOURCE:

Erasmo Villarreal

CD Director

PREVIOUS COUNCIL ACTION:

On July 1, 2002, this Ordinance was introduced by the City Council.

 

BACKGROUND:

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.  The Gomez family who are now the  property owners and the City of Laredo, after long-running negotiations, led to a settlement agreement.  

 

                                                     Continued on next page…

 

FINANCIAL IMPACT: 

N/A

 

 

COMMITTEE RECOMMENDATION:

N/A

 

 

 

STAFF RECOMMENDATION:

Recommends passage of this Ordinance.

 

 

 

BACKGROUND:

 

On May 8, 2002 City Council met in Executive Session and authorized the City Manager to proceed with the acquisition of a 40-foot utility easement for the 36-inch South Laredo Outfall Improvement Project from the Furrh-Gomez family 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 being Mendiola Avenue between Palo Blanco & Bayard Streets and Thurman Street between Tapeyste & Mendiola Avenues and the City receiving Lots 1, 2, 6, and 7, out of Block 1047, Eastern Division.

 

On July 1, 2002, the City Council passed Ordinance No. 2002-O-137, closing as public easements those sections of Mendiola Avenue between Palo Blanco & Bayard Streets excluding the intersections and  that section of Thurman Street between Tapeyste & Mendiola Avenues

All situated in the Eastern Division, City of Laredo, Webb County, Texas. Staff recommends the conveyance of fee simple title to the “Surface Only” of  the above-mentioned former streets provided that the City of Laredo retains a 40 foot-wide Sanitary Sewer Easement on that former section of        

Mendiola Avenue between Palo Blanco & Thurman Streets, to Mary Furrh Gomez, Rafael Gomez, and Molly E. Gomez, said City property being generally described on the attached excerpt of a City plat.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDINANCE NO. 2002-O-160

 

 

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTIVELY CONVEY FEE SIMPLE TITLE TO MARY FURRH GOMEZ, RAFAEL GOMEZ AND MOLLY E. GOMEZ, FOR THE “SURFACE ONLY” OF CERTAIN CITY PROPERTY BEING GENERALY DESCRIBED AS THOSE FORMER STREET SECTIONS BEING MENDIOLA AVENUE BETWEEN PALO BLANCO & BAYARD STREETS EXCLUDING THE INTERSECTIONS AND THAT FORMER STREET SECTION BEING THURMAN STREET BETWEEN TAPEYSTE & MENDIOLA AVENUES, PROVIDED THAT THE CITY OF LAREDO RETAINS A 40-FOOT WIDE SANITARY SEWER EASEMENT ON THAT FORMER STREET SECTION BEING MENDIOLA AVENUE BETWEEN PALO BLANCO & THURMAN STREETS. ALL SAID FORMER STREETS SITUATED IN THE EASTERN DIVISION, CITY OF LAREDO, WEBB COUNTY, TEXAS AND BEING GENERALLY DESCRIBED ON THE ATTACHED EXCERPT OF A CITY PLAT; 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 wide Sanitary Sewer Easement for the 36-inch South Laredo Outfall Improvement Project located on parts of Blocks 1029, 1030, 1032, 1033, 1043, and 1044, from the property owners, Mary Furrh Gomez, Rafael Gomez and Molly E. Gomez; and,

 

WHEREAS, as part of a settlement agreement with the Gomez family, the City of Laredo will acquire a 40-foot utility easement for an agreed-upon purchase price which include four platted former streets being Mendiola Avenue between Palo Blanco & Bayard Streets and Thurman Street between Tapeyste & Mendiola Avenues; 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, the City of Laredo will retain a 40–foot wide Sanitary Sewer Easement on that former street section being Mendiola Avenue between Palo Blanco & Thurman Streets; and,

 

WHEREAS, the City Manager recommends that the City Council authorize the conveyance of those former street sections being Mendiola Avenue between Palo Blanco & Bayard Streets excluding the intersections and that former street section being Thurman Street between Tapeyste & Mendiola Avenues to the abutting property owners, Mary Furrh Gomez, Rafael Gomez and Molly E. Gomez; and, 

                                                                                                                                        

WHEREAS, the City Council finds that it is in the best interest of the City of Laredo to convey fee simple title to the “Surface Only” of certain City property generally described as those former street sections being Mendiola Avenue between Palo Blanco & Bayard Streets excluding the intersections and that former street section being Thurman Street between Tapeyste & Mendiola Avenues, all situated in the Eastern Division, to Mary Furrh Gomez, Rafael Gomez and Molly E. Gomez.

            

            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 Mary Furrh Gomez, Rafael Gomez and Molly E. Gomez, for the “Surface Only” of certain City property being generally described as those former street sections being Mendiola Avenue between Palo Blanco & Bayard Streets excluding the intersections and that former street section being Thurman Street between Tapeyste & Mendiola Avenues, provided that the City of Laredo retains a 40 foot-wide Sanitary Sewer Easement on that section of Mendiola Avenue between Palo Blanco & Thurman Streets.  All said former street sections situated in the Eastern Division, City of Laredo, Webb County, Texas; being generally described on the attached excerpt of a City plat. 

 

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