COUNCIL
COMMUNICATION
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DATE: 1/13/2003
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SUBJECT: FINAL READING OF ORDINANCE #2003-O-016 Authorizing
the City Manager to convey fee simple of the surface only of all former
streets lying within the area of Tract “A” of 51.7338 acres, and to quitclaim
the balance of Tract “A” to Mexrail, Inc. and to convey fee simple of the
surface only of the Tract “B” of 0.3543 acres to Mexrail, Inc. and to convey
fee simple of the surface only of Tract “C” of 2.1085 acres to Mexrail, Inc.
in exchange for conveyance to the City of Laredo by Mexrail, Inc. of the fee
simple of the surface only of Tract “D” of 12.8617 acres, and the fee simple
of the surface only of Tract “E” of 0.0072 acre, and of a sanitary sewer
easement over Tract “F” of 0.8223 acre; and providing for an effective date. Said tracts
being generally described below, and more particularly described on attached
Exhibits “A”, “B”, “C”, “D”, “E”, and “F” respectively. Tract “A” consisting
of Aldama, Willow, Chacon, Piedra China, Green & Mercer Streets, and
Maryland, Lexington, Cedar & Logan Avenues. Said streets and avenues being situated in a 51.7338 acre tract
of land consisting of City blocks and portions of the street right-of-ways,
out of the area known as the “Embargo Yard”. Tract “B” being a
0.3543 of an acre (15,434.57 sq. ft.) tract of land, more or less, out of the
Aldama Street right-of-way between Logan and Tilden Avenues. Tract “C” being a
2.1085 acre (91,845.34 sq. ft.) tract of land out of the existing
right-of-way of Guatemozin & Cortez Streets between Springfield Avenue
and Lexington Avenues, and Maryland Avenue between Guatemozin Street and
105.75 feet north of Cortez Street situated in the Eastern Division, City of
Laredo provided that the City of Laredo retains the entire said tract as a
utility easement. Tract “D” being a
12.8617 acre tract of land, more or less, also referred to as the “Riverbank
Tract”. Said tract being out of the
area known as the “Embargo Yard”. Tract “E” being a
Corner Clip consisting of a 0.0072 of an acre (312.50 sq. ft.) tract of land,
more or less, out of the Southwest corner of Block 64, Eastern Division, City
of Laredo, County of Webb, Texas.
Said tract being out of the area known as the “Embargo Yard”. Tract “F” being a tract of land containing
0.8223 acres (35,818.07 sq. ft.), more or less, for a 20 foot wide Sanitary
Sewer Line Easement, being out of the Mexican National Construction Company,
now known as the Texas Mexican Railway Company, also known as “Embargo Yard”,
recorded in Volume 13, Pages 11-14, on March 12, 1884, Deed Records of Webb
County, Texas.
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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 December 16, 2002, this Ordinance was introduced by the City Council. |
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BACKGROUND: On September 20, 2002, and
subsequently on December 2, 2002, the City Council passed Ordinance Nos.
2002-O-246 and 2002-O-310 respectively closing as public easements certain
streets located within the area known as the “Embargo Yard” situated in the
Eastern Division, City of Laredo, County of Webb, Texas, which included the
above referenced streets. 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. In order to construct a “River Road”, the
City of Laredo needs to acquire from the Mexrail, Inc., two tracts consisting
of a strip of land which parallels the Rio Grande River, hereafter referred
to as Tract “D”, and a Corner Clip
out of the Southwest corner of Block 64, Eastern Division, City of Laredo,
County of Webb, Texas hereafter referred to as Tract “E”. Mexrail, Inc.,
has agreed to convey to the City of Laredo, the above-referenced Tracts “D” & “E”, in exchange for
the City of Laredo’s conveyance of all its rights, title and interest to the
above-mentioned Tracts “A”, “B” and
“C”. The exchange of the
above-referenced tracts will include the granting by Mexrail, Inc. to the
City of Laredo, a 20-foot-wide Sanitary Sewer Line Easement, being Tract “F”, which will traverse
certain of the above-mentioned streets and certain of the platted City
blocks. In order to provide for an alternate
means of ingress to and egress from, and to alleviate the increased traffic
flow in the South Laredo area, it is in the best interest of the City of
Laredo to proceed with the above-mentioned property exchange with Mexrail,
Inc. |
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FINANCIAL
IMPACT: None. |
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COMMITTEE
RECOMMENDATION: N/A |
STAFF
RECOMMENDATION: Staff recommends passage of
Ordinance. |
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ORDINANCE #2003-O-016
AUTHORIZING
THE CITY MANAGER TO CONVEY FEE SIMPLE OF THE SURFACE ONLY OF ALL FORMER STREETS
LYING WITHIN THE AREA OF TRACT “A” OF 51.7338 ACRES, AND TO QUITCLAIM THE
BALANCE OF TRACT “A” TO MEXRAIL, INC. AND TO CONVEY FEE SIMPLE OF THE SURFACE
ONLY OF THE TRACT “B” OF 0.3543 ACRES TO MEXRAIL, INC. AND TO CONVEY FEE SIMPLE
OF THE SURFACE ONLY OF TRACT “C” OF 2.1085 ACRES TO MEXRAIL, INC. IN EXCHANGE
FOR CONVEYANCE TO THE CITY OF LAREDO BY MEXRAIL, INC. OF THE FEE SIMPLE OF THE
SURFACE ONLY OF TRACT “D” OF 12.8617 ACRES, AND THE FEE SIMPLE OF THE SURFACE
ONLY OF TRACT “E” OF 0.0072 ACRE, AND OF A SANITARY SEWER EASEMENT OVER TRACT
“F” OF 0.8223 ACRE; AND PROVIDING FOR AN EFFECTIVE DATE.
SAID TRACTS
BEING GENERALLY DESCRIBED BELOW, AND MORE PARTICULARLY DESCRIBED ON ATTACHED
EXHIBITS “A”, “B”, “C”, “D”, “E”, AND “F”, RESPECTIVELY.
TRACT
“A” - CONSISTING OF ALDAMA, WILLOW, CHACON,
PIEDRA CHINA, GREEN, & MERCER STREETS, AND MARYLAND, LEXINGTON, CEDAR &
LOGAN AVENUES. SAID STREETS AND AVENUES
BEING SITUATED IN A 51.7338 ACRE TRACT OF LAND CONSISTING OF CITY BLOCKS AND
PORTIONS OF THE STREET RIGHT-OF-WAYS, OUT OF THE AREA KNOWN AS THE “EMBARGO
YARD”.
TRACT
“B”
- BEING A 0.3543 OF AN ACRE (15,434.57 SQ. FT.) TRACT OF LAND, MORE OR LESS,
OUT OF THE ALDAMA STREET RIGHT-OF-WAY BETWEEN LOGAN AND TILDEN AVENUES.
TRACT
“C” - BEING A 2.1085 ACRE (91,845.34 SQ.
FT.) TRACT OF LAND OUT OF THE EXISTING RIGHT-OF-WAY OF GUATEMOZIN & CORTEZ
STREETS BETWEEN
SPRINGFIELD
AVENUE AND LEXINGTON AVENUES, AND MARYLAND AVENUE BETWEEN GUATEMOZIN STREET
AND 105.75
FEET NORTH OF CORTEZ STREET SITUATED IN THE EASTERN DIVISION, CITY OF LAREDO
PROVIDED THAT THE CITY OF LAREDO RETAINS THE ENTIRE SAID TRACT AS A UTILITY
EASEMENT.
TRACT
“D”
- BEING A 12.8617 ACRE TRACT OF LAND, MORE OR LESS, ALSO REFERRED TO AS THE
“RIVERBANK TRACT”. SAID TRACT BEING OUT
OF THE AREA KNOWN AS THE “EMBARGO
YARD”.
TRACT
“E” - BEING A CORNER CLIP CONSISTING OF A
0.0072 OF AN ACRE (312.50 SQ. FT.) TRACT OF LAND, MORE OR LESS, OUT OF THE
SOUTHWEST CORNER OF BLOCK 64, EASTERN DIVISION, CITY OF LAREDO, COUNTY OF WEBB,
TEXAS. SAID TRACT BEING OUT OF THE AREA
KNOWN AS THE “EMBARGO YARD”.
WHEREAS, on
February 1, 2002 the City of Laredo and the Texas Mexican Railway Company
entered into an agreement for the sale and exchange of certain lands, streets
and easements; and,
WHEREAS, Mexrail, Inc. is the parent
corporation of the Texas Mexican Railway Company; and,
WHEREAS,
as part of the said February 1, 2002 agreement on September 20, 2002 the City
Council passed Ordinance No. 2002-O-246, closing as public easements certain
streets located within the area known as the “Embargo Yard” situated in the Eastern
Division, City of Laredo, County of Webb, Texas, which included the above
referenced streets; 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, in
order to construct a “River Road”, the City of Laredo needs to acquire from the
Mexrail, Inc., two tracts consisting of a strip of land which parallels the Rio
Grande River, hereafter referred to as Tract
“D”, and a Corner Clip out of the Southwest corner of Block 64, Eastern
Division, City of Laredo, County of Webb, Texas hereafter referred to as Tract “E”; and,
WHEREAS,
Mexrail, Inc., has agreed to convey to the City of Laredo, the above-referenced
Tracts “D” & “E”, in exchange
for the City of Laredo’s conveyance of all its rights, title and interest to
the above-mentioned Tracts “A”, “B” and
“C”; and,
WHEREAS, the exchange of the above-referenced tracts
will include the granting by Mexrail, Inc. to the City of Laredo, a
20-foot-wide Sanitary Sewer Line Easement, being Tract “F”, which will traverse certain of the above-mentioned
streets and certain of the platted City blocks; and,
WHEREAS, in order to provide for an alternate means of
ingress to and egress from, and to alleviate the increased traffic flow in the
South Laredo area, it is in the best interest of the City of Laredo to proceed
with the above-mentioned property exchange with Mexrail, Inc.
NOW,
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
A. It hereby authorizes the City Manager to
execute all necessary documents to effectively convey fee simple of the surface
only of all former streets lying within the area of Tract “A” of 51.7338 acres,
and to quitclaim the balance of Tract “A” to Mexrail, Inc. and to convey fee
simple of the surface only of the Tract “B” of 0.3543 acres to Mexrail, Inc.
and to convey fee simple of the surface only of Tract “C” of 2.1085 acres to
Mexrail, Inc. in exchange for conveyance to the City of Laredo by Mexrail, Inc.
of the fee simple of the surface only of Tract “D” of 12.8617 acres, and the
fee simple of the surface only of Tract “E” of 0.0072 acre, and of a sanitary
sewer easement over Tract “F” of 0.8223 acre.
Said tracts being generally described below, and more particularly described on attached Exhibits “A”, “B”, “C”, “D”, and “E”, respectively.
Tract “A” consisting of Aldama, Willow, Chacon,
Piedra China, Green & Mercer Streets, and Maryland, Lexington, Cedar &
Logan Avenues. Said streets and avenues
being situated in a 51.7338 acre
tract of land
consisting of City blocks and portions of the street right-of-ways, out of the
area known as the “Embargo Yard”.
Tract “B” being a 0.3543 of an acre (15,434.57
sq. ft.) tract of land, more or less, out of the Aldama Street right-of-way
between Logan and Tilden Avenues.
Tract “C” being a 2.1085 acre (91,845.34 sq. ft.)
tract of land out of the existing right-of-way of Guatemozin & Cortez
Streets between Springfield Avenue and Lexington Avenues, and Maryland Avenue
between Guatemozin Street and 105.75 feet north of Cortez Street situated in
the Eastern Division, City of Laredo provided that the City of Laredo retains
the entire said tract as a utility easement.
Tract “D” being a 12.8617 acre tract of land,
more or less, also referred to as the “Riverbank Tract”. Said tract being out of the area known as
the “Embargo Yard”.
Tract “E” being a Corner Clip consisting of a
0.0072 of an acre (312.50 sq. ft.) tract of land, more or less, out of the
Southwest corner of Block 64, Eastern Division, City of Laredo, County of Webb,
Texas. Said tract being out of the area
known as the “Embargo Yard”.
B. 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