06/02/2003

SUBJECT: FINAL READING OF ORDINANCE #2003-O-135

Authorizing the City Manager to execute all necessary documents to effectively convey fee simple title to the “Surface Only”, at its adjusted market value of $24,223.00 of certain property being described as 0.2442 of an acre (10,636.20 sq. ft.), more or less, of a tract of land out of Maryland Avenue between the South right-of-way line of Market Street and 103.75 feet north of the north right-of-way line of Cortez Street to Isabel R. Martinez; provided that the City of Laredo retains a 21 foot wide Storm Drainage and an AEP-CPL easement. Said tract being situated in the Eastern Division, City of Laredo, Webb County, Texas being generally described on the attached exhibit; and providing for an effective date.

INITIATED BY:

CYNTHIA COLLAZO

Asst. City Manager

STAFF SOURCE:

ANGELO FERRAZZANO

Real Estate Manager

PREVIOUS COUNCIL ACTION:

On May 19, 2003, this Ordinance was introduced by the City Council.

BACKGROUND:

On December 2, 2002, the City Council passed Ordinance No. 2002-O-310, closing as a public easement, that section of Maryland Avenue between Market and the south right-of-way line of Guatemozin street including its intersection with Cortez and Guatemozin Streets, situated in the Eastern Division, City of Laredo, Webb County, Texas.

Ms. Isabel R. Martinez, the sole abutting property owner to the north 174.05’ of the above-mentioned street has requested that the City of Laredo consider selling her corresponding share.

Said City property has been appraised by a State Certified Real Estate Appraiser at $29,249.00 (10,636.20 sq. ft. at $2.75 per square feet). 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 $3.00 and $5.00 per square foot.

The City will need to retain a 3,655.05 sq. ft. tract of land for a 21’ wide Storm Drainage and an AEP-CPL easement in order to provide services to the area. In compliance with the City of Laredo’s Street

Continued on next page…

FINANCIAL IMPACT:

Anticipated revenues from this sale is $24,223.00 - Account No. 241-0000-374-1101.

COMMITTEE RECOMMENDATION:

N/A

STAFF RECOMMENDATION:

Recommends passage of Ordinance.

BACKGROUND continued…

Closing/Sales Policy Handbook, of the market value of the area comprised by the easement will be adjusted downward by 50% (3,655.05 sq. ft. @ $1.375 = $5,026 which is 50% of the value per square foot) due to the City’s retainment of the easement. Therefore, establishing the adjusted market value of this property at $24,223.00. Maria Isabel Martinez has accepted the City’s offer to purchase the entire tract at the adjusted market value of $24,223.00.

Improvement Plan

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 #2003-O-135

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTIVELY CONVEY FEE SIMPLE TITLE TO THE “SURFACE ONLY”, AT ITS ADJUSTED MARKET VALUE OF $24,223.00 OF CERTAIN PROPERTY BEING DESCRIBED AS 0.2442 OF AN ACRE (10,636.20 SQ. FT.), MORE OR LESS, OF A TRACT OF LAND OUT OF MARYLAND AVENUE BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF MARKET STREET AND 103.75 FEET NORTH OF THE NORTH RIGHT-OF-WAY LINE OF CORTEZ STREET TO ISABEL R. MARTINEZ; PROVIDED THAT THE CITY OF LAREDO RETAINS A 21 FOOT WIDE STORM DRAINAGE AND AN AEP-CPL EASEMENT. SAID TRACT BEING SITUATED IN THE EASTERN DIVISION, CITY OF LAREDO, WEBB COUNTY, TEXAS BEING GENERALLY DESCRIBED ON THE ATTACHED EXHIBIT; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, on December 2, 2002, the City Council passed Ordinance No. 2002-O-310, closing as a public easement, that section of Maryland Avenue between Market and the south right-of-way line of Guatemozin street including its intersection with Cortez and Guatemozin Streets, situated in the Eastern Division, City of Laredo, Webb County, Texas; 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, Isabel R. Martinez, abutting property owner to the north 174.05’ of the above-mentioned street section, has requested that the City of Laredo consider selling her corresponding share of the above-mentioned former street; and,

WHEREAS, said City property has been appraised by a State Certified Real Estate Appraiser at $29,249.00; and,

WHEREAS, the City of Laredo will retain a 21foot wide Storm Drainage and an AEP-CPL easement on the above-mentioned former street; and

WHEREAS, in compliance with the City of Laredo’s Street Closing/Sales Policy Hand book, the market value of the area comprised by the above-mentioned easement being retained by the City will be adjusted downward by 50 %; and,

WHEREAS, the $29,249.00 market value of this City property will be adjusted downward by $5,026.00, which is the 50 % value of the area comprised by the easement being retained by the City, therefore, establishing the adjusted market value of this former street at $24,223.00.

WHEREAS, Isabel R. Martinez has accepted the City’s offer to purchase her corresponding share of the above-mentioned former street at its adjusted market value of $24,223.00; and,

WHEREAS, the City Council finds that it is in the best interest of the City of Laredo to sell 0.2442 of an acre (10,636.20 sq. ft.), more or less, a tract of land out of Maryland Avenue between the south right-of-way line of Market Street and 103.75 feet north of the north right-of-way line of Cortez Street to Isabel R. Martinez; provided that the City of Laredo retains a 21 foot wide storm drainage and an AEP-CPL easement. Said tract being situated in the Eastern Division, City of Laredo, Webb County, Texas.

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 adjusted market value of $24,223.00 of certain property described as 0.2442 of an acre (10,636.20) sq. ft., more or less, of a tract of land out of Maryland Avenue between the south right-of-way line of Market Street and the 103.75 feet north of the north right-of-way line of Cortez Street to Isabel R. Martinez; provided that the City of Laredo retains a 21 foot wide storm drainage and an AEP-CPL easement. Said tract being situated in the Eastern Division, City of Laredo, Webb County, Texas; being generally described by metes and bounds on the attached Exhibit.

2. This Ordinance shall become effective upon passage thereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on this the _________ day of ____________________________, 2003.

____________________

ELIZABETH G. FLORES

Mayor

ATTEST:

_____________________

GUSTAVO GUEVARA, JR.

City Secretary

APPROVED AS TO FORM:

Jaime L. Flores

_____________________

ANTHONY McGETTRICK

Asst. City Attorney