COUNCIL COMMUNICATION

DATE:

 

1/13/2003

 

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.

 

INITIATED BY:

Cynthia Collazo

Asst. City Manager

 

STAFF SOURCE:

Erasmo Villarreal

CD Director

PREVIOUS COUNCIL ACTION:

On December 16, 2002, this Ordinance was introduced by the City Council.

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.

 

FINANCIAL IMPACT:

None.

                                                                              

 

COMMITTEE RECOMMENDATION: 

N/A

 

STAFF RECOMMENDATION: 

Staff recommends passage of Ordinance.

 

 

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.

 

 

            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”.

 

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.

 

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