O-2020-3783 North 8th Street ROW

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2 THENCE,North 86 degrees 55 minutes 55 seconds West continuing over and across said street, a distance of 80.00 feet to the Northeasterly corner of Lessee's Land Space; THENCE,North 86 degrees 01 minutes 30 seconds East continuing over and across said Parent Tract a distance of 40.00 feet to the northwesterly corner of Lessee's Land Space; THENCE, South 03 degrees 04 minutes 05 seconds East continuing over and across said street, a distance of 860.0 feet to the POINT OF BEGINING. RESERVATION OF EASEMENT AND RESTRICTION ON USE:The City of La Porte hereby retains a ten (10)foot public utility easement,being five(5) feet on each side of the centerline of the existing water main located within the aforementioned portion of the North 8th Street right- of-way, and a twenty (20) foot public utility easement, being ten (10) feet on each side of the centerline of the existing sanitary sewer main located within the aforementioned portion of the North 8th Street right-of-way, with the location of said public utility easements being generally illustrated on Exhibit "B" incorporated herein. Furthermore, the City of La Porte prohibits the erection of any structures, facilities or improvements on or below the surface of the right-of-way and public utility easement areas illustrated on Exhibit A and Exhibit B. Section 2. That the abandonment, vacation and closure provided for herein is made and accepted subject to all present zoning and deed restrictions if the latter exist, and all easements, whether apparent or non-apparent, aerial, surface or underground, including the public utility easements reserved to the City of La Porte as described herein. Section 3. That the abandonment, vacation and closure provided for herein shall extend only to the public right, title, easement and interest and shall be construed to extend only to that interest which the governing body for the City of La Porte may legally and lawfully abandon,vacate and close. Section 4. That the City Manager is hereby authorized to execute and deliver a Deed Without Warranty to the abutting owner upon completion of all conditions and requirements set forth in this Ordinance. Section 5. That the abutting property owner shall pay all costs associated with procedures necessitated by the request to abandon the portion of the N 8th Street right-of-way situated between the H Street right-of-way and J Street right-of-way, as described in this Ordinance, plus compensation for the market value of such abandoned property in accordance Chapter 62 of the City of La Porte Code of Ordinances. Section 6. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date,hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof.