1974-08-28 Special Meeting - Laserfiche WebLink

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t project (expense incurred by City in the approval of plans and specifications or in construction inspection excepted). In no event shall Southern Pacific be obligated to make any payment to or on behalf of City or defend any litigation against City, as a result of any claim, loss, cost, expense, liability, or obligation, direct or indirect, that does not arise out of the construction of such bridge overpass. 2. City and Southern Pacific mutually recognize the present existence of North "L" Street in the City of La Porte across the 23.3557 acre tract of land described in deed recorded in Volume 7990 at pages 515 through 517 of the Deed Records of Harris County, Texas from Elizabeth Welling Cockburn Deaver, • et al, to Southern Pacific Company (certified copy of which deed being on file herein marked "Plaintiff's Exhibit No. 4"). The portion of North "L" Street which crosses such 23.3557 acre tract is more fully described in Paragraph 5 of the Second Cause of Action in Plaintiff's First Amended Original Peti- tion on file herein, on page 13 thereof. City and Southern Pacific further mutually recognize the present existence of such street across Southern Pacific's 100 -foot mainline right- of-way lying westerly of and adjacent to such 23.3557 acre tract; the alignment of such street across such mainline right-of-way being 80 feet wide betweeen parallel northerly and southerly lines projected easterly from the northerly and • southerly boundary lines of that portion of North "L" Street described in the above mentioned Paragraph 5. The City Com- mission of the City of La Porte has found and determined that the construction and crossing of such street at grade across the classification tracks and mainline tracks of Southern Pacific would be dangerous and contrary to the public interest, and has further found and determined that the only feasible and safe • method of construction of North "L" Street as an anticipated major thoroughfare across the classification yard and mainline tracks of Southern Pacific will be by bridge overpass over such -4-