1998-04-27 Regular Meeting of City Council

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e Ordinance No. 98- 22 3 3 e 3 and Harris Cowty Flood Control District a sixty-foot wide water, sanitary sewer, and dIainage easement located within the existing Arizona (5th) Street Right-of-Way as shown on Exhibit "B" attached hereto. Said public utility easements shall be further subject to the provisions and restrictions contained in Sections 2 & 3 of this ordinance. Section 2. The City of La Porte, for itself, its successors and assigns, and Harris Cowty Flood Control District, shall have the perpetual right, privilege and easement, with appropriate rights of ingress and egress and reasonable working area for construction and maintenance, to enter upon and construct, reconstruct, maintain, opel3te; inspect, replace, restore, repair, and remove public utility facilities. together with all necessary improvements in, over, wder, through and across the public utility easements retained and desaibed in Section 1. Section 3. No buildings, awnings, overbangs, or other structures may be placed on, over or across the public utility easements retained and desaibed in Section 1. Provided, however, nothing in this paragraph shall prevent the right of the owner of said property, to pave, landscape, or otherwise use the surface of said public utility easements, with the exception of Arizona (5th) Street, so long as such use is not inconsistent with the rights of the City of La Porte. All paving plans and specifications shall be subject to the prior approval of the City of La Porte, including, but not limited to the placement of construction joints in any. paving. Any surface or other use of Arizona (5th) Street shall be subject to previously recorded easement Volume 7127 Pages 296-97 of the Hams County Deed of Records, shall be consistent with the rights of the City of La Porte and Hams County Flood Control District as desaibed in Section Two and shall require prior approval of both the City and Harris County Flood Control District The City of La Porte and Harris County Flood Control District shall not be obligated to restore or repair any such paving, landscaping or other improvements disturbed, damaged, or removed by the exercise of such public utility rights and privileges described in Section 2.