R-1973-04 - Laserfiche WebLink

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e e .. NOW, THEREFORE" BE IT RESOLVED :BY ,THE CITY ,COMMISSION OF THE CITY OF LA PORTE: ' Sectibtl 1. That the law firm of Sears and Burns, Special Counsel for the City of La Porte, and the City Attorney of the City of La Porte be and they are here- by authorized and instructed to file suit against Southern Pacific 'Transportation Company for injunction and declar- atory relief to establish that North "L" Street, as de- scribed in the field notes attached to this Resolution, is a public street, and to enjoin Southern Pacific Transporta- tion Company from making unlawful use of such street and . encroaching thereon. Section 2. In the alternative, and only in the event that it be finally determined that the tract of land described in the field notes attached hereto is not now a public street, then and in such event, the City Commission of the City of La Porte does hereby DETERMINE THE NECESSITY FOR AND ORDER the acquisition for public use of the fee simple title for street purposes in and to such tract of land and hereby directs Special Counsel and the City At- torney to file and prosecute an alternative cause of ac- . tion for and on behalf of the City to condemn and acquire the fee simple title to such property as a portion of North "L" Street within the city limits of the City of La Porte. Nothing contained in this Section 2 shall constitute an ad- mission that the City of La Porte, as trustee of the general public, is not vested with an easement for street purposes over, upon and across North "L" Street, as described, or that Southern Pacific Transportation Company has fee simple title to such strip unencumbered by such public easement for street purposes; and this section of the Resolution only authorizes an alternative cause of action as aforesaid. '.