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HomeMy WebLinkAboutO-1995-2033-A e . ORDINANCE NO. 95-2033-A AN ORDINANCE GRANTING A LICENSE TO RAHUL DESAI AND WIFE, AKITA R. DESAJ:, FOR USE OF THE SURFACE OF THE NORTH SIXTEEN FEET (N.16') OF THE PORTION OF THE RIGHT-OF-WAY OF WEST "F" STREET BETWEEN BLOCKS ONE HUNDRED TWENTY-FOUR (124) AND ONE HUNDRED FORTY-ONE (141), TOWN OF LA PORTE, BARRIS COUNTY, TEXAS, AND BETWEEN THE EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146 AND THE WEST RIGHT-OF-WAY LINE OF 8TH STREET; RETAINING PUBLIC UTILITY EASEMENTS; PROVIDING TERMS AND CONDITIONS OF SUCH LICENSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDJ:NG AN EFFECTJ:VE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: " section 1. Subject to the terms and provisions hereof, and under and by virtue of the power granted to the City of La Porte under its Home Rule Charter, and Chapter 13, Title 28, Article 1175, of the Revised civil statutes of Texas, 1925, the City of La Porte hereby grants a license for the use of the surface of the hereinafter described portion of an alley in the City of La Porte, to Rahul Desai and wife, Amita R. Desai, to-wit: THE NORTH SIXTEEN FEET (N.16') OF THE RIGHT-OF-WAY OF WEST "F" STREET BETWEEN BLOCKS ONE HUNDRED TWENTY-FOUR (124) AND ONE HUNDRED FORTY-ONE (141), AND BETWEEN THE RESIDUAL OF BLOCKS ONE HUNDRED TWENTY-THREE (123) AND ONE HUNDRED FORTY-TWO (142), TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, AND BETWEEN THE EAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 146 AND THE WEST RIGHT-OF-WAY LINE OF 8TH STREET; SAID PROPERTY BEING FURTHER DESCRIBED BY MAP ILLUSTRATION ATTACHED TO THIS ORDINANCE AS EXHIBIT "A" AND FULLY INCORPORATED BY REFERENCE HEREIN. Section 2. The term of this license shall be for so long as Rahul Desai and wife, Amita R. Desai, their successors or assigns, operate a lawful business on Block One Hundred Forty-one (141), Town of La Porte, Harris County, Texas. Section 3. As consideration for this license agreement, Rahul Desai and wife, Amita R. Desai, their successors and assigns, agree to landscape and maintain a "conservation setback" on the property described in Section 1 hereof, in accordance with the terms and provisions of Ordinance No. 1501, the City of La Porte Zoning Ordinance, which provides, among other things, for landscaping with trees, shrubs, and groundcover, with a planting plan required to be e ORDINANCE NO. 95-2033-A e PAGE 2 submitted and approved by the City of La Porte. At a minimum, Rahul Desai and wife, Amita R. Desai, their successors and assigns, shall maintain and mow the grass on said property. The landscaping and maintenance of such landscape area for the City of La Porte, and the continuing maintenance of such landscaping, shall be a consideration for the continuance of this license agreement. section 4. Rahul Desai and wife, Amita R. Desai, their successors and assigns, shall not use the surface of the property described in section 1 hereof, for driveways, parking, or any other business use except landscaping and grass, as provided for in this license agreement. The license rights granted to Rahul Desai and wife, Amita R. Desai, their successors and assigns, hereunder, shall be subject to and limited by the terms and provisions of each utility franchise agreement between the City of La Porte and its various franchised public utilities, and shall also be subject to the right of the City of La Porte to use the property described in section 1 hereof, for all public utilities owned and operated by the City of La Porte. section 5. Rahul Desai and wife, Amita R. Desai, join in the execution of this license agreement, to evidence their agreement and consent to the terms and provisions hereof. section 6. Except as expressly set forth herein, this Ordinance shall not limit or otherwise mitigate the provisions of any other applicable City of La Porte ordinance or regulation including, but not limited to, the terms and provisions of Ordinance No. 1501, the City of La Porte Zoning Ordinance. section 7. 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 e ORDINANCE NO. 95-2033-A e PAGE 3 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. PASSED AND APPROVED, this 8th day of May, 1995. LA PORTE ATTEST: L/ c~tarY APPROVED: tJ r:;b c~neY AGREED: Ra ~I(. ])~A' 5-a-'l5. Am a R. Desa.1 e e w. "E'!- ST. ( - co N GO ci a:: 0 n - fa N en 9 (,) ~ I I SAVE & EXCEPT 16' UTILITY CORRIDOR I J~ \0 ~ "- ~ Vi co N GO ci a:: t8 fit en 9 (,) 124 -= - ,~ ~ V) ~ ~ co vj 125 , -------~---------------- w. "F' ST. \ ~ ~ ~ \\ o e I PROP . RIGHT-OF-WAY CLOSING I ~ . 9 (,) 142 1iI~ en o . ( ~~ - o " 0) ci a:: o - fa en 9 (,) 141 w. "c" ST. fi3~ en sg (,)....- EXHIBrr A 140 SAC-95-0I