HomeMy WebLinkAboutO-1995-2033-C
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ORD:INANCE NO. 95-2033-C
AN ORD:INANCE GRANTING A LICENSE TO RABUL DESA:I AND W:IFE, AKITA R.
DESAI, FOR OSE OF THE SURFACE OF THE NORTH FORTY FEET (N.40') OF THE
PORTION OF THE RIGHT-OF-WAY OF WEST IIFII STREET BETWEEN BLOCKS ONE
HUNDRED TWENTY-FOOR (124) AND ONE HUNDRED FORTY-ONE (141), TOWN OF
LA PORTE, BARRIS COUNTY, TEXAS, AND BETWEEN THE EAST RIGHT-OF-WAY
L:INE OF STATE H:IGHWAY 146 AND THE WEST R:IGHT-OF-WAY L:INE OF 8TH
STREET; RETAINING PUBL:IC UT:IL:ITY EASEMENTS; PROVIDING TERMS AND
COND:IT:IONS OF SUCH L:ICENSE; F:IND:ING COMPL:IANCE W:ITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE 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 FORTY FEET (N.40') 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
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ORD:INANCE NO. 9S-2033-C
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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.
The City of La Porte reserves the right to vacate, abandon, and
close that portion of the right-of-way of West "F" street described
in Section 1 hereof, in which case the license agreement granted by
this Ordinance shall be null and void, and the City and Licensees,
Rahul Desai and wife, Amita R. Desai, their successors and assigns,
shall be released from any further obligation hereunder.
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
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ORDJ:NANCE NO. 95-2033-C
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any other applicable City of La Porte ordinance or regulation
including, but not limited to, the terms and provisions of Ordinance
No. 150l, the city of La Porte Zoning Ordinance.
section 7.
Ordinance No. 95-2033-A, passed and approved May
8, 1995, is hereby repealed.
section 8. 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.
section 9. This Ordinance shall be effective upon its passage
and approval.
PASSED AND APPROVED, this 22nd day of May, 1995.
&1 OF LA PORTE
By. ~~
o an L. a one, Mayor
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