HomeMy WebLinkAboutO-1996-2113
. .
Ordinance No. 96-2113
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND SOUTHERN PACIFIC TRANSPORTATION COMPANY;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH 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. The City Council hereby approves and authorizes
the contract, agreement or other undertaking described in the title
of this ordinance, in sUbstantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The city Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Section 2. 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
ci ty 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 3. This Ordinance shall be effective from and
after its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 24th day of June
, 1996.
CITY OF LA PORTE
hd~~
BY:
ATTEST:
~~-
City Secretary
Q
(7
I
I.
.
.
I
....
.
e
t(()){PV
STATE OF TEXAS 8
8
COUNTY OF HARRIS 8
AGREEMENT
This Agreement, made and entered into by and between
the City of La Porte, a municipal corporation of Harris
County, Texas, hereinafter referred to as "city," and
Southern Pacific Transportation Company, a Delaware
Corporation, hereinafter referre4 to as "S.P."
WHEREAS, S.P. owns a 219 Acre tract in the city of La Porte;
all of which is more fully shown on a plat thereof attached
hereto as Exhibit "A", incorporated by reference herein and
made a part hereof for all purposes, with said property
being sometiJlles hereinafter referred to as "the S.P.
Property"; and
WHEREAS, S.P. currently operates a railroad facility, known
as "Strang Yard" adjacent to said 219 Aqre tract; and
WHEREAS, S.P. has previously filed with the city of La Porte
Planning and Zoning commission a General Plan for
Development of said 219 Acre tract, which said plan in part
proposes an addition to S.P.'s existing Strang Yard
Facility; and
WHEREAS, S.P., in said General Plan for development, has
further proposed closure of certain existing city of La
Porte street rights-of-way, in exchange for dedication of
rights-of-way to the city of La Porte; and
WHEREAS, said right-of-way exchange facilitates .development
of said 219 Acre tract and further provides for future
street locations within said tract; and
WHEREAS, said right-of-way exchange also allows for
acquisition by the city of La Porte of land needed to
facilitate proposed drainage improvements within the city of
La Porte; and
WHEREAS, the parties find it mutually beneficial to proceed
with the exchange of rights-of-way as proposed in said
General Plan in order to facilitate development of the
property and drainage improvements in La Porte;
NOW, THEREFORE, BASED UPON THE PREMISES AND THE MUTUAL
COVENANTS HEREI~ CONTAINED, CITY AND S.P. ~VE AGREED, AND
DO HEREBY AGREE TO THE COVENANTS HEREIN CONTAINED, ALL AS
AFFECT "THE S.P. PROPERTY";
'.
"
e
e
1. STREET RIGHTS-OF-WAY CLOSED IN FAVOR OF S.P.: The
following city dedicated street rights-of-way located on the
S.P. property and shown as the shaded area on Exhibit "A",
shall be permanently vacated, abandoned, and closed by
ordinances to be passed by city council of city, and
certified copies of such ordinances and quit claim deeds,
filed for record in the office of the county Clerk of Harris
County, Texas, thereby'relinquishing any right, title, or
interest therein of city, to S.P., without charge or fee to
S.P. by city, in consideration for the grants by S.P. to
city as hereinafter described in Paragraph 2 hereof.
a. North 12th Street-from the north line of the
Johnson Hunter Survey to the north right-of-way line of
North "L" Street; thence, from the south right-of-way
line of North "L" Street to the north right-of-way line
of North "J" Street; and, thence, from the south right-
of-way line of North "J" Street to .the north right-of-
way line of North "H" Street.
..... '--b. North'13th Street-from the north line 'of the
Johnson Hunter Survey to the south line of the Southern
Pacific Railroad r~ght-of-way.
c. North 14th street-from the north line of the
Johnson Hunter Survey to the north right-of-way line of
North "L" Street; thence, from the south right-of-way
line of North "L" Street to the north right-of-way line
of North "J" Street; and thence, from the south right-
of-way line of North "H" Street to the north right-of-
way line of North "F" Street, also known as West
Barbours cut Blvd.
d. North 16th street-from the north line of the
Johnson Hunter Survey to the centerline of North "H"
street; provided, however;
1. The city shall retain an easement for
existing water, sewer and drainage facilities
contained in said right-of-way; with reasonable
ingress and egres$ for maintenance of said public
utilities. .'
2. The city shall also retain easements in favor
of Houston Lighting ,. Po~er and Southwestern Bell
for the continued operation, repair and
maintenance of their facilities contained in said
right-of-way, with reasonable, ingress and egress
for maintenance.
2
"
"
e
e
e. North "H" Street"';'Between the west right-of-way
line of North 13th street and the east right-of-way
line of North 16th street; thence, the horth forty feet
(40') of North "H" street from the west right-of-way
line North 16th to the west line of the Johnson Hunter
Survey, A-35; provided, however; .
1. The City shall also retain easements in favor
of Houston Lighting & Power and Southwestern Bell
for the continued operation, repair and
maintenance of their facilities contained in said
right-of-way, with reasonable ingress and egress
for maintenance.
f. North "J" Street-from the west right-.of-way line
of State Highway 146 to the east right-of-way line of
North 16th Street; and, thence, from the west right-of-
way line of North 16th to the west.line of the Johnson
Hunter Survey.
g. North "L" Street-from the west right-of-way line
of State Highway 146 to the east right-of-way line of
North 16th Street; and, thence from the west right-of-
way line of North 16th to the west line of the Johnson
Hunter Survey.
h. North "P" Street-from the west right-of-way line
of North 13th Street to the east right-of-way line of
the Southern Pacific spur track provided, however;
1. The city shall retain an easement for existing
and proposed wat~r and sewer facilities within
said right-of-way, with reasonable ingress and
egress for maintenance of said public utilities.
2. The city shall also retain easements in favor
of Houston Lighting '.Power and Southwestern Bell
for the continued operation, repair and
maintenance of their facilities contained in said
right-of-way, with reasonable ingress and egress
for maintenance.
city and S.P. agree that S.P., shall have the right to
relocate at S.P.'s expense, the easements reserved for
existing and proposed utilities in paragraphs l(d), l(e),
and l(h) of this Agreement. city agrees to cooperate with
S.P. in relocating utilities and easements held by city and
those held by third parties. Said relocation shall be by
mutual consent of S.P. and the appropriate utility owner.
3
'.
e
e
2. PROPERTY BEING CONVEYED TO CITY: For and in
consideration of the vacatinq, abandoninq, and closinq of
the above described street riqhts-of-way by city, as
described in Paraqraph 1 hereof, S.P. shall qrant and convey
to the city, the following:
a. An area, the qeneral location of which is shown on
attached Exhibit "B", shall be dedicated by S.P. to
city for future use by city as 16th street and IIJII
street. The proposed riqhts~of-way shall be 100 ft.
wide and conform sUbstantially to the aliqnment shown
on Exhibit "B". city and S.P. aqree that reasonable
adjustments to the 16th street and IIJII street rights-
of-way shall be determined by mutual agreement between
city and S.P. at a future date.
Both city and S.P. shall cooperate one with the other
to facilitate reasonable adjustments to the dedication
of said 16th street and IIJII street riqhts-of-way. Any
such adjustment of said riqhts-ot-way shall conform
substantially to the aliqnment shown oil Exhibit "B";
attached hereto, conform to city standards and
recognized traffic engineerinq principles.
It is further agreed between city and S.P. that the
dedication of 16th street and IIJII street shall not be
construed by City as an attempt by S.P. to formally
subdivide or otherwise develop the property and city
aqrees to waive any and all city fees that S.P. would
pay that are normally associated with subdivision
dedications. Provided, however, in the event that
S.P., its successors or assiqns, hereafter subdivide or
develop all or part of the remaininq acreaqe, the
future subdivided or otherwise developed portion be
subject to city's then. prevailing ordinances and
policies regarding subdivision and or development of.
land, including liability for payment of fees thereon.
b. S.P. shall qrant and dedicate to the Public,
an easement for drainaqe purposes shown on attached
Exhibit "B" and further defined as "Drainaqe Easement".
S.P., its successors and assigns, shall be allowed to
construct and maintain rail facilities over this
proposed easement area subject to city's ordinances and
policies reqardinq such development.
I .
city and Harris County Flood Control District shall
have prior riqht of approval. of plans and
specifications, to assure.that the water carrying
capacity of the channel is not reduced as a result of
future con~truction of rai~ facilities by S.P. All
! .
4
e
"e
costs associated with the construction of rail
facilities and drainage,structures.appurtenant to
Railyard including unde~ Railyard shall b~ borne by
S.P. or its. successQrs and assigns.
'I .
c. Two tracts shown on attached Exhibit "B" and
further defined,'as Tract 1 and Tract 2 shall be
conveyed by S.P. to city, by special Warranty Deed, for
a proposed Harris County Flood control!drainage
channel.
3. FUTURE 16TH STREET BRIDGE: S.P. and city recognize that
the area described in paragraph 2 (a), for use as future 16th
Street crosses the 230 foot right-of-way conveyed to city in
paragraph 2 (c). This alignment is a matter of convenience
meant to provide and preserve the option to construct a
roadway and bridge over the 230 foot drainage right-of-way.
There is no requirement, implied or ot~erwise, for either
party to this agreement, or their successors and assigns, to
construct a bridge over the 230 foot right-of-way.
It is further agreed, unless modified by mutual agreement,
that if S.P., or its successors and assigns, participates
with city in the construction of a bridge, over the 230 foot
drainage right-of-way, its maximum contribution shall be 40'
of the expenses associated with construction'of said bridge.
city shall have the right to designate and or approve the
outside consulting engineer to design and supervise the
construction of such bridge.
4. EXISTING PIPELINE CORRIDOR: city and S.P. recognize
existence of a pipeline corridor, running east and west,
parallel to and south of 230 foot easement and right-of-way
conveyed in paragraph 2 of this agreement by S.P. to city.
Both City and S.P. agree to not take any action that would
diminish the rights of the owners or holders of said
pipeline corridor, fee; title, licenses, easements or other
vested rights, without first obtaining the consent of said
pipeline cor~idor owners and/or permit holders.
city and S.P. further agree to take all steps as may
reasonably be required to assist the other party in
obtaining the rights or privileges contemplated in this
agreement, in connection with the holder of the pipeline
corridor fee, easement, license or other vested right.
I
5. CITY'S ORDINANCES AND QUIT CLAIM DEEDS ATTACHED:
city's proposed forms of quit claim deeds and ordinances,
vacating, abandoning, and closing rights-of-way described in
5
"
e
.
Paragraph 1 are attached hereto as Exhibits "C-l" through
Exhibits ltc-sIt, incorporated by reference herein, and made a
part hereof for all purposes.
6. S.P. DEEDS ATTACHED: S.P.'s form of special Warranty
Deed to city, conveying the right-of-way, described in
Paragraph 2 (a) is attached hereto as'Exhibit "0",
incorporated by reference herein~ and made a part hereof for
all purposes.
S.P's form of Special Warranty Deed tQ
property described in Paragraph 2 (c)i
Exhibit "E", incorporated by reference
part hereof for all purposes.
city, conveying the
is attached hereto as
I
herein, and made a
7. S.P. EASEMENT ATTACHED: S.P.'s form of easement to the
Public for drainage purposes, as described in Paragraph 2
(b), is attached hereto as Exhibit "F", .incorporated by
reference herein, and made a part hereof for all purposes.
s. CITY'S CLOSING OBLIGATION: city's obligation to close
said dedicated street rights-of-way located on SP property
is contingent upon:
a. Execution of this Agreement by S.P.;
b. Approval of Ordinance by city authorizing
execution of Agreement by city and delivery of
certified copy of same to S.P.; "
c. Execution of this Agreement by city and delivery
of original execution copy of same to S.P.;
d. Delivery of the deeds referred to in section
2 (a), and section 2 (c) and the easement referred
to in section 2 (b) by S.P. to city;
e. Passage by city council of city Ordinances in
forms attached to this Agreement authorizing
closing of street and alleys referred to in
section l(a) through l(h) herein.
f. Delivery and approval" of Exhibits "A" and "B"
and metes and bounds descriptions of pr9perty and
easement being conveyed by S.P. to city in
paragraph 2. city and S.P. each agree to pay for
one half of the expenses associated with
production of these documents.
9. NO APPROVALS IMPLIED: The rights-of-way exchanges or
any of the other terms of this agreement contemplated
herein, are not to be construed as approval,. tacit or
explicit, by City or any agency, department, or governing
body of city, o~ any' of the plans, specifications, permits,
zoning requests, development requests or otherwise that S.P.
has made or might make at any time~"past, pre~ent or future,
6
I ,
~
e
e
of city.
10. ENTIRE AGREEMENT: This instrument together with any
attachments hereto constitutes the entire Agreement between
the parties with respect to the subject matter hereof, and
supersedes and replaces any prior understand~ngs or
agreements, oral or written, between the parties regarding
such subject matter. No modification or variations of the
terms of this Agreement or any provision thereof shall be
valid unless in writing and signed by both of the parties
hereto.
11. GOVERNING LAW: This contract between city and S.P.
shall be governed by and construed according to the laws of
Texas.
12. PARTIAL INVALIDITY: If any provision of this Agreement
is held by a Court of competent jurisdiqtion to be invalid,
void or unenforceable, the remaining provision shall
nevertheless continue in full force without being impaired
or invalidated in any way.
13. INTERPRETATION NOT AFFECTED BY HEADINGS: The division
of this Agreement into articles, sections and other
portions, and the insertion of headings, are for convenience
of reference only and shall not affect the construction or
interpretation of this Agreement.
14. ASSIGNMENT: S.P. may assign its rights under this
Agreement without the prior written consent of The city of
La Porte, provided that such assignment shall not relieve
S.P.IS assignee from performance of S.P.IS obligations set
forth in this Agreement.
15. NOTICES: All notices required or permitted to be given
hereunder shall be in writing and may be delivered by hand,
by facsimile, by nationally recognized private courier, or
by united states mail. Notices delivered by mail shall be
deemed given three (3) business days after being deposited
in the united States mail, postage prepaid, registered or
certified mail, return receipt requested. Notices delivered
by hand, by facsimile, or by nationally recognized private
carrier shall be deemed given on the first business day
following receipt; provided, however, that a notice
delivered by facsimile shall only be effective if such
notice is also delivered by hand, or deposited in the United
states mail, postage prepaid, registered or certified mail,
on or before two (2) business days after its delivery by
facsimile. All notices shall be addressed as follows:
7
. .
.
The City o~ La Porte
Attention: John E. Joerns,
Assistant city Manager
604 W. Fairmont Parkway
P. O. Box 1115
La Porte, Texas 77572-1115
(713) 471-5020 Telephone
(713) 471-7168 Facsimile
.
Southern Pacific Transportation Company
ATTEST:
~~
Sue Lenes
City Secretary
THE CITY QF LA PORTE
BY:~~ "To \\~
Robert T. Herrera
City Manager
SOUTHERN PACIFIC
TRANSPORTATION COMPANY
By:
C::. .::::-:.':".1 .~'.~.~'j,
;i. _~. ...::;:.:r.
Title:
Vice President
r;:>;
\ '. .-.' (. ;
.. /
'" ..-/
8