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HomeMy WebLinkAboutO-1996-2117 e e (North 16th Street -S.P.) ORDINANCE NO. 96-2117 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH 16th STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; RETAINING AN EASEMENT FOR EXISTING WATER, SEWER, POWER AND TELEPHONE FACIliTIES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by Southern Pacific Transportation Company, the record owner of all of the property abutting the hereinafter described portion of North 16th Street, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of North 16th Street; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portion of North 16th Street, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street and alley, and that the closing of the hereinafter described portion of North 16th Street, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that in exchange for the consideration hereinafter described, the hereinafter described portion of said North 16th Street, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. 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 the State of Texas, 1925, the hereinafter described portion of North 16th EXHIBIT tIC -4" e e ORDINANCE NO. 96-2117 PAGE 2 Street, Town of La Porte, Harris County, Texas, subject to receipt of the consideration hereinafter described from Southern Pacific Transportation Company, is hereby permanently vacated, abandoned and closed by the City of La Porte, to -wit: Being that portion of North 16th Street -from the north line of the Johnson Hunter Survey to the centerline of North "H" Street; Notwithstanding anything to the contrary contained in this Ordinance, City excepts from the Ordinance and reserves unto City and City's successors and assigns, and S.P. by S.P.'s acceptance of a Quit Claim Deed hereby grants and conveys unto City and City's successors and assi.gns, a perpetual, exclusive easement (the "Utility Easement") in, over, under, through and across the property described above for the construction, reconstruction, installation, reinstallation, removal, replacement, maintenance, repair, restoration, use and/or operation of existing water, sewer, and drainage facilities contained within said area; together with a limited right-of-way and right-of-access for purposes of ingress and egress for maintenance of said utilities. Provided further, that City excepts from the property and reserves unto City, and its franchise utilities, specifically including Houston Lighting & Power Company and Southwestern Bell Telephone Company, an easement for electrical transmission and distribution lines consisting of a variable number of wires and cables and all necessary or desirable appurtenances; and telecommunications lines consisting of various wires and cables and all necessary or desirable appurtenances, whether for franchise utilities use in its business or for other purposes located at, below, and above ground level on, over, under, and across the afore-described property; said reservation being for the EXHIBIT tIC -4" e e ORDINANCE NO. 96-2117 construction, reconstruction, installation, reinstallation, removal, replacement, maintenance, repair, restoration, use and/or operation of said utilities, together with rights of reasonable ingress and egress thereupon for maintenance. The easement width may be reduced from the full right-of-way width retained herein by granting individual (or collective) easements to each utility company specifying the specific easement widths and needs of each utility. 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 City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252 -17, Texas Revised Civil Statutes Annotated; 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. Applicant, Southern Pacific Transportation Company, shall have thirty (30) days from the effective date hereof to deliver unto the City of La Porte, in recordable form, its duly executed Special Warranty Deeds and Drainage Easement conveying the property described in Paragraphs 2a, 2b, and 2c of that certain agreement made and entered into by and between the City of La Porte and Southern Pacific Transportation Company, dated June 24, 1996. The City Secretary shall not issue a certified copy of this Ordinance until said Special Warranty Deeds and PAGE 3 EXHffiIT tIC -4" e e ORDINANCE NO. 96-2117 PAGE 4 Drainage Easement are delivered to the City Secretary of the City of La Porte. If such delivery has not been made within thirty (30) days from the effective date hereof, this Ordinance shall be null and void. PASSED AND APPROVED, this ,1,-/"", day of \JC.1Je... . 1996. CITY OF LA PORTE BY: ~~ ~~~4-- / 'orman L. :KII:alone, Mayor ATTEST: j) , ~~ City Secretary EXHIBIT tIC -4"