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HomeMy WebLinkAboutO-1996-2118 e e (North "H" Street -S.P.) ORDINANCE NO. 96-211 R AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH "H" STREET, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; RETAINING AN EASEMENT IN FAVOR OF HOUSTON LIGHTING & POWER COMPANY; 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 "H" Street, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of North "H" 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 "H" 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 "H" Street, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and b~nefit, and that in exchange for the consideration hereinafter described, the hereinafter described portion of said North "H" 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 "H" EXHmIT tIC -5" e e ORDINANCE NO. 96-2118 PAGE 2 Street, Town of La Porte, Harris County, Texas, in exchange for the consideration hereinafter described, is hereby permanently vacated, abandoned and closed by the City of La Porte, to -wit: 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; and, the north 40' of North "H" Street from the west right-of-way line of North 16th street to the west line of the Johnson Hunter Survey, A-35. Notwithstanding anything to the contrary contained in this Ordinance, City excepts from the property described in Paragraph 1 above and reserves unto City, and its franchise utilities, their successors and assigns, specifically including Houston Lighting and Power Company and Southwestern Bell Telephone Company and S.P. by S.P.'s acceptance of a Quit Claim Deed hereby grants and conveys unto City and City's successors and assigns, 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, and across the afore- described property; said reservation being for the 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 ("Utility Easement"). EXHIBIT tIC -5" e e ORDINANCE NO. 96-2118 PAGE 3 Furthermore, in the event Southwestern Bell Telephone Company currently has existing utilities on the property described in Paragraph 2 above, the City excepts from this property and reserves unto the City, Southwestern Bell and their successors and assigns, a Utility Easement on, under, over, and along the property described in Paragraph 2 above. The easement width may be reduced from the full right-of-way width retained herein by granting an easement to the utility companies described above specifying the specific easement width and needs of the utility companies described above. 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 EXHIBIT tIC -5" . e ORDINANCE NO. 96-2118 PAGE 4 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 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 ~ day of .:Ju.tJe.- ,1996. CITY OF LA PORTE BY:~~~ f orman L. Ma one, Mayor ATTEST: ~~ City Secretary EXHIBIT tIC -5"