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ORDINANCE NO. 96- 21.37,
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY OF
BLOCK 133, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; RETAINING
AN EASEMENT FOR EXISTING WATER, SANITARY SEWER, HOUSTON LIGHTING
& POWER COMPANY, AND SOUTHWESTERN BELL TELEPHONE COMPANY
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
record owners of all of the property abutting the hereinafter described alley of Block
133, in the Town of La Porte, Harris County, Texas, to vacate, abandon, and
permanently close the alley of Block 133; and
WHEREAS, the City Council of the City of La Porte has determined and does
hereby find, determine and declare that the hereinafter described alley of Block 133,
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 alley of Block 133, Town of La Porte, Harris County, Texas, is for the
protection of the public and for the public interest and benefit, and that the hereinafter
described alley of Block 133, Town of La Porte, 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 253, Section 253.001 of the Texas Local
Government Code, the hereinafter described alley of Block 133, Town of La Porte,
Harris County, Texas, is hereby permanently vacated, abandoned and closed by the
City of La Porte, to wit:
ORDINANCE NO. 96. ? l'
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Being the alley of Block 133, of the Town of La Porte, in Harris County,
Texas, according to the map thereof recorded in Volume 58, Page 460,
Deed Records of Harris County, Texas;
Notwithstanding anything to the contrary contained in this Ordinance, City
excepts from the Ordinance and reserves unto City and City's successors and assigns,
a perpetual easement (the "Utility Easement") in, over, under, through and across the
property described above for the construction, reconstruction, installc:ltion, reinstallation,
removal, replacement, maintenance, repair, restoration, use and/or operation of existing
water and sanitary sewer facilities contained within said area; toge!ther 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 ordinance and reserves unto its
franchised utilities, specifically including but not limited to Houston Lighting & Power
Company, Southwestern Bell Telephone Company, and TCI Cable, 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, cables, and pipes, and all necessary or desirable
appurtenances, whether for franchise utilities used in its businesses or for other
purposes located, below, and above ground level on, over, under, 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. Said reserved easements are further described on Exhibits
A and B, attached hereto and fully incorporated by reference herein, as if set forth
herein verbatim.
ORDINANCE NO. 96- 21'
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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 is 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 Chapter 551, Tx.
Gov't 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. Applicants shall have thirty (30) days from the
effective date hereof to deliver unto the City of La Porte, $2,100.00 in certified funds as
consideration herein. If such delivery has not been made within thirty (30) days from
the effective date hereof, this Ordinance shall be null and void. The City Secretary shall
not issue a certified copy of this Ordinance until such payment is made.
PASSED AND APPROVED, this ? ~rrl day of S'ppl"pmhpr
,1996.
CITY OF LA PORTE
ByA::~/Rl~
ormal L. Malone, Mayor
AS::~
Sue Lenes, City Secretary
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EXHIBIT A
EASEMENT FOR TELECOMMUNICATIONS FACILITIES
Lots One (1) through Four (4), inclusive, and Lots Twenty-nine (29)
through Thirty-two (32), inclusive, in Block One Hundred Thirty-three (133)
In the Town of la Porte, a subd~vjsjon out of the Johnson Hunter league,
Abstract 35, in Harris County, Texas, according to the map or plat
thereof recorded in Volume 58; Page 460 of the Deed RecmdS' of Horris
County, Texas, being that same property described in that certain deed
from John T. Thompson, et al., to J. M. Gregory, et al., Tru.stees of the
Church Of Christ, la Porte, Texas, dated March 13, 1950, and recorded in
Volume 2058, Page 351 of the Deed Records of Harris County, Texas.
Lots Rve (5) through Twenty-elght (28), Inclusive, In Block One Hundred
Thirty-three (133) In the Town of La Porte, a subdivision out of the Johnson
Hunter league, Abstract 35, In Harris CO!Jnty, Texas, according to the map
or plat thereof recorded in Volume 58, Page 460 of the Deed Records of
Harris County, Texas, being that same property described In those certain
deeds to la Porte Independent School District, as filed for record under
County Clerk's Rle H991134, Rim Code No. 049-86-1105 and County
Clerk's Rle N288299, Rim Code No. 044-03-2462 of the Official Records of
Real Property of Harris County, Texas.
It is distinctly understood that this agreement does not constitute a conveyance
of the land above described, nor of the minerals therein and thereunder, but grants
only a right-of-VVt;Iy and easement subject to the following: '
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(a) The easement granted herein is solely for the purpose of permitting GRANTEE
to construct, operate, place, lay, Inspect, protect, alter, subsfltute, repair, relocate,
maintain, replace, and remove such above grouhd and underground
telecommunications facilities, and appurtenances thereto, as GRANTEE, Its successors
. and assigns, may from time to time require upon, over, above, under, and across The
Property; the right of pedestrian and vehicular Ingress to and egress from said
easement via reasonable routes across The Property; the right to clear. and keep
cleared trees, brush, and all other obstructions from the surface and subsurface of said
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said easement, subject to the exceptions stated herein; and, the right to install,
maintain, and use gates in fences which cross said easement.
(bJ The easement granted herein shall be sixteen (16) feet in width, shown as
the cross hatched area on surveyors plat, Sketch No. 96-365, prepared by Houston
lighting & Power. said plat being attached hereto and incorporated herein as Exhibit
"A".
(c) GRANTOR, its successors and assigns. shall have the right to cultivate and
otherwise use the surface and subsurface of the easement herein granted insofar as
such use does not interfere with or obstruct the use of the easemEmt by GRANTEE. or
Its successors and assigns.
(d) During the period of installation of telecommunications facilities by
GRANTEE within the easement herein granted, GRANTEE shall have the right to use as
temporary construction easements so much of the surface of The Property as may be
reasonably necessary for GRANTEE'S construction and installation of said
telecommunications facilities. Following the initial installation of GRANTEE'S
telecommunications facilities. and also after any later operation or occurrence done
or caused to be done by GRANTEE which affects The Property or any part thereof.
GRANTEE shall promptly restore the grounds and roadways affec:ted thereby to as
nearly as practicable the same condition existing prior to such construction operation
or occurrence.
(e) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and
against any and all claims, demands. or causes of action of whatever nature.
asserted by others which are caused by or arise in any manner out of acts or
omissions of GRANTEE in the use and occupancy of the easement herein granted by
GRANTEE. its employees, or any other persons acting under its control.
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(f) The right-of-way and easement granted hereby is subject to all. If any. valid
and subsisting oil. gas, sulphur, and mineral lease or leases, unitization agreements.
deeds. easements. rights-of-way, restrictive covenants, mineral .and royalty grants
and reservations. or other instruments now of record in the appropriate records of
Harris County, Texas. and unrecorded prior easements under which improvements
have been constructed in such a manner as to be apparent to the GRANTEE from an
inspection of the premises, relating to all or any part of The Property.
(g) GRANTOR warrants that they are the owners of the property occupied by
the easement herein granted, and that they have the right to make this conveyance
and receive the consideration therefor. GRANTOR covenants that GRANTEE, its
successors and assigns. may quietly enjoy the easement for the uses herein stated.
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EXHIBIT B
EASEMENT FOR ELECTRIC DISTRIBUTION FACIUTIES
Lots One (1) through Four (4), inclusive, and Lots Twenty-nine (29)
through Thirty-two (32), inclusive, in Block One Hundred Thirty-three (133)
of the City of La Porte, a subdivision out of the Johnson Hunter League,
Abstract 35, in Harris County, Texas, according to the map or plat thereof
recorded hi Volume 58, Page 460 of the Deed Records of said County
and State, being that same property described in a deed from John T.
Thompson, et at, to J. M. Gregory, et at, Trustees of the Church Of
Christ, La Porte, Texas, dated March 13, 1950, and tecorded in Volume
2058, Page 351 of the Deed Records of Harris County, Texas.
The easement herein granted is sixteen (16) feet wide, the location of
which is shown by the crosshatched area on Sketch No.' 96-365, hereto
attached and made a part hereof, together with unobstructed aerial
easements seven (7) feet wide, beginning at a plane sixteen (16) feet
above the ground and extending upward, located on both sides of and
adjoining said sixteen (16) foot wide easement.
The easement herein granted is for the Use and benefit of all public
utilities.
Lots Five (5) through Twenty-eight (28), Inclusive, in Block One Hundred
Thirty-three (133) in the Town of La Porte, a subdivision out of the
Johnson Hunter League, Abstract 35, in HarrisCounty,'Texas, according
to the map or plat thereof recorded in Volume 58, Page 460 of the Deed
Records of said County and State, being that same property described In
deeds to La Porte Independent School District, and filed of record under
County Clerk's File H991134, Film Code 049-86-1105 and County Clerk's
File N288299, Film Code 044-03-2462 In the Official Public Records' of
Real Properly of Harris County, Texas.
The easement herein granted is sixteen (16) feet wide, the location of
which is shown by the crosshatched area on Sketch No.' 96~365, hereto
attached and made a part hereof, together with unobstructed aerial
easements seven (7) feet wide, beginning at a plane sixteen (16) feet
above the ground and extending upward, located on both sides of and
adjoining said sixteen (16) foot wide easement.
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The easement herein granted is for the use and benefit of all public
utilities.
Grantee shall also have rights of ingress and egress to and from said easement,
together with reasonable working space, for the purpO!~es of erecting, installing,
operating, maintaining, replacing, inspecting, and removing said electric distribution
facilities, together with the additional right, to remove from said easement and land
adjoining thereto, all bushes, trees and pa~s thereof, or other structures which, in the
opinion of Grantee, endanger or may interfere with the efficiency; safe and proper
operation, and maintenance of said electric distribution facilities.
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W. "F" ST.
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PROPOSED ALLEY CLOSING
& LOCATION OF PROPOSED
16' UTI lilY EASEMENT.
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SA .96.02
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City of L(l Porte
Escablished 1892
September 9, 1996
Mr. Glen McDowell
Brooks & Sparks, Inc.
15915 Katy Freeway ,
Houston, Texas 77094
Dear Mr. McDowell:
In reference to the joint application filed by L.P.I.S.D. and the Church of Christ
to close the alley of Block 133, Town of La Porte, I wish to update you as to the
current status and issues related to the closing.
Ie EASEMENT ACQUISITION FOR EXISTING UTILITIES:
In order to facilitate maintenance of existing utilities in the alley,
executed utility easement agreements are required between the owners
of the property and the entities which operate and maintain these
utilities (i.e. City of La Porte, H.L.& P., and S.W.B.T.). Houston
Lighting and Power Co. and Southwestern Bell, each expressed a
desire to execute individual easement agreements. Each utility
company prepared easements and city staff forwarded them to the
school district and the church for review. Both owners have since
reviewed and signed these agreements and they have been returned to
each utility company. A draft copy of the city ordinance approving
the closing of the alley with provisions to save and except a utility
easement for the maintenance of existing city water and sewer
facilities is attached to this letter for your review
(Exhibit "An).
P.O, Box 1115 · LaPorte,Texasi7S72.llIS. (71;)4il.SmO
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II. ASSESSMENT OF FAIR MARKET VALUE FEES FOR. CLOSING:
As defined in Chapter 21, Section 21-28, of La Portel's Code of
Ordinances, the school district, being a governmental entity with the
power of eminent domain, will be exempted from the fair market
value fees associated wl.th closing of the district's portion of the alley.
The remaining portion of the alley situated between the Church's
property (Lots 1-4 & 29-32), will be subject to the aforementioned
fees. Based on ordinance provisions, the fair market value of the
church's portion of the alley is two-thousand one-hundred dollars
($2,100.00). Payment of this fee is required to close the alley. In the
event that either the applicant or the city does not agree with the fair
market value, the ordinance provides an option for an independent fee
appraisal from an appraiser selected by the City at the applicant's
expense. Attached is an excerpt (Section 21-28) from the:: ordinance
governing street and alley closings which addresses the appraisal and
procedure for pursuing an independent appraisal of the property
(Exhibit "B ").
III. FUTURE RELOCATION OF EXISTING UTILITIES:
Once the alley has been closed and easements provided, any future
plans of the school district for construction on or across the existing
utility easement will require relocation of the existing utilities. The
city maintains a 1" water line and an 8" sanitary sewer line in the
alley. Relocation of these facilities will require the submittal and'
approval of plans and specifications from a registered professional
engineer. The city will not participate in the cost of relocating these
facilities. Attached is an exhibit showing a potential reroute of the
city's sanitary sewer line as well as the location of the nearest city
water line available (Exhibit "C"). In regard to H.L.& P. and
S. W .B. T. facilities, arrangements will need to be made independently
with each utility company for relocation of their utilities.
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Once the applicants have reviewed and agree with the conditions listed herein, the
city will place this item on the council agenda. Upon closing of the alley and
recording of the easement instruments, the district, if they so choose, may pursue
replatting of the property.
I hope that you will find this information helpful. If I may be of any further
assistance, please feel free to contact me at 471-5020, ext. 257.
Sincerely,
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Brian Sterling,
Engineering Technician
City of La Porte
attachments
c: Hoover Cochran, Church of Christ
Mike Clausen, L.P.I.S.D.
Guy Rankin
file