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Home My WebLink AboutO-1998-2233 .; " e e OR~GINAL ORDINANCE NO. 98- 22 3 3 AN ORDINANCE V ACA TING, ABANDONING AND CWSING THE ALLEYS IN BLOCKS 276, 295, & 304, TOWN OF LA PORTE; THE EAST "H" STREET RIGHT-OF-WAY BETWEEN SAN JACINTO STREET & ARIZONA (5TH) STREET; THE EAST "I" STREET RIGHT-OF-WAY BETWEEN SAN JACINTO STREET & ARIZONA (5TH) STREET; AND THE ARIZONA (5TH) STREET RIGHT-OF-WAY BETWEEN EAST "G" STREET AND PARK STREET, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; RETAINING EASEMENTS FOR EXISTING WATER, SANITARY, AND STORM SEWER 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 the record owner of all of the property abutting the hereinafter described alleys in Blocks 276,295, and 304, Town of La Porte; the East "H" Street Right-of-Way between San Jacinto Street and Arizona (5111) Street; the East "I" Street Right-of-Way between San Jacinto Street and Arizona (5111) Street; and the Arizona (5111) Street Right-of- Way between East "G" Street and Parle Street, Town of La Porte, Harris County, Texas; to vacate, abandon, and pennanently close the alleys of Blocks 276, 295, and 304, Town of La Porte; the East "H" Street Right- of-Way between San Jacinto Street and Arizona (5111) Street; the East "I" Street Right-of-Way between San Jacinto Street and Arizona (5th) Street; and the Arizona (5th) Street Right-of-Way between East "G" Street and Park Street, Town of La Porte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has detennined and does hereby fmd, detennine, and declare that the hereinafter described alleys of Blocks 276,295, and 304, Town of La Porte; the East "H" Street Right-of-Way between San Jacinto Street and Arizona (5111) Street; the East "I" Street Right-of-Way between San Jacinto Street and Arizona (5th) Street; and the Arizona (5"') Street Right-of- Way between East "G" Street and Parle Street, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described alleys of Blocks 276, 295, & 304, Town of La Porte; the East "H" Street Right-of-Way between San Jacinto Street and Arizona (5~ Street; the East "I" Street Right-of-Way between San Jacinto Street and Arizona Street; and the Arizona (5111) Street Right-of-Way between East "G" Street and Parle Street, 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 alleys in Blocks 276, 295, and 304, Town of La Porte; the East "H" Street Right-of-Way between San Jacinto Street and Arizona (5th) Street; the East "I" Street Right-of-Way between San Jacinto Street and Arizona (5111) Street; and the Arizona (5"') Street Right-of-Way between , " ", Ordinance No. 98- 213 e 2 East "G" Street and Park Street, Town of La Porte, Harris Comty, Texas, should be vacated, abandoned, and pennanently 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 WIder its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described alleys of Blocks 276,295, & 304, Town of La Porte; the East "H" Street Right-of-Way between San Jacinto Street and Arizona (5th) Street; the East "I" Street Right-of-Way between San Jacinto Street and Arizona (5th) Street; and the Arizona (5th), Town of La Porte, Harris Comty, Texas, as generally depicted by Exhibit "A", is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: The alleys in Blocks 276,295, and 304, Town of La Porte as shown on Exhibit "A" attached hereto. Provided, however, the City of La Porte saves and excepts a to-foot wide sanitary sewer centerline easement located adjacent to the alley in Block 276 as shown on Exhibit "B" attached hereto. The East "H" Street Right-of-Way between San Jacinto Street and Arizona (5th) Street as shown on Exhibit" A" attached hereto. Provided, however, the City of La Porte saves and excepts an eighty-foot wide water, sanitary sewer, and drainage easement located within the existing East "H" Street Right-of-Way as shown on Exhibit "B" attached hereto. The East "I" Street Right-of-Way between San Jacinto Street and Arizona (Sth) Street as shown on Exhibit" A" attached hereto. Provided, however, the City of La Porte saves and excepts a sixty- foot wide water and sanitary sewer easement located within the existing East "I" Street Right-of- Way as shown on Exhibit "B" attached hereto. The Arizona (Sth) Street Right-of-Way between East "G" Street and Park Street as shown on Exhibit" A" attached hereto. Provided, however, the City of La Porte saves and excepts for itself .- " Ordinance No. 98- 2'3 e 3 and Ranis COlmty Flood Control District a s~ty-foot wide water, sanitary sewer, and drainage easement located within the existing Arizona (5th) Street Right-of-Way as shown on Exhibit "B" attached hereto. Said public utility easements shall be further subject to the provisions and restrictions contained in Sections 2 & 3 of this ordinance. Section 2. The City of La Porte, for itself, its successors and assigns, and Harris County Flood Control District, shall have the petpetual right, privilege and easement, with appropriate rights of ingress and egress and reasonable working area for construction and maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace, restore, repair, and remove public utility facilities, together with all necesSaJ)' improvements in, over, under, through and across the public utility easements retained and described in Section 1. Section 3. No buildings, awnings, overbangs, or other structures may be placed on, over or across the public utility easements retained and described in Section 1. Provided, however, nothing in this paragraph shall prevent the right of the owner of said property, to pave, landscape, or otherwise use the surface of said public utility easements, with the exception of Arizona (5th) Street, so long as such use is not inconsistent with the rights of the City of La Porte. All paving plans and specifications shall be subject to the prior approval of the City of La Porte, including, but not limited to the placement of construction joints in any paving. Any surface or other use of Arizona (5th) Street shall be subject to previously recorded easement Volume 7127 Pages 296-97 of the Harris County Deed of Records, shall be consistent with the rights of the City of La Porte and Harris County Flood Control District as described in Section Two and shall require prior approval of both the City and Harris County Flood Control District. The City of La Porte and Ranis County Flood Control District shall not be obligated to restore or repair any such paving, landscaping or other improvements disturbed, damaged, or removed by the exercise of such public utility rights and privileges described in Section 2. ... Ordinance No. 98- 2 ~ e 4 Section 4. 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 Govenunent 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 fonnally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. Section 5. This ordinance shall be effective from and after its passage and approval, and it is so ordered. Applicant shall have forty-five (45) days from the effective date hereoffor the submission, approval, and recordation of the final plat dedicating said easements as defined in Section One of this Ordinance. The City Secretary shall not issue a certified copy of this Ordinance until the above-descn'bed prerequisite has been performed. If such prerequisite has not been performed within forty-five (45) days from the effective date hereof, this Ordinance shall be null and void. PASSED AND APPROVED, THIS 27th DAY OF APRIL 1998. CITY OF LA PORTE By:h~if- Norman L. Malone, Mayor ATTEST: ~ 0JiIAa- J:1.1l14 Martha Gillett, City Secretary " S\, " C, \,.. N.T.S. " S\. "\\ \,.. PROPOSED CLOSINGS " S:\. "\ \,.. ~ Q.~ LA PORTE HIGH SCHOOL EXHIBIT "A" CLOSINGS REQUESTED PROPOSED 10' SAN. SEWER CE " S\, "c, \,.. N.T.S. \' S\. "\\ \,.. \ S:\. "\ \,.. PROP. fJJ' WATER, SAN. SEWER & DRAINAGE ESMT. ~ Q.~ LA PORTE HIGH SCHOOL EXHIBIT "B" EASEMENTS RETAINED