HomeMy WebLinkAboutR-1974-1
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RESOLUTION NO. 74-1
WHEREAS, by Ord. No. 957 adopted May 23, 1973, the City
Commission employed the firm of Sears & Burns to perform certain
4IIl legal services which included the representation of the City of
La Porte in any and all suits in District Court to establish the
lawful existence of any street or alley being unlawfully invaded
and encroached upon by Southern Pacific Transportation Company and
to abate or prevent any such unlawful invasion or encroachment; and
WHEREAS, in Cause No. 952376 in the District Court of Harris
County, Texas, l64th Judicial District, styled City of La Porte
vs. Southern Pacific Transportation Company, et aI, such law firm,
joined by the City Attorney, has filed a suit to restrain such
railroad company from violating the City's zoning ordinance and
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to restrain the encroachment by the railroad company upon North
"L" Street (and in the alternative to condemn right-of-way for
North "L" Street); and
WHEREAS, in such suit such firm, joined by the City Attorney,
has filed an amended petition to restrain the railroad company
(in addition to other injunctive relief requested) from unlaw.-
fully encroaching upon Lomax School Road (North "p" Street); and
WHEREAS, such action in suing for injunction to abate and
prevent encroachment upon Lomax School Road (North lip" Street) was
and is authorized by Ord. No. 957,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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THE CITY OF LA PORTE:
Section 1. That the action of the aforesaid attorneys in
suing on behalf of the City of La Porte to abate the encroachment
upon North "p" Street by the railroad company be and the same is
hereby in all things ratified and confirmed, together with all
other actions taken by said attorneys in connection with suing
the railroad company to enforce the zoning ordinance and to seek
relief with respect to North "L" Street.
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A~ST: _
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Cit lerk
APPROVED: ..... j
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City Attorney
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COMMENCING at the Northeast corner of that
certain 23.3557 acre tract of land conveyed
by Elizabeth Welling Cockburn Deaver, et aI,
to the Southern Pacific Company by deed recorded
in Volume 7990 at Page 515 of the Deed Records
of Harris County, Texas said COMMENCING point
being located in the West line of Block 32
of the Nebraska Syndicate Land Subdivision,
plat of which is recorded in Volume 83, at
Page 345 of the Deed Records of Harris County,
Texas; said. point also being located South,
a distance of 545.10 feet from the Northwest
corner of the Johnson Hunter League in Harris
County, Texas;
THENCE, South along the East line of the
above mentioned 23.3557 acre tract, a distance
of 513.73 feet to the POINT OF BEGINNING,
THENCE, West with the North line of North
"L" Street, over and across the said 23.3557
acre tract, a distance of 327.13 feet to
the West line of said tract; said West line
also being the Southern Pacific Transportation
Company's East right-of-way line, and said
point being the Northwest corner of that
portion of North "L" Street herein described;
THENCE, South with the West line of the said
23.3557 acre tract, and the East right-of-
way line of the Southern Pacific Transportation
Company's right-of-way, a distance of 80
feet to a point for corner, the same being
the Northwest corner of a 0.587 acre (called)
tract conveyed by J. H. Cockburn to Tennessee
Gas Transmission Company by deed recorded in
Volume 3019 at Page 649, Deed Records of
Harris Coun"ty, Texas, said point being the
Southwest corner of that portion of North
"L" Street herein described;
THENCE, East, over and across said 23.3557
acre tract, and with the North line of said
0.587 acre (called) tract a distance of 327.13
feet to the East line of said 23.3557 acre
tract, a point for corner, the same being the
Northeast corner of said 0.587 acre (called)
tract and the Northwest corner of Block No.
17 of said Nebraska Syndicate Land Subdivision,
said point being the Southeast corner of
that portion of North "L" Street herein
described;
THENCE, North with the East line of the said
23.3557 acre tract, a distance of 80 feet
to the POINT OF BEGINNING.