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HomeMy WebLinkAboutR-1974-1 e . 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 . 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 '. 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. . A~ST: _ y~/~/ ~~~ / Cit lerk APPROVED: ..... j ~z::d~ City Attorney :. ." -. '.- . -. e 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.