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HomeMy WebLinkAboutO-1973-953 '. .. -. ., . . ORDINANCE NO. 953 AN ORDINANCE VACATING, ABANDONING AND CLOSING THAT PORTION OF SOUTH FIRST STREET LYING WITHIN THE AREA BOUNDED BY THE SOUTH RIGHT-OF-WAY LINE OF WEST "J" STREET, AND THE NORTH RIGHT-OF- WAY LINE OF WEST "K" STREET, AND BETWEEN BLOCKS ELEVEN HUNDRED EIGHT (1108) AND ELEVEN HUNDRED NINE '(1109) , IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; ALSO VAC.A.TING, ABANDONING AND CLOSING THE ALLEY LYING WITHIN BLOCK ELEVEN HUNDRED EIGHT (1108), TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; AUTHORIZING THE RELEASE TO BAYSHORE SAVINGS ASSOCIATION OF A PUBLIC UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: WHEREAS, the City Commission of the City of La Porte has been requested by the record owners of all of the property abutting South First Street between the South right-of-way line of West "J" Street, and the North right-of-way line of West "K" Street, to vacate, abandon, and permanently close that portion of South First Street; and WHEREAS, the said portion of South First Street between West "J" Street and West "K" Street has never been opened or used as a public road or street; and WHEREAS, said portion of South First Street is one block West of and parallel to South Broadway Street, which is a main traffic artery and thoroughfare in the City of La Porte, and the said South Broadway Street will in the future continue to furnish all needed access and thoroughfare for traffic of any nature in said area; and WHEREAS, the City Commission of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portion of South First Street is not suitable, needed, or beneficial to the public as a public road or street, and that the closing of the hereinafter described portion of South First Street is for the protection of the public and for the public benefit, and that such portion of South First Street should be vacated, abandoned, and permanently closed; and WHEREAS, the said alley in said Block 1108, Town of La Porte, Harris County, Texas, has never been opened or used as a public thoroughfare, and each of the public utilities now holding a franchise from the City of La Porte, together with the Water e Ordinance No. 953, Page 2. e . and Sewer Department of the City of La Porte, have each and all given their written consents for the closing of said portion of South First Street, and said alley in Block 1108, Town of La Porte; and . WHEREAS, the City Commission of the City of La Porte has determined and does hereby find, determine and declare that said alley is not suitable, needed, or beneficial to the public as a public alley, and should be vacated, abandoned and permanently closed: 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, all of that portion of South First Street, lying and being situated between the South right-of-way line of West "J" Street, and the North right-of-way line of West "K" . Street, and between Block 1108 and Block 1109, in'the Town of La Porte, Harris County, Texas, and the alley lying and being situated within Block 1108, Town of La Porte, Harris County, Texas, according to the map or plat thereof recorded in the office of the County Clerk of Harris County, Texas, are hereby permanently vacated, abandoned and closed by the City of La Porte. Section 2. The City Commission of the City of La Porte hereby finds, determines and declares that heretofore, on the 19th day of April, 1963, Bayshore Savings & Loan Association granted a sixteen foot (16') wide public utility easement to the City of La Porte, by instrument bearing said date, which is recorded in Volume 5095, Page 480, Harris County Deed Records, reference to which is here made for all purposes. The City Commission of the City of La Porte does hereby further find, determine and declare that said public utility easement is not suitable, needed, or beneficial to the public, and should be vacated, abandoned, and released to the record owner thereof, Bayshore Savings Association, successor to Bayshore Savings & Loan Association, La Porte, Texas. The Mayor of the . . Ordinance No. 953 . , Page 3. City of La Porte is hereby authorized to sign, and the City Clerk . of the City of La Porte is hereby authorized to attest the sign- ing of, a Release of said public utility easement to the said Bayshore Savings Association. Section 3. This Ordinance shall not be effective until such time as the City of La Porte issues a building permit for construction on said Blocks 1108 and 1109, Town of La Porte, Harris County, Texas. If such building permit has not been issued within six months from the date of the passage of'this ordinance, this ordinance shall be void and of no further effect. PASSED AND APPROVED, this the 2nd day of April, 1973. . CITY OF LA PORTE ~..... . " . : ,,7-=-'" By 4 tt~~ E. A. Thomas, Mayor ~_.. ,,-' AP~~~ City Attorney . .