HomeMy WebLinkAboutO-1977-1072
I I
ORDINANCE NO. 1072
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AN ORDINANCE VACATING, ABANDONING AND CLOSING THE HEREINAFTER
DESCRIBED PORTION OF SOUTH FIFTH STREET, IN THE TOWN OF
LA PORTE, HARRIS COUNTY, TEXAS, AND SAVING AND EXCEPTING A
TWENTY-FIVE FOOT EASEMENT AS HEREINAFTER DESCRIBED, IN
CONNECTION WITH AN EXISTING SANITARY SEWER LINE AND AN
EXISTING UNDERGROUND FACILITY OF SOUTHWESTERN BELL TELEPHONE
COMPANY; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Commission of the City of La Porte is
the record owner of all the property abutting the hereinafter
described portion of South Fifth Street, Town of La Porte,
Harris County, Texas, and wishes to vacate, abandon, and
permanently close the hereinafter described portion of said
street; 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 said street is not suit-
able, needed and beneficial to the public as a public road,
street, and alley, and that the closing of the hereinafter
described portion of said street is for the protection of
the public and for the public benefit, and that such portion
of said street should be vacated, abandoned and permanently
closed:
.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
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 13,
Title 28, Article 1175, of the Revised Civil Statutes of the
State of Texas, 1925, and subject to the retention by the City
of La Porte of the hereinafter described sanitary sewer ease-
ment, and the hereinafter described easement in favor of
Southwestern Bell Telephone Company for underground facilities,
the hereinafter described portion of South Fifth Street, Town
of La Porte, Harris County, Texas, is hereby permanently
vacated, abandoned and closed by the City of La Porte.
.
Section 2. The closing of the hereinafter described
portion of South Fifth Street shall be and is hereby made
I
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Ordinance No.
1072
, Page 2.
.
subject to the retention by the City of La Porte of an
easement twenty-five feet (25') wide, and being legally des-
cribed as the East twenty-five feet (E.25') of the existing
right-of-way of that portion of South Fifth Street herein
permanently vacated, abandoned and closed by the City of
La Porte, said easement being for the following purposes,
to-wit:
(A) For the benefit of the City of La Porte, for the
construction, reconstruction, and perpetual maintenance of
a sanitary sewer line, together with all necessary laterals
in, upon, and across the hereinafter described property,
.
together with the right and privilege of the City of La Porte,
its successors and assigns, at any and all times, to enter
said premises, or any part thereof, for the purpose of con-
structing, reconstructing and maintaining said sanitary sewer
line, and for making connections therewith; and
(B) For Southwestern Bell Telephone Company, for the
construction, reconstruction, and perpetual maintenance of
its underground facilities, together with all necessary
laterals in, upon, and across the hereinafter described property,
together with the right and privilege of Southwestern Bell
.
Telephone Company, its successors and assigns, at any and all
times, to enter said premises, or any part thereof, for the
purpose of constructing, reconstructing and maintaining said
underground facilities, and for making connections therewith.
The easement herein retained by the City of La Porte
shall be for the benefit of the City of La Porte and for the
benefit of Southwestern Bell Telephone Company, as aforesaid,
and for no other utilities, and for underground facilities
only, and said easement hereby retained is legally described
as follows, to-wit:
.
BE:ING the East twenty-five feet (E.25') of
that portion of South Fifth Street right-of-
way hereinafter permanently vacated, abandoned
and closed by the City of La Porte.
.
.
.
.
,
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Ordinance No. 1072 , Page 3.
Section 3. Subject to the retention by the City of
La Porte of the hereinaBove described easements, the herein-
after described portion of South Fifth Street is hereby
permanently vacated, abandoned and closed by the City of
La Porte, to-wit:
BEING that portion of the right-of-way of
South Fifth Street, lying and being situated
between Block One Hundred Seventy-five (175)
and One Hundred Seventy-six (176), in the
TOWN OF LA PORTE, in Harris County, Texas,
according to the map thereof recorded in
Volume 58, Page 460, of the Deed Records of
Harris County, Texas; and lying and being
situated between the North right-of-way line
of South Avenue "JII, and the South right-of-
way line of South Avenue "I", all as shown by
the said plat of the Town of La Porte, Harris
County, Texas.
Section 4. This Ordinance shall take effect and be in
force from and after its passage and approval.
PASSED and APPROVED, this the 18th day of April, 1977.
CITY OF LA PORTE
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AP~ d ML
City Attorney
APPROVED:
City Engineer