Loading...
HomeMy WebLinkAboutO-1984-1402 . . e ORD INANCE NO. I L/IJ L AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF WEST IIKII S'rREET AND SOUTH 9TH STREET, CONTAINING A TRACT OF LAND 30 FEET BY 39.5 FEET, CONTAINING 0.0272 ACRES; RETAINING PUBLIC UTILITY EASEMENTS; 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 owners of all of the property abutting the hereinafter described portions of West IIKII Street, and South 9th Street, containing a tract of land 30 feet by e 39.5 feet, containing 0.0272 acres, in the City of La Porte, to vacate, abandon, and permanently close those portions of West IIKII Street and South 9th Street; and WHEREAS, the City Council of the City of La Porte has determined, and does hereby find, determine and declare that the hereinafter described portions of West IIKII Street and South 9th Street are not suitable, needed, or beneficial to the public as a public road or street, and that the closing of the hereinafter described portions of West ilK II Street and South 9th Street are for the protection of the public and for . the public interest and benefit, and that the hereinafter described portions of said West IIKII Street and South 9th Street should be vacated, abandoned, and permanently closed; NOW, THEREFORE, 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 under its Home Rule Charter and Chap. 13, Title 28, Art. 1175, of the Revised Civil Statutes of the State of Texas, 1925, the hereinafter described portions of West IIKII Street and South 9th Street are hereby permanently vacated, e abandoned, and closed by the City of La Porte, to-wit: . . e Ordinance No. l1ftJ:L, Page 2. Being a 0.0272 acre tract of land, which is part of the West "K" Street Right-of- way and part of South 9th Street Right- of-way according to the plat of the Town of La Porte as recorded in Volume 60, Page 112 through 114 of the Harris County Deed Records. The 0.0272 acre tract of land is more particularly described by metes and bounds as follows: e Beginning at a 5/8 inch iron rod found for the Southeast corner Block 1100, Town of La Porte; said point being coincident with the point of intersection of the North right-of-way line of West ilK" Street and the West right-of-way line of South 9th Street; said point being the Northwest corner of this 0.0272 acre tract. Thence, East; coincident with the South boundary line of that certain portion of South 9th Street right-of-way previously vacated, abandoned and closed by City of La Porte Ordinance No. 10389, dated November 16, 1983; a distance of 30.00 feet to a point for the Northeast corner of this 0.0272 acre tract. Thence, South a distance of 39.50 feet to a point for the Southeast corner of this tract. . Thence, West a distance of 30.00 feet to a point for the Southwest corner of this tract. Thence, North; coincident with the East boundary line of that certain portion of West "K" Street as vacated, abandoned and closed by City of La Porte Ordinance No. 1390, dated November 16, 19B3; a distance of 39.50 feet to the POINT OF BEGINNING. e Provided, however, the City of La Porte SAVES AND EXCEPTS a public utility easement under said 30 feet by 39.50 feet portion of South 9th Street and West "K" Street, for the City of La Porte water, sanitary sewer, and storm sewer, and also for the use and benefit of all other public utilities holding franchise agreements with the City of La Porte. . . e Ordinance No. I'-li) ~, Page 3. It is the intention of the City of La Porte that the above described 30 feet by 39.50 feet portion of South 9th Street and West "K" Street shall be permanently closed to through pedestrian and vehicular traffic of all kinds, and for any other surface and aerial uses, except the herein retained sub- surface public utility easements, and any necessary right to use the surface, in connection with the exercise of such public utility easements. e The City of La Porte, for itself, its successors and assigns, and the public utilities holding franchises from it, shall have the perpetual 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, repair and remove public utility facilities, together with all necessary improvements under and across said 30 feet by 39.50 feet of South 9th Street and West "K" Street, as described herein. . 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 construc- tion joints in any paving. The City of La Porte and its franchised public utilities shall not be obligated to restore or repair any such paving necessitated by the exercise of such public utility rights and privileges. No permanent improvements other than paving and landscaping shall be erected on said property. Section 2. The City Council officially finds, deter- mines, reci,tes 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, Article 6252-17, Texas Revised Civil Statutes Annotated; and _ that this meeting has been open to the public as required by law at all times during which this ordinance and the subject . e . - . . Ordinance No. IJfO,j.. , Page 4. matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 21st day of March, 1984. 0:.;.' -~".. CITY OF LA PORTE I '/ , . By ~. . ATTEST: ~~ City Secretary APPROVED: