HomeMy WebLinkAboutO-1983-1389
e
.
.
ORDINANCE NO. ~
AN ORDINANCE VACATING, ABANDONING AND CLOSING ALL OF THE RIGHT-
OF-WAY OF SOUTH 9TH STREET, FROM THE SOUTH RIGHT-OF-WAY LINE
OF WEST "J" STREET, NOW KNOWN AS FAIRMONT PARKWAY, TO THE NORTH
RIGHT-OF-WAY LINE OF WEST "K" STREET; RETAINING PUBLIC UTILITY
EASEMENTS; 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 portion of South 9th Street,
from the South right-of-way line of West "J" Street, now
known as Fairmont Parkway, to the North right-of-way line of
.
West II K" Street, to vacate, abandon, and permanently close
said portion of South 9th Street; and
WHEREAS, the City Council of the Ci ty of La Porte has
determined, and does hereby find, determine and declare that
the hereinafter described portion of South 9th 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 9th Street is for the protection of the public
and for the public interest and benefit, and that the hereinafter
described portion of said 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 Statues of the State
of Texas, 1925, the hereinafter described portion of South 9th
.
Street is hereby perma~ently vacated, abandoned, and closed by
the City of La Porte, to-wit:
That portion of South 9th Street
described as all of the right-of-
way of South 9th Street, from the
South right-of-way line of West
"J" Street, now known as Fairmont
Parkway, to the North right-of-way
.
.
.~
Ord i nance No. / 3 SJ<f , Page 2.
line of West "K" Street1 SAVING
AND EXCEPTING a 15 foot public
utility easement.
e
Provided, however, the City of La
Porte SAVES AND EXCEPTS a 15 foot
public utility easement under said
portion of South 9th Street, for
City of La Porte water, sanitary
sewer, and storm sewer', as such
15 foot public utility easement
is described by metes and bounds
on "Exhibit A" attached hereto,
incorporated by reference herein,
and made a part hereof for all
purposes.
The City of La Porte, for itself,
its successors and assigns, shall
have the perpetual right, privilege,
and easement, with appropriate
rights of ingress and egress and
reasonable working area for construc-
tion and maintenance, to enter upon
and construct, reconstruct, maintain,
operate, inspect, replace, repair,
and remove public utility facilities,
together with all necessary improve-
ments under and across the 15 foot
public utility easement out of South
9th Street, as described on "Exhibit
A" attached hereto, incorporated
by reference herein, and made a part
hereof for all purposes.
e
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
construction joints in any paving.
The City of La Porte shall not be
obligated to restore or repair any
such paving necessitated by the
exercise of public utility rights
and privileges. No permanent improve-
ments other than paving and landscaping
shall be erected on said 15 foot utility
easement.
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
e
at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law,
.
e
e
e
.
.
Ordinance 1389, Page 3
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
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 Ord inance shall take effect and be in
force from and after its passage and approval.
PASSED AND APPROVED this the 16th day of November, 1983.
..,:..~
...:::; ~
CITY OF LA PORTE
,
.'
By
ATTEST:
~~
C1 Y Secretary
A(;Z t:d d
City Attorney
.
.
.
METES AND BOUNDS DESCRIPTION
15.00 FEET UTILITY EASEMENT
SOUTH 9TH STREET
TOWN OF LA PORTE S /D
JOHNSON HUNTER SURVEY A-35
HARRIS COUNTY, TEXAS
e
Being a 15.00 feet wide utility easement lying in the Ninth Street right-of
way, South of Fairmont Parkway betweeru Block 1100 and Block 1101, Town of
La Porte, Johnson Hunter Survey, A-35, Harris County, Texas.
Commencing at a ~ inch iron rod found for the Northeast corner of Block
1100, Town of La Porte, as per the plat recorded in Volume 60, Page 112
thru 114 of the Harris County Deed Records.
Thence, East; coincident with the South right-of-way line of Fairmont
Parkway ("J" Street) based on a 100.00 feet wide right-of-way; a distance
of 2.50 feet to the Northwest corner of this utility easement and the POINT
OF BEGINNING.
Thence, East a distance of 15.00 feet to a point for the Northeast
corner.
Thence, South a distance of 395.82 feet to a point for corner.
Thence, S 29,0 49' 33" E a distance of 43.83 feet to a point for corner.
Thence, S 600 10' 27" W a distance of 15.00 feet to a point for corner.
Thence, N 290 49' 33" W a distance of 47.83 feet to a point for corner.
Thence, North a distance of 399.82 feet to the POINT OF BEGINNING.
~ .ff' Ad
James F. Beck
e
Texas Registered Public Surveyor No. 2021
Job No. 1655-83
August 22, 1983
"EXHIBIT A"
e