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HomeMy WebLinkAboutORD 27-Oa I 4 6L, a. 7 -a AN ORDINANCE AUTHORIZING THE VACATING AND CLOSING OF AN ALLEGED STREET RUNNING EAST AND VIEST, NORTH OF THE B.S.L`91M. Rt. CO. RIGHT-MFy ,AND BETWEEN A PART OF Ja 32 OF THE TARRETT ADDITION AND THE ST. -ANNE'S CATHOLIC CHURCH AND PAROCHIAL SCHOOL PROPERTY IN THE CITY OF BEAUMONT, TEXAS, RESERVING, HOWEVER, THE RIGHT OF THE CITY OF BEAUMONT, TO MAINTAIN THEREIN ANY SEVER OR WATER LINES OR TELE- PHONE, TELEGRAPH OR ELECTRIC LINES, WIRES, POLES OR CABLES, AND OTHER UTILITIES WHICH . ARE ALREADY LOCATED IN, ON OR UNDER SAID STREET. WHEREAS, some question has arisen as to whether or not a strip of land that would be made if both the north and south lines of Broadway Avenue, as it exists on the east side of 11th Street, were extended across.11th Street until they intersect the right-of-way of the Beaumont, Sour Lake & Western Railway, was ever dedicated ld�o the public as a public street or for other public use; and, WHEREAS, there has never been any use of said strip of land, by the public, for right-of-way purposes or other pub - lie purposes; and, WHEREAS, there is no recorded dedication of said strip or tract of land for the use of the public and none of.the city maps of -any of the departments of the City of Beaumont show such tract or strip of land as being a street or public right-of-way, but the tract of land immediately adjoining said strip to the south having previously been conveyed by instrument which referred to said strip of land as being a street, and the owner of the said tract of land to the south and the owner of the tract of land immediately adjacent to said strip on the n6rth side being desirous of removing any con- troversy relative to the existence or non-existence of a street or' WHEREAS, a petition signed by all the property ovaners of the lots on both sides of said described tract of land in the City of Beaumont, has been presented to the City Commission of the City of Beaumont, requesting that said street, if any, be vacated and closed; and, WHEREAS, said petition has been referred to the City Engineer for examination and approval and the same has been approved by him; and WHEREAS Said petition has been duly canvassed and ex- amined by the City Commission and has been found to have been signed by all the property owners adjoining said alleged street, and it appears to the City Commission that the request of said property owners should be granted and that an ordinance should be.enacted vacating and closing said street, reserving, however, to the City of Beaumont the right to maintain all necessary public utilities nova in or under and along said street, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COY]MISSION OF THE CITY OF BEAUMONT : That the street, if any, running east and west, which would be made if both the north and south lines of Broadway Avenue, as it exists on the east side of 11th Street, were extended across 11th Street until they intersect the right-of-way of the Beaumont, Sour Lake & Western Railway, in the City of Beaumont, be, and the same is hereby authorized to be vacated and closed, and that the title to such street shall revert to and become the property of the owners of the land bordering on said street, as provided by law,'pro- vided, however, that the closing of said street shall in no way affect the right of the City of Beaumont to maintain therein sewer, gas or water THE STATE OF TEXAS, COUNTY OF JEFFERSON. We, the undersigned, being the sole owners of all the prop - arty located in that part of Block No. 32 of the J'arrette Addition which lies North of the Beaumont, Sour Lake & Western Railway Right -of -way -and being the triangular-shaped tract in the Northeast corner of said Block -No. 32; and that certain Block or tract or land lying and located between Calder Avenue on the North and said Beaumont, Sour Lake and Western Railway Right-of-way on the South, on which is now located St. Anne's Catholic Church and Parochial School, in the City of Beaumont, Jefferson County, Texas, hereby respectfully petition that the street, if any, located between said described tracts and being a street that would be made if both the North and South lines of Broadway Avenue as it exists on the east side of Eleventh Street were extended across Eleventh Street until they intersect the right=of-way of the Beaumont, Sour Lake & Western Railway, be closed, in the--mahner as permitted by the Statutes of the State of Texas, and that such street become the absolute property of the owners of the land adjacent to and abutting on such street, if any; it being understood, however, that the closing of this street shall in no way affect the rights of the City of- Beaumont as to maintaining therein of any sewer or water lines, or telephone, telegraph or electric lines, wires, poles or cables, or any other service or utility of the City which is already located in, on or under the street herein petitioned to be closed. L .���.