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HomeMy WebLinkAboutORD 42-VAN ORDINANCE ENTITLED AN ORDINANCE AUTHORIZING THE VACATING AND'ABANDONING_OF AN ALLEY IN BLOCK.SEVENTY-NINE (79) OF THE.PINECREST ADDITION.TO THE CITY OF. BEAUMONT, RESERVING,.HOWEVER, THE RIGHT OF THE CITY OF.BEAUMONT.TO CONSTRUCT AND MAINTAIN IN SAID ALLEY SEWER LINES, WATER LINES, ANDIOTHER UTILITIES AND RESERVING THE RIGHT OF THE 'CITY OF BEAUMONT TO GRANT A FRANCHISE RIGHT TO. OTHERS TO CONSTRUCT. AND MAINTAIN THE UTILITIES. HEREINBE- FORE MENTIONED THROUGH AND ALONG SAID ALLEY, AND PROHIBITING THE.OBSTRUCTION OF SAME BY ANY BUILD- ING OR STRUCTURE. - WHEREAS, a petition signed by all of the property ovmers of the lots in Block Seventy -Nine -(79) of the Pinecrest Addition to The City of Beaumont has .been presented to the City Council of The City of Beaumont, requesting.that,the alley run- ning un- ning through Block Seventy -Nine (79) of said Addition be vacated and abandoned; and, WHEREAS, said petition has been ref erred,to the City Plan- ning Commission for examination and approval, and the same has been approved by said ."Commission; and, WHEREAS, said petition has been duly canvassed and exam- ined by the City Council and has been found to have been signed by all of the property owners in said block, and it appearing to the City Council that the request of said property owners should be granted and that an ordinance should be enacted vacat- ing and "abandoning said alley, reserving, however, to The City of Beaumont the right to construct and maintain all necessary pub- lic utilities in said alley, or to grant a franchise for the.con- struction and maintenance of such -utilities -in said alley; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT. That the alley running through Block Seventy -Nine (79) of the Pinecrest Addition to The City of Beaumont, Texas, be and the same is hereby authorized to be vacated and abandoned, and that the title to such alley shall revert to and become the property of the owners of land in said block bordering on said alley as provided by law; provided, however, that the vacating and abandonment of said alley shall in no way affect the right of The City of Beaumont to place and maintain therein sewer,' gas, and water lines, telephone, telegraph, and,electric wires, poles, and cables, or any other public utility service. Neither shall the vacating and abandonment of said alley affect the right of The City of Beaumont to grant a franchise to any -person, firm, or corporation authorizing the placing and maintaining in said alley of such sewer, gas, or'water lines, telephone, telegraph, or electric lines, or other public utility service, all of which' rights are hereby expressly reserved. And the vacating and abandonment of said alley shall not be construed as authorizing or permitting any person, party, corporation orlegal entity whatsoever to erect, construct, build, move onto or place any building or structure'thereon,.and the erection,, construction, building, moving onto or placing of any building or structure therein without express permission from The City Council to do so is hereby prohibited. 1950. PASSED -by the City Council this 20th day'of June, A. D. - Mayor REGULAR SESSION OF THE CITY PLANNING COMMISSION HELD JUNE 12, 1950 V BE IT RFMIEMBERED that the City Planning Commission of the City of Beaumont, Texas met in regular session on June 12,.1950 with the following present: C. B. Holland, Chairman Others presdnt: L, R. Stone R. C. Black, City Engineer Russell Phelps K. C. Withers Miss Florence McCluskey, Secretary P. G. Matthews Absent: C. E. Holland, Vice -Chairman Mr. Withers moved that the minutes of the meeting of May 8, ]950 be approved. Motion seconded by Mr. Matthews and passed by the commission.. —000— Preliminary approval was given Clara Baldwin Addition on motion by Mr. Matthews* Motion seconded by Mr. Withers and unanimously approved. —000. A motion was made by P. 0. Matthews, seconded by Miss'McCluSkey acid tinahimously approved, that'the replat of Lots Nos, 2, 39 45, 5, 6, 89 and part of Lot No; 7, Block 1 of the Carolyn Addition to the City of Nederland be given final approval. .O. Mr, 71ithers moved that.thereplat dated June 12, 1950 of the North z of Block No• 1 and .all of Block No* 3 of Bergmann Addition to the City of Beaumont be given final approval. Motion seconded by Russell Phelps and passed by the commissiono .2. A motion was made by Mr. Matthews that Beard Addition to the City of Nederland be given final approval. This motion was seconded by Mr. Phelps and passed by the commission. Mr. Phelps moved that it bd recommended to the City Council that the alley through Block 79, Pinecrest Addition be closed. This motion was seconded by Mr. Withers and approved by the commission.- -000. There being no further business the meeting adjourned, WIL,501J/: OF'Cl r) -,e 4-'4/vo THE STATE OF TXAS : COUNTY OF JEFFERSON : We, the undersigned, being the sole owners of all the property located in Block 79 , of the Pineerest Addition to the City of Beaumont, hereby respectfully petition that the alley located in Block 79, Pineerest Addition be closed in the manner as ?permitted by_the statutes of the State of Tc;:as, and that such alley become the absolute property of the owners of the land in said block adjacent and abutting on such alley; it being understood, however, that the closing of this alley shall in no way affect the rights of the City,as to placing and 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, or the right of the City to grant franchises to persons or corporations to place and maintain therein any such sewer or water line, or telephone; tele;raph; or electric lines, wires, poles, or cables, or any oth©i4 service or utility of the City. OWNER Z LOT 1 2 S 4 5 6 7 S 9 L to er G 12 BLOCK ADDITION 79 Bin ee r est 79 " 79 " 79 " 79 " 79 79 " 79 " 79 " 79 " 79 79. " NOTE: This petition cannot be acteCt upon favorably if water line is in the alley.