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HomeMy WebLinkAboutORD 7-RAN ORDINANCE AN ORDINANCE AUTHORIZING THE VACATING AND ABANDON ING OF AN ALLEY. LOCATED IN BLOCK T.WO (2) OF THE JOHNSTONE ADDITION TO THE CITY OF BEAUMONT, RE- SERVING, HOWEVER, . THE RIGHT OF THE- CITY OF BEAUXONT TO CONSTRUCT AND MAINTAIN IN SAID ALLEY SEWER LINES, WATER LINES, AND OTHER UTILITIES AND RESERVING THE RIGHT UF THE CITY OF BEAUMONT TO GRANT A FRANCHISE RIGHT TO OTHERS TO -CONSTRUCT AND MAINTAIN THE UTILI- TIES HEREINBEFORE MENTIONED THROUGH AND ALONG SAID ALLEY, AND PROHIBITING THE OBSTRUCTION OF SAME BY ANY BUILDING OR STRUCTURE. _ WHEREAS, a petition signed by all of the property owners of lots in Block'Two (2) of the Johnstone Addition to the'City of Beaumont, and signed by all of the property owners of lots in Block Two (2) of the Prince Addition to the City of Beaumont, which lots abut on a certain alley in said B1ock.Two (2) of the Johnstone Addition to the City of Beaumont, has been presented to the City Commission of the City of Beaumont, requesting that the alley lying between Lot Four (4) on one side of said alley and Lots Five, Six and Seven (5, 6 and 7) along the other side of said --alley in Block Two(2)-of the Johnstone Addition to the City of Beaumont, and abutting on Lot Four (4) and Lot Three (3.) of Block Two (2) of the Prince Addition to thejCity of Beaumont, said alley being sixteen and four tenths (16.04) feet in width, be vacated and abandoned; and, WHEREAS, said petition has been referred to the City Planning Commission for examination and approval and the same has been approved by the said Commission; and, WHEREAS, said petition has been duly canvassed and examined by the City Coiimiission and has been found to have been signed by all of the property owners in said Block Two (2) of said Johnstone Addition, and by -all-"of the -property--owners said Block Two (2) of said Prince Addition abutting on said alley, and it appearing to the City Commission that the request of said property owners should be granted and that an ordinance should be'enacted;vacating and abandoning said alley, reserving, however, to the City.of Beaumont the right to construct and maintain all necessary public utilities in said alley or to grant a franchise for the construction and maintenance of such utilities in said alley; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT: That the alley lying between Lot Four (4) on one side and Lots Five, Six and Seven (5, 6 and 7) on the other side of Block Two (2) of the'Johnstone Addition to the City of Beaumont and abutting on Lots Three and Four (3 and 4) of Block Two (2) of the Prince Addition to the City of Beaumont, Texas, be and the same is hereby authorized to be vacated and abandonded and that the title to such alley shall revert to and become the pro- perty of the oimers of land in said Block Two ( 2 ) of the Johnstone Addition to the City of Beaumont, bordering on said alley as pro- vided 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 or water lines, telephone, telegraph or electric lines, 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 or legal entity whatsoever to 'erect, construct, build, move on to or place any building or structure therein, and the erection, construction, building, moving on to or placing of any building or structure therein without express permission from the City Coinnission to do so is hereby prohibited. PASSED by the City Conunission' this 11 day of' December, A.D. 1946. J � /� M A Y 0 R ALLEY SKETCH SHOWING TO BE GL OSED IN: BL OGK 2 JOHNSTONE ADDITION.. HIL L AVENUE /23 3 � � 2 a 2 ,, 2 ��.•, � is �+ 1, ,.�..y.}Jt o NAL L STREET /25' /6.4' 54' 54' 54' � V CA N Q% w 0 / 32' 44 j 45 I` J- -moo` l I \ v :s .A o V v, rn 0 w o NAL L STREET /25' /6.4' 54' 54' 54' � V CA N Q% w 0 / 32' 44 j 45 I` J- -moo` l I \ v :s .A t A'S UDN�4N%'J'L A AND i&BAI�iVJUN- N al :Z I I Tixii; V. CAT I N't's' Q A 14 Li"G0AL'LQ-- IN, B 1, OCK T VV 0 ( 2 ) 01 Y T -K73 c I Y c; __1 i�� �' A."J 11: j 0 11 S-2 TT 0 R. r� iiDDITIGIJ I 'G Tr--" P'lGi-i' C-_; TV" GITY 0-7 D H Nl� U1AD4:i1'A'*'_7 1"� TO 6C Z U RV1141 V11-11 AK; US 1j - b I I U 'I i�2 5, 1 . j? T,�i.'-! CITY 7 TO GRAbT NC:,11-1521' RIGHT H-1 Tc) AJ 11 AU VG A. 1D. Tf,"'U." C'51'1 1111 f Q UT (;_41 DY 'ANY B0 L.:ai "?0. Firs Zre41_1_1U(; 1.1 u1i i j- 'A sj pcUtica sl�t db7' 11 oz' Lhra poperty owners (2) of, t h C7 Johr�stans­ "Iddition to the Oity of of -lots i n D106", "ITI-c th aum 'it, tnd s i d - "by all►I -of 6,Fxiers '-*,-)f 1_©s Lr, D . loch 3'wc, (2) of the Frlrice. -,",.ddjtjon to the City of :,�Iaauvqont in whic:c h lots aLbut, on. a erta' L-11cy iii aaid Two (2) cif the 011na" on6 Aladition to the-, -k`J it -,v ofe al I P 10 r"'t '.ham been p:i�* s exit e d ,o the Q'Ity Of tile Cji,-y of P. a PIUM, o n re qu a st i n ti'lat the. alley -1Yirkg betwool'L, ot, 20uv (41 m� one side.- of aftid alley anel, Lott Five,0"lz 6n C, Lev i:'11 (5 azid-4) at!-aer side !of hn me A -3 aa o1 said ally v La 1311ocic INI Jo. sta ddit loi to tL� V Uq a'id ibuttin­an _.-O_t U A"i (2) of t'. -o Pvinc;aAdditi. 4n n to -tl City 'of 1'aa;X3ol14o said alle'y b e Ing A lxtoon jand .a our ten' lis (163.04) feet .11-1 Wid, th., be, va.cated and ab,,kadono.0.1, gando of orred to thmt iUr_ oaid'.petibicn,haa boon: oxmi-iiiiiation -and approval and' the s=. 0 On'lissio7n for has boon mpproved by the said Clw.xiiasicin; w1do 11"RE A I". said. yetit."Lon has boon duly canvassed iaid. exa-mined by the 'C,'Jty &nd been found to -have been sip -nod by all of the proparty mnerm in, said Block'Two (2) oA. seld Johnstorie Addition' ond'by; all of the prbporty_ oWneis in said Diock-Twoint- on 8912 _(0) of said. Prinao Addition abutt id and- it appearin- to -thm r*qU6&t of- said property owners s1hould be Granted. and, thrat an ordinanc; e. ahould be -armctad. vacatim. gnd abaileloning -said alley, rea ry il owever; to tho City of'Bs.wa:,ont the right, to construct and. maintain all necessary public utilities in said alley or to. Lraut a f"rEa-'C'Ll"5 e for the constrLictic'n, and maintenance of sueh utilities 1(a. 6aid alloys III c.'•ru'.:�,Jji, V .3y `ZiL. t:`Jl y / r t (�7 .6 i.:i. V .�� 3 �sia.'� iJS:aiL .+Ail 'k'i3E'Lt tiieal?'ev.y u1 :.b,c� G�ro;e. Lot our () oar one side and Lots a ive l _ Ux* s id evara (�, 6 "a .7) ora tile cther, , slc:e of DIUll:e''.( ) df �1A.�' vo 2i�y.LU31 .`Gc:? t LC�'�:. to !'the" C:f,�ty .of 0^'t,imont and abuttin& cx:. Lots Three - and 'our (� a,ra10 cl �) of�3 cacK TWO'(2 } Of t-'ao 1'-rinea'A.dd4tibn:to­ =tiia''City c.t' Bea4luont, .'i'axss, iso in d ri the . same is hero.byT- aut;aorl"iedto 'ba vacatdd3- arks abaiadc;n ed and that t1:.a title to sacra alleY .,Hall reVert to Sandi bee crae the 'proms party- of thE) ©vxxxars of .lund in said Ulor;k 'Nu (N) a � r"'o Jciluizitone X1(ICLAlt 10n to tlre -city of Beaumont, borderkn on' said ''alley as pro- viciecl by law" proviuta4, ho -.v evori, t.xat t1ae vac atlnul' and, abandonment Of said.- alley siyall in ' llo way affect the -of 11J'2a -City of L� wu oat 140 place aau4 Mail -twin t:iorois!.' sowa",, . Las or vater lzizes, talephona, taleerapa or olect;ric lilaas, vires, poles and., cables, or ak?y otl;cr 'pa'o"tility Ber is e. ieither sh€.11 the va.cati z; dxllu FJ7sJr2 rGll3iiuru.e's�i o S+L id cilo;y' 1'eC t U16 1:16-atC7 i'. tt7C3 City Uf' 130w iaolli; to fro-rit.. tL f'ralrrc�lisu 't 0 ny p3rSolls, 21ru: or corporation autx orizin�, tho placing • and x:airital li a J, a.� . &-Id alloy of Stich ser:ei^, , as or wator 111100, t 016p1; -,one, tel ©r. electric- 1I ea, or otl er. Public Ut lity sorvice, a.11 a:i wr:Uc:2 rit are raereby. 0-xpressl5� x�aservod.. +;lao vxacatina e2ar:: abund&Lo.ent of said alley s,�1 a.cat be co istrued as autajorizin.�-; •car paz'ty', corporation ©r 'Ie8al Eiritity whatsoaver to erect, c-011struet, b.u,,lci,. nova on t;e ©r p2 ice.. any. ia�riluir Ur st:ructu;�d; trier°rein, iaid. the erects on cahs'�ruat ion ' bu11din , 'a:ov�rz riga . t4 or placing of any bu:ildliiG or structure thereih wit.11out express -permission from the City ; nommisalc- o coo so is heroby proiilbit:ed. P. .:LLD by tha Gity , cuaw:issio •th�.s day of December, C3- THE STI --TE OF TEXAS . , COUNTY OF' JEFFEtt6ON : WE, the undersigned, being the sole o= ers of all the property located in Block 2 of the Johnstone Addition to the City of Beaumont, hereby respectfully petition that the alley located in Block 2 Johnstone Addition be closed in the manner as permitted. by the statutes. of the State of Texas, and that such alley become the absolute property of the owners of the -land- in said block adjacent and abutting lon such alley, it being; understood, 1iowever, that the closing of thAs 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 grater line, or telephone, telegraph, or electric lines, wires, poles, or cables, or any other, service or utility of the City. OWNER LOT NO. BLOCK. ADDITION 6 and 7 -m 2 m- Johnstone (Independent E�ecutor o,"Estate of Bessie M. Longo) J _ W /Yc e NOTE: This petition cannot be acted upon favorably if water line is in the alley. EXCERPT FROM THE IVIINUTES OF A SPECIAL, SESSION OF TIE CITY PLANTING AND ZONING COMMISSION, HELD AT THE CITY HALL, BEAUMONT, TEXAS, 3:00 MONDAY, NOVEMBER 253 1946. "Mr. Schaumburg presented for approval a petition from the owners of Lots 45 55 6 and 7. Block 25 of the Johnstone Addition and Lots 1, 25 3 qnd 4, Block 2, of the Prince Addition requesting that the City close the alley which runs between Lots 4, 53 6 and 75 Block 2, of the Johnstone Addition and abuts on Lots 3 and 4, Block 2 of the Prince Addition. Everything being in order it was moved by P. G. Matthews) seconded by Florence McCluskey and unanimously carried that the Planning and Zoning Commission recommend to the City Commission that the alley be closed." I, Florence R. McCluskey, Secretary of the City Planning and Zoning Commission, hereby certify that the foregoing is a true and correct copy from the minutes of the City Planning and Zoning Commission. PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF JEFFERSON Before me, the undersigned authority, personally appeared R. A. Bean who, being by me duly sworn, says that the f o r e g o i n g and attached Legal Notice was published on the following dates: Dec - 23; A. D., 19 46 in the BEAUMONT Journal , a daily newspaper printed and published at Beaumont, Jefferson County, Texas. SUBSCRIBED and sworn to before me, this the_j_,aZ_daY of A. D. 19/. NOTARY PUB in and for Jefferson County Texas Paste Clipping Hen AN ORDINANCE iANQ�gg..DINANND CE AUTHORIZING THE VADA` I AABANDONING OF AN ALLEY LOCATED IN BLOCK TWO (2) OF THE JOHNSTONE AD- DITION TO THE CITY OF BEAU ' MONT,-RESERVING; HOWEVER, THE RIGHT OF THE CITY OF BEAUMONT TO CONSTRUCT AND MAINTAIN IN _ -� SAID--ALLEY-SE WER--BINES: "WATER.--" LINES, AND OTHER UTILITIES AND j RESERVING THE RIGHT OF THE I CITY OF BEAUMONT TO GRANT A FRANCHISE RIGHT TO OTHERS TO '- CONSTRUCT AND MAINTAIN THE UTILITIES HEREINBEFORE -MEN- TIONED THROUGH AND, ALONG SAID ALLEY.' AND PROHIBITING THE OBSTRUCTION OF SAME BY ANY BUILDING OR STRUCTNRE. WHERAS, a petition signed by all of the propert7 owners of lots in Block Two (2) of the Johnstone Addition to the City of Beaumont, and signed -by all of the property owners of lots in Block Two (2) of the Prince Addition to the City of Beaumont, which lots abut on a certain alley in. said Block Two (2) of the John- stone Addition to the City of Beaumont, j has been presented to the City Commis - I cion of the City of Beaumont, requesting { that the alley lying between,Lot Four (4)' on one side of said alley and Lots Five; Six and' }Seven (5,' 6 and 7) along the other side of said alley in Block Two (2) of theJohnstoneAddition to the City of Beaumont, and abutting on Lot Four (4) and Lot Three. (3) of Block Two (2) of the Prince Addition to the City of Beau- mont, said alley being sixteen and four, tenths (16.4) feet in width, be vacated and abandoned; and - WHEREAS, said petition has been re -1 (erred to the City Planning .Commission for' examination- and approval and the same has been approved by the said Commis- sion; and, WHEREAS, said petition has been duly j canvassed and examined by the City Com- mission and has been found to have been signed by all of the property owners in - said Block Two (2) of said Johnstone Addition, and by all of the property owners in said Block Two (2) of said Prince Addition abutting on said alley, and it appearing to the City Cimmission'that' the-'reauest of -said property owners -should be granted andthat an ordinance should) be enacted vacating and abandoning said alley, reserving, however, to the -City of `Beaumont the right to construct anfl maintain all necessary public utilities in said alley or to grant a franchise"for the fr„ f..;nn and maintenance of such ey a