HomeMy Public PortalAboutOrdinance No. 568-87 05-04-1987 ORDINANCE N0.568
AN ORDINANCE OF THE CITY OF RICHLAND HILLS,
TEXAS, VACATING THE PLAT OF LONG ADDITION, AN
ADDITION TO THE CITY OF RICHLAND HILLS, TEXAS, AS
SHOWN OF RECORD IN VOLUME 388-68, PAGE 29, PLAT
RECORDS OF TARRANT COUNTY, TEXAS, RESERVING A 50
FOOT WIDE RIGHT OF WAY ALONG THE STREET KNOWN AS
ROSEBUD DRIVE IN SAID PLAT AND EXTENDING OVER AND
ACROSS LOTS K AND L OF BLOCK 53 AND LOT K OF
BLOCK 44 OF SAID ADDITION; RESERVING RIGHTS OF
INGRESS AND EGRESS OVER SAID PROPERTY FOR THE
PURPOSES OF MAINTAINING ANY UTILITIES AND
DRAINAGE STRUCTURES, EASEMENTS, AND THE GRADE AND
ELEVATION THEREOF; ORDAINING OTHER MATTERS
RELATING TO THE SUBJECT; AND SETTING AN EFFECTIVE
DATE.
WHEREAS, all of the lots in Long Addition, an addition
to the City of Richland Hills, Tarrant County, Texas, according
.to the map thereof recorded in Volume 388-68, Page 29, Plat
Records of Tarrant County, Texas, are owned by one individual,
and such individual has made application to the Planning and
Zoning Commission and City Council of the City of Richland Hills,
Texas for vacating said plat; and
WHEREAS, Article 974a, V .A .T .C . S . authorizes the
vacation of plats in the form and manner therein provided and
applicable herein; and
WHEREAS, a portion of the land area included in the plat
of Long Addition is in the flood plain and is burdened with
natural flows of water from time to time; and
WHEREAS, the City of Richland Hills, Texas desires to
preserve certain easements and rights in and to said land area
for the protection of its citizens; and
WHEREAS, the Planning and Zoning Commission of the City
of Richland Hills, Texas has recommended vacating the plat
hereinabove described subject to the reservations hereinafter
described;
NOW, THEREFORE, PREMISES CONSIDERED, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXASS
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I.
That, SUBJECT to the reservation and retention of fifty
(50) feet in width of right of way along the right of way of
Rosebud Drive and over and across Lots K and L, Block 53, and Lot
K of Block 44, of Long Addition, an addition to the City of
Richland Hills, Tarrant County, Texas, according to the map
thereof recorded in Volume 388-68, Page 29, Plat Records of
Tarrant County, Texas, and SUBJECT to the right at any and all
times of the City of Richland Hills, Texas, to maintain any
utilities, and drainage structures in said right of way, and the
grade and elevation of said right of way, the City Council of the
City of Richland Hills, Texas hereby vacates the plat of Long
Addition as shown by the map thereof recorded in Volume 388-68,
Page 29 of the Plat Records of Tarrant County, Texas.
II.
The City of Richland Hills, Texas shall fill the pond
1 presently situated in said addition, a part of which lies within
Rosebud Drive.
III.
The cul de sac at the south end of Rosebud Drive as
shown on said plat is vacated and the right of way fifty (50)
feet in width herein reserved shall continue through said cul de
sac and through and over Lots K and L, Block 53, and Lot K, Block
44, of said existing Long Addition to the west property line of
the said existing Long Addition and the proposed west line of the
proposed Bertelsen Addition. Rosebud Court is released and
traded in exchange for the fifty (50) feet of right of way
through Lots K and L of Block 53 and Lot K of Block 44 of said
existing Long Addition.
IV.
No buildings or water impeding structures shall be
constructed or built on the right of way reserved herein by and
to the City of Richland Hills, Texas. The owner of the lots in
the existing Long Addition and the lot in the proposed Bertelsen
Addition shall have the right to build a fence and gate across
the right of way but said fence and gate shall not be so
constructed as to impede the natural flow of water. The City of
Richland Hills Code Enforcement Officer shall be and is hereby
designated to make the final decision as to the design of any
such fence or gate.
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V.
The reservation and retention by the City of Richland
Hills, Texas of certain rights in and to the area now platted as
Long Addition, the vacation of the plat of Long Addition as shown
by the map thereof recorded in Volume 388-68, Page 29, Plat
Records of Tarrant County, Texas, the proposed approval of the
proposed Bertelsen Addition, the waiver by Keith Bertelsen and by
the City of Richland Hills, Texas of all claims each has against
each other including claims for attorneys fees, costs, loss of
use and damages, are the result of a compromise and settlement of
pending litigation.
VI.
This Ordinance shall take effect from and after its
passage, and IT IS SO ORDAINED.
PRESENTED AND PASSED by the City Council of the City of
Richland Hills, Texas, by a vote of 3 "AYES"
and 2 "NAYS" and ~ "ABSTENTIONS, this
the 4th day of MAy , 1987.
PAUL C. DANIELS, Mayor
ATTEST:
Pauline Kempe, City Secretary
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