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HomeMy Public PortalAboutResolution No. 196-03 04-08-2003 • RESOLUTION NO. 196-03 A RESOLUTION VACATING AND ABANDONING ANY INTEREST OWNED BY THE CITY IN AN ALLEYWAY ACQUIRED BY THE CITY THROUGH IMPLIED DEDICATION; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Richland Hills believes that it has acquired through implied dedication a 20 foot alleyway, which is described on Exhibit "A" attached hereto and incorporated herein for all purposes; and WHEREAS, the property on which the alleyway is situated has been designated by the City • as Reinvestment Zone Number One, and title to said alleyway is needed by Barclay Texas Holdings, III, L.P. for the development of the surrounding property into an in-line retail shopping mall, which project has been determined by the City Council of the City and the Board of Directors of the Richland Hills Development Corporation to be an economic development project needed to bring additional tax revenue and employment into the City; and WHEREAS, the City Council of the City of Richland Hills, after careful study and consideration, has determined that the subject alleyway is not useful or convenient to the City or its citizens, or the public in general; and therefore constitutes a public charge without a corresponding public benefit, and the public would be better served and benefitted by its vacation and abandonment; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said alleyway the City desires to release any title, ownership and control of said • alleyway currently owned by the City to Barclay Texas Holdings, III, L.P., who is or will be at the time of conveyance the owner of the abutting property on both sides; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. ABANDONMENT AND VACATION OF ALLEYWAY Any interest owned by the City in the alleyway described in Exhibit "A" and attached to this Resolution should be vacated and abandoned as public property. The easement is not being used by, nor useful or convenient to the City, its citizens, or the public in general, and is needed for development of the surrounding property as a needed economic development project which is expected to bring substantial benefit to the City. Such alleyway thus constitutes a public charge • without a corresponding benefit, and the public and the City would be better served and benefitted by its vacation and abandonment. SECTION 2. AUTHORIZATION OF CITY MANAGER TO EFFECTUATE ABANDONMENT The City Manager of the City of Richland Hills, Texas, is hereby authorized and empowered to execute a quitclaim deed conveying any interest owned by the City is the alleyway described above, in fee simple, to Barclay Texas Holdings, III, L.P., and to execute any other documents necessary to accomplish the abandonment of such alleyway as authorized herein, and to file such documents as necessary with the County Clerk of Tarrant County, Texas.. • RESOLUTION ABANDONING ALLEYWAY Page 2 W:\Richland Hills\Resolution\Resolution abandoning alleyway to Barclay Group.wpd • SECTION 3. EFFECTIVE DATE This resolution, being passed by a unanimous vote of the City Council, shall be effective immediately upon adoption. Approved this tday of ~~yr'I ( , 2003. hli ~ ~ ~ r THE ONORABLE NELDA STRODER, MAYOR ~ Attest: F~+,,' "'.,,r: ~ •~J~ M i~ ~ ~j~1 TERM-~~VILLIS, CITY SECRETARY Ap d as to form and legality: • ~ , CITY ATTO Y • RESOLUTION ABANDONING ALLEYWAY Page 3 W:\Richland Hills\Resolution\Resolution abandoning alleyway to Barclay Group.wpd PROPERLY DESCRIPTION Being a 0248 acre tract ~ fond sfirated ~ the Yahda Lynch S ,Abstract No. 953, located in the Cr~yy of Richland Tarrant • Texas, and appears to be a renwindP.r of that certain tract of landcribed ~ deed to E L and J. B. Baker ~ 567, Deed Records, Tarr~t Co~riy, Texas. This 024b acre tract or 20' ~ ~o~ ~ Yolume 1851, t3age Hdls Addition and the south 6ne of the tro tracts of land descried in of land ~ booted t~ei~een the north fie of Block 23 Rictdond 1386 Deed Records, Tarr®d County, Texas, and does not recorded in V0~ 11443, Page 1619 and Yohane 10723, Poge land ras not included in the area aappP~ on the Tarnnt Appn~sd IIaQs or other Tarrant County, Tax IJaps. The plated sn The Rid~land fps Addition. Deeds to thhee north of the 20 strip refer to the ~operty as a 20' T.ES.Ca easement No record of this easement or rigftt of ray could be found. TU electric and Gas has been contacted and s unarare of any easement or of ray ~ this location. The fa this plat are based on the beaings of the soutfieast State Flghray Na 16, (Graperne q , as shorn on ~Y ~ ott raY fare of particrrfaty descnbed by metes ands as follors: ~ ~ ~ ~ ~ of ray Said 0246 acre tract berg more ` BEGINNING at a 1/2" ion rod capped "RPLS 4818" set on the eastert~r right of ray fine of State r variable ridth public right of r for the rwrttrrest corner of the herein desa~ed tract, same may No. 16, (Grapevine 1~6gMay). a of bnd descnbed a deed to Ru~ph G. C Tnrst ~9 ~ southrest comer of that certain trod ion rod found beat bears North 84.18'06~~ ~o~ ~ Voturne 1144.3, Page 1619, Deed Records, Tamant County, Texas, a 1/2" est, a distance of 0.69 Feet; THENCE North 89'4139° East, a distance of 580.51 Feet to a 1/Z" ion and cam 'RP1S 4818" set on the rest right of ray ~e of Rufe Srwr, a 120' ride public right of ray described in Yo(ume 1974, Page 220, Deed ~ecorcts, Tarrant County. Texas; THENCE South 0'08'19" West, a drstance of 19.35 Feet to a 1/2" ion rod capped "RPIS 4818" set; THENCE South 89'56'39" west, abng the north f>ne of Lots 1 thru 7, Block Z3, Richland H~ls Addition, according to the pkrt recorded m Vohme 388/C, Page 24, Plat Records, Tammt County, Texas, a distance of 599.02 Feet to a 1 2' iron rod • easterty nght of ray fine of State Ffighray No. 26, (Grapevine ffighray), fmm rhich a 1/2' ion ~ found bears h~68'28 2' East a the distance of 0.67 Feet; THENCE North 47'31'00" East, long the rigfit of ray fine of State I{ghvay No. 26, (Grapevine ~ighray), a distance of 25.18 Feet to the POINT OF BEGINNING and containing a computed area of 0248 acres or 10,7704 square feet. • The undersigned hereby certifies to Albertsons, Inc., a Delaware corporation, Barc and Republic rrtle of Texas, that this map or plot and the surv on which ~ is based were madden lac ordance with the Uimmumrship Standard Detal Requirements for ALtA/ACS1J Land Th{e Surveys jointly estabhshed and adopted by ALTA, ACS1rt and NSPS in 1999, and includes hems 2, 3, 4, 5, 6, 1a, 8, 9, 10, t l b, 14 and 15 of Table A thereof. Pursuant to the Accuracy Standards as adopted by the ALTA, NSPS, and ACSIJ and in effect on the date of this certification, the undersigned further cert~es that he has surveyed the property herein descn~bed, and that this survey was made on the round showin ail ap p ~}r property, as per the record description, and as evidenced by the boundary survey of Lotss~197 Bbck 3 RichlandeHills Addrtion,on the recorded in Yolume 388-C, Page 24, Plat Records, Tarrant County, Texas, of the tracts shown on the Tormnt Appraisal District flap No. 2018-416 in the tJahala Lynch Survey, Abstract No. 953 and labeled tracts 3A, 3A1, 3A1A and 3A2, os described hereon, are contiguous"; further, that except as shown there are no visible encroachments either way across property fines, or visble evidence of potential easements or rights-of-way. ~.J ' H D.L WIWAkIS egis ered Professional Land Surv or •rF Texas Registration No. 4818 ~ DATF 2/28/2003 ~~Q~~,tSTERF~9~ • •••;osr~eoe.o..•.•u•:•.• JCHNNY D. L. >ri/iLLIAPAS `!!ter ~ it ~ ~ ~°:a,~ 4$'8 'w~ ~l_ _l1 ~.A ~ • EXHIBIT d Ir n r` • QUITCLAIM DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § Date: April , 2003 Grantor: City of Richland Hills, Texas Mailing Address (including county): 3200 Diana Drive, Richland Hills, Tarrant County, Texas 76118 Grantee: Barclay Texas Holdings, III, L.P. Grantee's Mailing Address: C/O Scott Jackson 2200 One Galleria Tower 13355 Noel Road, LB 48 Dallas, Texas 75240-6657 Consideration: $10.00 and other good and valuable consideration For and in consideration of the sum of Ten Dollars and no cents ($10.00) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City of Richland Hills, Texas (hereinafter referred to as "Grantor"), does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto Barclay Texas Holdings, III, L.P., its successors, or assigns, any right, title, and interest owned by Grantor in and to the property described on Exhibit "A", attached hereto and incorporated herein for all purposes, said conveyance to • include any and all improvements on such property. In accordance with governing law, The undersigned has been authorized to execute this conveyance by resolution of the City Council of the City of Richland Hills dated Apri18, 2003, a copy of which resolution is attached hereto as Exhibit "B." This deed shall convey any right, title and interest owned by Grantor in and to the above described property unto the said Grantee, so that Grantee, and its heirs and assigns, shall have and hold such property forever, and so that neither Grantor nor its successors or assigns shall have, claim or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof. Executed this ~l}~~day of April, 2003. CITY OF RICHLAND HILLS, TEXAS, GRANTOR By: J es Quin, City M ager • QUITCLAIM DEED FROM CITY OF RICHLAND HILLS TO - Page I W:\Richland Hills\General\Quitclaim Deed from City to Barclay.wpd • ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the 1 {day of April , 2003, by James Quin in his capacity as City Manager of the City of Richland Hills, Texas, a municipality, on behalf of said municipality, for the purposes and consideration stated there' . c Notary Public in and for The State of Texas TERRI WIWS is MY COMMISSION EXPIRES ~ , x ,;9r,~'~ June 5, 2005 ~ Vr t W I , ~ ~ 1 S Type or Print Notary's Name My Commission Expires: ~/s~© ~ AFTER FILING PLEASE RETURN TO: Tim G. Sralla Taylor, Olson, Adkins, Sralla & Elam, L.L.P. 6000 Western Place, Suite 200 Fort Worth, Texas 76107 • PROPERTY pESCR1P110N Being a 0248 ocre tract of fond situated in the Yahata Lynch S , Abstroct Na 953, bated ~ the Cd~yr of Richland Tarrant • Texas, and appears to be a rerrwinder of that certain tract of bndcrbed ~ deed to E L and J. B. Bdcer Cody 567, Deed Records, Tarrant Cody, Texas. This 0.148 acre tract or 20' ~ ~o~ ~ Vofune 1851, page 1hDs Addition and the south fare of the ho tracts of kind descried in of kmd 's located bet~een the north 5ne of Block 23 Ricf~lor~d 1386, Deed Records, Tarrant Courrty, texas, and does not recorded ~ Y0~ 11443, Page 1619 and Yniane 10723, Page Ind r~ ~ ~ the area pear on the Tarar~ Apprasd yaQs or ark, other Tarant Cotady, Taz Maps. T}~ wed ~ ~ Richknd ~ Add>{ion Deeds to }fie north of the 20 strip refer to the property as a 20' T.ES.Ca easement No record of this easement ar rigfrt of way could be found TU ary easement or of way ~ t~ vocation The electric and Gas has been contacted and s unaware of State Fhghray Na 6, (Grtrpeme q fa the plat are based on the bearings of the southeas~teriy right of w patllcrdaly descried by metes ands bounds ~ fo9otx~ ~ ~ ~ ~ a~ ~ of way deeds. Said 0.148 acre trod 1>eng%inor~e ~ BEGWNQrG at a 1/2" ian rod capped "RPLS 4818' set on the eastert~r right of way fine of State variable width public right of w for the northwest corner of the herein descrbed may No- 26, (Grapevine F6ghway), a of {and described n deed to Rah G. Cam~bep, Trust ~ same ~9 ~ southwest comer of that certain tract imn rod found bent bears North 84 18'06 best, a ~ax.~e~69 Fee 1144.3. Page 1619, Deed Records, Tarrant County, Texas, a i/2' T1iE1JCE North 89'4239° East, a distance of 580.51 Feet to a 1/2" ion rod capped °RPL,S 418° set on the west right of w fine of Ruf Snow, a 110' wide public right of way descried in Volume 1914, Page 120, Deed Records, Tarrant % e County, Texas; THENCE South 0'08'19" west, a distance of 19.35 Feet to a 1/2" ion rod capped "RPLS 4818" set; THENCE South 89'56'39" IMest, along the north lane of lots 1 thru 7, Block 23, Richland H~ls Addi{ion, acc Vohme 388/C, Page 24, Plat Records, Tarrant Cournty, Texas, a distance of 599.02 Feet to a 1/2' imn to the pint recorded ~ easterflr nq~t of way line of State ffighway Na. 26, (Grapevine Ffigtiway), fmm which a 1/Z" ion rod found beas~North~P6g 28 12• ~t o the distance of 0.67 Fee#; tfighway No. 26, (Grapevine (high*Qy), a ~t~e ~ x,18 Feet to the POQ~(f OF BEEGiNN1NG and•cont0ainiig a canputed area of 0248 acresSor~S0104 square feet. • The undersigned hereby cert~ies to Albertsons Inc., a Delaware corporation, Barclay/Texas Holdings III, LP. a Texas LimiTed Partnership and Republic lute of Texas, that this map or plat and the survey on which ~ is based were made in accordance with the "1Jinimum Standard Detal Requirements for ALTA/ACSY Land Tr~{e Surveys ,jointly established and adopted by ALTA, ACSY and NSPS in 1999, and includes hems 2, 3, 4, 5, 6, 7a, 8, 9, 10, 11 b, 14 and 15 of Table A thereof. Pursuanf to the Accuracy Standards os adopted by the ALTA, NSPS, and ACSY and in effect on the date of this cert~cation, the undersigned further cert~es that he has surveyed the property herein described, and that this survey was made on the ground, showin ail pp pp ~r~}r Property, as per the record description, and as evidenced. by the boundary survey of Lotss~197 Block 3,aRichlandeFfillsAddrtion,on the recorded in Volume 388-C, Page 24, Plat Records, Tarrant County, Texas, of the tracts shown on the Tarrant Appraisal District I~ap No. 2078-416 in the Yahala Lynch Survey, Abstmcf No. 953 and labeled tracts 3A, 3A1, 3A1A and 3A2, as described hereon, are contiguous"; further, that except as shown there are no visible encroachments either way across property fines, or visble evidence of potential easements or rights-of-way. lJ- ' N D.L 'rrILL'Ali1S egis eyed Professional Land Surv or avPq~••~ •TF Texas Registration No. 4818 ~ DATE 2/28/2003 P~GISTFR~O ~ ..:....e..~......:... JCNNNY Q. L. 4UILLIAPAS s•o••••••••s•••••••••••.. i rt _ . • EXHIBIT d I~ it 9