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HomeMy Public PortalAboutOrdinance No. 1050-06 03-14-2006 After Recording, please return to: ' ' ' . L` n City of Richland Hills 1`~ 3200 Diana Drive ORDINANCE NO. 1050-06 Richland Hills, TX 76118 • AN ORDINANCE DECLARING THAT A FEE INTEREST IN THE SURFACE OF A DEDICATED BUT UNBUILT STREET, SPECIFICALLY, INDUSTRIAL STREET, IS UNNECESSARY FOR USE BY THE PUBLIC; AND VACATING AND ABANDONING FEE INTEREST IN THE SURFACE OF SUCH PROPERTY, CONDITIONED UPON AGREEMENT REGARDING DIVISION OF COSTS AND FURTHER CONDITIONED UPON OBTAINING DEDICATION AND CONVEYANCE OF AND RETAINING TWO UTILITY EASEMENTS; 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 has acquired through dedication by plat a thirty foot (30') wide street commonly known as Industrial Street between Midway Road and Belton Street, as described on Exhibit "A" and shown on Exhibit "B", which such exhibits are attached • hereto and incorporated herein for all purposes; and WHEREAS, Industrial Street has never been built or improved, and the City has no plans to construct Industrial Street; and WHEREAS, the City Council of the City of Richland Hills, after careful study and consideration, has determined that ownership of the fee estate of the subject street is not useful or convenient to the City or its citizens, or the public in general; and does not benefit the citizens or taxpayers, that it imposes a burden on the City due to the necessity for maintenance of such street and potential liability arising out of ownership of such fee estate, and further, that it has no significant marketable value, and therefore constitutes a public charge without a corresponding public benefit, and the public would be better served and benefited by its vacation and abandonment; and ORDINANCE INDUSTRIAL STREET ABANDONING FEE Page i of 5 WHEREAS, both a City water line and sanitary sewer line are currently located within • or adjacent to the public right-of--way of Industrial Street as described above; and WHEREAS, the continued existence of two utility easements centered upon the location of the above-referenced City water line and sanitary sewer line is necessary for the City to continue to provide needed public utility services to the citizens of the City; and WHEREAS, therefore, the City Council of the City of Richland Hills, after careful study and consideration, has determined that maintenance of utility easements providing the City access to the sub-surface and overhead estates of the subject street is useful and convenient t~ the City or its citizens, and the public in general; and does benefit the citizens or taxpayers due to the need for and presence of water and sanitary sewer utilities; and WHEREAS, the City Council of the City of Richland Hills, after careful study and consideration, has determined that in order to preserve the City's rights to the sub-surface and overhead estates. the City should obtain and reserve two utility casements centered upon the existing water and sanitary sewer lines in said property for such purposes, and retain the right to enter such easements, and to conduct such operations as is necessary for the perpetual enjoyment of the estates being retained, and should additionally require the adjacent. property owners to convey such easements to the City in consideration for the City's abandonment of the fee estate of the platted street; and WHEREAS, such property owners have agreed to convey such casements to the City in consideration of the City abandoning its fee interest in the street as platted; and WHEREAS, the City therefore desires to release any title, ownership and control of the fee interest in the surface estate of said street currently owned by the City, and to obtain and retain two utility easements in the sub-surface and overhead estates of the subject street, including a right of access, centered upon the existing water and sanitary sewer lines; NOW, THEREFORE, IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. ABANDONMENT AND VACATION OF INDUSTRIAL STREET Any fee interest owned by the City in the surface estate of the street described in Exhibit "A" and shown on Exhibit "B", both attached to this Resolution should be vacated and abandoned as public property subject to and upon fulfillment of the conditions described herein. The surface estate is not being used by, nor useful or convenient to the City, its citizens, or the public in general. Such ;street thus constitutes a public charge without a corresponding benefit, and the public and the City would be better served and benefited by its vacation and abandonment to the adjoining property owner as permitted by law. Therefore, the City Manager is instructed to negotiate and execute a quitclaim deed conveying any fee interest owned by the City in the surface estate of the street described in Exhibit "A" and shown on Exhibit "B" to the • adjacent property owners as their interests may appear. SECTION 2. RESERVATION OF UTILITY EASEMENTS The City Manager is further instructed to reserve in the special warranty deed executed by the City two permanent and perpetual utility easements as described above and on Exhibits "C" and "D", and shown on Exhibit "B", for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating any and all utility facilities under and over such easements, so as to retain for the City the right to enter, survey, excavate, and construct, maintain and repair any utility improvements, and the right to assign such right to any third parties as deemed advisable by the City Council, provided that the City or its assi},mee shall restore the surface of the property to the same or better condition as existed prior to such entry into the easements, save for any improvements. The deed shall further provide that those persons to whom the surface estate is abandoned shall at no time erect, place or construct any ORDINANCE INDUSTRIAL STREET ABANDONING FEE Page 3 of 5 temporary or permanent structures in, across or upon the easements retained and reserved as • described herein which interfere with the easements reserved and retained as described herein. SECTION 3. RESERVATION OF UTILITY EASEMENTS The City Manager is further instructed to reserve in the special warranty deed executed by the City two permanent and perpetual utility easements as described above and on Exhibits "C" and "D", and shown on Exhibit `B", for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating any and all utility facilities under and over such easements, so as to retain for the City the right to enter, survey, excavate, and construct, maintain and repair any utility improvements, and the right to assign such right to any third parties as deemed advisable by the City Council, provided that the City or its assignee shai_1 restore the surface of the property to the same or better condition as existed prior to such entry into the easements, save for any improvements. The deed shall further provide that those • persons to whom the surface estate is abandoned shall at no time erect lace or construct an ,p Y temporary or permanent structures in, across or upon the easements retained and reserved as described herein which interfere with the easements reserved and retained as described herein. SECTION 4. REQUIREMENT OF CONVEYANCE OF UTILITY EASEMENTS The City Manager is further instructed not to execute such quitclaim deed until and unless the City Manager first obtains agreement from all such property owners special warranty deeds to the utility easements described above for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating any and all utility facilities deemed necessary or desirable by the City, including but not limited to the existing water and sanitary sewer lines, gas, electric, cable, and telephone and • telecommunications, which easements shall be centered on the existing water and sanitary sewer • lines, and be of such width as deemed necessary and desirable by the City Engineer. SECTION 5. AUTHORIZATION OF CITY MANAGER TO EFFECTUATE ABANDONMENT The City Manager of the City of Richland Hills, Texas, is hereby authorized and empowered to provide for surveys and re-platting of the property if required, to negotiate with the adjoining property owners regarding payment of the costs for such work, to execute a quitclaim deed as described herein to the person or persons who own the adjoining real property as permitted by law, and to execute any other documents necessary to aecornplish the abandonment of such alleyway as authorized herein, and the reservation and retention of the easements described herein, and to file such documents as necessary with the County Clerk. SECTION 6. EFFECTIVE DATE This ordinance shall be effective immediately upon adoption. • Approved this 14 day of March 2006. • m' TH HONORABLE NELDA S. STRODER v ' ~ _ MAYOR c.~ , Attest: ''~~ii~mnnu~~a~``~ I BUTTER, CITY SECRETARY Approved as t form and legality: TIM G. SRALLA, CITY ATTO Y • ORDINANCE INDUSTRIAL STREET ABANDONING FEE Page 5 of 5 r Engineers -Surveyors • Architectural, Civil, Environmental, Process, and Structural Engineering Clifford G. Martin, P.E., Assoc. A.I.A. 1251 West Magnolia Terrence A. Graham, P.E., R.P.L.S., C.A.P.M. Fort Worth, Texas 76104-4315 Phone 817-921-0080 www.abaxial.net Fax 817-921-0212 Field Notes of Industrial Street, Richland Hills, Tarrant County, Texas: Being a tract of land out of the S. Popplewell Survey, A-1241, known as Industrial Street in a revised plat filed in Volume 388-19, Page 69, in the Plat Records of Tarrant County, Texas, described as follows: Beginning at the north ROW line of Midway Road, 619.5' due west of the southeast corner of the Richland Industrial Park for the southwest corner of lot 90R, Richland Industrial Park and the southeast corner of Industrial Street to be vacated; Thence, due west 50' with the north ROW line of Midway Road to the southeast corner of Lot 95R and the southwest corner of Industrial Street; Thence, due north 608.65'(611.25' of Record) with the west line of Industrial Street to the south • line of Belton Street for the northeast corner of Lot 91R, Richland Industrial Park and the northwest corner of Industrial Street; Thence, N 62° 06' 26" E 56.57' (N 63° 03' E 60' of Record) with the south line of Belton Street to the northwest corner of Lot 85R and the northeast corner of Industrial Street; Thence, due south 635.11' (636.25' of Record) with the east line of Industrial Street to the Place of Beginning and containing 0.714 acres of land. CERTIFICATE I, Terrence A. Graham, R.P.L.S. 2990, certify that these field notes represent a survey made by me on the ground on November 7, 2005. ~'L~ 3~2~"d Q~ ?C -i;y i~~? I ERrO Vn ~ `TJGy,,. ~ ~tERREtiCE A. GitAH!~MM Qv Terrence A. Graham, R.P.L.S. l ~ 9°FESS1o`'• ' q~ 9~'o su~~~~. • EXHIBIT A + I Match I I ! Match i ~ $1 ? water valves • ~ Line Line I ti~ ,Sewer Manhole ~ I I j I I I I j M j I t •I ~ I j~ I I~~ee M I j ~ a j j a N I I a° ~ ~ I a° ~ I ~ ~ 0 6 ~b~ ti I ~ I I z I~ bti 56 S~ I I ; - I I~~ I ~ a~i ~ I N I ~ I ~o I j I I _ o ~ ~ ~ ~ ~o z I o f ~ O I a ~ b I a I ~ I~ a I ~ ~ I j~ a I I I ~ I I I ~ ~ I I I I Match I Match i I I Line ~ Line j I . j ~ ~ ~ 11 _ c I M ~ ~ I Terrence A. Graham, R.P.L.S. 2990, certify that ri I ~ ~ I r~Oi N ~ j ~ ~ this sketch represents a survey made by me on the W 3 I graound on November 7.2005. The 3 pages of I w ~ w accompanying field notes are part of this sketch. ~ j ~ 'v, ~ i` 11 E There are no visible easements, encroachments, or M I -o o I ~ prolusions other than those shown on this sketch. o M I M ° I c z j o The Surveyor did not abstract the property nor did Z j ~ j ~ ~ S ~ he research the records for easements, adverse j claioms, or other encumbrances that may affect this c I property. He relies solely on information provided I j : o°. for easements, adverse claims, or other fir, I ~ ° ° _ - . _ Utility Line encumbrances thatm~~\,~t,~is property. ~ I 3 ai I a Utility Easement ,1"'~ r6 ~ I ~ ~ ( ROW Line ~CJ~~`` ~.~.pL West 50.00 T~RR~Pr c A. GFiF.k'A~i Y ~ ~,~A~?~EM~ ~ Fire H dr~an' ~ . - . ^ • - ' Water slues P s~,,~tj Midway Road Basis of Bearings -Original Plat ~'I) .St1P~~l Manhole ' Industrial Street Vacation and ~ Water and Sewer Easements ~"'mg Engineers -Surveyors 050141.01-01 1251 West Magnolia Avenue Richland Industrial Park Fort Worth, Texas 76104 Richland Hills, Texas November 2005 EXHIBIT B r ; Engineers -Surveyors Architectural, Civil, Environmental, . Process, and Structural Engineering Clifford G. Martin, P.E., Assoc. A.I.A. 1251 West Magnolia Terrence A. Graham, P.E., R.P.L.S., C.A.P.M. Fort Worth, Texas 76104-4315 Phone 817-921-0080 www.abaxial.net Fax 817-921-0212 Field Notes of Sanitary Sewer Line Easement: Being a tract of land out of the S. Popplewell Survey, A-1241, described as follows: Beginning at the north ROW Line of Midway Road 656.8' due west of the southeast corner of Richland Industrial Pazk for the southeast corner of this easement; Thence, due west with the north line of Midway Road, passing a manhole lid 18.1' south at 5.0', 10.00' to the southwest corner of this easement; Thence N 0° 30' S8" E 613.07' to the south line of Belton Street for the northwest corner of this easement; Thence N 62° 6' 26" E (N 63° 03' E of Record) with the south ROW line of Belton Street, passing a manhole lid 68.22' north at 5.69', 11.37' to the northeast corner of this easement; Thence S 0° 30' S8" W 618.37' to the Place of Beginning and containing 0.141 acres of land. CERTIFICATE I, Terrence A. Graham, R.P.L.S. 2990, certify that these field notes represent a survey made by me on the ground on November 7, 2005. 2t ~5`:. ~-27-~ ~ .~G ~o: u ~7ERRENCE A. GRAHAtfl . A v., Terrence A. Graham, R.P.L.S. lgtiOF~ss~V~~U~c SUR EXHIBIT C • , r ; . ~I Engineers -Surveyors Architectural, Civil, Enviranmentel, • Process, and Structure! Engineering Clifford G. Martin, P.E., Assoc. A.I.A. 1251 West Magnolia Terrence A. Graham, P.E., R.P.L.S., C.A.P.M. Fort Worth, Texas 76104-4315 Phone 817-921-0080 www.abaxial.net Fax 817-921-0212 Field Notes of Water Line Easement: Being a tract of land out of the S. Popplewell Survey, A-1241, described as follows: Beginning at the north ROW Line of Midway Road 610.8' due west of the southeast corner of Richland Industrial Park, for the southeast corner of this easement; Thence, due west with the north line of Midway Road, passing a valve box lid 0.4' south at 5.0', 10.00' to the southwest corner of this easement; Thence N 0° 35' 04" W 631.06' to the south line of Belton Street for the northwest corner of this easement; Thence N 62° 6' 26" E (N 63° 03' E of Record) with the south ROW line of Belton Street, passing a valve box lid 57' north at 5.69', 11.37 to the northeast corner of this easement'; Thence S 0° 34' S7" E 636.33' to the Place of Beginning and containing 0.145 acres of land. CERTIFICATE I, Terrence A. Graham, R.P.L.S. 2990, certify that these field notes represent a survey made by me on the ground on November 7, 2005. 3~L9 pF T£,~. 5~~ ~G~SA ~9r~ 9c1' ~'fERRENCE A. GRAHAM ...:A~.~..v ; . . Terrence A. Graham, R.P.L.S. l9 ~ .°FESS~o~'Pp~ do suR~ti~ EXHIBIT D • ! . x f ° . + ,,~~i mow. 4r ~rf'~ CITY OF RICHLAND HILLS L Jam' 3200 DIANA DRIVE .~r~~r~. RICHLAND HILLS TX 76118 Submitter: CITY OF RICHLAND HILLS SULANNE IiENCERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 05/1712006 09:16 AM Instrument D206148103 OPR 10 PGS $48.00 I IIIIIII III' VIII /IIII VIII /IIII /IIII I'll/ VIII VIII IIII IIII D206148103 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. •