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HomeMy Public PortalAboutOrdinance No. 1157-09 10-13-2009 1157-09 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS VACATING AND ABANDONING THE PUBLIC RIGHTS-OF-WAY KNOWN AS JENNIFER LEIGH DRIVE AND JENNIFER LEIGH COURT, LOCATED ON BLOCKS 1-4 OF THE JENNIFER LEIGH ADDITION TO THE CITY OF RICHLAND HILLS, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; PROVIDING AN EFFECTIVE DATE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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 is the owner of public rights-of--way known as Jennifer Leigh Drive and Jennifer Leigh Court, which public rights-of--way cross portions of several lots generally described as the following: 1. 3731 Booth Calloway Rd, Richland Hills, more particularly described as Block 1, Jennifer Leigh Addition to the City of Richland Hills; 2. 3800 Jennifer Leigh Court, Richland Hills, more particularly described as Block 2, Jennifer Leigh Addition to the City of Richland Hills; 3. 7600 Jennifer Leigh Court, Richland Hills, more particularly described as Block 3, Jennifer Leigh Addition to the City of Richland Hills; 4. 3827 Jennifer Leigh Court, Richland Hills, more particularly described as Block 4, Lots 1 A through SB, Jennifer Leigh Addition to the City of Richland Hills; and WHEREAS, such properties are currently jointly developed as an apartment complex and adjoining duplexes; and WHEREAS, the City maintains water, sanitary sewer, drainage, and other utility structures and improvements in the public rights-of--way known as Jennifer Leigh Drive and Jennifer Leigh Court; and WHEREAS, the City wishes and intends to reserve utility easements co-extensive with such public rights-of--way, and also has requested the owners of the fee interest in the property grant and has granted to the City all water, sanitary sewer, drainage, and other utility easements across the same real property as the currently existing public rights-of--way as are required by the City to maintain the City's utilities on such properties; and WHEREAS, the owners of the fee interest in the property have agreed to grant and have granted to the City utility easements co-extensive with such public rights-of--way which would allow the City to continue to maintain all water, sanitary sewer, drainage, and other utility structures and improvements es as are required by the City to maintain municipal services to the affected properties; and WHEREAS, the City Council of the City of Richland Hills, after careful study and consideration, has determined that the public rights-of--way are no longer necessary for public safety, and are not useful or convenient to the public in general; and that such public rights-of--way therefore constitute a public charge without a corresponding public benefit, and the public would be better served and benefitted by vacation and abandonment of such public rights-of--way; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said platted public rights-of--way, the City desires to release all title, ownership and control of such public rights-of--way to the owner or owners of the fee title to the property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. ABANDONMENT AND VACATION OF PUBLIC RIGHTS-OF-WAY Based upon the agreement of the owner of the fee interest in the property to grant to the City all water, sanitary sewer, drainage, and other utility easements required by the City to maintain the City's utilities on such lot, through execution of an easement document, a copy of which is attached hereto as Exhibit A, and based upon the fact that the public rights-of--way described above serve only the properties of one owner, the City Council finds that such property is not being used by, nor useful or convenient to the public in general, and is not necessary to the public safety of the citizens of the City or the public in general. Therefore, such property constitutes a public charge without a corresponding benefit, and the public would be better served and benefitted by vacation and abandonment of such property. Consequently, the public rights-of--way and the City's interest in the public rights-of--way known as Jennifer Leigh Court and Jennifer Leigh Drive, which are shown on the attached plat attached as Exhibit A to this ordinance, and which are located on and across portions of several lots generally described as the following: 1. 3731 Booth Calloway Rd, Richland Hills, more particularly described as Block 1, Jennifer Leigh Addition to the City of Richland Hills; 2. 3800 Jennifer Leigh Court, Richland Hills, more particularly described as Block 2, Jennifer Leigh Addition to the City of Richland Hills; 3. 7600 Jennifer Leigh Court, Richland Hills, more particularly described as Block 3, Jennifer Leigh Addition to the City of Richland Hills; ORDINANCE ABANDONING JENNIFER LEIGH DRIVE AND JENNIFER LEIGH COURT Page 2 W:\Richland Hills\Ordinance\Abandonment of Jennifer Leigh Drive and Jennifer Leigh Court.tgs.7.23.09.wpd 4. 3827 Jennifer Leigh Court, Richland Hills, more particularly described as Block 4, Lots 1 A through SB, Jennifer Leigh Addition to the City of Richland Hills; subject to the reservation contained in Section 2 below, are hereby vacated and abandoned as public property. The property so vacated and abandoned shall revert to the owners of the fee interest in the property. SECTION 2. RESERVATION OF UTILITY EASEMENTS City hereby reserves from the abandonment a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating drainage, water, sanitary sewer, and all other utility facilities of all types in, into, upon, over, across, under and through the real property upon which the public rights-of--way known as Jennifer Leigh Court and Jennifer Leigh Drive are located, as shown on the plat of the Jennifer Leigh Addition to the City of Richland Hills, Texas, as recorded in the Plat Records of Tarrant County at Volume 388, Page 191-60. SECTION 3. AUTHORIZATION OF CITY MANAGER TO EFFECTUATE ABANDONMENT The City Manager of the City of Richland Hills, Texas, is hereby authorized and empowered to execute any documents necessary to accomplish the abandonment of such property described above, and to file such documents as necessary with the County Clerk of Tarrant County, Texas. SECTION 4. FOUR FIFTHS VOTE IN FAVOR The City Council has, incompliance with governing City ordinances, voted to waive certain requirements and procedures of Chapter 70 of the City Code as permitted by Section 70-87 of said Chapter and abandon the property described herein to a property owner upon the request of said property owner by at least afour/fifths (4/5) vote. SECTION 5. EFFECTIVE DATE This ordinance shall be effective immediately upon adoption. SECTION 6. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ORDINANCE ABANDONING JENNIFER LEIGH DRIVE AND JENNIFER LEIGH COURT Page 3 W:\Richland Hills\Ordinance\Abandonment of Jennifer Leigh Drive and Jennifer Leigh Court.tgs.7.23.09.wpd ordinance are indirect conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 7. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED BY UNANIMOUS VOTE ON THIS 13th DAY OF October , 2009. ~r HONORABLE DA ID . RAGAN, MAYOR ATTEST: \~~~~u~~~unui~ii~i~,~ ~ti,~.e.~ l J, o NDA CANTU, TMRC, CITY SECRETARY = ~ 1 =v EFFECTIVE: OCTOBER 13, 2009 - , o ~ ~ ~~,,,,rr~nnntN~~~w APPROVED S O FORM AND LEGALITY: TIM G. SRALLA, CITY A TORNEY ORDINANCE ABANDONING JENNIFER LEIGH DRIVE AND JENNIFER LEIGH COURT Page 4 W:\Richland Hills\Ordinance\Abandonment of Jennifer Leigh Drive and Jennifer Leigh Court.tgs.7.23.09.wpd EASEMENT GRANTED TO CITY OF RICHLAND HILLS FOR DRAINAGE, WATER, SANITARY SEWER AND OTHER UTILITIES THE STATE OF TEXAS § COUNTY OF TARRANT § For ten dollars and other good and valid consideration, including the abandonment of the fee . interest to certain public nights-of--way, Hung Properties, No. 1, L.P., a California Limited Partnership, ("GRANTOR") owner ofthe fee interest in property described herein, does hereby grant and convey to the City of Richland Hills ("GRANTEE") a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating drainage, water, sanitary sewer, and all other utility facilities of all types in, into, upon, over, across, under and through the real properly upon which the public rights-of--way Irnown as JenniferLeigh Court and Jennifer Leigh Drive are located, as shown on the plat of the Jennifer Leigh Addition to the City of Richland Hills, Texas, as recorded in the Plat Records of Tarrant County at Volume 388, Page 191-60, together with the right of ingress and egress as necessary for such puzposes. ~ . GRANTOR covenants and agrees that GRANTOR and GRANI'OR's heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under any easements granted herein any temporary or permanent structures, and it is further agreed that GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, -any fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the permanent drainage, water, sanitary sewer and other utilities ' easement herein granted to the GRANTEE shall run with the land and forever be a right in and to the .land belonging to GRANTOR, and GRANTOR'S successors and assigns, and said grant is expressly excepted from any right of reversion of said premises under any prior deeds in . GRANTOR's chain oftitle. The permanentright-of--way and easement rights and privileges granted therein are exclusive, and GRANTOR covenants that it will not convey any other easement or conflicting rights within the azea covered by the grant to any other person. ~,q ,e~,,,~„~' IN WITNESS WHEREOF, this instrument is executed this~~day of A2009. `-°"t ~ Hung Properties, No, 1, L.P., Grantor By: t n.~'?p~i &l.S~ its General Partner By: rv~'V~'~ _ ei Name: ~ ~-f ~ . Jv~ Title: ~~?-E7Zi.~~~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californi ~ County of ©.S ~.j On q ~ ~ before me, /Y~ ~ 1 ~f6 h ele / Here Insert Name a Ale of the Officer ' ~ personally appeared re ~'UDu. 'jam ~ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s~-whose name~s/~ubscribed to the within instrument and acknowledged to me that ,I~r~she/tj~y~executed the same in~aislher/y~'rauthorized ~wjp, t ~ capacity.(issfi and that by.~iis/her~geif`signaturejF,j~on the C~niaion i /92t» instrument the person(s~; or the entity upon behalf of ~ Mge1a Co which the person(.sj'acted, executed the instrument. M Comm. Ea Tres Nor 3, 20t2 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ~ WITNESS my hand and offic' I seal. Signature Place Notary Seel Above lure of ote ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and crou/d prevent fraudulent removal and reattachment of this form to another document Description of Attached Document i - /f~~ Title or Type of Document: ~~ZS-Pl%+'~yi~~ ~p'~. a~~P~ ~ C.~(i~/ Pi T- ~C %GL/1~4!?(,~ ~~f j~ Document Date: G - c` Number of Pages: ~ t1-~ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ? Individual ? Individual ? Corporate Officer -Title(s): ? Corporate Officer -Title(s): ? Partner - ? Limited ? General _ _ ? Partner - ? Limited ? General _ _ ? Attorney in Fact ? Attorney in Fact • - ? TfUStee Top of thumb here ? Trustee Top of thumb here ? Guardian or Conservator ? Guardian or Conservator ? Other: ? Other: Signer Is Representing: Signer Is Representing: ®2007 National Notary Association •9350 De Soto Ave., P.O. Bax 2402 • Chatsworth, CA 91313-2402 • www.NagonalNotaryorg ftem A5907 Reorder. Call Tog-Free 1-800.8766827 SUZANNE HENDERSON N~...~,~:.~.,, w COUNTY CLERK s,~ r; 100 West Weatherford Fort Worth TX 76196-0401 , * " , PHONE (817) 884-1195 CITY OF RICHLAND HILLS 3200 DIANA DR RICHLAND HILLS, TX 76118 Submitter: CITY OF RICHLAND HILLS DO NOT DESTROY WARNING -THIS lS PART OF THE OFFICIAL RECORD. Filed For Registration: 10/16/2009 11:02 AM Instrument D209275910 OPR 7 PGS $36.00 By: D209275910 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. Prepared by: SLDAVES