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Home My Public Portal AboutResolution No. 175-02 04-08-2002 RESOLUTION NO. 175-02 • A RESOLUTION VACATING AND ABANDONING A SANITARY SEWER EASEMENT OF THE CITY OF RICHLAND HILLS, 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 has a 20 foot sewer easement across a portion of property owned by Riverbend Investment, Ltd. currently under development; and WHEREAS, the City of Fort Worth has re-routed the sewer lines and placed a metering station on such sewer line where it exits the City of Richland Hills, such that the sewer lines and easement on the property of Richland Investment, Ltd. will no longer be used or necessary; and • WHEREAS, the City Council of the City of Richland Hills, after careful study and consideration, has determined that the subject sanitary sewer easement is no longer being used by, nor useful or convenient to the public in general; therefore, it 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 easement, the City desires to release all title, ownership and control of said easement to the owner or owners of the abutting property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: • W:\Richland Hills\ResolutionlVacate Easement.wpd Page 1 SECTION 1. • 2. ABANDONMENT AND VACATION OF EASEMENT The sewer easement described in Exhibit "A" to this Resolution is hereby vacated and abandoned as public property. The easement is not being used by, nor useful or convenient to the public in general. It constitutes a public charge without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment. The easement so vacated and abandoned shall revert in fee simple to the owners of the abutting properties. 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 the easement described above, and to file such documents as necessary with the County Clerk of Tarrant County, Texas. SECTION 4. • FOURT FIFTHS VOTE IN FAVOR The City Council has, in compliance with governing City ordinances, voted to waive the requirements and procedures of this Division and abandon any easement or portion thereof to a property owner upon the request of said property owner by resolution by at least afour/fifths (4/5) vote. SECTION 5. EFFECTIVE DATE This resolution shall be effective immediately upon adoption. • W:\Richland Hills\Resolution\Vacate Easement.wpd Page 2 APPR VED this ~da of ( 1 2002. o ~ y r , ~ ~ . = ; C.F. KELLEY, MAYOR Attest: s, ' o WILLI ,CITY SECRETARY • • W:\Richland Hills\Resolution\Vacate Easement.wpd Page 3 APPROVED O FORM AND LEGALITY: • TIM G. SRALLA, CITY ATT RNEY • • W:\Richland Hills\Resolution\Vacate Easement.wpd Page 4 • EXHIBIT A Being a 20.00 foot wide strip of land located in the Allen S. Trimble Survey, Abstract No, 1528, Tarrant County, Texas, being a portion of a 20.00 foot wide strip of land described in the easement to Smithfield Water Company recorded in Volume 2625, Page, 374, Deed Records, Tarrant County, Texas. Said 20.00 foot wide strip of land lying 10.00 foot on both sides and parallel with the following described fine: Commencing at an 1I2" iron rad found at the Northeast corner of a tract of land described in the deed to Charles A. Bames, Trustee recorded in volume 6702, Page 452, Deed Records, Tarrant County, Texas, being an ell corner in the North line of tract l6 described in the deed to Riverbend Investment, Ltd., recorded in Volume 13681, Page, 387, Deed Records, Tarrant County, Texas THENCE S86°18'56"E 66.35 feet along said North line of said Riverbend Investment tract to a point; THENCE S03°10'24"E 40.78 feet to a point at the POINT OF BEGINNING of the herein described tract; THENCE 503°10'24"E, a distance of 74.90 feet to a point; THENCE S03°01'36"W, a distance of 448.70 feet to a point; THENCE S17°12'24"E, a distance of 299.10 feet to a point; • THENCE S32°44'24"E, a distance of 292.10 feet to a point; THENCE S54°58'24"E, a distance of 507.20 feet to a point; THENCE S77°04'24"E, a distance of 172.10 feet to a point; THENCE S59°26'24"E, a distance of 413.70 feet to a point; THENCE S28°53'24"E, a distance of 24.60 feet to a point in the South line of said Rivebend Investment tract and the end of said line, said point being in the North line of a tract of land described in the deed to the City of Fort Worth, Tarrant County, Texas recorded in Volume 4119, Page 535, Deed Records, Tarrant County, Texas. , The bearings recited hereon are oriented to the North line of the City of Fort Worth tract recorded in Volume 4119, Page 535, Deed Records, Tarrant County, Texas. Beartng N89°49'W. ;s • Z00'd dZZ~EO Z0/8i/E0 SLGbS6SLS8 OWS Sii!H PUei4o!L! }o fi1i8 P .,r j iu::,:. D202100258 TERRI WILLIS 3200 DIANA DR RICHLAND HILLS TX 76118 w'r'~ -'f~' A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y I N D E X E D-- T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N COUNTY CLERK O F F I C I A L R E C E I P T T O: GREGORY DICKENS RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 202228127 DR93 CB 04/10/2002 15:59 • INSTRUMENT FEECD INDEXED TIME 1 D202100258 WD 20020410 15:59 CK 7648 T O T A L DOCUMENTS: 01 F E E S: 17.00 ~_._s,~.,.- B Y: 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. • s s ' EXHIBIT A • 8eing a 20.00 foot wide strip of land located in the Allen S. Trimble Survey, Abstract No. 1528, Tarrant County, Texas, being a portion of a 20.00 foot wide strip of land described in the easement to Smithfield Water Company recorded in Volume 2625, Page, 374, Deed Records, Tarrant County, Texas. Said 20.00 foot wide strip of land lying 10.00 foot on bath sides and parallel with the fopowing described line: Commencing at an 1 f2" imn rod found at the Northeast comer of a tract of Land described in the deed to Charles A. Bames, Trustee recorded in volume 6702, Page 452, Deed Records, Tarrant County, Texas, being an ell corner in the North Line of tract l6 described in the deed to Riverbend (nvestment, Ltd_, recorded in Volume 13681, Page, 387, Deed Records, Tan-ant County, Texas THENCE S86°18'56"E 66.35 feet along said North line of said Riverbend Investment tract to a point; THENCE S03°10'24"E 40.78 feet to a point at the POINT OF BEGINNING of the herein described tract; THENCE 503°10'24"E, a distance of 74.90 feet to a paint; THENCE S03°01'36"W, a distance of 448.70 feet to a point; THENCE S17°12'24"E, a distance of 299.10 feet to a point; - THENCE S32°44'24"E, a distance of 292.10 feet to a point; • THENCE S54°58'24"E, a distance of 507.20 feet to a point; THENCE S77°04'24"E, a distance of 172.10 feet to a point; THENCE S59°26'24"E, a distance of 413.70 feet to a point; THENCE S28°53'24"E, a distance of 24.60 feet to a point in the South line of said Rivebend Investmenf tract and the end of said line, said point being in the North line of a tract of land described in the deed to the Ciry of Fort Worth, Tarrant County, Texas recorded in Volume 4119, Page 535, Deed Records, Tarrant County, Texas. , The bearings recited hereon are oriented to the North line of the City of Fort Worth tract recorded in Votume 4119, Page 535, Deed Records, Tarrant County, Texas. Bearing N89°49'W. -z • zm0'd dZt~80 Z0/8T/80 SLGbS6SLT8 OWS STZ!H P~eT4~!Z! ,}o fi1!S . r r APPROVED O FORM AND LEGALITY: • TIM G. SRALLA, CITY ATT RNEY • W:\Richland Hi{Is\Resolution\Vacate Easement.wpd Page 4 • 1 ~ APPROVED this ~ day of ~ t , 2002. `c ~ ; C.F. KELLEY, MAYOR , Attest:'. v d tl,~ ` A t e t] y Y l WILLI ,CITY SECRETARY • W:\Richland Hills\Resolution\Vacate Easement.wpd Page 3 • SECTION 1. • 2. ABANDONMENT AND VACATION OF EASEMENT The sewer easement described in Exhibit "A" to this Resolution is hereby vacated and abandoned as public property. The easement is not being used by, nor useful or convenient to the public in general. It constitutes a public charge without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment. The easement so vacated and abandoned shall revert in fee simple to the owners of the abutting properties. SECTIGN 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 the easement described above, and to file such documents as necessary with the County Clerk of Tarrant County, Texas. SECTION 4. FOURT FIFTHS VOTE IN FAVOR • The City Council has, in compliance with governing City ordinances, voted to waive the requirements and procedures of this Division and abandon any easement or portion thereof to a property owner upon the request of said property owner by resolution by at least afour/fifths (4/5) vote. SECTION 5. EFFECTIVE DATE This resolution shall be effective immediately upon adoption. W:\Richland Hills\Resolution\Vacate Easement.wpd Page 2 • RESOLUTION NO. 175-02 - A RESOLUTION VACATING AND ABANDONING A SANITARY SEWER EASEMENT OF THE CITY OF RICHLAND HILLS, 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 has a 20 foot sewer easement across a portion of property owned by Riverbend Investment, Ltd. currently under development; and WHEREAS, the City of Fort Worth has re-routed the sewer lines and placed a metering station on such sewer line where it exits the City of Richland Hills, such that the sewer lines and easement on the property of Richland Investment, Ltd. will no longer be used or necessary; and WHEREAS, the City Council of the City of Richland Hills, after careful study and consideration, has determined that the subject sanitary sewer easement is no longer being used by, nor useful or convenient to the public in general; therefore, it 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 easement, the City desires to release ail title, ownership and control of said easement to the owner or owners of the abutting property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: W:\Richland Hills\Resolution\Vacate Easement.wpd Page 1