HomeMy Public PortalAboutResolution No. 201-03 05-13-2003
• RESOLUTION NO. 201-03
A RESOLUTION AUTHORIZING THE CITY MANAGER TO VACATE
AND ABANDON ANY INTEREST OWNED BY THE CITY IN A TWENTY-
FIVE FOOT STRIP OF LAND ACQUIRED BY THE CITY THROUGH
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 acquired a strip of land approximately twenty-five
(25) feet wide and two hundred forty-one and one-half (241.50) feet long north of Lot 5-A of the
Richland Hills Addition to the City of Richland Hills, by dedication as shown on a plat of Lots 5-A
and 5-B, Block 10, of the Richland Hills Addition to the City of Richland Hills, recorded in Volume
• 388-195, Page 10, of the Plat Records of Tarrant County, Texas, which plat was filed of record on
or about January 16, 1986, a copy of which plat is attached hereto as Exhibit "A" and incorporated
herein for all purposes; and
WHEREAS, the plat referenced above provided that the property so dedicated was dedicated
to the City for use as a future street, and the City has decided not to construct that proposed street;
and
WHEREAS, the plat referenced above further provided that the dedicator, A. P. Cady, would
regain title to the property so dedicated if the property was not used by the City within three years;
and
WHEREAS, the property so dedicated was nit used by the City within three years, so that
it appears that the City may not have legal or equitable title to the property; and
•
• WHEREAS, the City Council of the City of Richland Hills, after careful study and
consideration, has determined that the property so dedicated is not needed by 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 City in said property, the City desires to release any title, ownership and control of said property
currently owned by the City to A. P. Cady, who has at all pertinent times been owner of Lot 5-A,
the abutting property from which said property was originally conveyed;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
• ABANDONMENT AND VACATION OF PROPERTY
Any interest owned by the City in the property described in Exhibit "A" attached to this
Resolution as the property dedicated to the City for use by the City as a future street should be
vacated and abandoned as public property. The property 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 Lot
5-A, the adjacent lot from which the property was originally taken. The property 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 property described
• RESOLUTION ABANllONING PROPERTY ADJACENT TO LOT 5-A, RICHLAND HILLS ADDfrION Page 2
W:\Richiand Hills\Resolution\Resolution abandoning 25 toot s[np adjacent to Lot 5-A.wpd
• above, to A. P. Cady, 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..
SECTION 3.
EFFECTIVE DATE
This resolution, being passed by a unanimous vote of the City Council, shall be effective
immediately upon adoption.
A~pxp~,Gd phis _ d
y of , 2003.
,`Gd`A~D ~l~I
~ • ~~t'
_ 4
' ' a _ THE ONORABL NE DA STRODER, MAYOR
:a~ ~
Attu: '
TERRI WIL S, CITY SECRETARY
Approved s t form and legality:
CITY ATTORNEY
• RESOLUTION ABANDONING PROPERTY ADJACENT TO LOT 5-A, RICHLAND HILLS ADUI'1'ION Pagc 3
W:\Richland Hills\Resolution\Resoluhon abandoning 25 foot strip adjacen~ to Lot 5-A.wpd
p~TRECUPD ~~OLL111E 388 195
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W E NDELL HANCOCK SURVEYOR S
1721 HALTOM ROAD
FORT WORTH, TEXAS
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• 817-834-6243
N 1CL iLnlc ur 1G-1n~
COUNTY OF TARRANT
K'.i0h++~ ALL °ES BY 'f 11 F.SL 1'KCtif.: a', 1{I'. F:!t C:\5, .1.!'. CnU1 be LrF; the c.:ner ul rile
fo_lov ing described proper[}':
BElNC Che North one-half of Lnt 5. GL,cle 10, +'ICI!LA:G!i 1(iiLLS dlh`!"flub, a.+ A+ir`l
[o [he CiC+• of !tl•~Aland I?111::, 1'nrTant Count v, lexa+s crrd iyr! + ~ plat
1n Volume ')8B-:, Pale 172-. 1'~al Records of 'fnt ran[ C.+unty, 'I'e
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DO NLR I:BY DFUICAI I: 't I1 F, gA•+6 1'D I A tll ~ n5 Lets r-;: -+r~d ~ Il, I:I. c I') li.
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and do herb dedic.lte. to Che public tsc all rtr ••s. -t 1:. ; 1 iii
uuys ~s sLno,n nn [he p1aC attach., lcreto.
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VICII~ITY MAP
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PLAT SHOWING
LOTS 5-A ~ 5-B, BLOCK 10,
RICHLAND HILLS ADDITION, BEING ~!ir~-~
I 1 r. ,
A RE:~ISION OF A PORTION OF `
LOT 5, BLOCK 10, RICHLAND HILLS
ADOIT-ION T 0 THE CITY OF
RICHLAND HILLS, TARRANT COUNTY, ,.,,,,,,,~,;,,,,t„ t
TEXAS ACCORDING TO THE PLAT
RECOFZDED IN VOLUME 388-2, PAGE ~+-'t'ttoN
102, PLAT RECORDS, TAR RANT
COUNTY, TEXAS. 'nw ''"'t`
-`~5:~,% IaNRaMI f.~I1NfY, tttiJ
•
6000 WESTERN PLACE TELEPHONE: (817)332-2580
SUITE 200 Taylor Olsoa Adkins Sralla Elam TOLL FREE: (800) 318-3400
I-3O AT BRYANT-IRVIN ROAD 1, L P FACSIMILE: (81]~ 332-4740
FORT WORTH, ~XAS 7 6 1 07-116 5 4 DENTON: (940) 383-2674
AIL: TOASE C~TOASE.COM Attorneys ~ COU11SelOT'S DENTON METRO: (9]2) 434-3834
~BSITE: WWW.TOASE.COM
TIM G. SRALLA Certified Civil Appellate Law Specialist
extension 228 Texas Board of Legal Specialization
tsralla@toase.com ~ ,
Apri123, 2003 ~ t
~
C~~ O
Mr. James Quin ~l r--.~~
City Manager
City of Richland Hills
3200 Diana Drive
Richland Hills, Texas 76118
Re: Abandonment of alleyway addressed by the City Council
at the April 22, 2003 meeting
. Dear Jim:
I am enclosing the resolution authorizing you to execute a quitclaim deed abandoning the 25'
wide strip to A.P. Cady, along with the quitclaim deed. They are final and ready to be executed after
the City Council's approval at the May 13 meeting. After signing, please return the deed to me for
filing.
If you have any questions, please let me know.
Sincerely,
Tim G. Sralla
TGS:as
Enc.
W~Richland Hills\Letters\QuinV+bandonment of alley Way A.P.Cady.wpd
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