The URL can be used to link to this page

Home My Public Portal AboutResolution 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 _ _ , ~d ~ • ,J°r~: /F ?s a' ~p Duo/c.~r.Ea r . TIDE... C/r>' a~ Q/GNL/LtJO /-1/G1 J /S n~nT USED QY SA/O C./rY IJ/ri//n1 3. <rN~) `lEi]ES, n.P CAO`r' U1LL ~EC~J/.u n7Z~. To 1T • 6 . vN1LL,v :1. CctaOf'~.e COT' 16c. ASB9, 111 s _ ~ Q ST ZS. o' ~f11/f/1TED ,~,e ~U7il~E .sT,~r ~ . T 5 - A .o , ° ti- LOT 4 i F~sr I I n L L Kc..(.icO? tIz i7~4 06.1.5 V C -B c r 0 •ti _ U i~ i / WE 5r 14/. So' h 4 ~ sLOCK irJ lalc ra,? GunIA?AnI T' Ibc. B1S7. F32. 4b / SE. ode. G_T- S 1.~ HOi/ENKAMP Ati+E. W E NDELL HANCOCK SURVEYOR S 1721 HALTOM ROAD FORT WORTH, TEXAS 7sil~ • 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 D,~ri~ ' !o•1G B5 , 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. • 1!161.; AUU! I.k„ nn ,\ddltion to C6 Li n( l+~alaunl lill.l l:+r + i fr:; 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. q c day of `cro ~ ~ 6~L%l'T3:U THI. _G.~~. G_.,_B rZ JB-' GRAPHSG SCALE ,;:i~: cAn-"~>' - 1"~40~ me s^nrE oY rE:;ns ~r„JyiJ r/ COUNTY OY 'IARRAti!' 1/' (r!' 0F. i'0.1 F. "E, [l+e under'~1!;ncd :nttho+.t; P + ic:+rru .1.7` . ...Dior' irstr ' to L'r the person vhnse n;nnr Ls th ri' a p3{ d 1r.dYed Cn me thaC hr executed tu. ~+c..- ti,. ~,,'c and +ru -i '~4 4p p ~,~~h ~ expressed. ! ~p~ "lJ ?•1 1pASg, C1VEF U9DCR !'Y IInSD .,SD Sf:A!. n!' Ufk l:; ,i.. y ~ v'I.TaQL,.t-_. W' F' ~ pp~Fpl 198 S . J t,+re r~ , , S I ~j/~". a ` ' Vii: lhts is Cn rertlf th.it tl i~ i, r'; a ~,n c _ , supety Mon. lion piny ~ i I .,r.. nt herd A[rn enc rouchmont r. prat ru ri~.i. VICII~ITY MAP ~CG.Ualu1L AaiO.. .n.1!. L~..ienJ~.•:•.. t` p In. 1' :i fy (.E tTxl .L I13C Y. !)wlALn/c_ •1~/(i 1'oiu..~.. r..:u • I, '8h dAN 16 ~ 1 ~ i~r 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 •