Loading...
HomeMy Public PortalAboutResolution No. 209.1-04 01-27-2004 • RESOLUTION NO. 209.1-04 A RESOLUTION VACATING AND ABANDONING FEE INTEREST IN THE SURFACE IN AN ALLEYWAY OWNED BY THE CITY ACQUIRED BY THE CITY THROUGH DEDICATION BY PLAT, CONDITIONED UPON OBTAINING AND RETAINING AN UNDERGROUND AND OVERHEAD EASEMENT; DECLARING THAT A FEE INTEREST IN THE SURFACE OF 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 believes that it has acquired through dedication by plat a 30 foot alleyway, which is described on Exhibit "A" attached hereto and incorporated herein for all purposes; and • WHEREAS, the City Council of the City of Richland Hills, after careful study and consideration, has determined that the surface estate of the subject alleyway 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 and mowing, 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 benefitted by its vacation and abandonment; and WHEREAS, the City Council of the City of Richland Hills, after careful study and consideration, has determined that the sub-surface and overhead estates of the subject alleyway is useful and convenient to the City or its citizens, and the public in general; and does benefit the citizens or taxpayers, in that it provides a route for the conduct of various utilities, and in fact does • currently contain various utility facilities; 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 an easement in said property for such purposes, and retain the right to enter the property being abandoned, and conduct such operations as is necessary for the perpetual enjoyment of the estates being retained; WHEREAS, the City therefore desires to release any title, ownership and control of the fee interest in the surface estate of said alleyway currently owned by the City, and obtain and retain an easement in the sub-surface and overhead estates of the subject alleyway, including a right of access; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. • ABANDONMENT AND VACATION OF ALLEYWAY Any fee interest owned by the City in the surface estate of the alleyway described in Exhibit "A" and attached to this Resolution should be vacated and abandoned as public property, after obtaining a permanent and perpetual underground and overhead easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating utility facilities under and over all that land being abandoned. The easement for the surface estate 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 the surrounding property as a needed economic development project which is expected to bring substantial benefit to the City. Such alleyway thus constitutes a public charge without a corresponding benefit, and the public and the City would be better served and • RESOLUTION ABANDONING ALLEYWAY Page 2 C:ADOCUMENTS AND SETTINGSUCSUTTER\L,OCALSETIINGS\TEMPORARY INTERNET FILES\OLKSA\RESOLUTION ABANDONING ALLEYWAY TO STRAIN PLUMB[NG AND RESIDENTIAL OWNERS.WYD • benefitted by its vacation and abandonment to the adjoining property owners as permitted by law. Therefore, the City Manager is instructed to execute, after first obtaining a quitclaim deed to the utility easement described in Section 2 below, a quitclaim deed conveying any fee interest owned by the City in the surface estate of the alleyway described in Exhibit "A" to the original owners, or their successors-in-title, as their interests may appear. SECTION 2. RESERVATION OF UNDERGROUND AND OVERHEAD EASEMENT The City Manager is further instructed to reserve in the quitclaim deed executed by the City a permanent and perpetual underground and overhead easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating utility facilities under and over all that land being abandoned, 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 determined advisable by the City Council, provided that the City or its assignee shall restore the surface of the property to the same or better condition as existed prior to such entry into the easement, 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 temporary or permanent structures in, across or upon the easement retained and reserved as described herein which interfere with the easement reserved and retained as described herein. 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 provide for surveys and re-platting of the property if required, to negotiate with the adjoining • RESOLUTION ABANDONING ALLEYWAY Page 3 C:\DOCUMENTS AND SETT[NGS\KSU'rTER\LOCALSETTINGS\TEMPORARY INTERNET FILES\OI,KSA\RESOLUTION ABANDONING ALLEYWAY TO STRAIN PLUMBING AND RESIDENTIAL OWNF,RS.WPD • property owners regarding payment of the costs for such work, to execute a quitclaim deed as described herein to those persons who own the adjoining real property as permitted bylaw, and to execute any other documents necessary to accomplish the abandonment of such alleyway as authorized herein, and the reservation and retention of the easement described herein, and to file such documents as necessary with the County Clerk of Tarrant County, Texas. SECTION 4. EFFECTIVE DATE This resolution, being passed by a unanimous vote of the City Council, shall he effective immediately upon adoption. Approved this 27 day of January ~ 2004 ~~~~IUUUUiii~,,~~ ~ : ~ - • ~ O : `:'J? ; THE ONORABLE NELDA STRODER, MAYOR Attest: ~ _ ~ 1 y ~ • ~ ~ ~ ' ````~o. BUTTER, CI CRETARY A proved s t form and legality: CITY ATTORNEY • RESOLUTION ABANDONING ALLEYWAY Page 4 C:\DOCUMENTS AND SETTINGS\KSUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKSA\RESOLUTION ABANDONING ALLEYWAY TO STRAIN PLUMBING AND RF,SIDENTIAL OWNERS.WPD