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Home My Public Portal AboutResolution No. 210.4-04 02-10-2004 RESOLUTION NO. 210.4-04 • A RESOLUTION REVOIflNNG PREVIOUS RESOLUTION; VACATING AND ABANDONING FEE INTEREST IN THE SURFACE IN A PORTION OF AN ALLEYWAY ACQUIRED BY THE CITY THROUGH DEDICATION BY PLAT, DECLARING THAT A FEE INTEREST IN THE SURFACE OF SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; RETAINING AN UNDERGROUND AND OVERHEAD EASEMENT AND REQUIRING THE PROPERTY OWNER TO WHOM THE PROPERTY IS ABANDONED TO CONVEY AN UNDERGROUND AND OVERHEAD EASEMENT TO THE CITY AND TO OTHER UTILITY PROVIDERS; 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 on January 27, 2004, passed a resolution authorizing the city manager to abandon said alleyway in its entirety with certain conditions and limitations; and W HEREAS, the city manager and city attorney have now reported that abandonment of such alleyway in its entirety is not reasonably feasible at this time, and, based on those reports, the City Council has now concluded that only a portion of such alleyway should be abandoned; and WHEREAS, the City Council of the City of Richland Hills, after careful study and consideration, has determined that the southern half of the surface estate of the subject alleyway that abuts Lot 1R1, Block 81, Richland Hills Addition to the City of Richland Hills, as recorded in Volume 388-2, Page 889 of the Plat Records of Tarrant County, Texas, 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 carefill study and consideration, has determined that the sub-surface and overhead estates of the subject alleyway are useful and convenient to the City or its citizens, and the public in general; and do benefit the citizens or taxpayers, in that it provides a route for the conduct of various utilities, and in fact do currently contain various utility facilities; and WHEREAS, the City Council of the City of Richland Hills, after careful study and consideration, has determined that the City should preserve its rights to the sub-surface and overhead estates, and an access easement in the surface estate; and WHEREAS, the City therefore desires to release any title, ownership and control of the fee interest in the surface estate of the southern half of such alleyway abutting Lot 1R1, Block 81, Richland Hills Addition to the City of Richland Hills, as recorded in Volume 388-2, Page 889 of the Plat Records ofTarrant County, Texas, to the owner ofthe abutting property, and retain an easement in the sub-surface and overhead estates of the subject alleyway, including a right of access; and WHEREAS, the City therefore should both (1) 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; and (2) require that the owner of the abutting property, specifically, Lot 1R1, Block 81, Richland Hills Addition to the City • RESOLUTIOi`1 ABANDONIYG ALLEYWAY Page 2 C:'~Doeuments and Settings`lkennedy.RICHHILLS.0001Loca1 Settings~Temporary Internet Files\OLKCT~ lbandonment of portion of alleyway to Strain Plumbuig.wpd of Richland Hills, as recorded in Volume 388-2, Page 889 of the Plat Records of Tarrant County, • Texas, provide the City with a special warranty deed back to the City granting the City an easement in the sub-surface and overhead estates, with a surface access easement, contemporaneously with the City's abandonment of that portion of the alleyway; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. REVOCATION OF PREVIOUS RESOLUTION The Resolution of the Council authorizing the City Manager to abandon the entire alleyway described on the attached Exhibit "A," which resolution was passed by the Council on January 27, 2004, is hereby revoked. SECTION 2. • CONTINGENT ABANDONMENT AND VACATION OF ALLEYWAY Subject to the conditions and contingencies described herein, the City hereby vacated and abandoned as public property all that certain portion of the alleyway recorded in V olume 3 88-2, Page 889 of the Plat Records of Tarrant County, Texas, and shown on the attached Exhibit "A," which is described as follows: Beginning at a 'h inch capped steel rod stamped "LBS" found on the northerly boundary line of Block 81, Richland Hills Addition to the City of Richland Hills, and on the easterly boundary line of Lot 1R1 of such Block 81, which point is shown on the attached Exhibit "A," THENCE South 89 degrees 56 minutes 00 seconds West, 106.48 feet; THENCE North 00 degrees 16 minutes 38 seconds West, 14.88 feet to the mid-way point of said alleyway; THENCE North 89 degrees 56 minutes 00 seconds East along the mid-way line of such alleyway, 106.48 feet to a point 14.88 feet north ofthe northerly boundary line of such Block 81 and in line with the easterly boundary line of Lot 1R1 of Block 81; THENCE in a southerly direction to the point of beginning. • RESOLUTION ABANDONING ALLEYWAY Page 3 C:\Docume[rts and Settings~lkennedy.RICHHILLS.0001L,oca1 Settings\Temporary I:rtemet Files\OLICC'T~Abandanment ofportion of alleyway to Strain Plumbing.wpd Such portion of the alleyway 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 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 to the adjoining property owner as permitted by law. SECTION 3. RESERVATION OF UNDERGROUND AND OVERHEAD EASEMENT The City reserves and excepts from this abandonment, however, 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. SECTION 4. REQUHtEMENT OF SPECIAL WARRANTY DEED GRANTING UNDERGROUND AND OVERHEAD EASEMENT The vacation and abandonment of the above-described property is conditioned and is contingent upon the execution by the owner of Lot 1R1, Block 81, Richland Hills Addition to the City of Richland Hills, as recorded in Volume 388-2, Page 889 of the Plat Records of Tarrant County, Texas, and delivery to the City Manager of a special warranty deed granting the City an . RESOLUTION ABANDONING ALLEYWAY Page 3 C `Documents and Settings`lkennedy.RICHHILLS.000 ~Lvcal SettingslTamporary Internet Files!.OLIiC'PAbandonntent of portion of alleyway to Strain Plumbing.wpd • easement as described herein in the property being abandoned, and further agreeing to, at the request of the City, grant to other utility providers, at no cost, such an easement In such property. The required easement to the City shall be 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. Such abandonment is also conditioned and contingent upon the owner of Lot 1R1 of Block 81 agreeing that they 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, which agreement shall be a covenant running with the land. Such abandonment is also conditioned and contingent upon the owner of Lot 1Rl of Block 81 agreeing to convey, at the request of the City, the same easement to other utility providers who desire access to such property, and to execute any other documents necessary to accomplish this purpose, which agreements shall be covenants running with the land. SECTION 5. 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 property owners regarding payment of the costs for such work, and to execute any documents • RESOLUTION ABANDONING ALLEYWAY Pxge 5 C:!Documents and SettingsVkennedy.RICHHILLS.000''~L,ozal Settings\Temporary Intemei Fi1zs~OLItCT.-abandonment of portion of alleyway to Sirain Plumbing.wpd 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 6. EFFECTIVE DATE This resolution shall be effective immediately upon adoption. Approved this 10 day of February , ~flE}~- 2004 T HONORABLE NELDA STRODER, MAYOR 9ysa~te~t~i ~x Attest: !J E °T, ~ _ O ~ I~~~w ~1 i~-a l • SUTTER, CITY SECRETARY ~ Ap oved a o rm and legality. ~ s. ; , CITY ATTO Y • RESOLUTION ABANDONING ALLEYWAY Page 6 C:'~.Doc~uments and Settingslkennedy.RICHHILLS.000'~Local SettingslTennporary Internet Filas ~OLIiC7_~lbandonment of pennon of alleyway to Strain Plumbing.wpd