AUTHORIZING THE
VACATING AND ABANDONMENT OF A STREET, ALLEY, AND/OR PUBLIC RIGHTS-OF-WAY,
OR A PORTION THEREOF; PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH
THEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED,
DIRECTING THAT THE BENEFICIARIES OF THE ABATEMENT PAY ANY APPLICABLE
SURVEY, DEED AND OTHER COSTS RELATED TO THE ABANDONMENT; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS,
the City of Bastrop, Texas, as a city incorporated and operating under
the laws of the State of Texas, has the authority under Chapters 282
and 253 of the Local Government Code, as amended, to vacate and abandon
and close municipal rights-of-way, streets or alleys, by ordinance,
when such action is in the best interest of and serves the public
purpose, and
WHEREAS,
a 13-foot wide alley in Farm Lot No. 8, East side of Main Street,
appears from existing deed records to previously have been dedicated
to the City of Bastrop; and
WHEREAS,
said Alley traverses from north to south through the entire length
of Farm Lot No. 8, East side of Main Street; and,
WHEREAS,
the City of Bastrop has received a request from the abutting property
owners to consider vacating and abandonment of said Alley and/or any
Public Rights-of-Way; and,
WHEREAS,
all of the owners of record abutting the above-mentioned alley have
executed Release Forms releasing the City of Bastrop from any and
all damages arising out of the vacating and abandonment of said Alley;
and,
WHEREAS,
upon considering the request and additional information pertaining
to the request, the City Council now finds that the utilities existing,
or that will exist in the future, in the area of the Alley and/or
Public Rights-of-Way will be sufficiently protected by being either
relocated or placed into easements provided to the City of Bastrop
and that the utility companies serving the area including and surrounding
the Alley and/or Public Rights-of-Way have determined that their utilities,
if existing, will also be sufficiently protected by the same means;
and
WHEREAS,
the abandonment and vacating of said Alley will not affect the traffic
flow or pattern in the area, and the City Council finds that it is
in the best interest of the City to abandon, vacate and close said
Alley for public use, since it is no longer used for vehicular traffic;
and
WHEREAS, the City Council of the City of Bastrop,
Texas, finds and declares that it is in the best interest of all of
the citizens of the City of Bastrop, Texas that said Alley be vacated
and closed and abandoned, in favor of the request of the abutting
property owners, and they be responsible for any applicable surveying,
deeds and recording costs to transfer the property to the abutting
property owners, if any.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP THAT:
Section 1. That
the following described portion of a Street, Alley, and/or Public
Rights-of-Way, as shown on Exhibit "A," attached hereto
and made a part of this ordinance for all purposes, be, and the same
is hereby abandoned, vacated and closed insofar as the right, title
or easement of the public is concerned, save and except for any past,
present, and future utility easement shown on Exhibit "A"
or that will be granted by the abutting property owners to the City,
as listed in Exhibit "B," shall be and remain with the City.
Section 2.
That said portion of the Alley and/or Public Rights-of-Way is not
needed for public roadway purposes and it is in the public interest
of the City of Bastrop to abandon said described portion of the alley
right-of-way for use as a road and roadway, but reserving the past,
present and future utility easements for the City.
Section 3.
That the City Manager is hereby authorized and directed to convey
by quitclaim deed the interest of the City of Bastrop, Texas, in and
to the said Alley and/or Public Rights-of-Way, except for any past,
present, or future utility easement belonging to the City.
Section 4. That the abandonment provided for herein
shall extend only to the public right and title in and to the tracts
of land described in Section 1 of this Ordinance, and shall be construed
only to that interest the governing body of the City of Bastrop may
legally and lawfully abandon.
Section 5.
The consideration for said abandonment, if any, shall be deposited
in the street maintenance fund of the City of Bastrop as is required
by provisions of the Local Government Code, Section 253.001, as amended.
READ and ACKNOWLEDGED on First Reading on the 8th day of February
2005.
READ and ADOPTED on Second Reading on the 22°d day of February
2005.
APPROVED:
Tom Scott, Mayor
ATTEST:
Teresa Valdez, City Secretary
APPROVED AS TO FORM:
Jo-Christy Brown
Brown & Carls LLP
City Attorney
EXHIBIT B
LIST OF ABUTTING PROPERTY OWNERS
1. PROPERTY R29687
CAROLINE FLORES
2309 N. Main
Bastrop, TX 78602
2. PROPERTY R29791
BENITA RODRIGUEZ
2911 Overdale
Austin, TX 78723
3. PROPERTY R29831
CLEMENTINA RODRIGUEZ
819 SW 42nd St.
San Antonio, TX 78237
4. PROPERTY R29735
BERNICE HUNTER c/o PATRICIA MIMS
331 Linkwood Dr.
Duncanville, TX 75137
5. PROPERTY R29799
JANIE RODRIGUEZ
3567 Gum Tree Dr.
San Jose, CA 95111
6. PROPERTY R47913
JULIA & ELIAS GONZALES
2310 Water
Bastrop, TX 78602
7. PROPERTY R29671
A.C. & WILLIE B. CRANEY
P.O. Box 351
Bastrop, TX 78602
8. PROPERTY R29807
EARLINE SIMMS ESTATE c/o LULA BELL SIMMS
2301 Main Street
Bastrop, TX 78602
9. PROPERTY R29847
WADE WILLIAMS c/o JOANN MOORE
704 Magnolia St.
Bastrop, TX 78602
