AUTHORIZING THE VACATING AND ABANDONMENT AND TRANSFER OF UNOPENED AUSTIN STREET BETWEEN SH 95 TO THE WEST AND PITT STREET (UNOPENED) TO THE EAST, UNOPENED GOVERNMENT STREET BETWEEN SH 95 TO THE WEST AND PITT STREET (UNOPENED) TO THE EAST, AND UNOPENED CLAY STREET BETWEEN GOVERNMENT STREET (UNOPENED) TO THE NORTH AND SH 71 TO THE SOUTH 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 ALL SURVEY, DEED AND LEGAL 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 actions is in the best interest of and serves the public purpose; and
WHEREAS, a +/-0.724 acre (55.55 ft X 567.57 ft) abutting Blocks, 105, 106, 115 and 116 (East of Main Street) more commonly known as Austin Street, a +/- 0.726 acre (56.04 ft X 234.08 ft and 55.55 ft X 333.33 ft) abutting Blocks 104, 105, 116 and 117 (East of Main Street) and a +/- 0.359 acre (55.27 ft X 283.27 ft) abutting Blocks 104 and 117 (East of Main Street) and Clay Street (unopened) between Austin Street (unopened) to the North and Government Street (unopened) to the south containing approximately 0.425 acre (55.55 ft X 333.33 ft) as granted to the City of Bastrop in its original founding land grant and this public street right-of way is owned in fee simple by the City of Bastrop and recorded in Plat Cabinet 1, Page 23A, of the Plat Records of Bastrop County, Bastrop, Texas; and
WHEREAS, said portions of Austin, Government and Clay Streets, at this time, are unimproved and not open to the public; and
WHEREAS, the City of Bastrop has received a request from the abutting property owners to consider vacating and abandonment of said portion of Austin, Government and Clay Streets and/or that Public Rights-of-Way; and
WHEREAS, the City's Planning and Development Department has reviewed and approved the proposed request, the City Council now finds that the utilities existing or that will exist in the future, in the area of the unopened streets, alleys, and/or public right-of-ways will be sufficiently protected by being either relocated or placed into easements and that the utility companies serving the area including and surrounding the right-of-way have determined that their utilities, if existing, will also be sufficiently protected by the same means.
WHEREAS, the abandonment and vacating of said portion of the Street will not affect the traffic flew 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 portion of the Street for public use; 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 portion of Austin, Government and Clay Streets be vacated and closed and abandoned, in favor of the request of the applicant, that they be responsible for all surveying, deeds and recording to transfer the property to themselves, and that the applicant be solely responsible for timely recording in the Bastrop County Deed Records: and
WHEREAS, the City Council has determined that it is in the best interest of all the citizens of the City of Bastrop, Texas, that the applicant agree to pay fair market value for the portion of Austin. Government and Clay Streets that will be abandoned and vacated and transferred to them, as required by State law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:
Section 1: That the following described portion of a Street, and/or Public Right-of-Way, as illustrated in Exhibit "A," which is attached hereto, and are made a part of this ordinance for all purposes, be, and the same are hereby abandoned, vacated and closed insofar as the right, title or easement of the public is concerned.
Section 2: That said portions of Streets, Alleys, and/or Public Right-of-Ways are not needed for public roadway purposes and it is in the public interest of the City of Bastrop to abandon said described portions of the Street, Alley, and/or Public Right-of-Way for use as roads and roadways.
Section 3: That the City Manager is hereby authorized and directed to convey and transfer by quitclaim feed for fair market value the interest of the City of Bastrop, Texas, in and to the said Street 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 shall be deposited in the street maintenance fund of the City of Bastrop as is required by provisions of the State law as set forth in the Local Government Code, Section 253.001, as amended.
READ and ACKNOWLEDGED on First Reading on the 8th day of January 2008. READ and ADOPTED on Second Reading on the 29th day of January 2008.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
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