AUTHORIZING THE VACATING AND ABANDONMENT AND TRANSFER OF THE UNOPENED INTERSECTION OF BUILDING BLOCKS 129, 130, 135 AND 136 SPECIFICALLY KNOWN AS THE INTERSECTION OF UNOPENED PINE AND MADISON STREETS, 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 action is in the best interest of and serves the public purpose; and
WHEREAS, a +/-0.071 acre portion of the unopened intersection of Building Blocks 129, 130, 135 and 136 East of Main Street more commonly known as the intersection of Pine and Madison Streets, was 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 portion of the intersection of Pine and Madison Streets, at this time, is unimproved and not open to the public; and
WHEREAS, the City of Bastrop has received a request from one of the abutting property owners to consider vacating and abandonment of said portion of the intersection of Pine and Madison Streets and/or that Public Rights-of-Way; and
WHEREAS, the City of Bastrop has provided notification of the public hearing to all of the abutting property owners by certified and regular mail; 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; and
WHEREAS, the abandonment and vacating of said portion of the Street 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 portion of the Street for public use; and
WHEREAS, the City of Bastrop will retain a twenty (20) foot hike and bike trail easement across a portion of the intersection of Pine and Madison Streets and that the applicant be solely responsible for the related surveying and recordation of the easement in the Bastrop County Deed Records prior to the transfer of property; 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 the intersection of Pine and Madison 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 Pine and Madison 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 are 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 a twenty (20) foot hike and bike trail easement, as illustrated in Exhibit "B," which is attached hereto and is made a part of this ordinance for all purposes, be retained by the City of Bastrop and that such easement shall be surveyed at the sole cost of the applicant and promptly provided to the City for the City's filing of same in Real Property Records of Bastrop County, Texas.
Section 4: 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 5: 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 6: 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 22nd day of January, 2008.
READ and ADOPTED on Second Reading on the 12th day of February, 2008.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
"EXHIBIT "A"
DALE L. OLSON
Registered Professional Land Surveyor
711 Water Street Bastrop, TX 78602
Phone (512) 321-5476 * Fax (512) 303-5476
FIELD NOTES FOR A 0.071 ACRE TRACT IN THE CITY OF BASTROP, BASTROP COUNTY, TEXAS.
BEING a 0.071 acre tract or parcel of land out of and being a part of the City of Bastrop, as recorded in Plat Cabinet 1, Page 23A, Bastrop County Plat Records, and being a portion of Pine Street or Madison Street. Herein described tract or parcel of land being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found at the intersection of the north line of Pine Street with the west line of Madison Street, for the northwest corner of this tract. Same being the southeast corner of Building Block 130 (EMS).
THENCE crossing Madison Street with the north line of Pine Street, S 90 deg. 00 min. 00 sec. E; 55.55 feet to a 5/8 inch iron rod found for the southwest corner of Building Block 135 (EMS) , for the northeast corner of.this tract.
THENCE crossing Pine Street with the east line of Madison Street, S 00 deg. 00 min. 00 sec. E, 55.55 feet to a 5/8 inch iron rod found for the southwest corner of Building Block 136 (EMS),for the northwest, corner of this tract.
THENCE crossing Madison Street with the south line of Pine Street, N 90 deg. 00 min. 00 sec. W, 55.55 feet to a 5/8 inch iron rod set for the northeast corner of Building Block 29 (EMS), for the southwest corner of this tract.
THENCE crossing Pine Street with the west line of Madison Street, N 00 deg. 00 min. 00 sec. W, 55.55 feet to the POINT OF BEGINNING, containing 0.071 acres of land.
|
