AN ORDINANCE PROVIDING FOR ABANDONMENT AND CLOSING OF THE FOLLOWING IMPROVED ALLEY SEGMENT, TO WIT: 6,125 SQUARE FEET OF THE IMPROVED PUBLIC RIGHT-OF-WAY (ALLEY) LYING BETWEEN LOTS 5-11, BLOCK 1 IN THE LEON HEIGHTS ADDITION AND LOTS 5-11, BLOCK 1 IN THE MINEOLA HEIGHTS ADDITION FROM HUDSON STREET TO NORTH BRYANT BOULEVARD. IN SAN ANGELO, TOM GREEN COUNTY; AUTHORIZING CONVEYANCE THEREOF BY QUITCLAIM DEED TO ABUTTING PROPERTY OWNERS; AND PROVIDING TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE. RE: Abandonment of 6,125 square feet of the improved public right-of-way alley, lying between Lots 5-11, Block 1 in the Leon Heights Addition and Lots 5-11, Block 1 in the Mineola Heights Addition from Hudson Street to North Bryant Boulevard WHEREAS, the City Council of the City of San Angelo, acting pursuant to law, deems it advisable to abandon and convey the herein described tract of land to the abutting property owner(s) and is of the opinion that said land is not needed for public use, and that same should be abandoned and quit claimed to the abutting property owner(s) as hereinafter provided; and WHEREAS, the City Council of the City of San Angelo is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying said tract of land to the abutting property owner(s), subject to the conditions and restrictions contained herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: Section 1. Section 2. Section 3. Section 4. That the tract of land located in the City of San Angelo, Tom Green County, Texas, described and depicted in Exhibit A, attached hereto and made a part hereof for all purposes, be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned; subject however, to the conditions and restrictions hereinafter more fully set out. That the abandonment and conveyance provided for herein is made and accepted subject to all present zoning and deed restrictions, if the latter exist, and all existing easements, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise. That the abandonment and conveyance provided for herein shall extend only to the public right, title, easement and interest and shall be construed to extend only to the interest which the governing body for the City of San Angelo may legally and lawfully abandon and vacate. That as a condition of this abandonment and as part of the consideration for the quitclaim deed authorized under this Ordinance, the Grantee(s) shall: 1
a) pay all reasonable costs associated with procedures necessitated by the request to abandon the right-of-way authorized to be abandoned; b) pay $, representing 25% of the assessed taxable value of the tract abandoned, at the per square foot assessed fair market value determined by the Tom Green County Appraisal District for 2015, of the adjacent parcel west of the abandoned tract, plus the recording fee for this ordinance of $ and recording fee for quitclaim deed of $ ; and c) Prior to the issuance of any building permits affecting the tract of land abandoned, file a final Replat of the abandoned tract combining it with the land immediately abutting the said alley, being Lots 5-11, Block 1 in the Leon Heights Addition and Lots 5-11, Block 1 in the Mineola Heights Addition from Hudson Street to North Bryant Boulevard, as depicted on Exhibit A. Section 5. Section 6. Section 7. That the terms and conditions contained in this ordinance shall be binding upon Grantee(s) and assigns. That the Mayor of the City of San Angelo is hereby authorized to execute and, upon receipt of the consideration provided for at Section 4, herein, deliver a quit claim deed conveying the tract abandoned as described in Exhibit A, to the abutting property owner(s). That the City Clerk is hereby authorized and directed to certify a copy of this adopted ordinance for recordation in the official real property records of Tom Green County, Texas, wherein the abandoned property is located. INTRODUCED on the day of, 2016, and finally PASSED, APPROVED AND ADOPTED on this the day of, 2016. THE CITY OF SAN ANGELO Dwain Morrison, Mayor 2
ATTEST: Bryan Kendrick, City Clerk Approved As To Form: Theresa James, City Attorney 3
Exhibit A Page 1 of 2 4
Exhibit A Page 2 of 2 5