HomeMy WebLinkAboutCity Council Resolutions (R-93-870)-03/02/1993
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RESOLUTION NO: 1<, q3- rg10
WHEREAS, the City of Colleyville is a home-rule municipal corporation; and
WHEREAS, as a home-rule municipal corporation, the City of Colleyville has the
power to close and abandon public roadways; and
WHEREAS, the City Council of the City of Colleyville deems it is in the best
interest of the citizens of the City to close or abandon Caldwell-
Hughes Road as provided herein,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1:
THAT, Caldwell-Hughes Road, lying South of the DART Right-of-
Way, the center line of said road being described in Exhibit "A"
hereto, which is incorporated herein for all purposes, be and the
same is hereby closed and abandoned as a public roadway; provided,
however the City of Colleyville specifically retains and does not
abandon any easement of any nature on the abandoned roadway,
including, but not limited to, utility easements, access easements,
construction easements, maintenance easements, sewer easements
and drainage easements.
Sec. 2:
THAT the closing and abandonment of the street pursuant to
Section 1 hereof is conditioned upon the execution of a release in a
form satisfactory to the City by the land owners adjacent to the
roadway, or so many of them as the City may determine, releasing
the City of Colleyville from any and all damages, including damages
in the nature of condemnation or inverse condemnation, as a result
of the closing and abandonment of said street.
Sec. 3:
THAT the closing and abandonment of the aforesaid street shall be
effective only upon certification by the City Manager of the City that
conditions set out in Section 2 hereof has been met.
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AND IT IS SO RESOLVED.
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Passed by a vote of ..s- to
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Marth
, 1993.
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ATTEST:
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on this c2tt} day of
CITY OF COLLEYVILLE
CltJ aJ--
Richard Newton, Mayor
APPROVED AS TO LEGAL FORM:
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City Attorney
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STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
RELEASE
WHEREAS, the undersigned has requested that the City close and
abandon Caldwell-Hughes Road, lying south of the DART right-of-way
as provided in Resolution Number: R-93-870 of the City of
Colleyville a true and correct copy of which is attached hereto as
Exhibit "A"; and
WHEREAS, the City of Colleyville has agreed to close and
abandon the Caldwell-Hughes Road as provided in said Resolution,
provided the City receives from affected parties releases
concerning any damages arising from said act; and
WHEREAS, the undersigned gives this Release as an inducement
to and for the purpose of the City's consideration in closing and
abandoning the Caldwell-Hughes Road as provided in said Resolution.
NOW, THEREFORE, for and in consideration of $10.00 and other
good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the undersigned, whether one or more,
hereby releases, discharges and quit-claims the City of
Colleyville, its agents, servants and employees, and each of them,
from any and all claims or causes of action, whether now existing
or which may accrue in the future, concerning or in any manner
arising from or as a result of the action of the City of
Colleyville in closing and abandoning Caldwell-Hughes Road, lying
south of the DART right-of-way within the City of Colleyville,
including, without limitation, all damages in the nature of
condemnation or inverse condemnation.
EXECUTED on the
/ '?,d.
day of
.#1 tf-If e..//
191..1....
OWNERS~~ ~~ff
SUSAN SCOTT, et vir GREG SCOTT
~~"/~l~~~~~
7I~HLER, et ux BONNEL EGGSPUE
F~t!~
~~\; 01Uv ~,(/
LIZABETH ANN WALLER as Independent Executrix of the Estate of
ANNIE TINKER
BEFORE ME, the undersigned authority, on this day personally
appeared SUSAN SCOTT, et vir GREG SCOTT, and known to me to be the
persons whose names are subscribed to the above and foregoing
instrument and acknowledged to me that they executed the same for
the purpose and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 1<:(' ~ day of
/J'lnl!.. , 1993.
..
..~',~t'''';:;~;;$
Yj'" '"JivlMISSION EXPIRES
-~: ,~"T~MBER 13, 1993
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~~~
NOTARY PUBLI
My commission Expires: 9h 3 /~3
BEFORE ME, the undersigned authority, on this day personally
appeared KRIS EGGSPUEHLER, et ux BORREL EGGSPUEHLER, and known to
me to be the persons whose names are subscribed to the above and
foregoing instrument and acknowledged to me that they executed the
same for the purpose and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the /g..d day of
/1!1I~(!1I , 1993.
:;....... ~~~..~~,...-...."'~'~
"_-~l'\i\"P."\"
.~ ~.,.. I ,..~@, JANET E, HOFSTROM
~tJ j.~ COMMISSION EXP!RES
~ Vftt~,.......:".# SEPTEMBER 13, 1993
#~~:-~.:::,,~~--
~'Lcd/~
NOTARY PUBL C
My Commission Expires: ~:3 / 9 ~
~
BEFORE ME, the undersigned authority, on this day personally
appeared JEAltBE PATTERSON, and known to me to be the persons whose
names are subscribed to the above and foregoing instrument and
acknowledged to me that they executed the same for the purpose and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the /fS.d day of
~~/~ , 1993. '
~
~~
. NOTARY PUBLI,
My commission Expires: fJ'~/93
, ......-~-
.fOFSTROM $
"ON EXPIRES
"tR 13. 1993
;..-.;.....;."'-,.~
BEFORE ME, the undersigned authority, on this day personally
appeared ELIZABETH AmI WALLER as Independent Executrix of the
Bstate of AHHIB TINKER, and known to me to be the persons whose
names are subscribed to the above and foregoing instrument and
acknowledged to me that they executed the same for the purpose and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the I gd day of
OlI'llU..H , 1993.
,'.......~\.>:;~~-;"~... -..,-,.." -""-""''''''- "~
14f:~v,' ..,.~~{~~ JANET E. HOFSTROM
l~<~ . 1.~ COMMISSION EXPIRES
I,...., ..';"'1 TS:
; "~1~/....';,,'IY' SEP. ..MBER 13. 1993
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. ROTARY P ~C
My Commission Expires: ~~~/9 3
2-12-93
CENTERLINE OF CALD~lELL-HUGHES ROAD
COLLEYVILLE, TARRANT' COUNI'Y, TEXAS
The following described tract or ~rcel of land being the
centerline of Caldwell-Hughes Road situated in the A.J. Lott
Survey, A-963, Tarrant County, Texas and being lOClre particularly
described as follows:
BEGINNING at the intersection of the centerline of said
Caldwell-Hughes Road wi th th.: North line of Tinker Road and
being N 890 00' E a distance of 25.7 feet and S 10 00' E a
distance of 2.57 feet fran an iron rod at the Southeast corner
of Lot 21, Block 2, JElj'JELL ESTATES, an addition to the City of
Colleyville, Tarrant County, Texas according to plat recorded on
Page 75 of Volume 388-170 in the Tarrant County Plat Records;
~iENCE N 10 00' W along the centerline of said Caldwell-Hughes
Road a distance of 1293.32 feet;
THENCE N 00 02' 46" E a distance of 930.12 feet to the South
right-of-way line of S.L. & S.W. Railroad.
EXHIBIT A
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