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HomeMy WebLinkAboutResolution No. 83-?? - WHISPERING PINES ROW DEEDS • ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE VACATING, CLOSING, AND ABANDONMENT AS A PUBLIC STREET OF THAT PORTION OF WINDING WAY STREET FROM F.M. 518 TO WHISPERING PINES STREET WITHIN THE CITY LIMITS OF THE CITY OF FRIENDSWOOD, TEXAS ; FINDING THAT THE CITY, WITH THE CONCURRENCE OF ADJACENT PROPERTY OWNERS, AGREED TO RELINQUISH SAID STREET PORTION IN EXCHANGE FOR ADDI- TIONAL RIGHT-OF-WAY ON F.M. 518 TO IMPROVE ACCESS BY ALL PROPERTY OWNERS PREVIOUSLY SERVED BY SAID STREET PORTION; FINDING THE CLOSURE OF SAID STREET PORTION TO HAVE BEEN ORIGINALLY REQUESTED BY THE ADJACENT PROPERTY OWNERS; FINDING THAT TO CONTINUE SAID STREET PORTION CONSTITUTES A TRAFFIC HAZARD TO TRAFFIC ON F.M. 518 WITHIN THE CITY OF FRIENDSWOOD, TEXAS ; FIND- ING THAT THE ORIGINAL PURPOSE OF SAID STREET PORTION IS NOW PROPERLY SERVED BY OTHER THOROUGHFARES ; FINDING THAT ALL ADJACENT PROPERTY OWNERS WILL RETAIN SUFFI- CIENT REASONABLE ACCESS FOR THEIR PROPERTIES ; FINDING THAT THE CONTINUED MAINTENANCE OF SAID STREET PORTION SERVES NO PUBLIC PURPOSE; FINDING THAT ABANDONMENT OF SAID STREET PORTION WILL BENEFIT THE PUBLIC HEALTH, SAFETY, AND WELFARE; MAKING OTHER FINDINGS AND PROVI- SIONS RELATED TO THE SUBJECT; AND DECLARING THE CON- TINUED EXISTENCE OF SAID PORTION OF WINDING WAY STREET AS A PUBLIC STREET TO BE A PUBLIC NUISANCE. WHEREAS, the City Council of the City of Friendswood , Texas , finds and determines that an improvement to F.M. 518 within the city limits of the City of Friendswood was under- taken by the Texas Department of Highways and Public Transpor- tation subsequent to 1978 to eliminate a hazardous intersection of the then existing extension of Whispering Pines Street (said extension hereinafter referred to as "a portion of Winding Way Street") with F.M. 518; and , WHEREAS, the City Council of the City of Friendswood finds and determines that said improvement to F.M. 518 was undertaken only after the City provided additional right-of-way for F.M. 518 which enabled said improvement to be undertaken by the State Department of Highways and Public Transportation; and , WHEREAS, the City by official action in 1978 agreed , with the then concurrence of the adjacent property owners , to relinquish that portion of Winding Way Street adjacent to F.M. 518 (as more particularly described herein) in exchange for additional right-of-way property from an adjacent property owner to cause the expansion and improvement of F.M. 518; and , WHEREAS, the City Council of the City of Friendswood finds and determines that the City undertook said exchange of property acting in reliance on the original request of the adjacent property owners to abandon said portion of Winding Way Street to enable the improvement of F.M. 518 and the ultimate extension of Whispering Pines Street ; and , WHEREAS, the City Council of the City of Friendswood finds and determines that the continued use and access of said por- tion of Winding Way Street as a public thoroughfare perpetuates a dangerous intersection and represents a hazard to traffic on F.M. 518 for which adequate and safe provision has been made by improvements to Whispering Pines Street ; and , WHEREAS, the City Council of the City of Friendswood finds and determines that the original purpose of said portion of Winding Way Street as a public access and thoroughfare has been supplanted by improvements to Whispering Pines Street and F.M. 518 ; and , WHEREAS, the City Council of the City of Friendswood finds and determines that all property owners originally served by said portion of Winding Way Street , including those immediately adjacent to said portion, will retain more than sufficient access to public streets following abandonment of said street portion and that no property owner will be deprived of reason- able access by such abandonment ; and , WHEREAS, the City Council of the City of Friendswood finds and determines that the continued maintenance by the City of said portion of Winding Way Street serves no public purpose and is an unnecessary and unreasonable expense of public funds ; and , WHEREAS, the City Council of the City of Friendswood finds and determines that abandonment of said portion of Winding Way Street will benefit the general public health, safety, and welfare ; and , WHEREAS, the City Council of the City of Friendswood finds and determines that the City, as a home-rule city, is author- ized pursuant to Article 1175(18) Vernon ' s Revised Civil -2- Statutes Annotated and Section 2. 04 of the City Charter to regulate, control, close, vacate and abandon streets within the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS : Section 1. The findings stated above are hereby in all things confirmed , ratified , and adopted . Section 2. The City Council hereby finds and determines that the continued use of that portion of Winding Way Street described in Exhibit "A" hereto as a public street and thoroughfare constitutes a public nuisance. Said Exhibit "A" attached hereto is made a part of this Ordinance for all purposes. Section 3. That portion of Winding Way Street , as more particularly described in Exhibit "A" hereto, is hereby in all things closed , vacated , and abandoned as a public street and thoroughfare of the City of Friendswood, Texas , and the City Manager , or his designee, is hereby authorized to undertake any and all measures necessary to effectuate the closing, vacating, and abandonment of that portion of Winding Way Street described in Exhibit "A" herein. PASSED AND APPROVED on first reading, this the day of August, 1983. PASSED AND APPROVED on second reading, this the day of , 1983. PASSED, APPROVED AND ADOPTED on third and final reading, this the day of , 1983. Mayor ATTEST: City Secretary -3-