Resolution 80-81-04-02
RESOLUTION NO. 80-81-4-2
WHEREAS, an error was made many years ago during the con-
struction of Fleming Street west of Cotton Belt Avenue, resulting
in an offset in the pavement from the centerline of the street
right-of-way, and
WHEREAS, the apartment building at 300 South Cotton Belt
encroached approximately six feet onto the Fleming Street right-of-
way, and
WHEREAS, a small storage building was inadvertently con-
structed almost entirely upon the dedicated alley located south of
Fleming Street and west of and parallel to Cotton Belt Avenue, and
WHEREAS, the present owner of the property wishes to
correct the previous errors and to clear any legal cloud upon the
title to the property, and
WHEREAS, the City Council of the City of Wylie, after a
comprehensive discussion of the problems in regular Council Session,
and after careful consideration of the various methods by which the
several problems might be corrected, and with due consideration to
the needs of the City for future development of land adjacent to and
west of subject property, and
WHEREAS, the City Council desires to declare its intent to
cooperate with the current property owner to perfect title to the
property without prejudice to the public interest in future land
developments; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
Section 1. That the Mayor be, and he is hereby authorized
to execute a Quitclaim Deed to the right-of-way of Fleming Street
as it is presently designated on the City of Wylie map prepared
by Hogan and Rasor, Inc. of Dallas in December, 1979 and more
specifically described as follows: Extending west from the west
right-of-way line of Cotton Belt Avenue for a distance of approxi-
mately 171 feet as measured along the south right-of-way line of
Fleming Street. The Quitclaim Deed will favor Mr. Richard Parker,
the current owner of property adjacent to and located along both
the north and south side of Fleming Street. In exchange for this
Quitclaim Deed, Mr. Richard Parker will execute a warranty deed
in favor of the City for a new Fleming Street right-of-way extend-
ing west of Cotton Belt Avenue approximately 171 feet, but extend-
ing 25 feet both north and south of the centerline of the paved
section of Fleming Street, providing a 50 foot right-of-way.
Section 2. That the City Council hereby grants a variance
to the present owner, and to future owners, of the apartment build-
ing designated as 300 South Cotton Belt Avenue, as the building
now exists, for the minor encroachment of that building a few
feet into the area normally reserved for a side yard.
Section 3. That the City Council will not require the
storage building presently occupying a portion of the north-south
alley west of Cotton Belt Avenue to be removed from the alley until
it has served its purpose, provided Mr. Richard Parker will convey
to the City a ten foot wide strip of land approximately 100 feet
north and south of the storage building to the end that a standard
alley can be paved and used to serve abutting properties in the
future. This parcel of property will contain approximately 2000
square feet.
Section 4. That the costs incidental to the preparation,
execution, and proper filing for record of all the documents
necessary to perfect the title shall be borne by the current
owner, and not by the City of Wylie.
Duly adopted by unanimous vote on this, the 14th Day
of April, A.D. 1981.
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//~ John W. Aki n, r,1ayor
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ATTEST:
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Gail Wallace, Ci y Secretary