Ord 1999-046 - Laserfiche WebLink

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(b) For each street abandonment. the applicant is required to pay the city the fair market value of the street as determined by an appraisal performed by a person certified by the Texas Appraisal Licensing and Certification Board. The appraisal will be obtained by the applicant. or the applicant will pay the cost of an appraisal prepared for the city. If an abandonment or dinance is appIo v cd, the ci~ mana:geI t'Vill cxceutc a quitclaim deed to each 0 t'Vnel of plOpert)i abutting the segme.nt of the stICe.t 01 alley to be abandoned. A con v c., al1ee ma, be by special t'VaIlaIrty de.{,d if fail maIkct value is paid fOI the plopelt)i, if the pmchase! pa,s the Plemium for title insmanec and ifthc ctry attomcy appt 0 v cs the. con" ey anee. (c.) Unless otheIt'Visc agIeed b, tlle abutting Ot'VneIS in t'VIiting, convCYaIlCCs to abutting Ot'VnelS t'Vill be in diIect pIoportion to tl1eiI abutting ovvnctship. (d) Deeds fo! abaIldoned stIeet!l will be ddi'\1eled upon pa,ment by the abutting ot'VneIS of the fail l11aIkct valuc oftlle aIeas cOveIed by the, de.cds. The value of a stIeet segment appraised as a unit t'Vill bc dividcd pro lata on an Mea basis among tt'Vo 01 mOle. abutting ot'VllelS. (e) If all ab.mdonment in v 01 v es utiltryI elocation 01 5tl1 ve., costs, the deeds fOt the abandoned (tlea will be delheIed upon pa'l1lent by the abtltting o~nelS oftho5e e051:1I). Sec. 74.091. Action after council approval. ( a) If an abandonment ordinance is approved. the city manager will execute a quitclaim deed to each owner of property abutting the segment of the street or alley to be abandoned. A conveyance may be by special warranty deed if fair market value is paid for the property. if the purchaser pays the premium for title insurance and if the city attorney approves the convevance. (b) Unless otherwise agreed by the abutting owners in writing. conveyances to abutting owners will be in direct pro]?ortion to their abutting ownership. (c) Deeds for abandoned streets will be delivered upon payment by the abutting owners of the fair market value of the areas covered by the deeds. The value of a street segment appraised as a unit will be divided pro rata on an area basis among two or more abutting owners. (d) If an abandonment involves utility relocation or survey costs. the deeds for the abandoned area will be delivered upon payment by the abutting owners of those costs. SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 3. All ordinances and resolution or parts of ordinances orresolutions in conflict with this ordinance are repealed. SECTION 4. Any person violating any provision of this ordinance commits a misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction. SECTION 5. This Ordinance will take effect 10 days after the date of its final passage, and the City Secretary will publish notice of its adoption in a newspaper of general circulation in the City. PASSED AND APPROVED on fust reading May 10, 1999. PASSED AND APPROVED on second reading May 24, 1999. PASSED, APPROVED AND ADOPTED June 14, 1999. ~~~M~ Mayor