Res 090-2013 8/20/2013RESOLUTION NO. 90 -2013
Resolution Authorizing The Sale Of Excess City Owned Property
Consisting Of 0.48 Acres Located AtJNear 104 Burnett Street In Block
N Of The Original Townsite Of Wichita Falls To Armando Luevano
And Maria Villegas - Manzanares In The Amount Of $8,364, Subject To
A Restriction Of Access Directly From Burnett Street
WHEREAS, the City owns .48 acres (depicted as .48 acres on attached Aerial
Map and Plat Map) in Block N of the Original Townsite of Wichita Falls in an area
adjacent to and intersecting at the Burnett Street bridge over the Wichita River; and
WHEREAS, Texas Local Gov't Code § 272.001(a) prohibits the sale of land
owned by a city without notice and bidding except as covered by Subsection (b) thereof;
and
WHEREAS, Texas Local Gov't Code § 272.001(b) provides that the notice and
bidding requirements of Subsection (a) do not apply to (1) ... land that because of its
shape, lack of access to public roads, or small area cannot be used independently
under its current zoning or other applicable subdivision or other development control
ordinances; and
WHEREAS, the City Council finds that the elevation of Burnett Street in relation
to the .48 acres prevents the .48 acres from being able to directly access Burnett Street
in a safe manner; therefore, the .48 acres cannot be used independently under its
current zoning or other applicable subdivision or other development control ordinances;
and
WHEREAS, Texas Local Gov't Code § 272.001(c) provides that land or interests
described by subsection (b)(1) may be sold to (1) abutting property owners in the same
subdivision if the land has been subdivided, or (2) abutting property owners in
proportion to their abutting ownership; and
WHEREAS, the City Council finds (1) that the land has been subdivided as the
"Original Townsite of Wichita Falls" in accordance with Texas Local Gov't Code §
272.001(c)(1), and (2) that Armando Luevano and Maria Villegas - Manzanares own
abutting property in Block N of said "Original Townsite" subdivision; and
WHEREAS, Armando Luevano and Maria Villegas - Manzanares have asked to
purchase the aforementioned 0.48 acres for $8,364, the value determined by the
appraisal as the "fair market" price for said 0.48 acres.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. In consideration of the receipt of $8,364, the sale of 0.48 acres located at or
near 104 North Burnett, depicted as Tract "B" on the attached Plat Map and as ".48
acres" in the attached Aerial Map, to Armando Luevano and Maria Villegas-
Manzanares, is approved.
2. The City Manager is authorized to execute all documents necessary to
complete the aforementioned sale and transfer the aforementioned 0.48 acres to
Armando Luevano and Maria Villegas - Manzanares, subject to a restriction of access of
said 0.48 acres directly from Burnett Street.
PASSED AND APPROVED this the 20th day of August, 2013.
MAYOR
ATTEST:
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