HomeMy WebLinkAboutR90-136077
FRISCO PARK PROPERTY
RESOLUTION NO. R90-136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PLAINVIEW, TEXAS RECOGNIZING THE NEED TO
EXECUTE A DEED TO RETURN THE LAND CONVEYED TO
THE CITY OF PLAINVIEW BY VIVIAN O. GRAHAM .AS
TRUSTEE OF THE LIZZIE MERRYMAN TRUST TO THE
SUCCESSORS TO THE TITLE OF VIVIAN O. GRAHAM,
THAT BEING DOUGLAS C. G~, JR., DONAL~
CLYDE GRAHAM AND DANIEL CARL GRAHAM AND
AUTHORIZING THE MAYOR TO EXECUTE A DEED
THEREFOR.
WHEREAS, by deed dated March 8, 1960, recorded in Vol. 358,
page 101, Deed Records, Hale County, Texas Vivian O. Graham as
Trustee of the Lizzie Merryman Trust conveyed to the City of
Plainview, Texas, a tract of land out of the Horace Griffin
Homestead Survey in Hale County, Texas, a true and correct copy
of which is attached hereto and made a part hereof for all
pertinent purposes; and
WHEREAS, the City of Plainview, Texas has not drilled a
water well upon the land conveyed by said deed, and there is no
necessity for the drilling of such a well and no plan for the
drilling of such a well;
WHEREAS, the City of Plainview, Texas once used the land for
park purposes, with a swimming pool, playground equipment and
community building occupying said land; and
WHEREAS, the City of Plainview, Texas however, has long
since abandoned the land for the purposes recited in the deed
conveying the land to the City and has failed to continue to
operate the land as a park and the City has had more than a
reasonable time in which to continue to develop and improve the
land for park purposes and to operate the land as a park, and the
City does not have any need and it would not be economical or
feasible for the City to develop and improve the land for park
purposes or to operate the land as a park, and has determined
that there shall be no such development or improvement or
operation; and further waives its rights under the deed to remedy
and remove said cause of termination.
NOW, THEREFORE, be it resolved by the City Council of the
City of Plainview, Texas that it has recognized that the facts
exist which terminate the right, title and interest of the City
of Plainview, Texas in this tract under the terms of the deed
referred to above and the agreement by the City of Plainview,
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078
Texas and Vivian O. Graham as Trustee of the Lizzie Merryman
Trust pursuant to which the deed was executed and the Mayor is
hereby authorized to execute a deed returning the property to the
successors in title of the Lizzie Merryman Trust.
BE IT FURT~RR RESOLVED AND ORDAINED that the City of
Plainview, Texas convey the land to Douglas C. Graham, Jr.,
Donald Clyde Graham and Daniel Carl Graham by deed executed by
the Mayor of the City of Plainview, Texas and attested by the
City Secretary with the seal of the City affixed.
PASSED AND APPROVED this the 8th day of May, 1990.
E.V. Ridlehuber, Mayor
ATTEST:
Carla Reese, City Secretary
APPROVED AS TO CONTENT:
~ ~~.~t~na er
~ J e f f~r~9~_~ ty/4~a g
/
APPROVED AS TO FORM:
D. Blackburn, City Attorney
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