- The City Council is considering abandoning any prescriptive rights over remaining portions of Ausway Lane pavement in order to transfer ownership of a triangular area at a highway intersection to the City of Alamo Heights. - In 2015, most of Ausway Lane rights-of-way were abandoned as part of a development project. Bexar County owns the triangular area and wants the City to abandon any easement claims so ownership can be transferred. - The Planning & Zoning Commission recommended approving the abandonment area after a public hearing where some supported and some opposed the proposal.

1. Case #378
Ausway Lane Prescriptive Rights
Abandonment
Presented By: Jason Lutz
Community Development Services Director
City Council Meeting
Agenda Item #4
October 12, 2015

2. SUMMARY
 The purpose of this agenda item is to
consider and make a recommendation
on the closing/abandonment of any
prescriptive rights for the remaining
portions of Ausway Lane (pavement)
that were not previously abandoned.

3. 3
BACKGROUND
 On April 13, 2015 City Council held a public
hearing and approved the abandonment of
the dedicated rights-of-way portions of
Ausway Lane as part of an SUP for a multi-
family project.

4. 4
BACKGROUND
 As part of that ordinance the City is
working with Bexar County and TxDOT in
order to declare the triangular area at the
intersection of Broadway & Austin Hwy as
surplus right-of-way in order to transfer
ownership of this property to the City of
Alamo Heights.

5. 5
BACKGROUND
 This area is owned in fee by Bexar County
and was declared as future right-of-way for
TxDOT improvements.

6. 6
BACKGROUND
 This abandonment / closure of
prescriptive rights is a step that must
be taken in order for the City of Alamo
Heights to take possession of the
triangular area at the intersection of
Broadway & Austin Hwy.

7. 7
BACKGROUND
 In order for Bexar County to transfer
ownership to the City of Alamo Heights, the
County is requesting that Alamo Heights
release any possible “Prescriptive
Easements” that may be held for the
remaining portions of Ausway Lane
pavement based on the longtime use as a
City street.

8. 8
BACKGROUND
 An easement by prescription is one that is
gained by using another’s property over an
extended period of time.

9. 9
BACKGROUND
 This area was not platted or dedicated
as public right-of-way.
 The City is holding this public hearing
to consider the abandonment & release
of any claims of prescriptive
easements.

10. 10
POLICY ANALYSIS - Abandonment Area

11. 11
P&Z RECOMMENDATION
 On October 5, 2015 the Planning &
Zoning Commission held a public
hearing and recommended approval of
the abandonment area.

12. 12
PUBLIC NOTIFICATION
 Appropriate notice was posted on the City
website, notification letters were mailed to
property owners within 200 feet, and a legal
notice was printed in the official newspaper
of the City of Alamo Heights.
 Responses received:
 Support: (6)
 Oppose: (4)

13. QUESTIONS?