PZ #419 - 740 Tuxedo (ROW Abandonment)

1. CITY OF ALAMO HEIGHTS
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL AGENDA MEMORANDUM
TO: Mayor and City Council Members
FROM: Lety Hernandez, Director of Community Development
SUBJECT: Case No. 419
Public hearing, consideration, and action will take place regarding a request by
Richard and Meixian (Sue) Y’Barbo, applicants, as authorized by Section 16-105
of the Code of Ordinances to close, vacate, abandon, and sell a portion of public
right-of-way, approximately 2,212 sq ft (0.05 acre tract) of the 15ft wide alley that
adjoins the western side of the property identified as Lot E 83.3ft of 5, BLK 199,
CB 4024, also known as 740 Tuxedo Ave, of the City of Alamo Heights, Texas.
DATE: April 11, 2022
SUMMARY
The applicant has requested the City close, vacate, abandon and sell a portion of an alley.
BACKGROUND INFORMATION
The right-of-way abuts properties zoned SF-A and is located on the western side of 740 Tuxedo.
The alley continues west of the property and is utilized by other property owners on Tuxedo and
Stonecrest for vehicular access to the rear of their property. In addition, the City provides garbage
pickup in the alley.
POLICY ANALYSIS
Sec. 16-105 – Closure, vacation and abandonment of public rights-of-way
d) Prior to an abandonment ordinance being considered by the city council, the following
shall occur:

2. 2) A public hearing shall be held by the city council after twenty-one (21) calendar
days written notice, by U.S. Mail, is given to all property owners within two
hundred (200) feet of the requested abandonment, and such notice is published in
the official newspaper of the city.
3) The city council shall consider the recommendation of the planning and zoning
commission regarding the requested abandonment.
e) The abandoning ordinance shall further provide that in consideration of the foregoing
requirements and upon receipt from the petitioner of the fair market value of the public
right-of-way to be abandoned as determined in accordance with section 16-101(g)
Section 16-101 – General Provisions
g) When fair market value is required by this article, the city may, at its option, rely on an
average of the per-square-foot Bexar Appraisal District market values in the vicinity of the
property in question, or the city may require that an independent professional appraisal be
obtained. The petitioner and the city shall jointly select the appraiser, if they can agree. If
they cannot agree, the city shall select the appraiser.
STAFF FINDINGS
1. Approximately 2,212 sq ft of area is being requested for abandonment and sale
a. Staff has coordinated with Public Works, Police and Fire departments to ensure
abandoning this portion of the right-of-way will not have adverse impact on city
services.
b. The City of Alamo Heights and the requestor agreed on the average of the per-
square-foot BCAD market values in the vicinity of the property in question. The
average per square foot is $21.43 for a total fair market value of $47,403.16.
2. On April 04, 2022, the Planning & Zoning Commission recommended approval of the
request.
a. After receipt of payment, the agreement must be by recorded by the requestor via a
separate instrument at the Bexar County Courthouse. Replat of the property will be
required prior to any improvements can be made, if approved.
FISCAL IMPACT
No projected fiscal impact from this project has been calculated.
ATTACHMENTS
Attachment A – Web Packet
Attachment B – Response Cards
Attachment C – Ordinance
______________________
Lety Hernandez
Director
______________________
Buddy Kuhn
City Manager

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Attachment B

21. Attachment C
ORDINANCE NO. 2188
AN ORDINANCE CLOSING, VACATING, ABANDONING AND SELLING
A PORTION OF PUBLIC RIGHT-OF-WAY, APPROXIMATELY 2,212
SQUARE FEET (0.05 ACRE TRACT) OF THE 15FT WIDE ALLEY THAT
ADJOINS THE WESTERN SIDE OF THE PROPERTY IDENTIFIED AS
LOT E 83.3FT OF 5, BLK 199, CB 4024, ALSO KNOWN AS 740 TUXEDO
AVE, OF THE CITY OF ALAMO HEIGHTS, TEXAS; DECLARING A
PUBLIC PURPOSE; INCORPORATING RECITALS; PROVIDING A
REPEALER; PROVIDING FOR SEVERABILITY AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, Richard and Meixian (Sue) Y’Barbo, owners, are requesting the closure, vacation and
abandonment of approximately 2,212 square feet, of the 15ft wide alley, that adjoins the western side
of the property, identified as Lot E 83.3ft of 5, Block 199, County Block 4024, also known as 740
Tuxedo Ave, of the City of Alamo Heights, Texas; and
WHEREAS, in accordance with Section 16-105 of the City Code of Ordinances and with proper
notice to the public, a public hearing was held on Monday, April 04, 2022 during a Planning and
Zoning Commission and a second public hearing was held on Monday, April 11, 2022 during a City
of Alamo Heights Council meeting, during which all interested parties and citizens were allowed to
appear and be heard; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of Alamo Heights
to close, vacate and abandon approximately 2,212 square feet, out of the 15ft wide alley, that adjoins
the western side of the property known as 740 Tuxedo Ave;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALAMO HEIGHTS,
TEXAS:
SECTION 1. Pursuant to the request of Richard and Meixian (Sue) Y”Barbo, owners, approximately
2,212 square feet, out of the 15ft wide alley, that adjoins the western side of the property known as
740 Tuxedo Ave, identified as Lot E 83.3ft of 5, Block 199, County Block 4024 of the City of Alamo
Heights, Texas, is closed, vacated and abandoned by the City of Alamo Heights subject to the
Owners’ compliance with the conditions specified in Section 2 of this ordinance.
SECTION 2. The closing, abandonment and vacation of a section of the improved and unimproved
property that adjoins the western side of the property known as 740 Tuxedo Ave described in Section
1 of this ordinance is expressly conditioned upon the Owners’ compliance with the following
requirements:
a. Upon approval by the City Council and issuance of the ordinance, all grants of public
streets and alley rights-of-way closures must be recorded at the Owners’ expense in the
real property Official Deed and Map Records of Bexar County, Texas, in which the
affected property is located, with a copy of the recording provided to the City. Failure to

22. Attachment C
record as required by this Ordinance within 180 calendar days will hereby make this
Ordinance null and void.
b. Any utility (water, wastewater, electrical and gas) franchise utility (telephone, cable, etc.)
requiring relocation shall be relocated at the Owners’ expense as determined by the
franchise utility.
c. The City has determined the fair market value as calculated by the average per-square-foot
Bexar Appraisal District market value of unimproved land in the vicinity of the property in
an amount of $47,403.16.
d. Owners shall replat the property within 180 calendar days after the second reading of the
ordinance, at the Owners’ expense, including the expenses related to professional services
and related fees required by Bexar County.
SECTION 3. PUBLIC PURPOSE That said portions of the Public Right of Way described in
Section 1, described therein are no longer needed for public purposes and it is in the public interest of
the City of Alamo Heights, to abandon said described portions of the Public Right of Way.
SECTION 4. SCOPE. That the abandonment provided for herein shall extend only to the public
right, title and easement in and to the tracts of land described in Section 1. of this ordinance, and shall
be construed only to that interest the governing body of the City of Alamo Heights may legally and
lawfully abandon.
SECTION 5. AUTHORITY AND EXCEPTION. In addition to the express reservations provided
for in Section 1 hereof, the abandonment is made subject to any and all valid, conditions, easements,
restrictions and the like filed of record in the real property records of Bexar County, Texas. The
Mayor of the City or the City Manager as the case may be are authorized to quit claim and convey the
interests described in Section 1 hereof to Richard and Meixian (Sue) Y’Barbo.
SECTION 6. INCORPORATION OF RECITALS. The City Council finds the recitals contained
in the preamble to this ordinance are true and correct and incorporates them as findings of fact.
SECTION 7. REPEALING ORDINANCES IN CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 8. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be unconstitutional or illegal, such decision shall not affect the
validity of the remaining sections of this ordinance. The City Council hereby declares that it would
have passed this ordinance, and each section, subsection, clause, or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared void.
PRESENTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALAMO
HEIGHTS, TEXAS THIS 11th DAY OF APRIL, 2022.

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BOBBY ROSENTHAL, MAYOR
ATTEST:
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ELSA T. ROBLES, CITY SECRETARY
APPROVED AS TO FORM:
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FRANK J. GARZA, CITY ATTORNEY