Disputed Walls, Property Lines, and Deeds
Resolved a Property Line Controversy:
The council tackled a complex dispute involving E.H. Perry, a retaining wall at Lavaca and West Tenth Streets, and a claim of property damage due to a changed street grade.Conditional Land Concession:
A conditional decision was made regarding Perry's claim: either concede 4 feet 6 inches of land based on an alleged past compromise, or reserve the right for future legal action.Corrected a Historic Deed:
The Mayor was authorized to issue a substitute deed for Oakwood Cemetery Lot No. 96 to Frances Patterson, rectifying an original 1886 deed that was never formally acknowledged.
Full Transcript
Letter of the Bd. Comms. Report of City Engineer J.O. Corwin Fine W.L. Eyres: com of complaint [illegible] E.H. Perry wall
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152 Lavaca Street, the said E. H. Perry claiming that said proposed changed grade damaged his premises at said corner of West Tenth and Lavaca Streets, and it is admitted in this controversy that the City Engineer protested against the retaining wall being located along the line where it was located and where it is now about to be substituted by a brick veneer concrete wall; and Whereas, it is further admitted by the said E. H. Perry that the statute of limitation does not figure in this controversy, but that his rights are based upon an adjustment of matters on the strength of which, as he claims, the City Council located the concrete retaining wall in the place of the present proposed brick veneer concrete wall; and Whereas, it is further determined by this resolution that neither the rights of the City of Austin nor the rights of the said E. H. Perry shall be adversely or beneficially affected by the erection by the said E. H. Perry of a brick veneer concrete wall upon the site and along the line of the said original retaining wall there located by the City of Austin, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, TEXAS: That if the action of the City Council in erecting said retaining wall under the compromise alleged to have been made by the said E. H. Perry and admitted by the City Council is final and conclusive against the City of Austin, then his right to said four feet and six inches (4'6") south of what the City claims is the true property line of his property on the south is conceded; otherwise, it is resolved that the present or any subsequent Council shall have the right to reopen said matter and have the controversy determined by the courts, as the law in such matters shall provide and direct, and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That a copy of this resolution shall be transmitted to Messrs. Brooks, Hart & Woodward, Attorneys in this matter of E. H. Perry. The resolution was adopted by a vote of 5 yeas, no nays. APPROVED, Feb. 13, 1919: A. P. Wooldridge, Mayor. The Mayor laid before the Council the following resolution: RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, TEXAS: That the Mayor of this city, by reason of the fact that the deed executed by J. W. Robertson, Mayor of the City of Austin, Texas, to Frances Patterson of Cemetery Lot No. 96 of Oakwood Cemetery, which deed was dated March 8th, 1886, was not acknowledged for record, is hereby authorized to execute a duplicate and substitute deed for said deed dated March 8th, 1886, to the said Frances Patterson. The resolution was passed by a vote of 5 yeas, no nays. APPROVED, Feb. 13, 1919: A. P. Wooldridge, Mayor. The Council then adjourned.
[illegible] City Clerk