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Austin Mental Health Property Rights

Friday, June 25, 1926 regular
  • Austin City Council approved the transfer of a 30-foot street and a section of a park to the Texas Training School for Defectives and Sanitarium for Mental and Nervous Diseases.
  • This decision formally recognized the institution's continuous possession of the land since 1873, noting that the areas had never been used as public street or parkland and had been fenced into the seminary's property for over 50 years.
  • The resolution, which released the city's claim to the property, passed unanimously among the council members present.

Full Transcript

WHEREAS, said street was never used as a street since the year 1873 and that said park was never used as a park since the year 1873, and that the South 22 feet of said park and all of said street has been enclosed by a fence in the Stuart Seminary Tract since the year 1873, and that the said Seminary and those claiming under said Seminary have had open, peaceable, continuous and adverse possession of said street lying north of Lots 6 to 10, inclusive, and the South 22 feet of said park since the year 1873 and that the South 22 feet of said park and all of said street has been enclosed by a fence in the Stuart Seminary Tract since the year 1873, and that the fence on the North as now established is on the identical line as the fence that was put up by said Stuart Seminary in the year 1873 or earlier, and that there has been a fence on said line since the year 1873 or earlier; and WHEREAS, Texas Training School for Defectives and Sanitarium for Mental and Nervous Diseases, having possession of said property and claiming title to the same through a regular chain of title from the Stuart Seminary, has made request of the City of Austin, Travis County, Texas, that the said Oity of Austin release and quitclaim unto the said Texas Training School for Defectives and Sanitarium for Mental and Nervous Diseases all right, title interest and claim that the said City of Austin may have or own in and to said 30 foot Street and the South 22 feet of said park, TEXAS: Now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, TRAVIS COUNTY? That the Mayor of the City of Austin, Texas, W. D. Yett, be authorized and empoweredto execute in the name of the City of Austin, Texas, a release and quitolaim unto the Texas Training School for Defective and Sanitarium for Mental and Nervous Diseases of all right, title and interest that the said City of Austin may have in and to said 30 foot street and the South 22 feet of said park as described herein, which release and quitclaim shall convey to the said Texas Training School for Defectives and Sanitarium for Mental and Nervous Diseases all interest that the said City of Austin may have in and to said property. The above resolution was adopted by the following vote: Ayes, Mayor Yett, Councilmen Avery, Haynes, Nolen, and Searight, 5; nayes, none. Councilman Haynes moved that the Council recess until ten o'clock, A. M., June 25th, 1926. Motion prevailed by the following vote: Ayes, Mayor Yett, Councilmen Avery, Haynes, Nolen, and Searight, 5; nayes, none. The Council then recessed. RECESSED MEETING OF THE CITY COUNCIL; Austin, Texas, June 25th, 1926. 10:00 Α.Μ. The Council was called to order by the Mayor. Roll call showed the following members present: Mayor Yett, Councilmen Haynes and Nolen, 3; absent, Councilmen Avery and Searight. Councilman Haynes moved that the Council stand recessed until June 28th, 1926. Motion prevailed by the following vote: Ayes, Mayor Yett, Councilmen Haynes and Nolen, 3; nayes, none, Councilmen Avery and Searight absent. 581