eLaws | eCases | Texas Statutes | Texas Administrative Code | Texas Courts | Counties & Cities of Texas | Code of Federal Regulations | United States Code |
 Shavano Park
 Code of Ordinances
 Chapter 28. SUBDIVISIONS
 Article II. PLAT PROCEDURE

  § 28-45. Vacating a plat.  

Latest version.

  • (a)

    The force and effect of a recorded plat may be destroyed by properly executing and recording an instrument declaring such plat to be vacated. The instrument shall be substantially in the same form as the applicable Vacating Declaration, which is on file in the office of the City Secretary. The executed Vacating Declaration shall be filed with the Planning and Zoning Commission and the City Council together with seven copies of the plat to be vacated, and following approval by the Planning and Zoning Commission and City Council, filed in the deed records of the County.

    (b)

    If the Vacating Declaration is filed with the Planning and Zoning Commission and the City Council prior to the sale of any lot on the plat being vacated, a declaration in substantially the same form as the declaration Form A on file in the City Secretary's office must be signed and acknowledged by the proprietors of the land covered by the plat being vacated.

    (c)

    In cases where lots have been sold, the plat or any part thereof may be vacated upon the execution and recordation of a declaration in substantially the same form as the declaration Form B on file in the City Secretary's office. Such declaration requires the signature and acknowledgment of all of the owners of lots in the plat being vacated.

    (d)

    Upon filing the Vacating Declaration, a filing fee shall be paid in addition to the required recordation fee. Such fees shall be as established by the City Council from time to time.

    (e)

    The resubdivision of the land that is covered by a plat that is vacated shall be platted in the same as is prescribed by these regulations for an original plat.

    (1)

    A copy of the applicable Vacating Declaration shall be submitted with the resubdivision plat.

    (2)

    In addition, the resubdivision plat shall be annotated as follows:

    "The area being resubdivided in this plat had been previously platted on a plat which is recorded in Volume ____________ , Page ____________ , Bexar County Plat and Deed Records, and was vacated through a Vacated Declaration being recorded on the same date as this resubdivision plat."

    (f)

    If the subdivider so desires, the Vacating Declaration and the resubdivision plat may be filed and processes simultaneously.

(Ord. No. 52, art. II, § 4, 5-20-1997; Ord. No. 100-52-99, § 18, 3-30-1999; Ord. No. 300-07-12, § I(2), 9-24-2012)