April 4, 2012 —
Grayson City Council passed the second reading of an ordinance last week that designated a section of land between Carol Malone Boulevard and Rupert Lane as a city street.
The resolution was passed under a state law which allows municipalities to do so with any property that has been used as a public pass way for more than five consecutive years.
In such cases, where property has been opened to unrestricted public use for that time, “it shall be conclusively presumed to have been dedicated to the city or consolidated local government as a public way or easement, subject to the acceptance by the city or consolidated government,” the law states.
The law requires that the governing body of the city or consolidated government adopt an ordinance dedicating the property as a city street, which the Grayson Council did by a vote of 4-2.
The street in question, known as Super 8 Lane, has been used as a shortcut between Carol Malone Boulevard and Rupert Lane for about eight years. It also provides access to the Super 8 Motel and Taco Bell.
The city needs the property to be a city street so a traffic signal can be installed at the intersection. The light is needed to facilitate the reported construction of a Walmart Super Center in the Horton Bottoms area, the former Charlie Horton farm.
An attorney representing the owner of the Horton property recently told City Council his clients were in negotiations with a developer to build a Walmart on the land and, without the dedication of the street and installation of a traffic signal, the retail giant would likely locate outside the Grayson city limits.
Super 8 Lane is owned by a partnership known as Fourth Leaf LLC, and its members have said they believe the city is unfairly attempting to take the property without compensating them.
One of the partners, Ed Woods, said the group plans to mount a legal challenge to the Council’s action.
The property in question originally was part of the parking lot for the now-vacant building that formerly housed Kmart and Farmer’s Hardware. According to the ordinance, Fourth Leaf sold the property in April 2004 to Womack Leasing LLC, but retained control of the street “until such time as the same may be dedicated to and/or accepted by the city ... as a city road.”
Local News
Grayson designates Super 8 Lane
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