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HomeMy WebLinkAboutOrdinance 9162~_~ T. r. ~ np .y, ~ -~,. ~, n(~ ~ A ~ ~ • - ~ F ~,- ~~~ ~/~ ~ ,~ ORDINANCE NO. AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTIN- GUISHING TWO UNNAMED 25-FOOT WIDE PUBLIC STREET RIGHTS- OF-in1AY AND A 10-FOOT WIDE UTILITY EASEMENT LOCATED IN AND ADJACENT TO LOTS 1-6, CARMICHAEL SUBDIVISION; PROVIDING FOR RE VERSION OF FEE IN SAID LANDS; REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the following public street rights-of-way and utility easement, located within the City of Fort Worth, be and the same are vacated, abandoned and permanently closed and extinguished as public street rights-of-way and utility easement, respectively: A. The 25-foot wide unnamed public street right-of-way located west of and adjacent to Lots 1, 2 and 3, Carmichael Subdivision; and B. The 25-foot wide unnamed public street right-of-way located east of and adjacent to Lots 4, 5 and 6, Carmichael Subdivision; and ~ f C. The 10-foot wide utility easement located along and five (5) feet on either side of the common property line of Lots 1-3 and Lots 4-6 of Carmichael Subdivi- sion. SECTION 2. That the fee to the lands in the above described vacated public street rights-of-way and utility easement is hereby released and shall revert to the adjacent owners as provided by law. SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. ~~'~ SECTION 4. That this ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so or- dained. APPROVED AS TO FORM AND LEGALITY: ity Attorney Date: S ADOPTED: ~1 / /~ EFFECTIVE: ~~ ~. A) b AREA MAP s„- tq TR TR IAA la TR i ~_ T>Ppp 1 MA 2C6 ; i ~' ~ ~ Q ~ TR TR TR IAI ~ A IA6 IA2 ~ 2 7R 1 5~6 ~I,L 2 A J h ~ CH APEL TR 1 • ` s s TR 2C1 TR IF ~Q~ ~~ TR I E ~~~~~ TR YC7A lt~ACC[fs EASENYET O .t 2C7 TR E ~~ I ! SCALE I"= a00' o zoo aoo NORTH /~~ff//~/~~ 7~-jy~iT~ ~~~"4~ SCALE 1"= 100' /5 ~ ~E~ ,-. _ ~ o so loo q... ,' {. .~ . T~ '~~. V W ~, V ~ ~ T~ ~ ~ ~ ~ , F ~ ~ ~~ Z ~ (/ ~ o ~ ~~ 41 ¢ ~Q 3 ~ ti Q~ PROPERTY MAP T~ ~~ ~ APPLICANT GATE FILEO LEGEND ROBERT F & MARION V. CARE 1/30/84 ' TYPE F PROPERTY C~APPLICANTS O REQUEST ~ STREET ~ ALLEY X~X EASEMENT LOCATION '•~•~~ ZONE BOUNDARY STREETS S UTILITY EASEMENT: CARMICHAEL SUB, Lots 1 thxu 6 2 un-named 25-foot wide Streets south of John T. REQUESTED VACATION COMMISSION MEETING ORDINANCE NUMBER SECTOR " " ~_~~_ ~~ Februa 29 1984 Meadowbrook ~MRTMENT OF OEVELOP~EJfT FORT WORTH, TEXAS -, MA9~ER Fl4E i , ~l{i~ cif ' '~^'~L/N ~ ~Q jU1Y Q~~~ ~16~~~LW~Y CITY MANAGER 2 ~ ~ ~'7 ®/~/ ACCOUNTING-2 J~-/ ,n7 ~1 //®'~ l,~'f ~IJJ/, ~./® ~S~W~~ ~L~ ~®~~ lid U ~L (6~(LllAlj~~®~ TRANSPORTATIONIPUBtTC 1WLOIR('K((.^,/a~([©f•'// ~•W ~v `~,/ DEVELp Taz-i LACY 1 :NlDA~E REFERENCE SUBJECT Vacation Of Streets & Utility ~ PAGE NUMBER Easements Carmichael Sub., Lots 1 I 2 7/31/84 **PZ--1292 through 6 (V-84-12) i or Mr. and Mrs. Robert F. Cade, with the written consent of the majority of the abutting property owners, have requested that the City vacate the following (1) The 25' street adjacent to Lots 1-3, Carmichael Subdivision, from John T. White Road southward to the southeast corner of Lot 3, Carmichael Sub- division, (2) The 10` wide utility easement adjacent to, parallel and colinear with Lots 1-6, Carmichael Subdivision, from John T. White Road southward to the south property line of Lots 3 & 4, Carmichael Subdivision; and, (3)' The 25' wide street adjacent to Lots 4-6, Carmichael Subdivision, from John T. White Road soughward to the southwest corner of Lot 4, Carmichael Subdivision, all rights-of-way are as shown on the attached map. The subject streets and utility easement rights-of-way, acquired by dedication, are not open on the ground and contain no utility facilities. The subject vacation request is made in order to replat the vacated rights-of-way with adjacent property, thus expanding the building area and providing more usable yard space. It is the opinion of the Real Property Department that the interest of the City in the subject streets, utility easement rights-of-way described in this vacation request have no monetary value to the City if same are vacated. Reviewing City departments and private utility companies have raised no objections to this request provided the vacated rights-of-way are replatted with adjacent property. A satisfactory replat has been submitted. The City Plan Commission has reviewed this request and recommends that the subject street and utility easement rights-of=way be vacated as requested. The City Plan Commission further recommends that only a majority of the abutting ;;.property owners consent be required, instead of the required 100%, due to the opposition of the abutting property owner at the Bout end of the subject rights- of-way fMr. James R ,Noble, 7116 Robinwood Lane). The written consent of the immediately abutting property owners (on either side) have been submitted. Historically, street and easement rights-of-way have been abandoned/vacated upon the filing and recording of a plat abandonment/vacation, which has received City Plan Commission approval. Such a plat abandonment/vacation was duly processed and executed by the applicants; however, in the opinion of the City's Department of Law, such an abandonment/vacation does not vacate the subject rights-of-way, only an ordinance adopted by the City Council has. the force and power to vacate the street and utility easement rights-of-way. Thus, the applicants submitted th subject vacation request. DATE REFERENCE SUBJECT Vacation of Streets be Utility PAGE NUMBER Easements Carmichael Sub., Lots 1 2 2 7/31/84 **PZ-1292 throu h 6 V-84-12 or Recommendation It is recommended that the City Council adopt an ordinance vacating the two 25' si;reets adjacent to Lots 1-6, Carmichael. Subdivision, and the 10' wide northfsouth utility easement in and between said Lots 1-6, Carmichael Subdivision, with only the majority o£ the immediate and abutting (on either side) property owners' written consent, as recommended by the City Plan Commission. DAI kc Attachment APPROVED BY CITY COUNCIL JUL 31 to?~ ~~~~ City S~cretaty of the City of Fo>`i ~i Q11~ S87i6ii SUBMITTED FOR THE CITY MANAGER'S pISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY ^ APPROVED I. :I OTHER (DESCRIBE) ORIGINATING DEPARTMENT HEAD: .TOe Bilardi CITY SECRETARY FORMATION L Adopted Qrdinanoe Croy FOR ADDITIONA IN CONTACT J. Vielma Ext. 8033 DATE