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HomeMy WebLinkAboutOrdinance 6701 ORDINANCE NO. AN ORDINANCE PROVIDING THAT MARTIN STREET FROM THE EAST RIOT-OF-WAY LINE OF ARLINGTON LAKESHORE DRIVE EASTWARD TO THE ARLINGTON CITY LIMIT LINE, ADJACENT TO LOTS A-R AND B-R, EL LAGO ADDITION, AND TRACT 7 OF THE J. M. MCDANIEL SURVEY, ABSTRACT NO. 395, BE VACATED, ABANDONED AND CLOSED; PRO- VIDING FOR THE REVERSION OF THE INTEREST OF THE CITY OF FORT WORTH IN SAID LAND; REPEALING ALL ORDINANCES 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 Martin Street in the 5800 block, frown the east right-of-way line of Arlington Lakeshore Drive eastward to the Arlington city limit line, adjacent to Lots A-R and B-R, E1 Lago Addition, and Tract 7 of the J. M. McDaniel Survey, Abstract No. 395, be and the same is hereby closed, abandoned and permanently vacated as a street or public thoroughfare of any kind or character whatever, save and except that easements are reserved for any and all existing utilities. SECTION 2. That the interest of the City of Fort Worth in the fee to the land in said street is hereby released and shall revert to the adjacent owner of the fee 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 That all ordinances or parts of ordinances in conflict herewith are hereby repealed.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. APPROVED AS TO FORM AND LEGALITY: - ity Attorney Y City of Fort Worth, Texas UNE REI3D WALLS Mayor and Council Communication DOBBS MIMES PAID[ ORMAS• VA VISATE REFERENCE SUBJECT: k PAGE NUMBER Vacation of 5800 Block M#rLin IMMAN 87/24/72 PZ-512 Street (V-72-17) for 1 YILO&M 4M lawAN ��,L BIPlSt1 ET Lago Associates has requested that the City vacate Martin Street in the 00 block a width of 30 feet and a length of approximately 350 feet from the east right-of-way line of Arlington Lakeshore Drive eastward to the Arlington City Limit line, as shown on the attached map. Also attached is a copy of Informal Report No. 2045 that provides some information relative to the Applicant's reason for submitting this application. Complaints have been received from citizens concerning access to Lake Arlington for the purpose of fishing. The interested parties have been notified that this matter will be considered by the Council on ,July 24. Subject right-of-way, acquired by dedication, is unimproved. There are, however, existing sanitary sewer and electric facilities located therein. The reviewing City departments and utility companies have expressed no objections provided a replat is submitted and easements are furnished thereon for all existing utilities. The City Plan Commission has reviewed this request and recommends adoption of an ordinance vacating the public right-of-way as requested. A satis- factory replat has been submitted. Recommendation It is recommended that the City Council consider the adoption of an ordinance vacating the subject right-of-way as recommended by the City Plan Commission. RNL:mj Attach. SUBMITTED BY: DISPOSITION BYCOUNCIL: PROESSEID BY OVE ❑ OTHER (DESCRIBE) (Q yev CITY S ETARY DATE CITY MANAGER -z41-7 A- 0:5--11 RIGN'i-OF Lr' AREA MAP Z o Qv I , N ( Y A-R O VSCALE 148400, Q ao Eoo S o Soo NORTH SCALE ,• TR. 7 1 ' ■ E 1 0 10 O 3.93 AC. TR. 9-D 1 Z •1 4.13 Aa 1^ 1 TR.9-E-I TR.9-F �\ • .9 AC. .46AC. TREE T — I 3-101 !I ix r �A as PROPERTY MAP F DATELEGEND O ILED - - 72 Applicants' Property STREET i ❑ ALLEY2 ❑ EASEMENT 3OF �iiA ZonR Boundary STREET: EL LAGO ADDN, Lots AR & BR;J. M. McDaniel , T . 7 5800 block Martin Street Requested Vacation DINANCESECTOR _MUYD[R ���� I 24 1972 "c„1 " CITY ►LANNIN• D[PARTWENT FORT NORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 2045 �,�p r(q,e �ofFORr,�A To the Mayor and Members of the City Council April 14, 1972 xrexAy Subject: MARTIN STREET AT LAKE ARLINGTON Mrs. Adell Miller, 2801 Galvez Street, has requested the City to remove a fence across Martin Street approximately 400 feet west of the west shoreline of Lake Arlington in order that the public might have access to the lake shore at this point for fishing and other recreational purposes. The purpose of-this-report is to provide the City Council with information regarding the background of this problem and to seek Council guidance regarding a permanent solution to the problem. Existing Conditions Martin Street is open on the ground from Loop 820 eastward, a distance of ap- proximately 1900 feet. It is a light-duty, narrow width, county-type roadway with borrow ditches on either side and with some fencing along both sides of the roadway.. Near its present.-easterly terminus, it is intersected by Arlington Lakeshore Drive running southerly through the E1 Lago Mobile Homes Subdivision to a dead end approximately 800 feet south. Immediately east of the intersec- tion of Lakeshore Drive with Martin Street, there is a solid board fence erected across the roadway, and it is this fence that is the subject of contro- versy. A fence along the north side of the road prevents automobiles or pedestrians from going around the board fence to the north and a chain link fence along what would be the- southerly line of Martin Street extends from the board fence eastwardly down into the waters edge in order to provide some degree of security to the mobile home park. A map depicting this area is attached. Status of Martin Street Dedications- A search of county deed records reveals that out of seven separate ownerships of land on either side of Martin Street and east of Loop 820, only one deed makes any reference to a public roadway. The E1 Lago Addition was originally platted in 1959 and indicated by plat the dedication of the southerly 30 fe.et of what would eventually be a 60 foot road dedication. The subdivision wa.s not developed at that time,- however, and after a change in ownership was replatted in 1970 in order to revise the location of Arlington Lakeshore Drive - . The subsequent replat also indicated that the southerly 30 feet of Martin Street was dedicated for public road purposes, and further indicated that 20 feet existed on the north side as a part of Martin Street. From discussions with two property owners in this area, both of whom- have 1-a g- standing knowledge of conditions prior to the construction of Lake Arlington, it has been determined that Martin Street existed as a traveled roadway to a point approximately where Lakeshore Drive now intersects, and that beyond this point there was a trail leading to a bluff adjacent to Village Creek. Thus, the investigation indicates that while Martin Street- did exist in some form - as a traveled roadway, that it was never formally dedicated and as a matter of fact was little more than a trail from the present location of Arlington Lake- shore Drive eastward. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 2045 - Page 2 M,,P r(RHO �pEiORT p To the Mayor and Members of the City Council April 14, 1972 0 `v � s �Ttxay. Subject: MARTIN STREET AT LAKE ARLINGTON City Limit Line When the City of Arlington acquired property and-constructed Lake- Arlington as a water supply, they established-their--western city limit- line-adtzng sea level elevation 560 and obtained flood easements between that elevation and the water surface of approximately 550- feet. The City owns the land- to elevation 550 feet. Thus, all of Lake Arlington and the entire western shore is a part of the City of Arlington, and Fort Worth's jurisdiction does not extend to the lake itself. The City of Arlington has a contintring maintenance problem along the shore- line. In the remote areas of the lake, and especially along the western shore- line which is predominately undeveloped, much uncontrolled dumping and litter- ing has occurred. Such activities are difficult if not impossible to control as long as there is direct access to the lake shore. Any unauthorized dumping is objectionable but more so when carried out adjacent to a public water supply. Approximately eighteen months- ago the development and improvement of-El Lago Addition began. At that time the--shares of the lake in this vicinity were littered with trash and debris of- all descriptions. The owner and developer of the mobile home park first proposed to seek the legal abandonment of Martin Street east of Arlington Lakeshore Drive. The City staff advised him it would be necessary to secure the consent of the property owner to the north, although the northerly portion of Martin Street had never been formally dedi- - cated. - The owner of the undeveloped property to the north was further advised that he would likely be required in connection with vacation to dedicate the northerly extension of Arlington- Lakeshore Drive. Since the owner-to- the north had no plans for development of this- land, he declined to join with the mobile home owner in requesting abandonment of the east end of Martin Street, although he expressed his concurrence with the vacation and the fencing off of the trail in order to prevent further littering of the lakeshore. Mr. R. L. Bourland, the developer of the mobile home park, then appealed to the office of the Public Works Director for assistance in abating a nuisance. Photographs were submitted at the time indicating the extent of the promiscuous dumping and field inspections by the Public Works Department confirmed Mr. Bourland's representations. The Public Works Department dispatched-trucks and crews to clean up the litter- and- by letter authorized Mr. Bourland to erect a fence across Martin east of Arlington Lakeshore Drive in order to prevent fur- ther dumping. Since that time there has been no further problem in this area in regard to dumping and officials of the City of Arlington have expressed their gratitude for the control measures we have been taking. Recreational Use Prior to the development of the mobile home park, residents en3oyed the privi- lege of fishing along this shore of the lake. The closing of Martin Street ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 2045 - Page 3 p.I April 14, 1972 �oE40RT A To the Mayor and Members of the City Council P V �0 = YTEXAy� Subject: MARTIN STREET AT LAKE ARLINGTON ff7 has thus deprived some citizens`of previously enjoyed privileges. . It has been suggested that these fishing privileges could be restored by removing the solid fence and erecting in its place barrier posts designed to prevent the passage of vehicles but to permit unrestricted pedestrian access. Such a solu- tion bears consideration but creates additional problems. There is no avail- able parking space to accommodate the vehicles of people wishing to fish in this area.. Martin Street itself is-an 18- to 20 foot wide roadway surface with no room on either side for parking. Thus people wishing to use the lake at this point would be required to park on private property on to park along Martin Street in an unsafe manner, or to park along Arlington Lakeshore Drive inside the mobile home parka Further, the reopening of .this area without ade- quate policing, would once more give rise to unauthorized dumping and litter- ing. Actually, there is presently a gap 2 feet wide in the fence at the north side of Martin Street which is reported to be used occasionally by people to gain access to the lake shore. Possible Solution Consideration could be given to the leasing or acquisition in fee of one or more acres of land in the undeveloped area lying north of Martin Street and the creation of a lake shore park properly lighted and policed and including pic- nic tables and a fishing pier extending into the lake. This solution would fulfill a need for public recreational space and would avoid the resurrection of a distinct public nuisance and health hazard. However, the Director of the Park and Recreation Department advises that neither funds or personnel are available to construct and maintain a park at this location. Immediate Action Pending a more feasible solution, the owner of the mobile home park has been directed by letter to provide an opening in the fence in order that pedestrians may gain access to the lake shore. Council guidance is needed with respect to a solution to this problem. If the Council desires any further information, it will be supplied upon request. Respectfully submitted, City Manager RNL:ms Attachment ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS