HomeMy WebLinkAboutOrdinance 16435-05-2005ORDINANCE NO. I (0~3~ -- OS abQS~
AN ORDINANCE VACATING AND EXTINGUISHING A PORTION
OF NORTH CUMMINGS STREET BETWEEN BLOCK 1 LOT SR OF
THE CUMMINGS-BOAZ ADDITION AN ADDITION TO THE CITY
OF FORT WORTH, TARRANT COUNTY TEXAS, AS RECORDED IN
CABINET A, SLIDE 8828, PLAT RECORDS, TARRANT COUNTY
TEXAS AND LOT 35 OF THE CUMMINGS ADDITION AN ADDITION
TO THE CITY OF FORT WORTH ACCORDING TO THE PLAT
RECORDED IN VOLUME 118, PAGE 32 PLAT RECORDS, TARRANT
COUNTY TEXAS PROVIDING FOR THE REVERSION OF FEE IN
SAID LAND; THE RETAINMENT OF EXISTING UTILITY
EASEMENTS, 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 a portion of North Cununings Street between Block 1 Lot SR of the Cummuigs-
Boaz Addition, an addition to the City of Fort Worth, Tarrant County Texas according to the
plat thereof recorded in Cabinet A, Slide 8828 of the Plat Records of Tarrant County Texas, and
Lot 35 of the Cummings Addition, an addition to the City of Fort Worth, Tarrant County Texas
according to the plat thereof recorded in Volume 118, page 32 of the said Plat Records, said
portion being approxunately 82 feet long and 41 feet wide and containing approximately 3,333
square feet, and as more specifically descnbed in Exhibit A attached hereto and incorporated
herein by reference, be and the same is vacated and extinguished.
SECTION 2.
That existing utility easements shall be retained by the City until such tune all utilities located
in that easement are relocated at the owner's expense.
SECTION 3.
That the vacation, abandonment, closure, and extmguishments of the above described
portion of the streets and alley rights-of way and the release and reversion of the City's right,
title, and interest in and to the land therein, shall be subject to and conditioned upon the filing of a
final plat un the Tarrant County Plat Records on or before sixty (60) months from the date of this
Ordinance. In the event such final plat ~s approved and filed for record in the Tarrant County Plat
Records within the prescribed tune, then a copy of said final plat shall be attached as Exhibit `B"
to this ordinance, as same ~ filed in the office of the City Secretary of the City of Fort Worth and
the attachment of said final plat as `Exhibit `B" shall constitute conclusive evidence of the
occurrence of such conditions. In addition, the above-described portion of the streets and alley
nghts-of--way shall remain open as public streets and alley rights of way unless and until the
vacation, abandonment, closure and extinguishment so the become effective upon satisfaction of
the conditions stated above. In the event said plat ~s not approved by the City and filed in the
Tarrant County Plat Records on or before the date that ~s sixty (60) months from the date of this
Ordinance, then this ordinance shall become null and void, the same as if rt had never been
adopted, the vacation, abandonment, closure, and extinguishments of the street nght-of--way and
the release and reversion of the the and interest m and to the land therein shall not take effect.
SECTION 4.
That all existing utility easements shall be retained by the City until such tune all utilities
located in that easement are relocated at the owner's expense.
SECTION 5.
That all ordinances or parts of ordinances m conflict herewith are hereby repealed.
2
SECTION 6.
That this ordinance shall take effect sixty (60) months from the date of this Ordinance, or
upon the acceptance by the City of the replat of the property whichever occurs first. It is the
intent of the City to repeal this ordinance vacating the above-described alley if the replat ~ not
accepted by the City on or before sixty (60) months from the date of this Ordinance
APPROVED TO FORM AND LEGALITY
Assist ° City A torney
Adopted.
Effective:
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LOT 36 BLOCK 1
CUNNINGS LOT 5R
ADDITION
VOLUME 118 CUMMINGS-BOAZ ADDITION
PAGE 32 CABINET A SLIDE 8828
PRTCT
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EXHIBIT A
PORTION OF CUMMINGS
STREET TO BE VACATED
40
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BROOKES BAKER SURVEYORS
930 HICKEY COURT
GRANBURY TEXAS 76049
(817) 279-0232
(817)279-9694 FAX
com
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 5/17/2005 Ord #16435-05-2005
DATE Tuesday May 17 2005
LOG NAME. 06VA-05-011
REFERENCE NO PZ 2595
SUBJECT
Adoption of an Ordinance Vacating a Portion of North Cummings Street between Block 1 Lot 5R of
the Cummings-Boaz Addition and Lot 35 of the Cummings Addition (VA-05-011) and the
Amendment of Mayor and Council Communication PZ 2541 PZ 2555 and PZ 2578
RECOMMENDATION
It is recommended that the City Council:
1 Adopt the ordinance vacating a portion of North Cummings Street between Block 1 Lot 5R of the
Cummings-Boaz Addition, an addition to the City of Fort Worth Tarrant County Texas according to the plat
thereof recorded in Cabinet A, Slide 8828 of the Plat Records of Tarrant County Texas, and Lot 35 of the
Cummings Addition an addition to the City of Fort Worth Tarrant County Texas according to the plat
thereof recorded in Volume 118 page 32 of the said Plat Records said portion being approximately 82 .feet
long and 41 feet wide and containing approximately 3 333 square feet.
2. Adopt the amendment of Mayor & Council Communication PZ 2541 PZ 2555 and PZ 2578 to provide
that the consideration for the vacations listed in PZ 2541 PZ 2555 and PZ 2578 shall be reduced according
to law
DISCUSSION
Tom Struhs of 511 East Bluff Street, Fort Worth Texas, acting on behalf of Fort Worth ISD has requested
vacation of said street segment to provide an expanded building site Existing improvements include water
sanitary sewer electric, telephone gas cable communications drainage and roadway paving with curbs
and gutters A utility easement shall be retained for any existing utilities (unless other satisfactory
arrangements are made including relocation at the applicants expense) The vacated street shall be
replatted with the adjacent property and include assurance of legal access to publicly dedicated right-of
way for any separately platted property A plat note stating that no permanent structures shall be
constructed over any existing water sanitary sewer or utility facilities shall be duly noted on the re-
plat. Reviewing City Departments expressed no issues with this request. The City Plan Commission
recommended approval of this request at its .public hearing held on April 27th 2005 An acceptable replat
must be recorded within 60 months Staff recommends that the consideration shalt be $1 00 as authorized
by Texas Local Government Code 272 001
On August 17 2004 M&C PZ 2541 was adopted authorizing vacation of alleys and various streets in 123
and 124 Block of the Original Town of Fort Worth On November 9 2004 M&C PZ 2555 was adopted
authorizing the vacation of alleys and various streets in Block 159 in the Original Town of Fort Worth On
March 29 2005 M&C PZ 2578 was adopted by City Council authorizing the vacation of a portion of East
Bluff Street. Staff recommends that the Council amend M&C PZ 2541 PZ 2555 and M&C PZ 2578 to
Lo~name 06VA-OS-011 PauP 1 ~f ~
provide that the consideration for the vacations shall be $1 00 per vacation as authorized by Texas Local
Government Code Section 272.001 Ail of these streets and alleys vacations included in this M&C are part
of the overall redevelopment project known as Trinity Bluff
This request is located in COUNCIL DISTRICT 9
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office by: Dale Fisseler (6140)
Originating Department Head. Bob Riley (8901)
Additional Information Contact: Nikki King (2412)
Lo~name 06VA-OS-011 PaaP. ~ of ~