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HomeMy WebLinkAboutOrdinance 4807 OFFICIAL RECORD ORDINANCE NO. ` fT CITY SECRETARY AN ORDINANCE PERMITTING E. L. FRAZIER ET UX., ANNA11 FT. WORTH, TEX. FRAZIER, THEIR HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, TO LEAVE THE CONCRETE STEPS AND PORCH OF A TWO-STORY BRICK FOUR-UNIT APARTMENT FOR A MiAX- IMUM DISTANCE OF 3.8 FEET IN THE RIGHT OF WAY OF SUMMIT AVENUE; AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY. WHEREAS, E. L. Frazier et ux., Anna Frazier, are the owners of an existing building located on the North 65 feet of the South 165 feet of the West Half of Block 30, Jennings West Addition to the City of Fort Worth, Tarrant County, Texas, the remodeled porch and steps of which will extend 3.8 feet into the right of way of Summit Avenue; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That E. L. Frazier et ux., Anna Frazier, the owners of said land above described and the improvements situated thereon, and their heirs, executors, administrators and assigns, be permitted to place their remodeled porch and steps for a maxi- mum distance of 3.8 feet into and across the easterly line of Summit Avenue, and that said improvements be allowed to stand during the life thereof in and upon the following described portion of Summit Avenue: Commencing at the original southwest corner of the apartment house property, thence east a dis- tance of 18.6 feet to the proposed southwest corner, thence north a distance of 20 feet along the east line of Summit Avenue to the point of beginning; Thence west a distance of 4 feet to a point; Thence north a distance of 37 feet to a point; Thence east a distance of 4 feet to a point in the east line of Summit Avenue; Thence south a distance of 37 feet to the _point of beginning. SECTION 2. That in the event such improvements be demolished or major alterations and repairs be made to the porch and steps, the same shall be reconstructed or repaired so as not to en- croach upon Summit Avenue and so as to be in compliance with the then existing ordinances, rules and regulations of the City of Fort Worth, Texas. SECTION 3. It is specifically understood and agreed that the City of Fort Worth shall never be held liable for any suits, causes of action or claims for damages by reason of the existence of such encroachment in and upon Summit Avenue; and the said E. L. Frazier and wife, Anna Frazier, their heirs, executors, administrators and assigns, in consideration of the granting of such permission, agree to indemnify and save whole and harm- less the City of Fort Worth from any and all costs, expenses or damages arising out of any claim or cause of action, whether real or asserted, as a result of said encroachment being per- mitted to be placed in Summit Avenue. 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 ordained. APPROVED AS TO FORM A11D LEGALITY: City Attorney CITY OF FORT WORTH � � • � TEXAS OFFICE OF THE CITY MANAGER Communication to Mayor and C0MCl�,. �{ 0 CITY SECRET,R A. 1963 E WORTH, TE ' Honorable Mayor and Re: Acquisition of Right-of-Way, Members of the City,Council Summit Avenue Improvement, City of Fort Worth CIP G-5 Mrs. McKnight and Gentlemen: On January 7, 1963, (M&C PW-1484) the Council authorized the purchase of the west 18.6 feet of the north 65 feet of-the south 165 feet of the vest one-half of Block 300 Jennings West Addition, and authorized the Mayor to execute an easement permitting a concrete porch and steps to extend and encroach into Summit Avenue 3.8 feet so long as the building remains on the site. However, the City Attorney advised that permission for this encroachment must be granted by Ordinance rather than easement. It is recommended that the City Council rescind that portion of this action of January 7, 1963, authorising the Mayor to execute the easement, and that an ordinance be adopted permitting the concrete porch and steps to extend and encroach into Summit Avenue 3.8 feet. Respectfully submitted, 9144101� To . Brownlee City Manager JLB:mm CITY OF FORT WORTH, TEXAS THE SUBJECT MATTER OF TRIS kale C.C. WAS P2ES";NTED TO THE CITY COUNCIL FEB AND WAS Q�APPROVIW r/ 0,V. Ac. 41�' 4-City Secretary