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HomeMy WebLinkAboutOrdinance 14080ORDINANCE NO. ~' AN ORDINANCE VACATING, ABANDONING, CLOSING AND EXTINGUISHING LEXINGTON STREET BETWEEN 7TH STREET AND 5TH STREET, J B RECTOR ADDITION AND FIRESTONE ADDITION, TO THE CITY OF FORT WORTH, TEXAS, PROVIDING FOR REVERSION OF FEE 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 a portion of Lexington Street right-of-way, being 30 foot wide by 230 foot long and containing 6,900 square feet located between Block 2R, Firestone Addition and Block 4, J B Rector Addition, and between West 5th and West 7th Street, as recorded in Volume 388-70, Page 36, and in Cabinet A, Slide 3623, Plat Records, Tarrant County, Texas, and as more specifically described in Exhibit A attached hereto and incorporated herein by reference be and the same is vacated, abandoned and permanently closed and extinguished SECTION 2 That the fee to the land in the above described street right-of-way is hereby released and shall revert to the adjacent owner as provided by law, SAVE AND EXCEPT that existing utility, drainage and public access easements within the vacated portion of the street right-of-way shall be retained for any existing or prospective utilities or public access purposes SECTION 3 That all ordinances or parts of ordinances in conflict herewith are hereby repealed SECTION 4. 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J i ~_I r~ ~- ~ f ~f~, ~~ ~ ~ ~-- ~~ .. 1 - N C~ ~~'~ 1 ~ ~ O ~ ~ Not To Scale Case Number Block 1R Firestone Addition WEST 5TH ST .N 89°28'44" E~ 30 00' POINT OF BEGINNING 6,900 sf 0 16 Ac W o ° W o o o `" ~ ~ N ~ PROPOSED RIGHT-OF-WAY VACATION Flock 2R ~ o w Firestone ~° ~ ~ Flock 4 Addition o ~ o JR Rector ° ~ a ~ Addition ~S 89'28'44" W 30 00' WEST "7TH ST Block 1 R Firestone Addition DUNAWAY ASSOCIATES, Inc ENGINEERS -LANDSCAPE ARCHITECTS -PLANNERS -SURVEYORS 1501 Merrimac Circle, Suite 100 - Fort Worth, Texos 76107 Phone (817) 335-1121 Metro (817) 429-2135 Fax (817) 335-7437 Scale: 1 "=60' E-~ W C~ O~ 0 w w Right- of -way j Vacation for LEXINGTON STREET March 1999 LEGAL DESCRIPTION BEING a 0 16 acre tract of land in the A. Robinson Survey, Abstract No 1289, situated in the City of Fort Worth, Tarrant County, Texas and being more particularly described as follows. BEGINNING at the northeast corner of Block 2R of the Firestone Addition, an addition to the City of Fort Worth as recorded in Cabinet A, Slide 3623 of the Plat Records of Tarrant County, Texas, said corner also being the intersection of the south right-of-way line of West 5th Street (60' ROW) and the west right-of-way line of Lexington Street (30' ROW), said point also being the northwest corner of the herein described tract, THENCE N89°28'44"E along the south right-of-way line of said West 5th Street, 30 00 feet to the northwest corner of Block 4 of the JB Rector Addition, an addition to the City of Fort Worth as recorded in Volume 388-70, Page 36 of the Plat Records of Tarrant County, Texas, said point being the intersection of the south right-of-way line of said West 5th Street and the east right-of-way line of said Lexington Street, said point also being the northeast corner of the herein described tract, THENCE S00°31'16"E along the west line of said Block 4 and along the east line of said Lexington Street, 230 00 feet to the southeast corner of said Block 4, said point being the intersection of the north right-of-way line of West 7th Street (80' ROW) and the east right-of-way line of said Lexington Street, said point also being the southeast corner of the herein described tract, THENCE S89°28'44"W along the north right-of-way line of said West 7th Street, 30 00 feet to the southeast corner of said Block 2R, said point being the intersection of the north right-of-way line of said West 7th Street and the west right-of-way line of said Lexington Street, said point also being the southwest corner of the herein described tract, THENCE N00°31'16"W along the east line of said Block 2R and along the west right-of-way line of said Lexington Street, 230 00 feet to the POINT OF BEGINNING and containing 6,900 square feet or 0 16 acres of land, more or less Right- of -way ~•~~~.~~~ Vacation DUNAWAY ASSOCIATES, Inc ENGINEERS -LANDSCAPE ARCHITECTS -PLANNERS -SURVEYORS 1501 Merrimac Circle, Suite 100 - Fort Worth, Texas 76107 Phone (817) 335-1121 Metro (817) 429-2135 Fox (817) 335-7437 for LEXINGTON STREET March 1999 terminated as herein provided, shall end on December 31 immediately preceding the tenth (10th) anniversary of the Beginning Date Upon issuance of the final certificate of occupancy, City shall also certify that the Required Improvements have been completed in satis.action of the terms of this Agreement. IV. ~DpITIONIIL T8RM8 IIND ~" ONDITION@ A Construction of the Required Improvements, construction of off-site improvements within public sight-of-way and the dedication of street right-of-way and pedestrian easements pursuant to a final approved plat and site plan shall serve as full consideration for the street rights-of-way vacated pursuant to Ordinance No 12676 B City hereby grants Owner an irrevocable and perpetual right to construct, repair and maintain improvements over, across and on those portions of the drainage and sewer line, facilities and easements located within Phase I, Phase II, and Phase III property provided that such improvements are designed and constructed in sucn a mannar so as not to impair the integrity or operation of the facilities located within such easements Should it become necessary for the City to repair, replace, maintain, remove, enlarge, service or alter in any way the facilities lying in, on or under the Premises, City shall not unreasonably disrupt operations on the Premises and shall restore the Premises and any Improvements thereon to the condition in which same were found before such work was undertaken In the event that the City desires to relocate a facility rather than repair, replace, maintain, remcve, enlarye, service or alter said facility in its present location, Owner agrees to dedicate at no cost to the Ctiy the necessary easements for relocation of the facility at City's expense; provided, however, that such relocation does not interfere with Owner's development plan or improvements construc~ed City shall be responsible to Owner, its successors and assigns, for any damage sustained to any real or personal property as a result of the negligent performance of such work City agrees to cooperate with Owner and execute any documents required by Owner's lender or prospective lender concerning placement, removal, maintenance, restrictions, and/or liabilities concerning such easements, any facilities located therein, and any responsibilities related thereto; provided that City shall not be required to execute any documents or enter into any agreements granting any greater rights or assuming any greater liability than set forth herein The provisions of this Paragraph IV B shall survive the termination of this Agreement City of Fort Worth, Texas ~1-~A~ar And aunc~l an~inun~cAt~an C C r~~~ DATE 2/8/00 REFERENCE NUMBER **PZ-2172 LOG NAME 06LEX PAGE 1 of 1 suB~ECT STREET VACATION, LEXINGTON STREET BETWEEN 5TH STREET AND 7TH STREET, J B RECTOR ADDITION AND FIRESTONE ADDITION, FORT WORTH, TEXAS VA-99-021 RECOMMENDATION It is recommended that the City Council adopt the attached ordinance vacating a 30-foot wide by 230-foot long Lexington Street right-of-way containing 6,900 square feet, located between Block 2R, Firestone Addition and Block 4, J B Rector Addition, and between West 5th Street and West 7th Street, Fort Worth, Texas, as recorded in Volume 388-70, Page 36, and in Cabinet A, Slide 3623 of the Plat Records, Tarrant County, Texas DISCUSSION The Phoenix Property Company, owner of the property on either side of this street, has requested vacation of this right-of-way to enable the development of a common pedestrian access walkway Reviewing City departments and public utility companies have raised no objections to this vacation request. The City Plan Commission reviewed and approved this request on April 28, 1999 An acceptable re-plat has been submitted and processed Utility, drainage and public access easements have been retained over the vacated portion A fee in the amount of $6,900 for the interest in the vacated right-of-way has been waived by the City Engineering Department per agreements referenced in City Secretary Contract No 222347, Section IV 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 MGj Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer `' 6140 /'gym® Originating Depar'tmenE Head: cj~~ l ~/®~~ Ann Kovich 8901 (from) pi ~~ ~ 2QQQ Additional Information Contact: _ 'y~,y~s~~A~ Ann Kovich 8901 ~ ` Adnoted Ordinance ^i~. ~''