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Home My WebLink AboutOrdinance 13441 ORDINANCE NO. C AN ORDINANCE VACATING, ABANDONING, CLOSING AND EXTINGUISHING STREET RIGHTS-OF WAY, LOCATED IN OAK HILL CIRCLE, ABUTTING VILLAGES OF STONEGATE RIVERWOOD AND VILLAGES OF STONEGATE OAKBRIAR, TO THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR REVERSION AND RELEASE OF THE CITY'S RIGHT, TITLE AND INTEREST IN SAID LAND; PROVIDING FOR CONDITIONS PRECEDENT TO THE OCCURRENCE OF SAME; 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 subject right-of--way dedicated to Oak Hill Circle measures 60-feet in width and abuts Block 2, Villages of Stonegate Riverwood as recorded in Cabinet A, Slide 1686, Tarrant County Plat Records, Block 4, Villages of Stonegate Riverwood as recorded in Cabinet A, Slide 2993, Tarrant County Plat Records, Block 13, Villages of Stonegate Oakbriar as recorded in Volume 388-196, Pages 83 and 84, Tarrant County Plat Records, and Block 1, Villages of Stonegate Oakbriar as recorded in Cabinet A, Slide 2027 and 2201, Tarrant County Plant Records, and as said portions of said street rights-of--way are more specifically described in Exhibit "A", attached hereto and incorporated herein, be and the same are vacated, abandoned, permanently closed and extinguished SECTION 2. That subject to the occurrence of the conditions prescribed in section 3 hereof, all the City's right, title and interest in and to the land in and under the above described street rights-of way in released and shall revert to the property owner of the fee simple title to the land as provided by law SECTION 3. That the vacation, abandonment, closure and extinguishment of the above described portion of the street 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 (i) the approval of the final plat by the City Plan Commission, and (ii) the filing of said final plat in the Tarrant County Plat Records on or before May 8, 1998 In the event such final plat is approved and filed for record in the Tarrant County Plat Records within the prescribed time, then a copy of said final plat shall be attached as Exhibit "6" to this ordinance, as sames is filed in the office of the City Secretary of the City of Fort Worth, and the attachment of said final plat as Exhibit "6`' shall constitute conclusive evidence of the occurrence of such conditions In the event said plat is not approved by the City and filed in the Tarrant County Plat Records on or before September 15, 1998, then this ordinance shall become null and void, the same as if it had never been adopted, and the vacation, abandonment, closure and extinguishment of the street right-of-way, and the release and reversion of the right, title and interest in and to the land therein shall not take effect. SECTION 4. That all ordinances or parts of ordinances in conflict herewith are hereby repealed SECTION 5. That all ordinances 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 AND LEGALITY +~.~ Assistant City Attorney Ala ~l ~ ~-- Date ADOPTED ~'`-~~` ~L.-- EFFECTIVE ~r~ r~?y~ APPLICANT Dunaway Associates for Alamo Partners VA-97-030 r_ 11 Iz I1 ,. 15 Ir I6 9 19 O ZO I ~ x tl !- 22 o ~~ z~ to-a t] NORTH SCALE. 1 " = 300 LOCATION /ADDRESS Oak Hill Circle ~~~~ LOCATION, HEARING DATE COUNCIL MAP NO MAPSCO ZONING DISTRICT DISTRICT s 44-5&6 ' 75U BOUNDARY REMARKS Street Vacation EXHtB(T Gity of Fort Wor[h Department o/ Development \ ' REQUEST LOCATION MAP City of Fort Worth, Texas ~1-~Ayar And Caunc~l ammun~cAt~an C DATE REFERENCE NUMBER LOG NAME PAGE 5!5/98 **PZ-2038 O60AKHILL 1 of 2 SUBJECT STREET RIGHT-OF-WAY VACATION FOR OAK HILL CIRCLE. ABUTTING BLOCKS 2 AND 4, VILLAGES OF STONEGATE RIVERWOOD; AND BLOCKS 1 AND 13, VILLAGES OF STONEGATE OAKBRIAR (FILE NO VA-97-030) It is recommended that the City Council adopt the attached Ordinance vacating a segment of right-of- way dedicated for Oak Hill Circle extending from the south line of Oak Park Lane to a terminus aligned with the projected northwest lot line of Block 2, Villages of Stonegate Riverwood The subject right-of- way measures 60 feet in width and abuts Block 2, Villages of Stonegate Riverwood, as recorded in Cabinet A, Slide 1686, Tarrant County Plat Records; Block 4, Villages of Stonegate Riverwood as recorded in Cabinet A, Slide 2993, Tarrant County Plat Records, Block 13, Villages of Stonegate Oakbriar as recorded in Volume 388-196, Pages 83 and 84, Tarrant County Plat Records; and Block 1, Villages of Stonegate Oakbriar as recorded in Cabinet A, Slides 2027 and 2201, Tarrant County Plat Records. Alamo Partners, on behalf of the Villages of Stonegate Homeowners Association, Inc. and the Villages of Stonegate Phase I Homeowners Association, Inc., and with the written consent of all abutting property owners, has requested that the City vacate the above described street right-of-way The subject right-of-way, acquired by dedication, will be physically closed and retained as a private emergency access and utility easement. Reviewing City departments and private utility companies have raised no objections to this request. This request was recommended for approval by the City Plan Commission on August 27, 1997 This request was originally approved by the City Council on November 11, 1997 by adoption of Ordinance No. 13232. That ordinance contained a stipulation that would declare the vacating ordinance null and void in the event the required replat was not approved by the City and filed in the Tarrant County Plat Records on or before May 8, 1998. The applicant's consulting engineer, Dunaway Associates, Inc., is now requesting that a new draft ordinance be considered for adoption that would extend the plat filling deadline to September 15, 1998 The purpose for this extension is to allow more time for the adjacent homeowner associations to finalize plans for the physical closure of the subject street. Once all conditions contained in the new draft ordinance have been satisfied, the subject street right-of- way will revert to the Villages of Stonegate Homeowners Association, Inc. and the Villages of Stonegate Phase I Homeowners Association, Inc. Appropriate language has been included in the new draft ordinance which provides that the street vacation, and the release of the fee therein, would not become effective unless and until a final plat reflecting the vacation is approved by the City and filed in the Tarrant County Plat Records by September 15, 1998. In the event the plat is not approved and filed in the .plat records by September 15, 1998, the ordinance would become null and void and the vacation, abandonment, closure and extinguishment of the subject street right-of--way will not take effect. This request is located in COUNCIL DISTRICT 9 City of Fort Worth, Texas ~l'1,~' Ayor and Caunc~l CommunicAt~an DATE 515/98 REFERENCE NUMBER **pZ_2038 LOG NAME 060AKHILL PAGE 2 of 2 sue~ECT STREET RIGHT-OF-WAY VACATION FOR OAK HILL CIRCLE. ABUTTING BLOCKS 2 AND 4, VILLAGES OF STONEGATE RIVERWOOD; AND BLOCKS 1 AND 13, VILLAGES OF STONEGATE OAKBRIAR (FILE NO VA-97-030) FISCAL INFORMATION/CERTIFICATION. The Land Agent for the City of Fort Worth has determined that a $1,500 00 fee satisfies .the interest of the City of Fort Worth MG:m Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) a~PROV~ Mike Groomer 6140 CITY COUNCIL Originating Department Head: MAY 5 '~ Ann Kovich 8901 (from) ~J Additional Information Contact: ~ !a[t ~7 Ann Kovich 8901 ` gdopted Ordinance ~to.l~~~l