HomeMy WebLinkAboutOrdinance 12676s°7
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ORDINANCE NO.~~ ZD
AN ORDINANCE VACATING, ABANDONING, CLOSING AND
EXTINGUISHING PORTIONS OF WEST SECOND STREET, LAKE
STREET AND LEXINGTON STREET, STREET RIGHTS-OF-WAY
LOCATED WITHIN THE SMITH, RECTOR AND JENNINGS WEST
ADDITIONS 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 to the occurrence of the conditions prescribed in Section 3 hereof•
West Second Street from Henderson Street to West Fifth Street, Lake Street from West
Seventh Street to West Tenth Street, and Lexington Street from West Seventh Street to
West Tenth Street, 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 by the City of the final plat resulting from Preliminary Plat No PP-
96-031, approved on August 28, 1996, by the City Plan Commission, (ii) the filing of
said final plat in the Tarrant County Plat Records within two hundred and ten (210) days
following the adoption of this ordinance, and (iii) the filing by Phoenix Property
Company of Texas, Inc , or its successor or assign of a restrictive covenant prohibiting
demolition of the Firestone Service Store located at 1001 W Seventh Street in its
entirety or demolition of any part of the structure which would permanently impair the
structural, historic or architectural integrity of such structure The restrictive covenant
shall be filed in the Tarrant County real property records concurrently with filing the final
plat described above Such covenant shall run with the land, shalt be binding on all
subsequent owners of the Firestone Service Store and shall be in form and substance
satisfactory to the City of Fort Worth In the event that 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 "B" to this ordinance, as same is 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 evidence of the occurrence of conditions (i) and
(ii) In the event that the restrictive covenant is filed for record in the Tarrant County
real property records within the prescribed time, then afile-marked copy of such
restrictions shall be attached as Exhibit "C" to this ordinance, as same is filed in the
office of the City Secretary of the City of Fort Worth, and the attachment of the
restrictions as Exhibit "C" shall constitute evidence of the occurrence of condition (iii)
In the event that conditions (i), (ii) and (iii) have not been satisfied within two hundred
ten (210) days following the adoption of this ordinance, 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 rights-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
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City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE I
09/17/96 PZ-1919 06RIGHT 1 of 3
SUBJECT STREET RIGHT-OF-WAY VACATIONS (VA-95-031, VA-95-057 & VA-96-042) 1)
WEST SECOND STREET (BETWEEN HENDERSON STREET AND WEST FIFTH STREET),
2) LAKE STREET (BETWEEN WEST SEVENTH STREET AND WEST TENTH STREET),
AND, 3) LEXINGTON STREET (BETWEEN WEST SEVENTH AND WEST TENTH
STREET)
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance vacating the following
street rights-of-way
1) WEST SECOND STREET -entire segment located between the west right-of-way line
of Henderson Street and the north right-of-way line of West Fifth Street composed
of the following segments
a A segment originating from the west right-of-way line of Henderson Street
and extending westward 145 feet as originally vacated by Ordinance No
12089 (Case No VA-95-031),
b A segment measuring 65 feet in length beginning at a point located 145
feet from the west right-of-way line of Henderson Street, situated
adjacent to, and directly in front of, Lot "J," Finley's Addition, as
approved by the Plan Commission on October 25, 1995 as Case No VA-
95-057, and,
c A segment measuring 325 feet in length beginning at a point located 210
feet from the west right-of-way line of Henderson Street and extending
to the north right-of-way line of West Fifth Street as approved by the Plan
Commission on August 28, 1996 as Case No VA-96-042
2) LAKE STREET -entire segment located between the south right-of-way line of West
Seventh Street and the north right-of-way line of West Tenth Street as originally
vacated by Ordinance No 12089 (Case No VA-95-031)
3) LEXINGTON STREET -entire segment located between the south right-of-way line of
West Seventh Street and the north right-of-way line of West Tenth Street composed
of the following segments
a A segment originating from the south right-of-way line of West Seventh
Street and extending southward 140 feet as originally vacated by
Ordinance No 12089 (Case No VA-95-031),
Printed on Recycled Paper
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
09/17/96 PZ-1919 06RIGHT 2 of 3
SUBJECT STREET RIGHT-OF-WAY VACATIONS (VA-95-031, VA-95-057 & VA-96-042) 1)
WEST SECOND STREET (BETWEEN HENDERSON STREET AND WEST FIFTH STREET),
2) LAKE STREET (BETWEEN WEST SEVENTH STREET AND WEST TENTH STREET),
AND, 3) LEXINGTON STREET (BETWEEN NEST SEVENTH AND WEST TENTH
STREET)
b A segment measuring 156 5 feet in length beginning at a point located
140 feet from the south right-of-way line of West Seventh Street
extending southward to the north right-of-way line of West Tenth Street,
as approved by the Plan Commission on October 25, 1995 as Case No
VA-95-057
DISCUSSION
Dunaway Associates, Inc , on behalf of Phoenix Property Company, owners of the subject
property, has requested that the above described street rights-of-way be vacated in order to
facilitate the assembly of property for the proposed Firestone/Phoenix residential development
The subject streets, acquired by dedication, contain sewer, gas, telephone, electrical and cable
facilities Easements will be dedicated on the replat of the subject properties for access to all
existing utility facilities Reviewing City departments and private utility companies have raised
no objections to this request A satisfactory replat has been submitted
The above referenced Ordinance No 12089 was approved by City Council on August 15, 1995
for the vacation of Lake Street and parts of Lexington and Second streets as described above
The previous ordinance stipulated that the subject vacations would become null and void if a
satisfactory replat is not approved and filed with Tarrant County Plat Records within 180 days
of ordinance adoption This deadline passed without the City receiving a replat from the
applicant which thus rendered the previous ordinance null and void The applicant has now
submitted a satisfactory replat which will be approved and filed with Tarrant County Plat Records
upon adoption of the proposed new ordinance
Vacations for the above described remaining (not-yet-vacated) segments of Second and
Lexington streets have been approved by the Plan Commission (cases VA-95-057 & VA-96-042)
and are now being included as a part of the proposed new ordinance
This request is located in COUNCIL DISTRICT NUMBER 9
Printed on Regcled Paper
City of Fort Worth, 7"exas
Mayor and Council Communication
DATE
09/17/96 REFERENCE NUMBER
PZ-1919 LOG NAME
06RIGHT PAGE
3 of 3
SUBJECT STREET RIGHT-OF-WAY VACATIONS (VA-95-031, VA-95-057 & VA-96-042) 1)
WEST SECOND STREET (BETWEEN HENDERSON STREET AND WEST FIFTH STREET),
2) LAKE STREET (BETWEEN WEST SEVENTH STREET AND WEST TENTH STREET),
AND, 3) LEXINGTON STREET (BETWEEN WEST SEVENTH AND WEST TENTH
STREETD
FISCAL INFORMATION/CERTIFICATION
The Land Agent for the City of Fort Worth will determine the fee that satisfies the interest of the
City of Fort Worth in this request
Mg m
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPRO
V
ED
Mike Groomer 6140 r
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Originating Department Head: "
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Ann Kovich 8901 (from)
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For Additional Information ,
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Contact: 'Texms
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City
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.Ann Kovich 8901
Printed on Recycled Paper f `~~~/~-i~ ~ ~ ~~
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