HomeMy WebLinkAboutOrdinance 11865ORDINANCE NO ~~-
AN ORDINANCE VACATING, ABANDONING, CLOSING AND
EXTINGUISHING A PORTION OF UNIVERSITY PARK DRIVE, A
STREET RIGHT-OF-WAY LOCATED WITHIN THE MICHAEL HUGHES
ESTATES SUBDIVISION OF THE CITY OF FORT WORTH, TEXAS;
PROVIDING FOR THE 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, University Park Drive from the west right-of-way
line of University Drive, westwardly to the end of University Park
Drive, as said portion of said street right-of-way is more
specifically described in Exhibit "A", attached hereto and
incorporated herein, be and the same is 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 right-of-way is
released and shall revert to the property owner of the fee simple
title to the land as provided by law, subject to the retention of
a public utility easement shown on Exhibit "B" of this ordinance,
such easement being for existing and future utilities
SECTION 3
That the vacation, abandonment, closure and extinguishment of
the above described portion of the street right-of-way, and the
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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 P-93-17, approved on September 29, 1993, by
the City Plan Commission, and (ii) the filing of said final plat in
the Tarrant County Plat Records within ninety (90) days following
the adoption of this ordinance 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 "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
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 within the prescribed ninety (90) day
period, 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
-2-
SECTION 5
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 AND LEGALITY
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Deputy City Attorney
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City of Fort Worthy Texas
Mayor and' Council Communication
DAIS REFERENCE NUMBER LOG NAME PAGE
03/07/95 **pZ_1790 12PARK 1 of 2
SUBJECT VACATION OF STREET RIGHT-OF-WAY MICHAEL HUGHES ESTATES SUBDIVISION,
BLOCK 2, LOTS 4 AND 8-R-1, (UNIVERSITY PARK DRIVE, WEST OF UNIVERSITY
DRIVE) (V-93-36)
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance vacating University Park
Drive from the west right-of-way line of University Drive, westwardly to the end of University
Park Drive, as recommended by the City Plan Commission on September 29, 1993
DISCUSSION
In 1994, Jim Dunaway, consultant, representing the adjacent property owners, requested that
the City vacate University Park Drive as described above Reviewing City departments and
private utility companies raised no objections to this request There is an existing eight (8) inch
water line located within University Park Drive and acceptable arrangements have been made
with the Water Department to provide a 15 foot utility easement for this existing water line
On September 6, 1994, the City Council approved M&C No PZ-1760, adopting Ordinance No
11664, vacating the subject right-of-way It is customary for the vacation of a street right-of-
way to take effect prior to the filing of the replat in the Tarrant County Plat Records However,
at the request of the petitioner, appropriate language was included in the adopted ordinance
which provided 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 The adopted ordinance further provided that in the event the
plat was not approved by the City and filed in the plat records within 180 days following the date
of adoption of the ordinance, then the ordinance would become null and void and the vacation,
abandonment, closure and extinguishment of the street right-of-way would not take effect
The City has now been informed by the adjacent property owner that the final plat, which
includes the vacation of the subject right-of-way, will not be completed within the prescribed 180
day period (ending March 5, 1995), thus making City Ordinance No 11664, null and void
Accordingly, the adjacent property owner is requesting that the City Council adopt another
ordinance vacating and abandoning the subject right-of-way, similar to the vacation and
abandonment contemplated under City Ordinance No 11664
i~~ Printed on recycled paper
City of Fort Worth, Texas
Mayor and Council Communication
DATE
03/07/95 REFERENCE NUMBER
**PZ-1790 LOG NAME
12PARK PAGE
2 of 2
SUBJECT VACATION OF STREET RIGHT-OF-WAY MICHAEL HUGHES ESTATES SUBDIVISION,
BLOCK 2, LOTS 4 AND 8-R-1, (UNIVERSITY PARK DRIVE, WEST OF UNIVERSITY
DRIVE) (V-93-36)
The City Attorney's Office has prepared the necessary ordinance, and the City staff recommends
it be adopted The attached ordinance provides that the subject plat must be approved by the
City and filed in the Tarrant County Plat Records within 90 days following adoption of the
ordinance, or the ordinance will become null and void
CB r
Submitted for City Manager's FiJND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) ^
~PRV V G~
Charles Boswell ssoo CITY COUNCIL
Originating Department Head:
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Wade Adkins 7623 (from) ~~
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For Additional Information ~
CGUS-tJ 6
Contact: City Sem'e~sT Of tlud
Git
of Fort Wortle
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William W Wood 7605
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