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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 F 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 f ~~ Deputy City Attorney t Date ~ - 3 - 9 S ~J ADOPTED • ~ <' ~~ EFFECTIVE ~- "I- ~~ -3- o+tu.Is ~ ~ s ~ s : 1 co iNTERStATE 011 Y1] I IS { 7 . ~ 10 ~ 10 11 ~ ~ s ~ ] : 1 s ~ ~: T TR.ONt / le • / TR. 7A 1 s • s 12 ~ ~ -~-~ ~1t,~ t S~~V6 a ~ ~~ TR.~11 ~; - 1~/A ~~ \\ TR A S~ .7 ~~' S~'~ • ~' ~ 1 I R. I TR.tAIA TR.SiI ~~ • 4 F Q a ~ ] = a ~/ 1 TR.11A3 A-R-1 t ~ SA TR SR] ~/ SR2 G~ SRI 7 ~ ~ ~~ TR. l • J0~ M ~ yS k < S A.tR !M < A .. ~,~~ ~ ~ ]AIA t JAI ]~A ~Q ~~ ]A2 _ 1 / so ~ ~ w w fR e. ~'gJg~ ]A] UNIYERSIT SCALE i'='300 ~a~~ nn APPLICI-NT - D/-TE FILED -- LE END TYPE OF Q ALLEY REOUEST~ Q STREET a EASEMENT REQUESTED VACATION LOCATION ~~ ~ ~~ ZONE BOUNDARr PfI G E l A EXH I B I T - 9 3 - 3 6 COMMISSION MEETING ORDINANCE NUMBER SECTOR/DISTRICT V ..n ~n.mr arm ~ ~~o~~n ~~'dd ~„d, ~.,~,HX3 •~a ~ylisU~n~un Hlnos ~~ 8o eo b6 6E o^,61 E£.208 ~'~,6~i 82.205 ~ ` ~_ c • •. I I~ r w ) ~ o H ~ ~ h ~ ~ ~ O N 0 ~ Y `~ ~~ ~ ~ ~ a c ~ w ' - C v = V _ Q N N N o ~° o, ~ _ ao ~M , a R ~ 3 ~~ -- , ~ ~ ~ ~ c _ w ~ ~ > C c ~ a '0 0 3 • ~ • • • C 00 08 • • I c ~ ' • '~ da 0 O~ +, J Q 0 ~ ~ ~ ~"' F ~_ ~ N ~ ~ ~ ~ ~ C ~ cJ `~ 3 ~ o C c n ~ ~ p v d~ ~~ • z a r 6 c e `- W ~g~ ~~ s ~~ ~ ~ ~~ 0 ~~ ~~'~ d Q ~~ 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: ~ ~~~ Wade Adkins 7623 (from) ~~ ~ ,r~ For Additional Information ~ CGUS-tJ 6 Contact: City Sem'e~sT Of tlud Git of Fort Wortle ? William W Wood 7605 p , ewes --«~ Printed on recycled paper