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HomeMy WebLinkAboutOrdinance 12089~J ~;; ~~~ ~ ~ 10 ORDINANCE NO ~ 1 ^ AN ORDINANCE VACATING, ABANDONING, CLOSING AND EXTINGUISHING A PORTION OF WEST SECOND STREET, LAKE STREET AND LEXINGTON STREET, STREET RIGHTS-OF-WAY LOCATED WITHIN THE SMITH, RECTOR AND JENNINGS WEST ADDITION TO 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 West Second Street from Henderson Street to a point 145' west, Lake Street from West Seventh Street to Tenth Street, and Lexington Street south of West Seventh Street, a distance of 140', 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 is 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 dime n~ e c~ U~'c~ ~ n anCe 1 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-95-016, approved on June 28, 1995, by the City Plan Commission, (ii) the filing of said final plat in the Tarrant County Plat Records within three hundred sixty- five (365) 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, shall 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 li) 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 three hundred sixty five (365) 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 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 A sistant City Attorney Date ~ ~ ~ ~ R 9 ~ ADOPTED ~~ ~ S , 1 ~ 9 EFFECTIVE ~~c~~- 1ST i ~~ 9 ~~~51 J ~ 2 ~~ 1R C ~{~~~+ ,~ 11 g 16~ i3 1 7-R '`, ~ ' P 5 8 T 1 1 e s 10 1C IE !~~ ~. ~3~41A ~~ ti 2C ~ 2B 3 ~ 2D 2A ~ i A A'8~ C ' D X30 2D ~ 2B E _I ~ "_ F I I ~ , 1 z 36 z9 29 i 2A A llppticoni. Locot~on/Address• Heoring Date REMARKS __ RE UEST L4CATlON MAP _~_~~ S ~ 6 " 1~` ~~'oo ~~ tip' ~~G~~p 13 1 ~ 15 a ~~ ~~~ 1 1 ~~\~ '`~ ' F ~' ~ S~ A 3 1 2 ~ prp0• a !~~ s G ,,~o z _.Q~G ~ f' 1~ Q b • v ,~~,~~ A .2 1Q`'~.~~Q`G~~~`Z` Z ~ ~G~v JO , ~[ 3 3 ~ sT . iR ' ~~ 2 ~ J ` F IRSj u~ j'{ £0 N ~SHODI 0~ 4 ~ F~~NO TN `~ 3 ~ L 900 ~ 2 1 W S 6 I B 6 8 ~ ~j v TC 3N ~ 7 I A ~ 5 1 3 A R W g ~ Z 78 I SB J 3 l~ TA - _ _ ~ 10 11 ~ C IA TA SA 90o sc e , p{REHALL ~ - 78 . 2 R ~ SB 10R x ~ 1 W "~ ,~ ~ ie~ G~ ~9 ~C `j 5 ~A 900 700 SRS iR ` iR 3 1 1 1 ~ 3 to , 2 3 , 1 ,A 11 '" s W s z a L~ TR.S t C=.> 8 >G t00 4~1a '~ 1 2R IR lA 12 ~ et ~..n~v~~ LEGEND !t ~/ - ® Proposed Chonge ~_, _ Zornng Council D~stnct. t+~ap No. MAPSCO• p~str~ct Boundary Case No A-95-~1 V yn. Vrln PUBLIC LIBRARY ~ 1 City of Fort Worth, Texas Mayor and Council Communication DATE 08/15/95 REFERENCE NUMBER PZ-1828 LOG NAME 06LEXING PAGE 1 of 1 SUBJECT VACATION OF STREET RIGHTS-OF-WAY SMITH, RECTOR .AND JENNINGS WEST ADDITION (W SECOND STREET - 145' WEST OF HENDERSON STREET, LAKE STREET BETWEEN W 7TH STREET AND 10TH STREET AND 140' OF LEXINGTON STREET SOUTH OF W 7TH STREET) (VA-95-031) RECOMMENDATION it is recommended that the City Council adopt the attached Ordinance vacating a portion of W 2nd Street, Lake Street and Lexington Street as recommended by the City Plan Commission on June 28, 1995 DISCUSSION Mr James Dunaway, consultant, representing the adjacent property owners, has requested that the City vacate the above described street rights-of-way, as further delineated on the attached map Reviewing City departments and private utility companies have raised no objections to this request The applicant has requested that the City Council adopt an ordinance vacating the subject rights- of-way pending completion of a replat of the adjacent properties to be completed within 180 days of the adoption of the attached ordinance If such replat is not approved within this 180 days, the street vacations shall become null and void This request is located in COUNCIL DISTRICT NUMBER 9 FISCAL INFORMATION/CERTIFICATION The real property value is to be exchanged for potential right-of-way dedication as established by the final replat of the subject properties MG a Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPR Ann Kovich 89~, OVED Originating Department Head: CITY COUNCIL AS AMENDED Ann Kovich 8901 (from) AUG ~ ~ ~cn~ For Additional Information -'-""'r ~'!~ Cit Ss Contact: q cretarq ®f tA~ Cily of f Ort WOrth, ~~~$ Ann Kovich 8901 ~v iao~9