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 ~
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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
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Contact: q
cretarq ®f tA~
Cily of f Ort WOrth, ~~~$
Ann Kovich 8901
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