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HomeMy WebLinkAboutOrdinance 11576r ORDINANCE NO. !J AN ORDINANCE VACATING, ABANDONING, CLOSING AND EXTINGUISHING A PORTION OF WABASH AVENUE, 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, Wabash Avenue, north of Collinsworth Street, 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 and 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. SECTION 3. That the vacation, abandonment, closure and extinguishment of the above described portion of the street right-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) submittal of a replat of lot 6P, Block 2, Michael Hughes Estates Subdivision, and the approval by the City of said replat; and (ii) the filing of said replat in the Tarrant County Plat Records within one hundred eighty (180) days following the adoption of this ordinance. In the event such replat is approved and filed of record in the Tarrant County Plat Records within the prescribed time, then a copy of said replat 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 replat as Exhibit "B" shall constitute conclusive evidence of the occurrence of such conditions. In the event said replat is not approved by the City and filed in the Tarrant County Plat Records within the prescribed one hundred eighty (180) 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 all 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. -2- APPROVED AS TO FORM AND LEGALITY: eputy City Attorney Date: '~~ ~ 6 " ~1~' ADOPTED • ~--~ `~'~ EFFECTIVE ~~~T -3- tt TR.IAIA ~ iR.SfI ~ X 7 2 1 Y! x] 2 1 9 4~ iR 0M2 ` F ~~ E ~~ o~ ,e 1 SCR 636 ~~~ ~Q~~~~y~ ~ A ~ ~Q' TR ]A 2 ~ ] ~2 a ] ~.~.. ~ 1 iR.1,A3 S A-R- t ~ ~ , R SC 3° Z / ~ c\ to • ~ ~ 9 ~~ ,o ~ v a ~ 3AIA 12 _. AR ~1 M G SA ~~ t7 TR SR] ~~jj7~ ~, ~„ ~V ]A1 ~O >'A ~ SR2 ~ SR, GO ,a GJ ,~ ' 1 • (/ ~ ~ 21 _ ~ c °O ~ 2 22R s,iR sn ~ ~~~ 1 ~ REn 2s °o eaE es eo ea a gT g ]A] / a T~ UNIYERSIT '° Q ,' PLA A ,~ ~ ~~~' ' tR ,o 4 / ~~ , ]-R woo . - ~~~' ~ ~ t ~c, , i / ~~ / ' - , ~- - --~ TR.. /~ ~ SCALE i' a300 ' ~ ~`~ ' 0 i50 300 APPLICANT DATE FILED L GEN REOUEST~ a ALLEY a STREET a EASEMENT REQUESTED VACATION LOCATION ~ ZONE 8OUN0ARY COMMISSION MEETING ORDINANCE NUMBER SECTOR/DISTRICT v ~ 9 3 ~ 3 7 rr+en r Itror~.r rrr an.rar EXHIBIT aA~~~ ~A6E I v l.oT 5R-2 ~'~ . ~ . , .. ~ vac, 8-50, 5 R - i -.-__.. -,._. Grri ST ~-~G-1 r7 h r r7 ~ • ' N0. • ~ , • h ~ T~~-~ -7 ~ • • m ~ , '. I/ ~N . ~ LOT ~oP , Q't5 -T'~lJY1') 13rJhK Voc,. ror24, PG. ~3~2 ~ a ~ ~ w ~ ~ .Z a lu e ' L.OT . ~•m • • • •I x ao so.o Wf 6T -' ' -.-~..~ e LOT ~•n CO1.1.117 StUORTH ST 0 -- ~ Y~ ~ ~ a „~ ~ w Q N ~ N J °° F- ~ ~C o V> t~. -r. s. ~XK16 tT aA~~ PAGE2 ~3 ~ 3? .._ ..d ~ ~F • ~ PROPERTY DESCRIPTION A portion of Wabash Avenue, a public ROW, according to the plat of Michael Hughes Estates recorded in Volume 388-X, Page 142, Plat Records, Tarrant County, Texas, and being more particularly described as follows: BE(3INNIN(3 at the northeast corner of said Wabash Avenue; THENCE south along the east ROW line of said Wabash Avenue, 178.30 feet to the northwest corner of Lot 2, Block 1, Carlson's Subdivision to the City of Fort Worth, according to the plat recorded in Volume 388-217, Page 78, of said plat records; THENCE west leaving said east ROW line 50.00 feet to the west ROW line of said Wabash Avenue; THENCE north along said west ROW line to the beginning of a cul-de- sac; THENCE in a northerly direction along said cul-de-sac to the north ROW line of said Wabash Avenue; THENCE east, 50.00 feet to the PLACE OF BEGINNING. LEGAL\9309700 ExN to ~T ~~A" ~ PA6E 3 City of Fort Worth, Texas Mayor and Counccill C'cnr~munication DATE REFERENCE NUMBER LOG NAME PAGE 05/24/94 PZ-1739 12MICHAEL 1 of 1 SUBJECT VACATION OF A STREET RIGHT-OF-WAY MICHAEL HUGHES ESTATES SUBDIVISION, BLOCK 2, LOTS 6-P, 5-R-2, AND 5-R-1, (WABASH AVENUE, NORTH OF COLLINSWORTH STREET) (V-93-37) RECOMMENDATION It is recommended that the City Council adopt the attached ordinance vacating a portion of Wabash Avenue as recommended by the City Plan Commission on September 29, 1993 DISCUSSION Mr Jim Dunaway, consultant, representing the adjacent property owners, has requested that the City Council vacate the above described street right-of-way, as further delineated on the attached map and field notes Reviewing City departments and private utility companies have raised no objections to this request It is customary for the vacation of a street right-of-way to take effect~prior to the filing of the plat in the Tarrant County Plat Records However, at the request of the petitioner, appropriate language has been included in the proposed ordinance which provides that the street vacation. and the release of the fee therein will 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 Until such time, the street right-of-way will remain open and will be maintained as a public right-of-way The subject right-of-way is located in City Council District NO 9 FISCAL INFORMATION/CERTIFICATION Acceptable arrangements have been made for payment of the street right-of-way in the amount of 515,750 00 CBI Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by (to) Charles R Boswell 8500 Originating Department ~~~R®'J CQ R U Head CITY ~~G~~~I~., Wade Adkins 7623 (from) ~g~4 For Additional Information ~ /)_ ' , ~~-c~./ l ~~ Contact tP Secretary of tFte Ci Wade Adkins 7623 CttyOfFortVS-orth,'Tex,a Adopfie~ Qrr~o~~anc~ r~®+ ~~ w i~~ Printed on recycled paper