Adopt Ordinance Vacating a Portion of South Calhoun Street and East Pennsylvania Avenue in the Near Southside to be Replatted with the Adjoining Property for a Future Commercial Development, and Authorize the Execution of Conveyance Instruments (COUNCIL DISTRICT 9)

It is recommended that:

1.  The City Council adopt the attached ordinance vacating a portion of South Calhoun Street and a portion of East Pennsylvania Avenue in the Near Southside to be replatted with the adjoining property for a future commercial development;

2. Waive any and all purchase fee value of the vacated land in accordance with City policy for the portions of the right-of-way dedicated by plat; and

3.  Authorize the execution and recording of the appropriate instruments conveying the property to complete the vacation of the streets.

4. Accept payment in the amount of $36,260 for the portion of right-of-way being vacated that was acquired by the City in fee.

Dunaway Associates, Inc., on behalf of Larch Hills Southside FW, LLC, has requested the vacation of these portions of right-of-way to be replatted with the adjoining property for a future commercial development in the Near Southside.  The City Plan Commission recommended approval of this request at its meeting on September 27, 2017.  An acceptable replat (FS-17-199) has been received.

The City of Fort Worth (City) originally obtained a portion of the mentioned right-of-way through plat dedication (see attached vicinity map). The City does not own any fee interest in the rights-of-way or own any property adjacent to the right-of-way and did not expend any City funds to purchase this portion of the right-of-way easement. In accordance with the City's policy regarding street and alley vacation transactions approved by the City Council on March 6, 2007, Mayor and Council Communication (M&C G-15624), staff recommends waiving the fair market value or the portion of right-of-way where no purchase price was paid by the City. A portion of this requested vacation was acquired by the City in fee and will require purchase at fair market value.   

Upon approval of the vacation of the public right-of-way, a deed without warranty will be executed to release all rights and interests, with the exception of the utility easements, in the public right-of-way (see attached vicinity map).  No structures shall be allowed to be built in the retained easements.  The applicant will pay $36,260.00 in fair market value for the vacated public right-of-way that was acquired by the City in fee.  

This project is located in COUNCIL DISTRICT 9.

A Form 1295 is not required for this contract because:  This M&C does not request approval of a contract with a business entity.