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HomeMy WebLinkAboutOrdinance 18012-03-2008ORDINANCE NO.18012-03-2008 AN ORDINANCE VACATING AND EXTINGUISHING A PORTION OF MERCANTILE DRIVE RIGHT OF WAY, LOCATED IN LOT 3 AND 4 BLOCK 3 OF THE MERCANTILE CENTER ADDITION, AN ADDITION TO THE CITY OF FORT, AS RECORDED IN VOLUME 11752, PAGE 190 AND VOLUME 11752, PAGE 207 OF THE DEED RECORDS OF TARRANT COUNTY TEXAS, CONTAINING APPROXIMATELY 1,423 SQUARE FEET OF LAND; PROVIDING FOR REVERSION OF FEE IN SAID LAND, PROVIDING THAT THE CITY SHALL RETAIN ALL EXISTING UTILITIES EASEMENTS; 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 a portion of Mercantile Drive right of way, located in Lots 3 and 4, Block 3 of the Mercantile Center Addition, David Odom Survey, Abstract No. 1184, as recorded in Volume 11752, Page 190 and Volume 11752, Page 207 of the Deed Records of Tarrant County Texas, containing approximately 1,423 square feet or 0.033 acre of land, and as more specifically described in Exhibits "A" and "B" attached hereto and incorporated herein by reference be and the same is vacated and extinguished. SECTION 2. That the easement to the land in the above-described vacated street right of way is hereby released and shall revert to the adjacent owner as provided by law. 1 SECTION 3. All existing utility easement be shall be retained by the City until such time all utilities located in that easement are relocated at the owner's expense. SECTION 4. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. That this ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY': `~U V ` ~t,~. ., Assistant City Attorney Adopted and Effective: March 18 2008 2 "EXHIBIT A" RIGHT-OF-WAY VACATION Lot 4, Black 3, Lots 3 & 4, Block 3, Mercantile Center Addition David Odurn Survey, Abstract No 1184 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 1,423 square foot (0 033 acre) #ract of land situated in the David Odum Survey, Abstract No 1184, Tarrant County, Texas; said tract being part of that tract of land described in Special Warranty Deed to Mercantile Partners, ~ P recorded in Volume 11752, Page 190 and Volume 11752, Page 207 of said Deed Records; said 1,423 square foot tract being more particularly described as follows: BEGINNING, at a point for corner in the existing west right-af-way line of Mercantile Drive (a 68-foot wide right-of-way); said point being the beginning of a curve to the left; THENCE, along the said existing west line of Mercantile Drive, the following three (3} calls: In a westerly direction, along said curve to the left, having a central angle of 86 degrees, 30 minutes, 38 seconds, a radius of 20 00 feet, a chord bearing and distance of North 73 degrees, 28 minutes, 52 seconds West, 27 41 feet, an arc distance of 30 20 feet to a point at the end of said curve; North 26 degrees, 38 minutes, 22 seconds West, a distance of 68 00 feet to a point for corner; said point being the beginning of anon-tangent curve to the left; In a northerly direction, along said curve to the left, having a central angle of 88 degrees, 24 minutes, 25 seconds, a radius of 19 70 feet, a chord bearing and distance of North 19 degrees, 53 minutes, 21 seconds East, 27 47 feet, an arc distance of 30 40 feet to a point at the end of said curve; said point being the beginning of a rion-tangent curve to the left; THENCE, in a southerly direction, along the proposed west line of Mercantile Drive and along said curve to the left, having a central angle of 06 degrees, 20 minutes, 54 seconds, a radius of 954 00 feet, a chord bearing and distance of South 26 degrees, 40 minutes, 05 seconds East, 105 65 feet, an arc distance of 105 70 feet to the POINT OF BEGINNING; CONTAINING, 1,423 square feet or 0 033 acres of land, more or less {A survey plat of even date herewith accompanies this description ) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the tract described ~/ 7 Michael Larry L`e s, Jr (/ "Date Registered Prof sional Land Surv or No 5773 Pacheco Koch Consulting Engineers, Inc. 8350 N, Central Expwy , #1000, Dallas TX 75206 (972} 235-3031 ~~...°~..,r~c ~:~~- ~* JfICHAEI LARRY LEW1S, JF ~ f~,; ~~,p 5773 ~P a `~Q ;`,~s s,ti ~ ~-L ~ stir ftOW VACATION doc 2406-07 049 SHEET 1 OF 2 0 30 60 120 GRAPHIC SCALE IN FEET LEGEND ~ - - - PROPERTY LINE p PROPERTY CORNER d=88'24'25" R=19 70' L=30..40' T=19.16' CB=N 19'53'21" E CD=27.47' RIGHT-OF-WAY VACATION 0.0.33 ACRES (1,423 SF) C~~I~ 0 0~' ~~ LOT 3R, BLOCK 6 NORTHERN CROSSING PHASE I (CAB.. A, SL. 10852) ~ \ LEONCIO & SULEMA JIMENEZ (VOL 10885, PG 661) / /// 1 (DOC NO 020512852) \ ~ LOT 4, BLOCK 5 \ o~ ~ MERCANTILE CENTER ADDITION (CAB A, SL 10521) \ ea L4=06'20'54" \ R'=954,00' PART OF \ L=105.70' MERCANTILE PARTNERS, L P. ?, T-ti7 Q1' (VOL 11752 PG 207) N 26'38'22" W 68..00' PART OF lS=86'30'38" MERCANTILE PARTNERS, L P. (VOL. 11752, PG 190) R=20.00' (VOL 11752, PG. 207) L=30.20' T=18.82' CB=N 73'28'52" W CD=27.41' ~ The undersigned, Registered Professional Land o Surveyor, hereby certifies that this plat of 2 ,x; survey occurately sets out the metes and ,~~` OF .r~ o bounds of the tract described. ,~P,~~~s7~~;F;t,~ 0 MICHAEL LARRY LEWIS,~JR. o - Yso7 ........ ........... N _ 5773 ~~ i <~ :P P; ~ - - - Michael Larry L wis, J ate 9yo°.'~,es s ~ ° ~~o Registered Professional S U RN Land Surveyor No 577 ar~he~a +>~~ Consulting Engineers 8350 N CENTRAL EXPWY SUITE 1000 DALLAS, TX. 75206 9722353031 'YAWN BY GNEGKED BY SCALE DATE !OB NU~SfBER MLL 1"=60' APRIL 2007 2406-07 049 i~TES• 1 A legal description of even survey date herewith accompanies this plat of survey Bearing system for this survey is based on a bearing of South 00 degrees, 32 minutes, 46 seconds East, for the west line of Mercantile Drive, according to Lot 3R, Block 6, Northern Crossing Phase I, an addition to the City of Fort Worth, Torrant County, Texas, according to the plat recorded in Cabinet A, Slide 10852, of the Plat Records, Tarrant County, Texas. ~~~~~f~~ LOCATED IN THE CITY OF FORT WORTH, TEXAS AND BEING OUT OF THE DAVID ODUM SURVEY, AE;STRACT NO 1184 TARRANT COUNTY, TEXAS SHEEP 2 OF 2 DWG FILE: 2406-07-049EX.DW City of F®r~ ®rth, Texas IVlayor and Council Communication COUNCIL ACTION: Approved on 3/18/2008 -Ord. No. # 18012-03-2008 DATE: Tuesday, March 18, 2008 LOG NAME: 06VA-07-016 REFERENCE NO.: *~PZ-2777 SUBJECT: Adopt an Ordinance Vacating a Portion of Mercantile Drive Right of Way, Containing Approximately 1,423 Square Feet, Located in Lots 3 and 4, Block 3, Mercantile Center Addition, in the City of Fort Worth, Tarrant County, Texas, and Waive Purchase Fees RECOMMENDATION: It is recommended that the City Council: 1. Adopt an ordinance vacating a portion of Mercantile Drive right of way, containing approximately 1,423 square feet, located in Lots 3 and 4, Block 3, Mercantile Center Addition, as recorded in Volume 11752, Page 190 and Volume 11752, Page 207, Deed Records, Tarrant County, Texas; and 2. Waive any and all purchase fee value of the vacated land in accordance with City policy (M&C G-15624). DISCUSSION: Pacheco Koch Consulting Engineers, on behalf of Mercantile Partners, L.P., has requested to vacate the above referenced right-of-way and to replat and incorporate it within the adjoining property since the planned street is no longer required. This stubout of Mercantile Drive was originally planned to continue; however, it has been deemed unnecessary. The City Plan Commission recommended approval of this request at its meeting on October 24, 2007. An acceptable replat (FS-07-256) has been received. Any existing utilities will be relocated at the applicant's expense, or retained within a designated easement, along with an appropriate plat note that no permanent structures may be constructed or placed thereon. The City of Fort Worth originally obtained the above mentioned right-of-way through the platting process. The City does not own land under, or adjacent to, the above referenced right-of-way. Since no City funds have been expended to purchase property or easement rights, collection of the fee value or any portion thereof is recommended by staff to be waived. This request is located in COUNCIL DISTRICT 4 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for CitX Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (6140) Susan Alanis (8042) Alex Parks (2638) Logname: 06VA-07-016 Page 1 of 2 Logname: 06VA-07-016 Page 2 of 2