HomeMy WebLinkAboutOrdinance 22192-05-2016 ORDINANCE NO. 22192-05-2016
AN ORDINANCE VACATING AND EXTINGUISHING A PORTION OF
LUBBOCK AVENUE, LOCATED IN BLOCKS 67 AND 67A, SOUTH
HILLS ADDITION, AN ADDITION TO THE CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS, AS SHOWN IN THE PLAT THEREOF
RECORDED IN VOLUME 388-9, PAGE 551 OF THE PLAT RECORDS OF
TARRANT COUNTY, TEXAS, CONTAINING APPROXIMATELY 13,185
SQUARE FEET OR 0.3027 ACRES OF LAND MORE OR LESS;
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 Lubbock Avenue (a fifty foot public right-of-way), located in Blocks 67
and 67A, South Hills Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as
shown in the plat thereof recorded in Volume 388-9, Page 551 of the Plat Records of Tarrant
County, and containing 13,185 square feet or 0.3027 acres of land more or less, and as more
specifically described in Exhibit "A" 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.
Lubbock Avenue ROW Vacation(VA-16-004) Ordinance No. 22192-05-2016
Page I of 2
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That all ordinances or parts of ordinances in conflict herewith are hereby repealed.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:
d� IL
Melinda Ramos, Sr. Assistant City Attorney MaryJ. K-atfdity 66etary
Adopted& Effective: May 3, 2016
Lubbock Avenue ROW Vacation(VA-16-004) Ordinance No. 22192-05-2016
Page 2 of 2
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9XHIBIT 4 11
RIGHT-OF-WAY ABANDONMENT
ILUBBOCK AVENUE)
BEING a tract of land located in the City of Fort Worth, Tarrant County, Texas, part of the
John Jennings Survey, Abstract No, 851, being all Lubbock Avenue (50' public right-of-way)
located in Blocks 67 & 67A, South Hills Addition, an addition to the City of Fort Worth,
Tarrant County, Texas according to the plat thereof recorded in Volume 388-9, Page 551,
Plat Records, Tarrant County, Texas, and being more particularly described as follows:
BEGINNING at a 518 inch iron rod found at the intersection of the northerly right-of-way
line of Southgate Drive (an 80' public right-ofi-way) ' and the west right-of-way line of
Lubbock Avenue (a 50' public right-of-way), same being the southeast corner of Lot 11,
Block 67 of said South Hills Addition;
THENCE, along said west right-of-way line and the east line of said Block 67 as follows:
North 28 degrees 36 minutes 48 seconds West, a distance of 136.80 feet to a point
for the beginning of a tangent curve to the right;
Through a central angle of 36 degrees 25 minutes 23 seconds, a radius of 224.60
feet, an are distance of 142.78 feet, with a chord bearing of North 10 degrees 24 minutes
106 seconds West and a chord. distance of 140.39 feet to a point in the south right-of-way
line of Interstate Highway No. 20 (a.k.a. South Loop 820, a variable width public
right-of-way);
THENCE, along the south right-of-way line of Interstate 20 and the north line of the herein
described tract, South 82 degrees 15 minutes 09 seoonds East, a distance of 50.00 feet to a
point for the northwest corner of that tract of land described in deed to the State of
Texas, as recorded in Volume 7706, Page 2061, Deed Records, Tarrant County, Texas, the
northeast corner of the herein described tract and the beginning of a non-tangent curve to
the left, from which a 518 inch iron rod with plastic cap stamped "SCI" set for an angle
break in the northerly line of said State of Texas tract bears South 82 degrees 16 minutes
09 seconds East, a distance of 57.36 feet;
THENCE along the west line of said State of Texas tract, the west line of the remainder of
Block 67-A of said South Hills Addition as follows:
Along said non-tangent curve to the left, through a central angle of 36 degrees 26
minutes 27 seconds, a radius of 174.60 feet, an arc distance of 111.05 feet, with a chord
bearing of South 10 degrees 23 minutes 35 seconds East and a chord distance of 109.19 feet;
South 28 degrees 36 minutes 48 seconds East, a distance of 136.78'feet to a point in
the northerly right-of-way line of said Southgate Drive, from which a 112 inch iron rod
found for the southeast corner of Lot 4, Block 67-A of said South Hills Addition bears
North 61 degrees 22 minutes 00 seconds East, a distance of 103.51 feet;
THENCE, along the northerly right-of-way line of Southgate Drive, South 61 degrees 22
minutes 00 seconds West, a distance of 50,00 feet to the POINT OF BEGINNING and containing
13,185 square feet or 0.3027 acres of land more or less.
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F*: l Johnso ,.WUJ }J'F,10�-INSC,t4 Pro ssi nal Land Surveyor No. 5426c 5426r
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RIGHT-OF-WAY ABANDONMENT 903 N.BoweaRoad
LUBBOCK AVENUE Suite247
OLUME iat-S,PAGE 651,P.R.T.C.T.) Richardson,Tcxse 75081
FORT WORTH,TARRANT COUNTY,TEXAS (972)633-1702 Voice
(972)G33-1702 Fax
415 pro u# No. 1554$; ° WWW.SarvcyConsultantslnc.Com
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0 40 so LEGEND
6/8' IRON ROD SET WITH PLASTIC
SCALE: 1'=40 CL CENTERLINE
BASIS OF BEARINGS (CM) CONTROLLING MONUMENT
NORTHERLY R.O.W. LINE OF D.R.D.C.T. DEED RECORDS, TARRANT COUNTY, TEXAS
SOUTHGATE DRIVE I.R.F. IRON ROD FOUND
(N 61022' E) P.R.T.C.T. PLAT RECORDS, TARRANT, COUNTY, TEXAS
VOL. 386-9, PG. 551, PG. PAGE
P.R.T.C.T. P.O.B. POINT OF BEGINNING
R.O.W. RIGHT-OF-WAY
VOL. VOLUME
(AKA SOU-FHVVEST HWAY 20
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"Z*'5,09- E x0.00' WA N)A8L8 wroTM p LOOP 820
uT1L+c+t,o.w.) j
STATIC OF TAG$ R.O,*.
VOLUME 7700. PAGE 16061 4'BA 6e.
D.R.T.C.T.
LOT 14 e{• s�.1R0
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LOT a
BLOCK 07-A
SOUTH mn-ZJ4 ADDITION Jl
(VOLUMM 560-6, PAGE 551, �q
P.R.T.C.T.)
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Delta=36126'27"
z5 Len Radiva=174.60'
Lenggth=1f1.06'
CB=S 10.23'35" E °a1
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LOT a
LOT la �
Delta=38.25'23" PORTION OR EXISTING
Radius=224.80' 50'PUBLIC R.O.W.
Len th=142.78'
CB=N 0.24'08" W VOLUME 388.9, PAGE S51, P.R.T.C.T o
CL=140.39' 13,185 SQUARE FEET �0e
(0.3027 ACRE) m
1p TO BE ABAND®f�ED
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STREET RIGHT-OF-WAY ABANDONMENT 903 N,Rdwfor Rold
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(VOLUMR'BS4,PAGE eat,P,R.T.9.T.) R1chardson,Texas 75091
(972)424.7002 Voice
CITY OF FORT WORTH,TARRANT COUNTY,TWM (972)633-1702 0M oi
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1 inch = 200 feet
Area to be platted with the
vacated right-of-way
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/312016 - Ordinance No. 22192-05-2016 & Resolution No.
4624-05-2016
DATE: Tuesday, May 03, 2016 REFERENCE NO.: PZ-3110
LOG NAME: 060065030 VA-16-003 SOUTHGATE DR AND VA-16-004 LUBBOCK AVE
SUBJECT:
Consider an Appeal of the Denial by the City Plan Commission Regarding the Proposed Closure of
Southgate Drive and the Proposed Vacation of Lubbock Avenue and, if the Denial is Reversed, Adopt an
Ordinance Vacating a Portion of Lubbock Avenue to be Replatted with the Adjoining Property for a New
Gas Station and Convenience Store and Adopt a Resolution Closing a Portion of Southgate Drive
(COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council:
1. Consider an appeal of the denial by the City Plan Commission regarding the proposed closure of
Southgate Drive and the proposed vacation of Lubbock Avenue and, if the denial by the City Plan
Commission is reversed, adopt the attached ordinance vacating a portion of Lubbock Avenue which is to
be replatted with the adjoining property for a new gas station and convenience store and adopt the
attached resolution closing a portion of Southgate Drive to prevent commercial traffic from driving through
the adjacent South Hills South residential neighborhood; and
2. Waive any and all purchase fee value of the vacated portion of Lubbock Avenue in accordance with
City policy.
DISCUSSION:
Survey Consultants Inc., on behalf of QuikTrip, has requested the vacation of a portion of Lubbock
Avenue, to be replatted with the adjoining property for a new gas station and convenience store and the
physical closure of a portion of Southgate Drive to prevent commercial traffic from driving through the
adjacent South Hills South residential neighborhood. The request by QuikTrip is in furtherance of a
zoning change (ZC-15-085, Ordinance No. 21947-10-2015) approved by the City Council on October 13,
2015. The zoning change allowed the development of a gas station and convenience store on property
adjacent to Lubbock Avenue and Southgate Drive. The site plan approved as part of the rezoning depicts
the vacation of Lubbock Avenue and incorporation of the right of way into the property to facilitate the
construction of the QuikTrip. Also discussed at the Council meeting was the closure of a portion of
Southgate Drive to alleviate traffic in the surrounding neighborhood.
The City Plan Commission recommended denial of these requests after a public hearing on March 23,
2016. QuikTrip timely filed an appeal of the decision of the City Plan Commission to the City Council in
accordance with Section 31-63(d) of the Subdivision Ordinance.
The City Council may affirm or reverse the decision of the City Plan Commission. If the decision of the
City Plan Commission is reversed, the attached ordinance will vacate and release the City's right-of-way
interest in the identified portion of Lubbock Avenue. The existing utility easement in the right-of-way will
Logname: 060065030 VA-16-003 SOUTHGATE DR AND VA-16-004 LUBBOCK AVE Page 1 of 2
be retained by the City until such time all utilities located in the easement are relocated at the property
owner's expense. An acceptable final plat (FS-15-263) has been received in accordance with the
Subdivision Ordinance.
The construction of barriers to physically close off the identified portion of Southgate Drive will be at
QuikTrip's expense and subject to the approval of the Transportation and Public Works Department. The
physical closure will not provide an impediment to pedestrian circulation along Southgate Drive. If the
decision of the City Plan Commission is reversed, the attached resolution will close that portion of
Southgate Drive. The resolution reserves the right, at the sole discretion of the City Council, to reopen by
resolution the aforesaid right-of-way to public travel at any time by directing the removal of any barricade
or other means of closure.
The City of Fort Worth originally obtained the Lubbock Avenue right-of-way through the platting
process. The City does not own any fee interest in the right-of-way or own any property adjacent to the
right-of-way and did not expend any City funds to purchase the right-of-way easements. In accordance
with the City's policy regarding street and alley vacation transactions approved by the City Council on
March 6, 2007 (M&C G-15624), Staff recommends waiving the fair market value or any portion thereof of
purchase price of the right-of-way easements for the affected portion of Lubbock Avenue.
This project is located in COUNCIL DISTRICT 6, Mapsco 90T.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that approval of these recommendations will have no material effect on
City funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project P Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # Amount
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Alexander Parks (2638)
Logname: 060065030 VA-16-003 SOUTHGATE DR AND VA-16-004 LUBBOCK AVE Page 2 of 2