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HomeMy WebLinkAboutOrdinance 22949-10-2017 Ordinance No. 22949-10-2017 AN ORDINANCE VACATING AND EXTINGUISHING A PORTION OF EAST DAGGETT STREET RIGHT OF WAY AND A PORTION OF SOUTH FREEWAY (FORMERLY MARYLAND AVENUE) RIGHT OF WAY, SITUATED IN THE JOHN CHILDRESS SURVEY,ABSTRACT NO. 250,CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND CONTAINING APPROXIMATELY 28,482 SQUARE FEET OR 0.654 ACRES OF LAND, AS PART OF UNRECORDED PLATS AS SHOWN ON PAGE 174 OF THE BROOKES BAKER MAP OF FORT WORTH, TEXAS, CENTENNIAL EDITION DATED 1949, PROVIDING FOR THE REVERSION OF FEE IN SAID LAND; THE RETAINMENT OF EXISTING UTILITY 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 East Daggett Street, a fifty-foot wide public right of way, and a portion of South Freeway(renamed by Ordinance No. 15926,formerly Maryland Avenue),a forty-foot wide public right of way, situated in the John Childress Survey, Abstract No. 250, and both dedicated by the plats of Morris and Bass Addition and Daggett Second Addition both being unrecorded plats in the City of Fort Worth, Texas, as shown on Page 174 of the Brooks Baker Map of Fort Worth, Texas, Centennial Edition and containing, 28,482 square feet or 0.654 acres 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 fee to the land in the above-described street right-of-way is released and shall revert to the adjacent owner as provided by law. SECTION 3. That all existing utility easements 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 That all ordinances or parts of ordinances in conflict herewith are hereby repealed.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: ATTEST: Melinda Ramos, Senior Assistant City Attorney Mary J. Ka r, C' y S retary Adopted and Effective: October 10, 2017 East Daggett Street&South Freeway Ordinance No.22949-10-2017 (VA-17-026) Page 2 of 2 EXHIBIT"A" RIGHT-OF-WAY VACATION Being a part of South Freeway(street renamed by Ordinance No. 15296, formerly Maryland Avenue) and part of E Daggett Avenue John Childress Survey,Abstract No. 250 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 28,482 square foot (0.654 acre) tract of land situated in the John Childress Survey, Abstract No. 250, Tarrant County, Texas; said tract being part of South Freeway, renamed by Ordinance No. 15296 and formerly known as Maryland Avenue (a 40-foot wide right- of-way) and also being part of E Daggett Avenue (a 50-foot wide right-of-way) both dedicated by the plats of Morris and Bass Addition and Daggett Second Addition both being unrecorded plats in the City of Fort Worth, Tarrant County, Texas as shown on Page 174 of the Brookes Baker Map of Fort Worth, Texas, Centennial Edition dated 1949; said 28,482 square foot (0.654 acre) tract being more particularly described as follows (bearing system for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on December 9, 2016 with a combined scale factor of 1.00012): BEGINNING, at a" +"cut in concrete set at the intersection of the west right-of-way line of South Freeway Frontage Road (a variable width right-of-way) and the north right-of-way line of E Broadway Avenue (a 50-foot wide right-of-way); THENCE, South 89 degrees, 19 minutes, 07 seconds West, departing the said west line of South Freeway Frontage Road and along the said north line of E Broadway Avenue, a distance of 40.00 feet to a point for comer at the intersection of the said north line of E Broadway Avenue and the west line of said South Freeway, renamed by Ordinance No. 15296 and formerly known as Maryland Avenue; said point being the southeast comer of Lot 1, Block 8-R, Daggett Addition 2nd Filing, an addition to the City of Fort Worth according to the plat recorded in Volume 388-114, Page 676 of the Plat Records of Tarrant County, Texas; THENCE, North 00 degrees, 40 minutes, 53 seconds West, departing the said north line of E Broadway Avenue and along the said west line of South Freeway renamed by Ordinance No. 15296 and formerly known as Maryland Avenue and the east line of said Lot 1, a distance of 200.00 feet to a point for comer at the intersection of the said west line of South Freeway renamed by Ordinance No. 15296 and formerly known as Maryland Avenue and the south line of said E Daggett Avenue; said point being the northeast corner of said Lot 1; THENCE, South 89 degrees, 19 minutes, 07 seconds West, departing the said west line of South Freeway renamed by Ordinance No. 15296 and formerly known as Maryland Avenue and along the said south line of E Daggett Avenue and the north line of said Lot 1, a distance of 164.00 feet to a point for comer; said point being the northwest corner of said Lot 1; THENCE, North 00 degrees, 40 minutes, 53 seconds West, departing the said south line of E Daggett Avenue, a distance of 50.00 feet to a point for comer in the north line of said E Daggett Avenue; said point being the southwest corner of Lot 1-R, Block 7, Daggett Addition, an addition to the City of Fort Worth according to the plat recorded in Volume 388-93, Page 863 of the said Plat Records; THENCE, North 89 degrees, 19 minutes, 07 seconds East, along the said north line of E Daggett Avenue and the south line of said Lot 1-R, a distance of 164.00 feet to a point for corner at the intersection of the said north line of E Daggett Avenue and the said west line of South Freeway renamed by Ordinance No. 15296 and formerly known as Maryland Avenue; said point being the southeast corner of said Lot 1-R; PAGE 1 OF 3 RIGHT-OF-WAY VACATION Being a part of South Freeway(street renamed by Ordinance No. 15296,formerly Maryland Avenue) and part of E Daggett Avenue John Childress Survey,Abstract No. 250 City of Fort Worth, Tarrant County, Texas THENCE, North 00 degrees, 40 minutes, 53 seconds West, along the said west line of South Freeway renamed by Ordinance No. 15296 and formerly known as Maryland Avenue and the east line of said Lot 1-R,a distance of 264.72 feet to a PK-Nail found for comer at the intersection of the said west line of Maryland Avenue and the South right-of-way line of Vickery Boulevard (a 70-foot wide right-of-way); said point being the northeast comer of said Lot 1-R;from said point a 1/2-inch iron rod with"GRANT'cap found for the northwest corner of said Lot 1-R bears North 86 degrees, 33 minutes, 04 seconds West, a distance of 164.42 feet; THENCE, South 86 degrees, 36 minutes, 02 seconds East, along the said south line of Vickery Boulevard, a distance of 20.10 feet to a"+' cut in concrete set; THENCE, South 37 degrees, 44 minutes, 02 seconds East, departing said south line of Vickery Boulevard, a distance of 33.11 feet to a " + " cut in concrete set in the said west line of South Freeway Frontage Road; THENCE, South 00 degrees, 40 minutes, 53 seconds East, along the said west line of South Freeway Frontage Road, a distance of 486.87 feet to the POINT OF BEGINNING; CONTAINING: 28,482 square feet or 0.654 acres of land, more or less. (A survey plat of even survey 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 vacation tract described. c�.O F. TF s7E9�;f r Michael Cleo Billingsley Date NCNAB. .. . .. .. .. .... • Registered Professional Land Surveyor No. 6558 r%,0 58• � 9'•��ESS��? Pacheco Koch Consulting Engineers, Inc. tio'••suav� Pacheco Koch, LLC 6100 Westem Place,#1001, Fort Worth TX 76107 (817)412-7155 TX Reg. Surveying Firm LS-10193824 3708-16.530EX1.doc 3708-16.530EX1.dwg DCP PAGE 2 OF 3 EXHIBIT"B" 1/2-INCH IRON VICKER Y B0MEVARD CAPD w/-GUND(Cu j (A 70—FOOT *IDE RICH T—Op_WAY) S 8636'02" E — N 86_33'04" W 164.42' _ FOUND (C.M.)20 .10' XS S� LOT 1—R, BLOCK 7 0 15 30 60DAGGETT ADDITION, 2ND FILING N xSF �— (VOL. 388-93, PG. 863) o GRAPHIC SCALE IN FEET FW 108 S FREEWAY INVESTORS LP co (INST. NO. D216267690) 0 N V z Q Q N 89'19'07" E 164.00' SO U Q 0D Q 3 a `F 6 o; �b b o p LID N 3 z g u e2 o S 89'19'07" W 164.00' b N > RIGHT—OF—WAY o LEGEND VACATION oo 28,482 SF cv X - - - - PROPERTY LINE (0.654 ACRES) ROW VACATION LINE - CENTER LINE LOT 1, BLOCK 8—R O POINT FOR CORNER DAGGETT ADDITION, 2ND FILING 3 O 01 (UNLESS OTHERWSE NOTED) In (C.M.) - CONTROLLING MONUMENT (VOL. 388-114, PG. 676) to r P.O.B. - POINT OF BEGINNING R&S MILLER FAMILY � �I LIMITED PARTNERSHIP XS CUT IN CONCRETE SET TRACT II O •O.B. (INST. NO. D216120510) z 20' 20' E BROAD WAY A VENUE S 840 0�" W XS (A 50—FOOT WIDE RIGHT—OF—WAY) NOTES: 1. A metes and bounds description of even The undersigned, Registered Professional Land survey date herewith accompanies this plat Surveyor, hereby certifies that this plat of OF of survey. survey accurately sets out the metes and t�,.•••..TF i bounds of the vacation tract descrbed. �� �Q�gTEAF+9� 2 Bearing system for this survey is based on _ the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based NCHAEL CLEO BILLINGSLEI( on observations made on December 9, 2016 <:°q 6558 'v;� with a combined scale factor of 1.00012. g .. / 9 F8 S tay'�lo o Michael Cleo Billingsley Dae ti0.•'""•'V� RIGHT-OF-WAY Registered Professional s U R s Land Surveyor No. 6558 VACATION CV 8100 WESTERN PLACE, SUITE 1001 � PART OF E DAGGETT AVENUE AND MARYLAND Pacheco Koch FORT WORTH, TX 78107 817.412.7155 AVENUE BOTH LOCATED IN THE CITY OF > TX REG. ENGINEERING FIRM F-14438 FORT WORTH AND BEING OUT OF THE TX REG SURVEYING FptM LS-1019M4JOHN CHILDRESS SURVEY, ABSTRACT NO. 250, 3 avA�er cMcrcm er =ALE DA re .roe MtA11G<FA CITY OF FORT WORTH, TARRANT COUNTY, TEXAS DCP MCB 1"=30' JAN. 2017 3708-16.530 PAGE 3 OF 3 FORT NORTH VA-17-026 Vicinity Map QaG`f`c Ra��c •or ----_ � Union acific Railroad 7 CO EP PF G 3 :Ca 1A z 12 1 12 12B 2 11 2 111 11B , e 6 7 3 10 3 10B I7 G e x ' Q ,G e . w BB 7 1 7 7 3 ° B N BB e 70 78 E.DAGGETTAVENUE U 7 1R 1 , ,. 2 1R1 9 A 8R Ops 10 13 2 7 13 3 E , 12 3 12 —s e Np BPS !!!yyy 7R .511, 1,A O 1R B 10 8 oeN�E1.s p� m s 9 ,OA 41 s ` ° e BA BRO 5 e 7 8A .0 U � � U (p , 12A „R G O L x 11A 3 LL 1 10 1 1 U 3R ,R 554 '� ° 3 ° 6 1+ e �rN ° 7 11 12 s 7 N 1 inch = 250 feet E Property to be replatted w E with vacated right-of-way s NOILOOVJ1300VOFA'O076 W JO]F J.V0016/N{J01-J111VMf l4 yyj yyyf az € e•• e I€1� SCO USpFF �wpu i9 L00 A �,r6 §F v'q s"x� %$d sa k� E 6 1� 4g4 a jm��3 � ° F idle 11C Z•i.3-1 $z m �'� ]i ��c ���� ��� E�' '�� .� � � �•� �� a ��- ��� e i a9 r W O J�t�ss°� 5 V �� ss c t = iW 1 d ']' � � ¢`-F •11: $"€: a a:a �Isa E, � � � "a �8a 3 - a$ se, ii�y]A �� .4 ggfq g; 6 ' ass P baa J W 3wRH ggs 99q ' .9 PIP W I� �� � � ¢ ���2 � �. d bA13,7N� I Minos � o �o w%4,.f E C tt.Lt EtZhY 3 AF.00 s poses 13RNJA7 ONt UHM A7�9WHOJ1 I(I A VM 338+3 H1 f70S s` 2' qg �c���ta \ ¢ p g F 4� • � 341 g��8 •ro .� Rl � n RSQ `ic�€ �8 ; C11 C4 hr kFgj -------------�-- W — d — Ef 6666 5 FYloc Al'SLt ---- ;S o Pc es (7VObl71Vbl $ db bINOZ/& I01-410M NO/Nn u . _ . W a w All .aa all E1 i;ll a l �g 1f � i f�• ]i]T3� i-� a 'p��f f j eBB �, �4s] ]9 i ai is ;lii a i��j aai ad� ifif 0 It � � a.a a a , ! i # i9a ! y ' 1. fajt fill Lill ;a a �- 1 1 4' 4 11 to; a 1 Pt^a ` ! 6 a a 6Eill'i ee� a; °d !]�11 ,!Pill dm�a 41!3 1 1 fill if...11i,I, 4 '1g. �;ea�`Tpa t � iia �i ]i S�j1 ]�� •a',�s��- �s �@�� = E a a ai�s y� � d # ��b y#�$ �e a�! �b yiia� � City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/10/2017 - Ordinance No. 22949-10-2017 DATE: Tuesday, October 10, 2017 REFERENCE NO.: **PZ-3147 LOG NAME: 0665030 VA-17-026 SUBJECT: Adopt Ordinance Vacating a Portion of East Daggett Avenue Between the Railroad and South Freeway and a Portion of South Freeway (Formerly Maryland Avenue) Between Vickery Boulevard and Broadway Avenue to be Replatted with the Adjoining Property for Future Parking for the Existing Industrial Development (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended by the City Plan Commission that the City Council: 1. Adopt the attached ordinance vacating a portion of East Daggett Avenue between the railroad and South Freeway and a portion of South Freeway (formerly Maryland Avenue) between Vickery Boulevard and Broadway Avenue to be replatted with the adjoining property for future parking for the existing industrial development; and 2. Waive any and all purchase fee value of the vacated land in accordance with City policy. DISCUSSION: Pacheco Koch, Inc., on behalf of Susan and Richard Miller, has requested the vacation of this portion of East Daggett Avenue and this portion of South Freeway (formerly Maryland Avenue) to provide additional parking for the existing industrial development. The City Plan Commission recommended approval of this request at its meeting on June 28, 2017. An acceptable final plat (FS-17-159) has been received in accordance with the Subdivision Ordinance. The portion of Maryland Avenue was renamed South Freeway per Ordinance number 15296 but is still City right-of-way. The City of Fort Worth (City) originally obtained the above mentioned rights-of-way through platting process. The City does not own any fee interest in the rights-of-way or own any property adjacent to the rights-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, Mayor and Council Communication (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 streets. This project is located in COUNCIL DISTRICT 8. 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 Logname: 0665030 VA-17-026 Page 1 of 2 City funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID YearChartfiield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun 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: 0665030 VA-17-026 Page 2 of 2