HomeMy WebLinkAboutOrdinance 23434-10-2018 Ordinance No. 23434-10-2018
AN ORDINANCE AMENDING ORDINANCE NO. 23167-04-2018 TO ADD THE
ADDRESSES TO THE ASSOCIATED METES AND BOUNDS DESCRPTIONS FOR
ZONING CASE NO. ZC-18-041; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE AND NAMING AN EFFECTIVE DATE
WHEREAS, on April 3, 2018, the City Council approved Case No. ZC-18-041 to rezone properties
8608, 8620 and 8624 Bryson, and 8615 and 8625 Old Decatur Rd., from: "AG"Agricultural and"A-43"One-
Family to: "E" Neighborhood Commercial, and;
WHEREAS, on April 3, 2018, the City Council approved Case No. ZC-18-041 to rezone properties
8635 and 8659 Bryson, and 4605 W. Bailey Boswell Road from: "AG" Agricultural and "A-43" One-Family
to: "F" General Commercial; and
WHEREAS, Ordinance No. 23167-04-2018 incorporating the City Council's zoning hearing
decisions from the April 3, 2018 meeting for Case No. ZC-18-041 did not include the addresses associated
with the legal description of the tracts and the associated zoning change to "A-43" One-Family and "F"
General Commercial zoning districts; and
WHEREAS, it is advisable to amend Ordinance No. 23167-04-2017 with regard to Zoning Case
No. ZC-18-041 only, to include the addresses with the associated tract description, add the associated
zoning districts approved for the zoning case by the City Council on April 3, 2018 and add an exhibit
depicting the zoning of the tracts;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH:
SECTION 1.
Ordinance No. 23167-04-2018 an amendment to Ordinance 21653, is amended to include the addresses
with the associated tract description, add the associated zoning districts approved and add an exhibit
depicting the zoning of the tracts for Case No. ZC-18-041 by the City Council on April 3, 2018, as follows:
ZC-18-041 8608, 8620, 8624 Bryson, 8615 and 8625 Old Decatur Road 6.14 acres
Zoning Change:
From: "A-43"One-Family
To: "E"Neighborhood Commercial, as depicted in Exhibit F, attached
Description Tract 1 8608 Bryson Rd.
Being 2.250 acres of land located in the I. &G. N. R.R. CO. SURVEY, Abstract No, 834, Fort Worth, Tarrant
County, Texas, and being the same tract of land conveyed to James G. Knight and wife, Cindy B. Knight,
Correction Ordinance 23167
by the deed recorded in Volume 11805, Page 2370, of the Official Public Records of Tarrant County,Texas.
Said 2.250 acres of land being more particularly described by metes and bounds as follows:
Beginning at a '/2' iron rod found, at the Northwest corner of said Knight Tract, and said point lying at the
intersection of the East right-of-way line of Bryson Lane (a 60 foot wide public right-of-way)with the South
right-of-way line of West Bailey Boswell Road (a 120 foot wide public right-of-way);
Thence N 89° 53' 53"E 319.65 feet, along the North boundary line of said Knight Tract and the South right-
of-way of said Bailey Boswell Road, to a %" iron rod marked "Brittain & Crawford" set, at the
Northeast corner of said Knight Tract and the Northwest corner of a tract of land conveyed to Byron
Ross Baird, Jr., by the deed recorded in Volume 16638, Page 373, of the Official Public Records
of Tarrant County, Texas;
Thence S 000 25' 23"E 304.21 feet, along the East boundary line of said Knight Tract and the West
boundary line of said Baird Tract, to a fence post found, at the Southeast corner of said Knight
Tract and the Southwest corner of said Baird Tract, and said point lying in the North boundary line
of a tract of land conveyed to Joseph Edward Smith, by the deed recorded in Volume 7926, Page
1943, of the Official Public Records of Tarrant County, Texas;
Thence S 890 02' 06"W 319.66 feet, along the South boundary line of said Knight Tract and the North
boundary line of said Smith Tract, and the North boundary line of a tract of land conveyed to Jimmy
W. Lynam and wife, Janet S. Lynam, by the deed recorded in Volume 12161, Page 244, of the
Official Public Records of Tarrant County, Texas, to a%"iron rod marked"BEASLEY"found, at the
Southwest corner of said Knight Tract and the Northwest corner of said Lynam Tract, and said point
lying in the East right-of-way line of the aforesaid Bryson Lane;
Thence N 000 25'21"W 309.03 feet, along the West boundary line of said Knight Tract and the East right-
of-way line of said Bryson Lane, to the Point of Beginning containing 2.250 acres (98,010
SQUARE FEET) of land.
Description Tract 2 8620 Bryson Rd.
Being a tract of land out of the I. & G.N. Railroad Company Survey, Abstract No. 834, Tarrant County,
Texas, being the same tract of land conveyed to Jimmy Lynam and wife, Janet S. Lynam by deed recorded
in Volume 12161, Page 244, Deed Records, Tarrant County, Texas, and being more particularly described
by metes and bounds as follows:
Beginning at a '/2' iron rod found in the east right-of-way line of Bryson Lane for the northwest corner of
said Lynam tract and the southwest corner of a tract of land conveyed to James and Cindy Knight by deed
recorded in Volume 11805, Page 2370, DRTCT;
Thence N 890 50'51"E, with the north line of said Lynam tract and the south line of said Knight tract, 254.09
feet to a 3/8" iron rod found for the northeast corner of said Lynam tract and the northwest corner of a tract
of land conveyed to James H. Dean and wife, Edna Earle Dean by deed recorded in Volume 5370, Page
326, DRTCT;
Thence S 000 05' 16" E, with the east line of said Lynam tract and the west line of said Dean tract, 214.98
feet to a metal fence post for corner in the north line of a 30.00 foot ingress-egress easement described by
deed recorded in Volume 7926, Page 1943, DRTCT, for the southeast corner of said Lynam tract and the
southwest corner of said Dean tract;
Thence S 890 53'29"W, with the south line of said Lynam tract and the north line of said 30.00 foot ingress-
egress easement, 255.87 feet to a '/2' iron rod found in the east right-of-way line of said Bryson Lane for
the southwest corner of said Lynam tract and the northwest corner of said 30.00 foot ingress-egress tract;
Correction Ordinance 23167 Ordinance No. 23434-10-2018
Page 2 of 7
Thence N 00° 23' 18" E (record bearing), with the east right-of-way line of said Bryson Lane and the west
line of said Lynam tract, 214.79 feet to the Point of Beginning and containing 1.257 acres of land.
Zoning Change: Tract 3 8624 Bryson Rd., 8615,8625 Old Decatur Rd.
From: "AG"Agricultural and"A-43"One-Family
To: "E"Neighborhood Commercial and as depicted in Exhibit F, attached
Description
Being 2.634 acres of land situated in the I. & G. N. R.R. CO. SURVEY, Abstract No. 834, Fort Worth,
Tarrant County, Texas, and being comprised of the same tracts of land quitclaimed to Joseph E. Smith, by
the quitclaim deeds recorded in Volume 10722, Page 2302 and Volume 13296, Page 114, of the Official
Public Records of Tarrant County,Texas, and also including a 30 foot wide strip of land being the remainder
of a 99 acre tract of land conveyed to E. E. Bryson and wife Marie Bryson by the deed recorded in Volume
1352, Page 631, of the Official Public Records of Tarrant County, Texas. Said 2.634 acres of land being
more particularly described by metes and bounds as follows:
Beginning at a %" iron rod found, at the Northwest corner of Lot 1, Block 1, Miller-Nixon Addition, to the
City of Fort Worth, Tarrant County, Texas, according to the plat recorded in County Clerk's File number
D199258021, of the Official Public Records of Tarrant County, Texas, and said point lying in the East right-
of-way line of Bryson Lane (a 60'wide public right-of-way);
Thence N 000 24' 49"W 30.00 feet, along the East right-of-way line of said Bryson Lane, to a '/2' iron rod
found, at the Southwest corner of a tract of land conveyed to Jimmy W. Lynam and wife, Janet S.
Lynam, by the deed recorded in Volume 12161, Page 244, of the Official Public Records of Tarrant
County, Texas;
Thence N 89° 06' 45" E 255.95 feet, along the South boundary line of said Lynam Tract, to a '/2' iron rod
marked"Brittain&Crawford"set, at the Southeast corner of said Lynam Tract and the Southwest corner
of the aforesaid Smith Tract;
Thence N 00° 53' 56" W 214.94 feet, along the East boundary line of said Lynam Tract and the West
boundary line of said Smith Tract, to a %2' iron rod found, at the Northeast corner of said Lynam Tract
and the Northwest corner of said Smith Tract, and said point lying in the South boundary of a tract of
land conveyed to Equity Trust Company Custodian FBO, Account#083205, by the deed recorded in
County Clerk's file number D215159914, of the Official Public Records of Tarrant County, Texas;
Thence N 89° 02' 06" E 148.00 feet, along the North boundary line of said Smith Tract, and the South
boundary line of said Equity Trust Company Tract and the South boundary line of a tract of land
conveyed to Byron Ross Baird, Jr. by the deed recorded in Volume 16638, Page 373 of the Official
Public Records of Tarrant County, Texas, to a 5/8" iron rod found;
Thence along the South boundary line of said Bryon Ross Baird, Jr. Tract and the North boundary line of
said Smith Tract, as follows:
1. S 00" 15' 18"W 5.01 feet, to a point;
2. N 890 02' 06" E. 95.25 feet, to a %' iron rod found at the Southeast corner of said Byron Ross
Baird, Jr. Tract, and the Southwest corner of the aforesaid Joseph Smith Tract recorded in
Volume 13296, Page 114, of the Official Public Records of Tarrant County, Texas;
Thence N 000 39' 00" W 74.00 feet, along the East boundary line of said Byron Ross Baird, Jr. Tract, and
the West boundary line of said Smith Tract, to a %" iron rod found, at the Northwest corner of said
Smith Tract, and the Southwest corner of a tract of land conveyed to Cindy Ross Baird by the deed
Correction Ordinance 23167 Ordinance No. 23434-10-2018
Page 3 of 7
recorded in County Clerk's file number D213014806, of the Official Public Records of Tarrant County,
Texas;
Thence N 89° 02' 06" E 152.81 feet, along the South boundary line of said Cindy Ross Baird Tract, and the
North boundary line of said Smith Tract, to a '/2" iron rod marked "LBS 3946" found, at the Northwest
corner of a tract of land identified as Parcel No. 2, in the right-of-way Deed to the City of Fort Worth,
recorded in County Clerk's file number D211001416, of the Official Public Records of Tarrant County,
Texas, and said point lying in the new West right-of-way line of Old Decatur Road (a variable width
public right-of-way);
Thence S 00° 40' 10" E 314.48 feet, along the new West right-of-way line of said Old Decatur Road, to a
'/z' iron rod marked "Brittain & Crawford" set, at the Southwest corner of a tract of land identified as
Parcel No. 4 in the right-of-way Deed to the City of Fort Worth recorded in County Clerk's file number
D211001414, of the Official Public Records of Tarrant County, Texas, and said point lying in the North
boundary line a tract of land identified as Parcel No. 5 in the right-of-way Deed to the City of Fort Worth
recorded in County Clerk's file number D211043345, of the Official Public Records of Tarrant County,
Texas;
Thence S 89° 06' 45" W 651.22 feet, along the North boundary line of said Parcel No. 5, and the North
boundary line of the aforesaid Block 1, Miller-Nixon Addition to the Point of Beginning containing
2.634 acres(114,733 SQUARE FEET) of land.
SAVE AND EXCEPT 8635 Old Decatur Road, legally described as Tract#1,Abstract 834, I.G. &N. Railroad
Company Survey, Tarrant County, Texas being comprised of the same tract of land quitclaimed to Joseph
E. Smith, by the quitclaim deed recorded in Document No. D198146524, of the Official Public Records of
Tarrant County, Texas
Zoning Change:
From: "AG"Agricultural
To: "F"General Commercial and as depicted in Exhibit F, attached
Description Tract 4 8659 Old Decatur Rd.
0.727 acre of land situated in the I. & G.N. RAILROAD COMPANY SURVEY, ABSTRACT NO. 834, City of
Fort Worth, Tarrant County, Texas and being a portion of that certain tract of land conveyed to Billy Joe
Ferrell Jr. by deed recorded in Volume 12241, Page 918, Deed Records,Tarrant County,Texas, said 0.727
acre being particularly described by metes and bounds as follows:
Beginning at a '/z" iron found at the Southwest corner of said Ferrell tract in the East line of a tract of land
conveyed to Bryan Ross Baird Jr. by deed recorded in Volume 16638, Page 373, Deed Records, Tarrant
County,Texas, said iron being the Northwest corner of a tract of land conveyed to Joseph E. Smith by deed
recorded in Volume 13296, Page 114, Deed Records, Tarrant County, Texas;
Thence N 00° 08' 33" E, along the common line of said Ferrell and Baird tracts, 211.84 feet to a '/z" iron set
with Fulton Surveying cap in the South line of Bailey Boswell Road (R.O.W. varies);
Thence along the South line of said Bailey Boswell Road as follows:
S 890 28' 30" E, 128.77 feet to a %" iron set with Fulton Surveying cap;
S 480 17' 51" E, 21.89 feet to a '/" iron found at the intersection of the South line of said Bailey Boswell
Road and the West line of Old Decatur Road (R.O.W. varies), said iron being the beginning of a curve to
the right whose radius is 1148.00 feet and whose long chord bears S 03° 08' 28" E, 131.80 feet;
Correction Ordinance 23167 Ordinance No. 23434-10-2018
Page 4 of 7
Thence along the West line of said Old Decatur Road as follows:
Along said curve in a Southerly direction, thru a central angle of 06° 34' 54", a distance of 131.87 feet to a
%" iron found at the end of said curve;
S 000 08'59"W, 64.09 feet to a %"iron found at the Southeast corner of said Ferrell tract and the Northeast
corner of said Smith tract;
Thence S 890 50' 51"W, along the common line of said Ferrell and Smith tracts, 152.69 feet to the Point
of Beginning and containing 0.727 acre of land.
Description Tract 5 4605 W. Bailey Boswell Rd.
Being a tract of land out of the I. & G. N. Railroad Company Survey, Abstract No. 834, Tarrant County,
Texas, and being the same tract of land as described in deed recorded in Volume 12365, Page 457, Deed
Records, Tarrant County, Texas, and being described as follows:
Beginning at a capped iron pin set in the South line of W. Bailey Boswell Road for the Northwest corner
of tract being described, said point being the Northeast corner of a tract of land as described in deed
recorded in Volume 11805, Page 2370, Deed Records, Tarrant County, Texas;
Thence South 89 Degrees 17 Minutes 27 Seconds East 176.39 feet along the South line of said W.
Bailey Boswell Road to a capped iron pin set for the Northeast corner of tract being described, said point
being the Northwest corner of a tract of land as described in Deed Recorded In Volume 12241, Page
918, Deed Records, Tarrant County, Texas:
Thence South 00 Degrees 08 Minutes 31 Seconds West 306.55 feet along the West line of said tract of
land as described in deed recorded in Volume 12241, Page 918 and the West line of a tract of land as
described in Deed Recorded in Volume 13296, Page 114, Deed Records, Tarrant County, Texas, to a
capped iron pin set in the North line of a tract of land as described in deed recorded in Volume 3988,
Page 185, Deed Records, Tarrant County, Texas, for the Southwest corner of said tract of land as
described in deed recorded in Volume 13296, Page 114 and the Southeast corner of tract being
described;
Thence South 89 Degrees 50 Minutes 51 Seconds West 95.25 feet along the North line of said Tract of
land as described in Deed Recorded in Volume 3988, Page 185 to a 1/2" iron pin found in the East line of
a tract of land as described in Deed Recorded in Volume 5370, Page 326 Deed Records, Tarrant County.
Texas, for the Northwest Corner of said tract of land as described in Deed Recorded in Volume 3988, Page
185 and for corner of tract being described;
Thence North 00 Degrees 05 Minutes 16 Seconds West 5.00 feet along the East line of said tract of land
as described in Deed Recorded in Volume 5370, Page 326 to a capped iron pin set for the Northeast corner
of said tract of land as described in Deed Recorded in Volume 5370, Page 326 and for corner of tract being
described:
Thence South 89 Degrees 50 Minutes 51 Seconds West 82.42 feet along the North line of said tract of land
as described in Deed Recorded in Volume 5370, Page 326 to a fence post found for the Southwest corner
of tract being described, said point also being the Southeast corner of a tract of land as described in Deed
Recorded in Volume 11805, Page 2370, Deed Records, Tarrant County, Texas;
Thence North 00 Degrees 23 Minutes 18 Seconds East 304.22 feet along the East line of said tract of land
as described in Deed Recorded in Volume 11805, Page 2370 to the Point of Beginning and Containing
1.242 acres of land, more or less.
Correction Ordinance 23167 Ordinance No. 23434-10-2018
Page 5 of 7
Description Tract 6 8635 Old Decatur Rd.
Described as Tract #1, Abstract 834, I.G. & N. Railroad Company Survey, Tarrant County, Texas being
comprised of the same tract of land quitclaimed to Joseph E. Smith, by the quitclaim deed recorded in
Document No. D198146524, of the Official Public Records of Tarrant County, Texas. Located south of,
Tract 4, east of Tract 5 and north of Tract 3.
SECTION 2.
This ordinance corrects Ordinance No. 23167 with regard to Case No. ZC-18-041 only.
SECTION 3.
The zoning regulations and districts, as herein established, have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the
community. They have been designed to lessen congestion in the streets; to secure safety from fire, panic,
flood and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, parks
and other public requirements. They have been made after full and complete public hearing with
reasonable consideration, among other things, of the character of the district and its peculiar suitability for
the particular uses and with a view of conserving the value of a building and encouraging the most
appropriate use of land throughout the community.
SECTION 4.
This ordinance shall be cumulative of all other ordinances of the City of Fort Worth affecting zoning and
shall not repeal any of the provisions of such ordinances, except in those instances where provisions of
such ordinances are in direct conflict with the provisions of this ordinance.
SECTION 5.
All rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of
Ordinance Nos. 13896 and 21653 or of any amendments thereto that have accrued at the time of the
effective date of this ordinance; and as to such accrued violations, and all pending litigation, both civil or
criminal, same shall not be affected by this ordinance but may be prosecuted until final disposition by the
courts.
Correction Ordinance 23167 Ordinance No. 23434-10-2018
Page 6 of 7
SECTION 6.
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses
and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who
resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two
Thousand Dollars ($2000.00) for each offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 8.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS �O FORM AND LEGALITY: ATTEST:
r � t
Melinda Ramos M ry A. Kays
Senior Assistant City Attorney City Secreta
Adopted & Effective: October 16, 2018
Correction Ordinance 23167 Ordinance No. 23434-10-2018
Page 7 of 7
EX I BIT F
741
4600 4540 4524 4500
1
BAILEY BOSWELL --
.
■
8601 ■
8659
8608 4605 j
AG to
A-43 to F
E I Saginaw
8635
Fort- Worth
■
8613 ■
8620 8625 8615 ■
701
AG to
E
8624
8625
A
8640 8652
8641 N
dollm City Limit o eo so ti Feet
ZC-18-041 Proposed Zoning Districts FORTWORTH.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/16/2018 -Ordinance No. 23434-10-2018
DATE: Tuesday, October 16, 2018 REFERENCE NO.: **G-19390
LOG NAME: 06CORRECTION ORDINANCE 23167
SUBJECT:
Adopt Ordinance Correcting Ordinance No. 23167, to add the Addresses to the Metes and Bounds
Descriptions to Previously Approved Zoning Case ZC-18-041, 8608, 8620, and 8624 Bryson, 8600 Block
Old Decatur Road, 4605 W. Bailey Boswell Road (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance correcting Ordinance No. 23167 to
add the addresses to the metes and bounds descriptions to Previously Approved Zoning Case ZC-18-041
to clarify the zoning districts and addresses associated with the zoning change as approved by the City
Council.
DISCUSSION:
On April 3, 2018 City Council approved a request to rezone the area for properties located at 8608, 8620
and 8624 Bryson, 8600 block Old Decatur Road and 4605 W. Bailey Boswell Road from: "AG"Agricultural
and "A-43" One-Family to"E" Neighborhood Commercial and "F" General Commercial. The attached
ordinance is needed to correct Ordinance No. 23167-04-2018 to add the addresses to the metes and
bounds descriptions and an exhibit to depict the tracts being rezoned to Previously Approved Zoning Case
ZC-18-041 to clarify the zoning districts and addresses associated with the zoning change as approved by
the City Council.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that adoption of this ordinance will have no effect on City Funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Departmentccoun Project Program ctivity Budget Reference # �moul
ID 1A ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Lynn Jordan (2495)
Logname: 06CORRECTION ORDINANCE 23167 Page 1 of 1