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Home My WebLink AboutOrdinance 23481-12-2018Ordinance No. 23481-12-2018 AN ORDINANCE VACATING AND EXTINGUISHING A PORTION OF EAST PENNSYLVANIA AVENUE, SITUATED IN THE PETER T. WELCH SURVEY, ABSTRACT NO. 1643, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, SAME BEING A PORTION OF A TRACT OF LAND AS RECORDED IN VOLUME 63, PAGE 124 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, CONTAINING APPROXIMATELY 0.015 ACRES OR 677 SQUARE FEET 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 East Pennsylvania Avenue, situated in the Peter T. Welch Survey, Abstract No. 1643, City of Fort Worth, Tarrant County, Texas, as shown on the plat for Tucker's Addition, an addition to the City of Fort Worth, according to the plat recorded in Volume 63, Page 124, Plat Records of Tarrant County, Texas and containing 677 square feet or 0.015 acres of land more or less, and as more specifically described in Exhibits 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. 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 That all ordinances or parts of ordinances in conflict herewith are hereby repealed.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: 174J Melinda Ramos Senior Assistant City Attorney Adopted & Effective: December 4, 2018 East Pennsylvania Ave ROW Vacation (VA -18-020) City Secretary: _� Mary Kayser Page 1 of 2 onend RLGIM 3VVWA) INS 1332115 NIVA Hinos Lo og r d m _ _ ^ Z —' m O �B O Z L Z Z OILr �✓ ,.• . C5. LL cr W i e7 i LL, yQ dN131 > z � �z O nRa�Sg g pw d2, �zo > I , zh as qQ� ZV tU3 a mo zF p I W C O a $ 3: yyGo o� n 25 a �F Q) N c/) h Q _ Q ? = Z Q V 0 oa a W L) � � ._. v OS V) o 0 UYM-3o-1HJIa mend H10W4 ,os) 3f1N3At/ NO1S3A1tf9 LZO ZO91ZO 'ON VD -0a cn `133a1s NlY1V NO iNOd H91H O N ^H OL tL' Z O 1- v1 C h C p O W 7 N u o c° ad V U y O CV � Qr d J ci c a Q� o EXHIBI T "A " PUBLIC RIGHT—OF— WA Y VA CA TION PROPERTY DESCRIPTION BEING a tract of land situated In the Peter T. Welch Survey, Abstract No. 1643, City of Fort Worth, Tarrant County, Texas, being a portion of Pennsylvania Avenue (a 50' width public right—of--way), as shown on the plat for Tucker's Addition, an addition to the City of Fort Worth, according to the plat recorded in Volume 83, Page 124, Plat Records, Tarrant County, Texas, overall right—of—way width widen to 70' on the north side, as shown on re—plat for Tucker Addition, an addition to the City of Fort Worth, according to the plat recorded in Volume 388--83, Page 18, Plat Records, Tarrant County, Texas, additional 10' right—of—way dedicated by deed to the City of Fort Worth, recorded in Volume 5881, Page 833, Deed Records, Tarrant County, Texas, the remainder of Block 13, Tucker Addition, conveyed to the City of Fort Worth by deeds recorded in Volume 5769, Page 889, Volume 5808, Page 30 and Volume 5859, Page 617, Deed Records, Tarrant County, Texas, making the overall right—of—way width to be 80' for Pennsylvania Avenue, sold tract of land being more particularly described by metes and bounds as follows: BEGINNING at an X—cut in concrete found for the northeast corner of Lot 1—R-1, Block 19—R-1, Tucker Addition, an addition to the City of Fort Worth, according to the plat recorded in County Clerk's Document Number D215176041, Plat Records, Tarrant County, Texas, being in the south right—of—way line of said Pennsylvania Avenue and the west right—of—way line of South Main Street (a 70' width right—of—way); THENCE South 89'26'57" West, with the south right—of—way line of sold Pennsylvania Avenue and the north line of said Lot 1—R-1, Block 19—R-1, Tucker Addition, a distance of 451.98 feet to an X—cut in concrete found for the northwest corner of said Lot 1—R-1, Block 19—R-1, Tucker Addition; THENCE North 00'33'03" West, departing the south right—of—way line of said Pennsylvania Avenue and the north line of said Lot 1—R-1, Block 19—R-1, Tucker Addition, and crossing into said Pennsylvania Avenue, a distance of 1.50 feet to a point; THENCE North 89'26'57" East, a distance of 451.98 feet to a point; THENCE South 00'31'44" East, a distance of 1.50 feet to a the POINT OF BEGINNING and containing a calculated area of 677 square feet or 0.015 acre of land. NOTES: The basis of bearings for this Vacation is the Texas Coordinate System of 1983, North Central Zone, 4202, based upon GPS measurements, according to the GPS Reference Network. A drawing of even date accompanies this metes and bounds description. The metes and bounds description contained herein was compiled from information contolned in recorded documents and does not reflect the results of on on the ground survey. DUNAWAY JOB NO. B000553.006 PAGE 2 OF 2 EXHIBIT "A" ,;h 64. — /1---1 Steph . Glosu PUBLIC RIGHT-OF-WAY Registered Professional Land Sury or VACATION OF A PORTION Texas Registration No. 5570 F 1 . ' •• srg@dunaway-essoc.com Gtitire `y ca'��:' � • �. �• gid' OF May 30, 2017 ...:......:......:... A%# STEPHEN R.GLOSUP• - PENNSYLVANIA AVENUE .� D�� •.�s57o �; 4, �'�iji'•� CITY OF FORT WORTH, t�$"•°`'�'�Q TARRANT COUNTY, TEXAS An Addition to the Clty of Fort Worth, 550 Salley Avenue • Sults 400 • Fort Worth, texas 76107 Tol:617.335.1121 FIRM REGISTRATION 10098100 aocarding to the plat recorded In Valume 03, Pago 124, Plot Records, Tarrant County, Texas. FORT NORTH VA -18-020 Vicinity Map 12R 11R REET ANNIE STREET 1D 1E 1A 13 3A 3B 1c 13 14 32 7A 7B 8 UE 1 �llbJeCt 19R 19R1 2 1 1R, 3 4 C- A NNON STREET 2 , 1 19R 1A 3B 22 3A 11 12 8 3 3C 2 1 7C 7D 1 4A 46 1A 5B 8 2A 2B 2 DProperty to be platted with vacated right-of-way N 1 inch = 125 feet W E s 16 , DProperty to be platted with vacated right-of-way N 1 inch = 125 feet W E s EEEE •I @@ 845 4S a E ism 11KIF < � o z ` E r ply s �— i. a isms m au""os" z1 [p R —� — g 7 .aero-- L».----- .591 fill Y § j jJb Ip g e q ��r ;` ]J u I I I I ig y ° ee a �� 71A3AV fJO1S3AlV0 � nN3AV NO1S3Altl0 I It�umaiwn — — p A= Axox n+ eG zi z 21d ~ 3nN3nv sinoi 1Nros J st c� ,Oaf �C (• Ys �%.� ' ]2$ �d]� t 't t$ fill �i s 9F�' �F�� ➢ cd F€ S${^�] ]s� 3cE�}$6{ i2 c��,i�Ji c s J`�lat €� ��ii]ti�2]{i� Ftcc �� D i��Ss] jc�j.�i �E]]f'�`i ] }wE�f�• d�c E+l �tI2'Ej� x,. � 1�e !1aildf s7sV�idd{�7qid9s �� City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/4/2018 - Ordinance No. 23481-12-2018 DATE: Tuesday, December 4, 2018 LOG NAME: 06VA-18-020 REFERENCE NO.: **PZ -3177 SUBJECT: Adopt Ordinance Vacating a Portion of East Pennsylvania Avenue to be Replatted with the Adjoining Property for a Multifamily Development in the Near Southside to Remove Encroachment of Overhangs for an Existing Building (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance vacating a portion of East Pennsylvania Avenue to be replatted with the adjoining property for a multifamily development in the Near Southside to remove encroachment of overhangs for an existing building; and 2. Waive any and all purchase fee value of the vacated land in accordance with City policy. DISCUSSION: Dunaway Associates, on behalf of Warner Stone, has requested vacation of this portion of East Pennsylvania Avenue to be replatted with the adjoining property to remove encroachment of overhangs into the right-of-way by an existing building. The City Plan Commission recommended approval of this request at its meeting on June 27, 2018. An acceptable final plat (FS -18-095) has been received in accordance with the Subdivision Ordinance. The City of Fort Worth (City) originally obtained the above mentioned right-of-way through plat dedication. 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 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 any portion thereof of purchase price of this right-of-way easement for the street. This project is located in COUNCIL DISTRICT 9. 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. Any assets recorded on the City's financial statements associated with this land will be adjusted upon approval. FUND IDENTIFIERS (FIDS): Lognwne: 06VA-18-020 Page 1 of 2 TO Fund Department ccoun-j" Project Program ctivity Budget Reference # moun� ID ID ID Year (Chartfield 2) Year FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Jay Chapa (6122) Randle Harwood (6101) Alexander Parks (2638) Logname: 06VA-18-020 Page 2 of 2