HomeMy WebLinkAboutOrdinance 19898-09-2011ORDINANCE NO. 19898 -09 -2011
AN ORDINANCE VACATING AND EXTINGUISHING PORTIONS OF A
15 FOOT WIDE ALLEY RIGHT- OF-WAY AND WEBER STREET
SITUATED IN THE J. SMITH SURVEY NO. 1382, TARRANT COUNTY,
TEXAS, ACCORDING TO THE PLAT OF MORGAN HEIGHTS
ADDITION, AN ADDITION TO THE CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS, AS RECORDED IN VOLUME 310, PAGE
44 OF PLAT RECORDS OF TARRANT COUNTY, TEXAS; AND ALL OF
A PUBLIC OPEN SPACE EASEMENT SITUATED IN LOT 1, BLOCK 1 -A
OF SHOE & LEATHER ADDITION, AN ADDITION TO THE CITY OF
FORT WORTH, TARRANT COUNTY, TEXAS, AS RECORDED IN
VOLUME 388 -121, PAGE 61 OF THE PLAT RECORDS OF TARRANT
COUNTY, TEXAS PROVIDING FOR 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 the following portions of the public open space easement, alley and street
described below:
1. A portion of a 15 foot wide alley right -of -way, situated within Block 2 of
Morgan Heights Addition, an addition to the City of Fort Worth, as recorded
in Volume 310, Page 44 of the Plat Records of Tarrant County, Texas,
containing 750 square feet or 0.017 acres of land more or less;
2. A portion of Weber Street, situated within the J. Smith Survey, Abstract No.
1382, as shown on the plat of Morgan Heights Addition, an addition to the
City of Fort Worth, as recorded in Volume 310, Page 44 of the Plat Records
of Tarrant County, Texas, containing 3,000 square feet or 0.069 acres of land
more or less;
3. All of a twenty foot by twenty foot public open space easement, situated in
Lot 1, Blockl -A of Shoe and Leather Company Addition , an addition to the
City of Fort Worth as recorded in Volume 388 -121, Page 61 of the Plat
Records of Tarrant County, Texas, and containing 200 square feet or of land
more or less
and as more specifically described in Exhibits "A ", `B" and "C" attached hereto and
incorporated herein, by reference be and the same are vacated and extinguished.
SECTION 2.
That the fee to the lands in the above - described vacated open space easement, alley and
street are hereby 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 the easements 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:
Assistant City Attorney
Adopted: September 13, 2011
Effective: September 13, 2011
ORDINANCE NO. 19898- 09 -2UI I
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EXHIBIT
CORNER SIGHT EASEMENT ABANDONMENT
200 SQUARE FEET
LOT 1, BLOCK 1 -A
SHOE & LEATHER COMPANY ADDITION
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
BEING a tract of land situated in the J. Smith Survey, Abstract No. 21, City of Fort Worth, Tarrant County,
Texas, and being situated in Lot 1, Bloc* 1 -A Of Shoe & Leather Company Addition, an Addition to the City of
same being all of a 2(Y x 20' Comer Sight Easement as created Records rran County, xas,
Fort Worth, Texas. as recorded in Volume 388-121, Page 61 of the Plat R Of Ta t un Te
led in said Shoe & Leather Company Addition,
and being more particularly described by metes and bounds as follows.*
BEGINNING at a 518-inch "KHA* capped iron rod found for the southeast comer Of said Lot 1, Block I-A and
the southeast cotter of said Comer Sight Easement, same being the intersection of the west line of Weber
Street with the north line of NE 32nd Street, both of which have been abandoned under City Ordinance no.
19266,
THENCE North 89-59104* West. along the South line of said Lot 1. Block I-A and the north line of said NE
32nd Street, a distance of 20.00 feet to the southwest comer of said Comer Sight Easement;
THENCE North 45*00,54- East, departing the South line of said Lot 1. Block 1 -A, the north line of said NE 32nd
Street and along the northwest line of said Comer Sight Easement a distance of 28.28 feet to the northeast
comer of said Comer Sight Easement, Same being on the east line of said Lot 1, Block 1 -A and the west ling
of aforesaid Weber Street,
THENCE South 00000'52 West, along the east line Of said Lot 1, Block 1 -A and the west line of said Weber
Street, a distance of 20.00 feet to the POINT OF BEGINNING and containing 20()square feet of land.
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EXHIBIT
CORNER SIGHT EASEMENT ABANDONMENT
200 SQUARE FEET
LOT 1, BLOCK 1 -A N
SHOE & LEATHER COMPANY ADDITION
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
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CALLED 1.413 ACRES
APPLE NINE VENTURES
OWNERSHIP
INST. NO. D210038165
D.R.T.C.T.
LOT 1, BLOCK 1 -A
SHOE 8 LEATHER COMPANY ADDITION
VOLUME 388 -121, PAGE 61
P.R.T.C.T.
CORNER SIGHT EASEMENT
VOL, 388-121, PG. 61
P.R.T.C.T.
N 45 °00'54" E
28.28' --
N 89'59'04" W
20.00'
LOT 12
BLOCK 2
MORGAN HEIGHTS ADDITION
VOLUME 310, PAGE 44
P.R.T.C.T.
Note.
Bearkgs based upon the east One of Lot. Block 1-A as described
in a Special Warranty Deed to Apple Nine VerMass Owns hip,
Inc -, as recorded in Instrument No. D21003M105. Deed Records,
Tanant County. Taxes, said bearing being South 00100'67 West
' CAA' indicates con"ming mamweelt.
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LOT 2
BLOCK 9
W. A. ARCHERS ADDITION
VOLUME 63, PAGE 72
' P.R.T.C.T.
LOT 3
S 00 °00'52" W
20.00'
NE 32ND STREET
(ABANDONED BY ORD. NO. 19266)
LOT 1
BLOCK 10
W. A. ARCHERS ADDITION
VOLUME 63, PAGE 72
P.R.T.C.T.
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MICHAEL B. MAR
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Fax No. (972)239.3020
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LEGAL DESCRIPTION
0.069 ACRE
BEING a tract of land situated in the J. Smith Survey, Abstract Number 1382, located in the City of Fort
Worth, Tarrant County, Texas, and being part of Weber Street as shown on the plat of Morgan Heights
Addition, recorded in Volume 310, Page 44, Plat Records of Tarrant County, Texas said tract being
more particularly described as follows:
BEGINNING at a 5/8 inch iron rod set with cap stamped "KHA" (hereinafter called 5/8 inch iron rod set)
for the intersection of the east right -of -way line of said Weber Street (60.' ROW) and the south
right -of -way line of Thirty Second Street (60' ROW);
THENCE with said east right -of -way line, South 00 "00'52" West, a distance of 50.00 feet to a 518 inch
iron rod set;
THENCE leaving said east right -of -way line, South 89 °59'41" West, a distance of 60.00 feet to a 518
inch iron rod found in the west right -of -way line of said Weber Street;
THENCE with said west right -of -way line, North 00 °00'52" West, a distance of 50.00 feet to a 518 inch
iron rod set in the south right -of -way line of said Thirty Second Street;
THENCE with said south right-of-way line, North 89 05941" East, passing a 518 inch iron rod found at
30.00 feet, in all a total distance of 60.00 feet to the POINT OF BEGINNING and containing 0.069
acres or 3,000 square feet of land.
Hearing system of this survey is based on the northerly line of a called 9.060 acre tract of land
described in deed to Chesapeake Exploration, LLC, whose bearing is recorded in County Clerk's No.
D209021528, of the Deed Records of Tarrant County, Texas, said bearing being North 69 "12'14" East.
Michael S. Marx
Registered Professional Land Surveyor No. 5181
Kimsey -Hom and Associates, Inc.
12700 Park Central Drive, Suite 1800
Dallas, Texas 75251
EXHIBIT DRAWING
RIGHT -OF -WAY ABANDONMENT
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
PLOTI F!; BY MARX. :101CHAEL 8 21 01: !2,31 PM DWG NAME &,DA1_ SURVEY G4W I
KI1A 118 DWG LAST SAY ED &23,-All 1 (2.311 PM
MICHAEL . MARX
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N EXHIBIT DRAWING
RIGHT -OF -WAY ABANDONMENT
�% Amn E CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
s- JZ�" Kimley -Horn
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GRAPHIC SCALE IN FEET F"
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LEGAL DESCRIPTION VA -010-022
0.017 ACRE
BEING a tract of land situated in the J. Smith Survey, Abstract Number 1382, located in the City of Fort
Worth, Tarrant County, Texas, and being part of a 15' wide alley in Block 2 as shown on the plat Of
Morgan Heights Addition, recorded in Volume 310, Page 44, Plat Records of Tarrant County, Texas
said tract being more particularly described as follows.
BEGINNING at a 518 inch iron rod set with Cap stamped OkK (hereinafter called 5/8 Inch Iron set)
for the Intersection of the east line of said alley and the south rod
(60' ROM; right-of-way line of Thirty second street
THENCE with said east line, South 00-00-52- West, a distance Of 50,00 feet to a 518 inch iron rod set;
THENCE leaving said east line, South 89,,59,41* West, a distance Of 15.00 feet to a 518 inch iron rod
set in the west line of said alley;
THENCE with said West line, North 00-00-52" West a distance of 50.00 feet to a 518 inch iron rod set in
the south right-of-way line of said Thirty Second Street
THENCE With said south right-of-way line, North 89 °59'41" East a distance of i 5.00 feet to the POINT
OF BEGINNING and containing 0.017 acres or 750 square feet of land.
Bearing system of this survey is based on the northerly line of a called 9-060 acre tract of land
described in deed to Chesapeake Exploration, LLC, whose bearing is recorded in County Clerk's No.
D209021528, of the Deed Records of Tarrant County, Texas, said bearing being North 69012'14" East.
Dana arown
Registered Professional Land Surveyor No. 5336
Klmley-HOM and Associates, Inc.
1137nn M-
in Central Drive, Suite 1800
Dallas, Texas 75251
EXHIBIT DRAWING
RIGHT-OF-WAY ABANDONMENT
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
3-KHA 118.DWG LAsTSAVED 11/17/20107.104 AM
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and Associates, Inc.
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CHESAPEAKE ADDITM
INST. NO,
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ABSTRACT M %M t3M CM (W WIDTH RIGHT-0F -WAY)
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N EXHIBIT DRAWING
RIGHT -OF -WAY ABANDONMENT
W C„p� E CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
s Kfmley Horn
0 100 2°° �M and
Lrl ?AIL ( mml D; 5� Imo„ Associates, Inc.
Tem 15251 'RAPHIC SCALE iN FEET ` IhnR M (hce J Chen RAS.D NA..31 PM DWG NAME KE DAL SU RV fly' 17111dWCHFSIY Y`UWtj•A� _16M IUIT.�DIO
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FORTWORTH VA- 010 -022 and VA- 011 -007
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/13/2011 - Ordinance No. 19898- 09 -2 011
:.; e�:�aa�a�\ca::�:.aa.�s\\�a\xc. -:: o\���\\�;�a.. < , _ .�.ca�\... �:•a \\�
DATE: Tuesday, September 13, 2011 REFERENCE NO.: PZ -2954
LOG NAME: 060065030 VA- 011 -007 AND VA- 010 -022
SUBJECT:
Adopt Ordinance Vacating a Portion of Weber Street, a Portion of an Alley and a Public Open Space
Easement in W. A. Archers Addition and Morgan Heights Near the Intersection of Schwartz Avenue and
32nd Street (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance vacating a portion of Weber Street, a portion of an alley and a public
open space easement in W. A. Archers Addition and Morgan Heights near the intersection of Schwartz
Avenue and 32nd Street; and
2. Waive any and all purchase fee value of the vacated land in accordance with City Policy (M &C G-
15624).
DISCUSSION:
Kimley Horn and Associates, Inc., on behalf of Chesapeake Exploration, LLC, has requested the vacation
of the above referenced rights -of -way and public open space easement to replat the right -of -way with the
adjoining property for the development of a new gas well site. The City Plan Commission recommended
approval of these requests at its meetings on December 17, 2010 and June 22, 2011. An acceptable
replat (FS- 010 -032) 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 (City) originally obtained the above mentioned rights -of -way and public open space
easement through the platting process. In accordance with City Policy (M &C G- 15624) and since no City
funds have been expended to purchase property or easement rights, collection of the fair market value or
any portion thereof is recommended by staff to be waived.
This land is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund /AccounVCenters FROM Fund /Account/Centers
Logname: 060065030 VA- 011 -007 AND VA- 010 -022 Page 1 of
CERTIFICATIONS:
Submitted for City Manager's Office by-
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Randle Harwood (6101)
Alex Parks (2638)
Logname: 060065030 VA- 011 -007 AND VA- 010 -022 Page 2 of 2