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HomeMy WebLinkAboutOrdinance 20108-03-2012ORDINANCE NO. 20108-03-2012 AN ORDINANCE VACATING AND EXTINGUISHING VARIOUS ALLEY RIGHTS -OF -WAY AND A PUBLIC OPEN SPACE EASEMENT SITUATED IN THE M. BAUGH SURVEY, ABSTRACT NUMBER 106; 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 streets described below: 1. A ten (10) foot wide alley right -of -way situated in the M. Baugh Survey, Abstract Number 106, City of Fort Worth, and located in Block 52, Original Town of Fort Worth, an addition to the City of Fort Worth, Tarrant County, Texas, containing 2,000 square feet or 0.0459 acres of land, more or less; 2. A ten (10) foot wide alley right -of -way situated in the M. Baugh Survey, and located in Block 50, Original Town of Fort Worth, an addition to the City of Fort Worth, Tarrant County, Texas, containing 2,000 square feet or 0.0459 acres of land, more or less; 3. A public open space easement located in the M. Baugh Survey, Abstract Number 106, City of Fort Worth, and located in Block 52 of Original Town of Fort Worth, an addition to the City of Fort Worth, Tarrant County, Texas, containing 200 square feet or 0.0046 acres 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 alleys and streets are hereby released and shall revert to the adjacent owner as provided by law. Ordinance No. 2(11(18 -03 -2U 12 Page 1 of 2 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 That all ordinances or parts of ordinances in conflict herewith are hereby repealed.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: A�L o Assistant City Attorney Adopted: March 20, 2012 Effective: March 20, 2012 )rdmanre No. _'0 I0- 03 -'UI' Page 2 of 2 EXHIBIT A W VA- i1 -01 FOUND N BRI Kx• CUT CJ ,� C34 GCS 40) �6 at Qo r SCALE : 1 "= 50' yy,6 16 tZ�t pt, ALLEY VACATION �g9 -'11 ��'�. ' 9 O 0.0459 ACRES 15 < FOUND TACK Z� SQUARE FEET �1+ n � IN LEAD 6o,00 -P, PLUG (C.M.) N30'26'44W /4 �yy p4� 6.02' ' 8 j\0 J f� 13 C,f: � tp S59.33'16'W 6.00' 2 c� ;ice o jr 0. 11 N59.33'16'E Cj yQ x5.40' gyp•- 10 �EtS•$1 I S30.26'44'E Pgt 1� 4.98' 4 �{ P m�'' o � `o Wes' � � .L►�3�0 •� � ;P 15" 9 at{ 9O�yt OUND TACK ZpP �� 9 POINT OF IN LEAD PLUG BEGINNING (C.M.) ot POINT OF NS° P�°Pa �J�g Pao COMMENCEMENT S30•26'44•E 4.98' FOUND TACK S59.33,16•W IN LEAD PLUG 600 (C.M.) NOTE: The bearings shown herein ore based upon the NAD8.7 Texas State Plane Coordinates. North Central Zone, 4202. Poge 1 of 2 SF Of iF '~DUNAWAY RIGHT —OF —WAY VACATION �ti�.•pt 6 T trq�: q�, fpsafiry Avenue .�, 4w-rai k�i ium OF 10 ALLEY BETWEEN f �' °•• »rta��itst • ra�nz�e�m THIRD STREET AND FOURTH A!.A_h N,.30 STREET Y.•••• A metes and bounds description ••• 9 553 of even date accompanies this CITY OF FORT WORTH •..••a ? drawing. TARRANT COUNTY, TEXAS pw ,Gr l�po Y 1 !� AT OCTOBER 20, 2011 JOB N0. B000188.001 EXHIBIT A RIGHT —OF —WAY VACATION Block 52 Original Town of Fort Worth V A- 011 -012 BEING a 0.0459 acre tract of /and situated in the M. Bough Survey, Abstract Number 106, City of Fort Worth, Tarrant County, Texas, being 0l1 of 10 foot alley, Block 52, Original Town of Fort Worth, an Addition to the City of Fort Worth (no record found), said a0459 acre tract being more particularly described as follows. COMMENCING at the southwesterly corner of Lot 1, for the intersection of the easterly right —of —way line of Main Street (80 feet wide) and the northerly right —of —way line of Fourth Street (60 feet wide) from which a found tack in lead plug bears South 30 degrees 26 minutes 44 seconds East, a distance of 4.98 feet and South 59 degrees 33 minutes 16 seconds West, a distance of 6.00 feet from said corner, THENCE North 59 degree 33 minutes 16 seconds East, along the northerly right —of —fine of said Fourth Street, a distance of 9500 feet to the westerly fine of said alley for the POINT OF BEGINNING, THENCE North 30 degrees 26 minutes 44 seconds West, departing said northerly right —of —way line and along the westerly line of said alley, a distance of 200.00 feet to the intersection of the westerly line of said alley and the southerly right —of —way line of Third Street (60 feet wide) to a point for corner - THENCE North 59 degrees 33 minutes 16 seconds East, departing the westerly fine of said alley and along the southerly right —of —way line of said Third Street, a distance of 10.00 feet to the easterly line of said alley for a point for comer,• THENCE South 30 degrees 26 minutes 44 seconds East, departing said southerly right —of —way line and along the easterly line of said alley, a distance of 200.00 feet to a point for corner on the northerly right —of —way line of said Fourth Street; THENCE South 59 degrees 33 minutes 16 seconds West, departing the easterly fine of said alley and along said northerly right —of —way line, a distance of 10.00 feet to the POINT OF BEGINNING; CONTAINING a computed area of 0.0459 acres (2,000 square feet) of fond, more or less. NOTE: The bearings shown herein are based upon the NAD83, Texas State Plane Coordinates, North Central Zone, 4202. X90 ; - W s � �'L;KM ar AWrr M N AWA v M 9019Y /MrnN • SLOO 4M • fad Wa N T� 76107 Ut SU M 1121 • F= 417MU437 A drawing of even dote accompanies this metes and bounds description. DATE: OCTOBER 20, 2011 Page 2 of 2 RIGHT —OF —WAY VACATION OF 10' ALLEY BETWEEN THIRD STREET AND FOURTH STREET CITY OF FORT WORTH TARRANT COUNTY, TEXAS JOB NO B000188.001 S58'24'58 "W 9.53' FOUND .X. CUT IN CONCRETE EXHIBIT $b N59'33'16 "E 5.00' 8' 08 CO Cf r P N59'33'16 "E - st e►��s�iA� 10.00' POINT OF v1�.5Ao�• BEGINNING '014 0!?-- �o!-. POINT OF COMMENCEMENT SUNDANCE WEST PARTNERS, L.P. VOLUME 10399. PAGE 1192 D.R.T.C.T. �y O 4 0 (p\ VA- 011 -01 FOUND 'X" CUT \ IN CONCRETE N30'26'44 "W 5.32' o M � o • ? PGA 10' ALLEY VACATED BY CITY ORDINANCE NUMBER ALLEY VACATION 0.0459 ACRES 2.000 SQUARE FEET NOrE. rho bearings shown herein on tared upon the NAM%rime Stole Plane Coordinotos, North Control Iona 4202. ALAh ...,..�f�.e X53 �`c s59 �o°o 0 GZ F k.'b ftv DUNAWA v de0 is w ^onar • aft 400 • PoA waft 1IicIs 74107 A metes and bounds description of even dote occomponies this duo win g. DATE: OCTOBER 21. 2011 SCALE : 1"= 50' $. NJ, 0 n`pm $02 �o ��� (p Page 1 of 2 RIGHT —OF —WAY VACATION OF 10' ALLEY BETWEEN THIRD STREET AND FOURTH STREET CITY OF FORT WORTH TARRANT COUNTY, TEXAS JOB NO. B000188.001 EXHIBIT /� RIGHT -OF -WAY VACATION Block 50 Original Town of Fort Worth V A- 011 -013 BEING a 0.0459 acre tract of land situated in the M. Baugh Survey, Abstract Number 106, City of Fort Worth, Tarrant County, Texas, being all of a 10 foot alley, Block 50, Original Town of Fort Worth, an Addition to the City of Fort Worth (no record found), said 0.0459 acre tract being more particularly described as follows. COMMENCING at the northwesterly corner of Lot 9, for the intersection of the easterly right -of -way line of Throckmorton Street (80 feet wide) and the southerly right -of -way line of Third Street (60 feet wide) from which a found "X" cut in concrete bears South 58 degrees 24 minutes 58 seconds West, a distance of 9.53 feet from said corner; THENCE North 59 degree 33 minutes 16 seconds East, along the southerly right -of -line of said Third Street, a distance of 95.00 feet to the westerly line of said alley for the POINT OF BEGINNING; THENCE North 59 degrees 33 minutes 16 seconds East, continuing along the southerly right -of -way line of said Third Street, a distance of 10.00 feet to the intersection of the easterly line of said alley and the southerly right -of -way line of said Third Street to a point for corner,• THENCE South 30 degrees 26 minutes 44 seconds East, departing the southerly right -of -way line of said Third Street and along the easterly line of said alley, a distance of 200.00 feet to the northerly right -of -way line of Fourth Street (60 feet wide) to a point for corner,• THENCE South 59 degrees 33 minutes 16 seconds West, departing the easterly line of said alley and along the northerly right -of -way line of said Fourth Street, a distance of 10.00 feet to a point for corner on the westerly line of said alley, THENCE North 30 degrees 26 minutes 44 seconds West, departing the southerly right -of -way line of said Fourth Street and along the westerly line of said alley, a distance of 200.00 feet to the POINT OF BEGINNING,• CONTAINING a computed area of 0.0459 acres (2,000 square feet) of land, more or less. NOTE' The bearings shorn herein are based upon the NAD83, Texas State Plane Coordinates, North Central Zone, 4202. ALAN M' ;;fir..... MW Aiw- D U P MWA y SOD kdoY AVWM • Sulte 400 • FW Worth, Tw= 76107 Tit 817.396.1141 • Fac 817.586,7437 A drawing of even date accompanies this metes and bounds description. DATE: OCTOBER 21, 2011 Page 2 of 2 RIGHT —OF —WAY VACATION OF 10' ALLEY BETWEEN THIRD STREET AND FOURTH STREET CITY OF FORT WORTH TARRANT COUNTY, TEXAS JOB NO. 6000188.001 FOUND 'x' CUT IN CONCRETE (CONTROLLING MONUMENT) LOT 1• BLOCK 51 ORIGINAL TOWN O OF FORT WORTH 00- NET � SLIDE 8458 l P.R.T.C.T, 'Pot' -02 O�� V A, EXHIBIT ,Kej POINT OF BEGINNING I' SUNDANCE SQUARE V A- 011 -015 SCALE : 1- 10' FOUND "x' CUT IN BRICK (CONTROLLING MONUMENT) N 33'05'42 "E 3.02' 0'r 61 gab T, >t �• �` ` N7,5-26, 44 "W �O PUBLIC OPEN SPACE EASEMENT 0.0046 ACRES 200 SOUARE FEET '} VOLUME 11630, ' PAGE 1579 �g`p8 D.R.T.C.T. S 0 LOT 16R, BLOCK 51 Gl ORIGINAL TOWN OF FORT WORTH CABINET A, SLIDE 591 P.R.T.C.T. LOT 1. BLOCK 51 ORIGINAL TOWN OF FORT WORTH CABINET A. SLIDE 8458 P.R.T.C.T. NOTF. IAo becr*1gs Viown hwvAn ore bomd upon the NAD83 rexor Stab PIMO Coordnotp. North Con" Iona. 420 2 . Page 1 of 2 aw Am Pic JF jF� w DUNAWA �1:.•� 'r,Y .;ls, y PUBLIC OPEN SPACE EASEMENT 50 Baby AMW • Uft400 • ratftrft1�7JtW VACATION %1:617.=11121 • Fa¢817JW4V ALAN ---ta• - w�7 ..... A metes and bounds descr,ptlon CITY OF FORT WORTH ,Y;' of even date accompanies this TARRANT COUNTY, TEXAS e drawing. II II DATE. NOVEMBER 11. 2011 JOB NO. 8000188.001 EXHIBIT A CI PUBLIC OPEN SPACE EASEMENT VACA A01V Block 51 Original Town of Fort Worth VA -011 -015 BEING a 0.0046 acre tract of land situated in the M. Baugh Survey, Abstract Number 106, City of Fort Worth, Torront County, Texas, being all of a public open space easement created Block 52, Original Town of Fort Worth, on addition to the City of Fort Worth (no record found), said 0.0045 acre tract being more particularly described as follows: BEGINNING at the intersection of the southerly right —of —way line of West Third Street (60 foot wide) and the westerly right -of -way line of Main Street (80 foot wide), from which on X' cut in brick bears North 33 degree 05 minutes 42 seconds fast, a distance of 3.02 feet, THENCE South 30 degrees 26 minutes 44 seconds fast, departing said southerly right -of -way line and along the westerly line of said Main Street. a distance of 20.00 feet to a point for comer, THENCE North 75 degrees 26 minutes 44 seconds West, departing the said westerly right -of -woy line, o distance of 28.28 feet to o point for comer of the southerly right -of -way line of said West Third Street., THENCE North 59 degrees 33 minutes 16 seconds East, along said southerly right-of-way line. o distance of 20.00 feet to the POINT OF BEGINNING• CONTAINING a computed area of 0.0046 acres (200 square feet) of land, more or less. N07E: The bearings shown herein am based Neon the NADd.7, Texas Stole Wane Coorvinates. North Central Zone. 4202. OF rr\c 4 E� ^ALAN aw AMW IMAMWAY %t817ms1121 • ft=81?.aW4V A drawing of even date accompanies this metes and bounds description. DATE: NOVEMBER 11, 2011 Page 2 of 2 PUBLIC OPEN SPACE EASEMENT VACATION CITY OF FORT WORTH TARRANT COUNTY, TEXAS JOB NO. B000188.001 IvNml id 185 4v on fifflij calla 91,111311 pill 'I-I;' IvNml id 185 4v on fifflij calla 91,111311 IvNml id 185 4v on FORTWORTH VA- 011 -0121 013 & 015 Vicinity Map i ILI I� 6R 8R \/ Y' 16B 17 8 16 15 6 7 4 6 9 5 6 4 76 VA- 011 -015 9 54 / (f 1 3 / 2 1R 25R (r� fiR j n '7 2 3 4 G� J 40R 2 S`S 2 4 3 VA- 011 -013 5 „ 10 1 4 J 8 2 2 4 Boundary of replat incorporating vacated right -of -way ©l \ 3 7 2 % 6 \ 5 / 16 4 15 J 14 2 /6 13 7 12 5 \ 10 8R 4 \ 3 y 7R 2 6R \ 1 [' / 6 �c 16 1R \ / i.,� 1514 6� 1 1 inch = 200 feet µ F s City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/20/2012 Ordinance No. 20108 -03 -2012 RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance vacating two alleys located between Third Street and Fourth Street and a public open space easement at the intersection of Third Street and Main Street; and 2. Waive any and all purchase fee value of the vacated land in accordance with City Policy (M &C G- 15624). DISCUSSION: Dunaway Associates, L.P., on behalf of Sundance Square Management, LLC, and Fine Line Diversified Development, has requested the vacation of these alleys and public open space easement to replat the rights -of -way and public open space easement with the adjoining property for a new commercial development. The City Plan Commission recommended approval of this request at its meetings on November 18, 2011 and December 16, 2011. An acceptable replat (FS- 011 -150) 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. The City does not own land under or adjacent to the above referenced alleys and public open space easement. 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 9. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund /Account/Centers FROM Fund /Account/Centers CERTIFICATIONS: Logname: 060065030 VA -01 1 -012, 013, 015 Page 1 of 2 Originating Department Head: Additional Information Contact: Fernando Costa (6122) Randle Harwood (6101) Alexander Parks (2638) Logname: 060065030 VA -01 1 -012, 013, 015 Page 2 of 2