HomeMy WebLinkAboutOrdinance 23709-06-2019 ORDINANCE NO. 23709-06-2019
AN ORDINANCE VACATING AND EXTINGUISHING A PORTION OFS.
CALHOUN STREET AND E. PENNSYLVANIA AVENUE, SITUATED IN
PETER T. WELCH SURVEY, ABSTRACT NO. 1643 OF TUCKER'S
ADDITION, AN ADDITION TO THE CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS, AS SHOWN ON THE PLAT RECORED IN
VOUME 63, PAGE 124 AND VOLUME 5937, PAGE 102, DEED RECORDS,
TARRANT COUNTY, TEXAS, CONTAINING APPROXIMATELY 15,752
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 portions of S. Calhoun and E. Pennsylvania Avenue, situated in the Peter T. Welch
Survey, Abstract No. 1643 Tucker's Addition, an addition in the City of Fort Worth, Tarrant
County, Texas as recorded in Volume 63, Page 124, Deed Records, Tarrant County, Texas and
portions of right-of-way deed for S. Calhoun and E. Pennsylvania Avenue as recorded in Volume
5937, Page 102, Deed Records of Tarrant County, Texas, containing 15,752 square feet or 0.361
acre 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.
S Calhoun E Pennsylvania ROW Vacation(VA-17-030) Ordinance No.23709-06-2019
Pagel of 2
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That all ordinances or parts of ordinances in conflict herewith are hereby repealed.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:
Melinda Ramos, Sr. Assistant City Attorney Mary J. Ka , City ecretary
Adopted: June 25, 2019 ;�F F0/3T�
U
Effective: June 25, 2019 * ` `_
�XAS.
S Calhoun E Pennsylvania ROW Vacation(VA-17-030) Ordinance No.23709-06-2019
Page 2 of 2
EXHIBIT "A "
PUBLIC RIGHT-OF-WA Y VA CA TION
0 60,
�SS4v 1 SCALE FEET 60'
, E.ANNIE STREET
(50' WIDTH PUSUC RIGHT-OF-WAY
VOLUME 63, PAGE 124
P.R.T.C.T.
BLOCK 4$ it1CKER'S ADDITION I I
VOLUME 63, PAGE 124
JESSE [REREN
P.R.T.C.T. ( \
STAMPLER
C.C.D. NO. H HILLS SOUTHSIDE I BLOCK 45, TUCKER'S ADDITION
D214227361FW, LLC VOLUME 63. PAGE 124
D.R.T.C.T. D. NO. D214227370 w P.R.T.C.T.
D.R.T.C.T. w
H \ LARIMAR DEVELOPMENT, L.P.
VOLUME 13348. PAGE 263 ( QUEEN SHIVA, LLC
CE MILDRED V. LEITO Z D.R.T.C.T. C.C.D. NO. D215092137
_ OLUME 8088, PAGE I I D.R.T.C.T.
8 D.R.T.C.T. FOR
TION OF NORTH 20' _
FIREHOUSEY OF FORT WORTH IDEVELOPMENOLUME 5912. PAGELP41 D.R.T.C.T.VOLUME 1452 ViPAGE 638D.R.T.C.T.
0
N
CITY OF FORT WORTH
CITY OF FORT WORTH ,..VOLUME 5937. PAGE 102 0
VOLUME 5912, PAGE 941 D.R.T.C.T.
D.R.T.C.T.i
ORIGINAL SOUTH LINE OF ORIGINAL SOUTH LINE OF
CITY OF FORT WORTH BLOCK 42, TUCKER'S ADDITION BLOCK 45, TUCKER'S ADDITION
VOLUME 5947, PAGE 6380 0
D.R.T.C.T. o d
E. PENNSYLVANIA AVENUE L
— - — _
BLOCK 4i, TUCKER'S ADDITION BLOCK 46. TUCKER'S ADDITION
VOLUME 83, PAGE 124 VOLUME 83, PAGE 124
P.R.T.C.T. P.R.T.C.T.
40. OF00*0•.T
,lP••G S T f 0
•F-f9
I C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER STEPHEN R. GLOSUP
D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS �;°.p 5570 p;O
9iti•oeeSS��i°.�
P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS D S UR v
A metes and bounds description of DUNAWAYsf,2�/J p
even date accompanies this drawing, 550 Bailey Avenue•Suite 400•Fort Worth,Texas 76107
Tel:817.335.1121 PAGE 1 OF 3
DATE: MAY 29, 2019 FIRM REGISTRATION 10098100 DUNAWAY JOB NO. 8003583.001
EXHIBIT "A "
PUBLIC RIGH T-OF-WA Y VA CA TION
�40 0 60'
rOt1516�3 POINT OF
BEGINNING E.ANNIE STREET SCALE FEET
[lP� 5/8- IRON ROD FOUND (50' WIDTH PUBLIC RIGHT-OF-WAY 1'� 60,
Q N89'26'1 VIE VOLUME PAGE 124
P.R.T.C.T.
.C.T.
50.00'
— — 3.6r�
44,'U. S00'30'31'E
39.16' BLOCK 45, TUCKER'S ADDITION
VOLUME 63, PAGE 124
BLOCK 42, TUCKER'S ADDITION FOUND 1/2" P.R.T.C.T. C.C.D.
SHIVA, LTC
JESSE VOLUME 63. PAGE 124 IRON ROD C.C.D. N0.D.R.T.C.T.
2137
STAMPLER P.R.T.C.T. r S I D.R.T.C.T.
C.C.D. NO. p ., ; �y LARIMAR DEVELOPMENT, 63
D214227361 LARCH HILLS SOUTHSIDE O ..au 1 6`• VOLUME 13348. PAGE 283
I 1-a O D.R.T.C.T.
D.R.TC.T. FW, LLC O "� W O N J 19.
C.C.D. NO. D214227370
D.R.I.C.I.
Laa Q .• o FOUND 1/2'
3 ';:Z a IRON ROD
M) :•.O rCY m f''O C. Q S00'49'06'E
O Q Ln FOUND 1/2' IRON ROD WITH I
O (.J .6 p Ln YELLOW CAP STAMPED
FIREHOUSE Z �W 'BRITTAIN do CRAWFORD'
DEVELOPMENT, ) +fix BEARS N 59.51'18' E - 0.23VOLUME
L .
PAGE 638 9' so:D' e N89'26'19'E 100.30' I
D.R.LC.T' •,' •, E NSY VA IA E T
AV N U vnL S83�RPGi 2 O
N
CITY OF FORT WORTH S89'26'19'W 200.00'
VOLUME 5912, PAGE 941
I D.R.T,C.T.
CITY OF FORT WORTH
VOLUME 5947. PAGE 638
D.R.T,C.T.
= 5/8' CAPPED IRON ROD STAMPED 'DUNAWAY
= S. CALHOUN STREET 8,500 SQUARE FEET RIGHT-OF-WAY-VACATION ASSOC. LP' SET UNLESS OTHERWISE NOTED
7.876 SQUARE FEET TO LARCH HILLS SOUTHSIDE
624 SQUARE FEET TO LARIMAR DEVELOPMENT, L.P. C.C.D. NO. COUNTY CLERK'S DOCUMENT NUMBER
TOTAL OF 8,500 SQUARE FEET/ 0.195 ACRE
® =
= S. CALHOUN STREET 4,252 SQUARE FEET RIGHT-OF-WAY-VACATION D.R.TC.T. DEED RECORDS, TARRANT COUNTY. TEXAS
4,252 SQUARE FEET TO LARIMAR DEVELOPMENT, L.P. P.R.T.C.T. PLAT RECORDS. TARRANT COUNTY, TEXAS
TOTAL 4,252 SQUARE FEET /0.098 ACRE
® E. PENNSYLVANIA AVENUE 3.000 SQUARE FEET RIGHT-OF-WAY-VACATION OF
3.000 SQUARE FEET TO LARIMAR DEVELOPMENT, L.P. �•••••••• F
TOTAL 3,000 SQUARE FEET / 0.068 ACRE P•�G%��R�.o r
S
TOTAL RIGHT-OF-WAY VACATION OF E. • •
PENNSYLVANIA AVENUE AND S. CALHOUN STREET
COMBINED = 15.752 SQUARE FEET / 0.361 ACRE STEPHEN R. GLOSUP
�%N 5570 P;�
SUR`�
A metes and bounds description of DUNAWAY
even date accompanies this drawing. 550 Bailey Avenue•Suite 400•Fort Worth,Texas 76107
Tel:817.335.1121 PAGE 2 OF 3
DATE: MAY 29, 2019 FIRM REGISTRATION 10098100 DUNAWAY JOB NO. 8003583.001
EXHIBIT ""A ""
PUBLIC RIGHT—OF—WA Y VA CA TION
PROPERTY DESCRIPTION
BEING a tract of land situated in the Peter T. Welch Sur"N Abstract No. 1643. City of Fort Worth, Tarrant County, Texas,
being a portion of S. Calhoun Street (an 5W 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 63. Page 124, Plat Records, Tarrant County,
Texas, and a portion of that certain right—of—way deed for S. Calhoun Street and E. Pennsylvania Avenue to the City of
Fort Worth, recorded In Volume 5937. Page 102. Deed Records, Tarrant County, Texas, said tract of land being more
particularly described by metes and bounds as follows:
BEGINNING at a 5/8" iron rod found for the northwest comer of Block 45 of said Tucker's Addition, the southeast
intersection of said S. Calhoun Street and E. Annie Street (a 50' width public right—of—way) and the northwest comer of
that certain tract of land described by deed to Lorimar Development, L.P., recorded in Volume 13348, Page 263, Deed
Records, Tarrant County, Texas;
THENCE with the west line of said Lorimar Development, L.P tract and the easterly right—of—way line of said S. Calhoun
Street the following courses and distances;
South 00*30*31" East, a distance of 39.16 feet to a 1/2" iron rod found;
South 45'16'49" East, a distance of 70.10 feet to a 1/2" iron rod found;
South 00'49'06" East, a distance of 61.03 feet to the southwest comer of said Lorimar Development, L.P tract and in
the north right—of—way line of E. Pennsylvania Avenue (a variable width public right—of—way), from which a found 1/2"
iron with yellow cap stamped "BRITTAIN & CRAWFORD" bears North 5951'18" East, a distance of 0.23 feet;
THENCE North 8916'19" East, with the south line of said Lorimar Development, L.P tract and the north right—of—way line of
said E. Pennsylvania Avenue, a distance of 100.30 feet to a 5/8" iron rod with yellow cap stamped 'DUNAWAY ASSOC. LP"
set (hereinafter called a 5/8" YCIR);
THENCE South 00'30'31" East, departing the north right—of—way line of said E. Pennsylvania Avenue, crossing into said E.
Pennsylvania Avenue, a distance of 20.00 feet to a 5/8" YCIR set;
THENCE South 89'26'19" West, a distance of 200.00 feet to a 5/8" YCIR set in the west right—of—way line of said S.
Calhoun Street, the north right—of—way line of E. Hattie Street, in the east line of Block 42 of said Tucker's Addition, and
the southeast corner of that certain tract of land described by deed to Larch Hills Southside FW, L-C, recorded in County
Clerk's Document Number D214227370, Deed Records, Tarrant County, Texas;
THENCE North 00'30'31" West, with the west right—of—way line of said S. Calhoun Street, the east line of said Block 42,
Tucker's Addition, and the east line of said Larch Hills Southside FW, LLC tract, a distance of 170.00 feet to a 5/8" YCIR
set in the south right—of—way line of said E. Annie Street;
THENCE North 89'26'19" East, departing the west right—of--way line of said S. Calhoun Street, and with the south
right—of—way line of said E. Annie Street, a distance of 50.00 feet to the POINT OF BEGINNING and containing a calculated
area of 15.752 square feet or 0.361 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 contained
in recorded documents and does not reflect the results of an on the ground survey.
DUNAWAY JOB NO. 8003583.001 PAGE 3 OF 3
y� EXHIBIT"A"
��..�ls�ec PUBLIC RIGHT-OF-WAY
Step en R.Glosup OF TF VACATION OF A PORTION
Registered Professional Land Surveyor t ejeeee0
e0
Texas Registration No.5570 ,�;e.G\S T fReee9
srg@dunawayassociates.com y�Qr`' * �O 0 OF
May 29,2019 STEPHEN R. GLOSUP
S. CALHOUN STREET AND
�"'*e.� 5570 P;� E. PENNSYLVANIA AVENUE
D U N AWA
9,j,•.�4e���o;.•yo CITY OF FORT WORTH,
S 4 TARRANT COUNTY,TEXAS
550 Bailey Avenue •Suite 400•Fort Worth,Texas 76107 An Addition to the City of Fort Worth,
Tel:817.335.1121 according to the oat neordM In vblwne 83,.
FIRM REGISTRATION 10098100 Pogo 124. Plat Records, Tarrant County, Texas.
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FORTWORTH,
May 16,2019
Mr.Jesse Stamper
4220 Heartwood Drive
Fort Worth,TX 76109
RE: Purchase Price Letter for 7,252 Sq Ft of Vacated ROW
Dear Mr.Jesse Stamper:
Based on the appraisal conducted by Ben E. D.vess, A4,41, Ben Dyess & ,4ssociales submitted to the City of Fort
Worth for the purchase of approximately 7,252 sq. ft. determines the purchase price of the subject property is
$36,260.00. As required all real estate transactions are.subject to city council approval. Upon council approval,
please submit either by mail or hand deliver a cashier's check mode payable to the City of Fort Worth for the total
amount indicated in this letter Attn:Property Management Department, 900 Monroe Street,4th floor of the Gordon
Swift Building,Fort Worth,Texas.
City originated liens such as weed, demolition, board-up and paving will be released. The City is unable to release
IRS liens,vendor liens or any other liens not generated by the City of Foil Worth.
Please be advised that if you wish to obtain a title policy on the property, please contact a Title company to.
determine if one can be issued before you submit payment to the City.
If you should you have any questions or need further clarification,please contact me at(817)392-2311. Thank you
for contacting the Property Management Department.
Sincerely,
Laura B Morales,Sr.Land Agent
Properly Management Department
Fort Worth
AD-AmedGaCity PROPERTY MANAGEMENT DEPARTMENT
1 I I I REAL PROPERTY DIVISION
THE CITY OF FORT WORTH*900 MONROE STREET,SUITE 404*FORT WORTH,TExAs 76102
»�a•���•xoa (811)392-7590-FAX(817)392-7591
FORT WORTH VA-17-030
Vicinity Map
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1 6 5 6 7 07
PENNSYLAANIA AVENUE
1 to A 5B
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2 1B 2 5A
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4 6B 3B 4B 4 6A 6B 3B
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1-9-1110 A-STREET
1 7A 1A 1B 12
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B 4 B
Property to be platted 1 inch = 200 feet N
with vacated right-of-way W E
❑ Right-of-Way Owned by 0 Right-of-Way Dedicated S
City of Fort Worth by Plat
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on WM2019 - Ordinance No. 23709-06-2019
DATE: Tuesday, June 25, 2019 REFERENCE NO.: ""PZ-3192
LOG NAME: 06VA-17-030 SOUTH CALHOUN AND PENNSYLVANIA
SUBJECT:
Adopt Ordinance Vacating a Portion of South Calhoun Street and East Pennsylvania Avenue in the Near
Southside to be Replatted with the Adjoining Property for a Future Commercial Development, and
Authorize the Execution of Conveyance Instruments (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that:
1. The City Council adopt the attached ordinance vacating a portion of South Calhoun Street and a
portion of East Pennsylvania Avenue in the Near Southside to be replatted with the adjoining property for
a future commercial development;
2. Waive any and all purchase fee value of the vacated land in accordance with City policy for the portions
of the right-of-way dedicated by plat; and
3. Authorize the execution and recording of the appropriate instruments conveying the property to
complete the vacation of the streets.
4. Accept payment in the amount of$36,260 for the portion of right-of-way being vacated that was
acquired by the City in fee.
DISCUSSION:
Dunaway Associates, Inc., on behalf of Larch Hills Southside FW, LLC, has requested the vacation of
these portions of right-of-way to be replatted with the adjoining property for a future commercial
development in the Near Southside. The City Plan Commission recommended approval of this request at
its meeting on September 27, 2017. An acceptable replat (FS-17-199) has been received.
The City of Fort Worth (City) originally obtained a portion of the mentioned right-of-way through plat
dedication (see attached vicinity map). The City does not own any fee interest in the rights-of-way or own
any property adjacent to the right-of-way and did not expend any City funds to purchase this portion of 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 the portion of right-of-way where no purchase
price was paid by the City. A portion of this requested vacation was acquired by the City in fee and will
require purchase at fair market value.
Upon approval of the vacation of the public right-of-way, a deed without warranty will be executed to
release all rights and interests, with the exception of the utility easements, in the public right-of-way (see
attached vicinity map). No structures shall be allowed to be built in the retained easements. The
Logname: 06VA-17-030 SOUTH CALHOUN AND PENNSYLVANIA Page 1 of 2
applicant will pay $36,260.00 in fair market value for the vacated public right-of-way that was acquired by
the City in fee.
This project is located in COUNCIL DISTRICT 9.
A Form 1295 is not required for this contract because: This M&C does not request approval of a contract
with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that the Property Management Department will be responsible for the
collection and deposit of funds due to the City.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project JProgram ctivity Budget Reference # �moul
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Alexander Parks (2638)
Logname: 06VA-17-030 SOUTH CALHOUN AND PENNSYLVANIA Page 2 of 2