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HomeMy WebLinkAboutOrdinance 2188 ORDINANCE NO. AN ORDINANCE ORDERING THE CLOSING, VACATING AND ABANDONING IN ACCORDANCE WITH LINES ES- TABLISHED BY THE COUNTY OF TARRANT AND CITY OF FORT WORTH OF A PART OF MADISON AVENUE IN THE CITY LIMITS OF FORT WORTH, TEXAS; DIRFAT- ING THE MAYOR OF THE CITY OF FORT WORTH TO EXECUTE A QUIT CLAIM DEED TO PORTION OF AREA FORMERLY EMBRACED IN STREET; AND PROVIDING AN EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION ONE: That on August 15, 1893, the Commissioners Court of Tarrant County, Texas, by an order appearing of record in Volume 7, page 603s Minutes of said court, ordered the closing and abandonment of a portion of Madison Avenue, a street located in the City limits of Fort Worth, Texas, shown on the recorded plat of Powell Subdivision of Bellevue Bill Addition to the City of Fort Worth, Tarrant County, Texas, Which plat is recorded in Volume 63, page 24, of the plat records of Tarrant County, Texas, said street being bounded on the north by Lilac Street, on the south by Jessamine Street, on the east by Blocks Bw2 and Al of said Powell Subdivision and on the west by Blocks 0-3 and Dr4 of said Powell Subdivision, and the part or portion ordered closed by said order of the Commissioners Court being the,East 54 feet of the entire street, leaving open the West 20 feet of such street. SECTION TWO: That the City of Fort Worth adopted and continuously recognized the changes made as aforesaid in the width of said avenue or street by the order of said Commissioners Court and adopted and recognized the change in the lines of said street or avenue; that prior to the order closing said street by the Commissioners Court, said Madison Avenue had never been open to or used, claimed or occupied by the public as a street; that since said order made by the said Commissioners Court, the East 54 feet of said area formerly embraced in Madison Avenue has never been used, claimed, occupied or used by the public as a street, but has been closed; and that all adjacent property owners whose property abutted on said Madison Avenue or who had and owned property in the particular platted area affected have at all times accepted and recognized the lines of said Madison Avenue fixed by the Commissioners Court by said order made of date of August 15, 1893, which lines have been recognized and adopted by the City of Fort Worth as shown on the maps and plats used by the City of Fort Worth. SECTION TEM: That Beth Bohning Newberry, wife of 0.. P. Newberry, is the owner in her own separate right and estate of a part of said area lying within the closed portion ofsaid Madison Avenue, the part or portion so owned by the said Beth Bohning Newberry being a plot 62 feet north and south by 54 feet east and west lying immediately west and adjacent to the South 62 feet of Block B-2, Powell Subdivision of Bellevue Hill Addition to the City of Fort Worth, Tarrant County, Texas, as shown on the plat thereof recorded in Volume 63, page 24, of said plat records of said county; that the said Beth Bohning Newberry and her predecessors in title have paid all taxes, being state, county and city taxes, for all years up to and ins eluding those for 1943 on the above mentioned 54 X 62 foot plat of ground; that a house was built on same more than 20 years ago and has been on said 54 1 62 foot plat of ground ever since then; that the said Beth Bohning Newberry and her predecessors in title have continuously been in open, peaceable and notorious possession of said 54 1 62 foot plot, of ground and the improvements thereof for a period continuously for over 20 years prior to the present time; and that no adverse claim has ever been asserted by any one adverse to the claim and ownership of the said Beth Bohning Newberry and her predecessors in title; SECTION YOUR: That the entire East 54 feet of Madlsori Avenue as shown on the plat- of said Powell Subdivision be and the same is hereby closed, vacated and abandoned, and that the Mayor of the City of Fort Worth be and he is hereby authorized to execute and deliver to the said Beth Bohning Newberry as her separate property and estate a quit claim deed for and on behalf of said City of Fort Worth to said 54 1 62 foot plot of ground, situated in the City of Fort Worth, Tarrant County, Texas, described as follows: BEGINNING at the southwest corner of Block B-2 as shown on the original plat of Powell Subdivision of Bellevue Hill Addition to the City of Fort north, Tarrant County, Texas, recorded in Volume 63,, page 24, Plat Records of Tarrant Gounty, Texas, in the north line of Maiden Lane; (continued) THENCE west along the north line of Maiden Lane a distance of 54 feet; THENCE north parallel with the west line of said Block B-2 (as shown on the original plat of Powell Subdivision of Bellevue gill Addition) a distance of 62 feet; THENCE east a distance of 54 feet to the west line of said Block B-?_ as shown on said original plat by said Powell Subdi- vision. THENCE south alone the west line of said Block B-2 as shown on said original plat of said Powell Subdivision a distance of 62 feet to the place of beginning. SECTION FIVE: That this ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained, DONE this the 19th day of January, A. D. 1944. APPROVED AS TO FORM: City Attorney STATE OF TEXAS COUNTY OF TARRANT Q I, E. S. Birdsong, Secretary of the City of Fort Worth, a municipal corporation, hereby certify that the foregoing ordinance was passed by the City Council of the City of Fort Worth on this the 19th day of January, A. D. 1944, at a regular Meeting of the City Council of the City of Fort Worth held at the City Hall in Fort Worth, Texas, and that said ordinance appears of record in Volume }:] , page _117 , Minutes of said Council, and in volume j , page is$ of the Ordinance Book of the City of Fort Worth, Texas. ' GIVEN UNDER MY HW AND SEAL OF OFFICE this the 19th day of January, A. n. 19" Secretary of the City of Fort orth STATE OF TFECAS COUNTY OF TARRANT BEFORE ME, the undersigned, on this day personally appeared E. S. Birdsong, Secretary of the City of Fort Worth, a municipal corporation, known to me to be the -person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and con- sideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 19th day of January, A. D. 19". Notary Public in and for Tarrant County, Texas.