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HomeMy WebLinkAboutOrdinance 20328-08-2012ORDINANCE NO. 20328-08-2012 AN ORDINANCE VACATING AND EXTINGUISHING A PORTION OF BOOKER WASHINGTON AVENUE AND A PORTION OF A 10 -FOOT WIDE ALLEY, SITUATED IN THE B.F. CROWLEY SURVEY, ABSTRACT NO. 307, BETWEEN EAST 1sT STREET AND STATE HIGHWAY NO. 121; AS SHOWN ON THE FINAL PLAT FOR STARVERS ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, AS RECORDED IN VOLUME 106, PAGE 136 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS; CONTAINING APPROXIMATELY 12,377 SQUARE FEET OR 0.284 ACRES OF LAND AND 1,594 SQUARE FEET OR 0.037 ACRES OF LAND RESPECTIVELY, 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 Booker Washington Avenue (a fifty (50) foot width right -of- way), situated in the B.F. Crowley Survey, Abstract Number 307, Tarrant County, Texas, between East 1St Street and State Highway No. 121 as shown on the final plat of Starvers Addition, an addition to the City of Fort Worth, as recorded in Volume 106, Page 136 of the Plat Records of Tarrant County, Texas, and containing approximately 12,377 square feet or 0.284 acres of land more or less, and as more specifically described in Exhibits "A" and "B" attached hereto and incorporated herein by reference be and the same is vacated and extinguished. 2. That a portion of a ten foot wide alley, situated in the B.F. Crowley Survey, Abstract Number 307, Tarrant County, Texas, between East I" Street and State Highway No. 121 as shown on the final plat of Starvers Addition, an addition to the Ordinance No. 20328 -08 -2012 Page 1 of 2 City of Fort Worth, as recorded in Volume 106, Page 136 of the Plat Records of Tarrant County, Texas, and containing approximately 1,594 square feet or 0.037 acres of land more or less, and as more specifically described in Exhibits "A" and "C" attached hereto and incorporated herein by reference be and the same is vacated and extinguished. SECTION 2. That the right of way 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 easements 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: 1�1 I � I JA 0- 1 IM 11Y Assistant City Attorney Adopted: August 14, 2012 Ordinance No. 20328 -08 -2012 Page 2 of 2 EXHIBIT At ABANDONMENT OF BOOKER WASHINGTON AVENUE 0.284 ACRE (12,377 SO. FT.) B. F. CROWLEY SURVEY, ABST. NO. 307 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a tract of land situated in the B.F_ Crowley Survey, Abstract Number 307, Tarrant County, Texas, in the City of Fort Worth, and being the remaining portion of Booker Washington Avenue, between East 1st Street and State Highway No. 121, as created in the Final Plat of Starvers Addition, an Addition to the City of Fort Worth, Texas, according to the Plat thereof recorded in Volume 106, Page 136, Plat Records of Tarrant County, Texas, same being situated between Lots 23, 24 and 25, Block 4 and Lots 3, 4, 5 and 6, Block 5 of said Starvers Addition, and situated between Lot D, Block 4 and Lot A, Block 5 of Dorsey Adams Subdivision, an Addition to the City of Fort Worth, Texas, according to the Plat thereof recorded in Volume 1648, Page 393, Plat Records of Tarrant County, Texas, same also being situated between a called Tract 7, as conveyed to Chesapeake Land Company, LLC, now known as Chesapeake Land Development Company, LLC and evidenced in a Special Warranty Deed, recorded in Instrument No. D207237217 and a called 2.610 acre tract, as conveyed to Apple Nine Ventures Ownership, Inc., and evidenced in a Special Warranty Deed recorded in Instrument No. D210025825, both of the Official Public Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 -inch iron rod found for the northwest corner of said 2.610 acre tract, same being on the westerly line of Lot 6, Block 5 of said Starvers Addition, said corner also being in the intersection of the southeasterly right of way line of State Highway No. 121 (a variable width right of way) with the easterly right of way line of said Booker Washington Avenue (a 50' wide right of way); THENCE South 30 °35'53" East, along the easterly right of way line of said Booker Washington Avenue, the westerly line of Lots 6, 5, 4, and 3, Block 5 of said Starvers Addition, the westerly line of Lot A, Block 5 of said Dorsey Adams Subdivision and the westerly line of said 2.610 acre tract, a distance of 270.08 feet to a 1/2 -inch iron rod found for the southwest corner of said Lot A, same being the intersection of the easterly line of said Booker Washington Avenue with the northerly right of way line of East 1st Street (a variable width right of way); THENCE South 64 °15'40" West, departing the southwest corner of said Lot A, the easterly right of way line of said Booker Washington Avenue and along the northerly right of way line of said East 1 st Street, a distance of 50.18 feet to a 1/4 -inch iron rod found for the southeast corner of Lot D, Block 4 of said Dorsey Adams Subdivision, same also being the intersection of the northerly right of way line of said East 1 st Street with the westerly right of way line of said Booker Washington Avenue; THENCE North 30 °35'53" West, along the westerly right of way line of said Booker Washington Avenue, the easterly line of said Lot D, the easterly line of Lots 25, 24 and 23, Block 4 of said Starvers Addition, and along the easterly line of aforesaid Tract 7, a distance of 225.00 feet to a 1/2 -inch iron rod found for the most easterly, northeast comer of said Tract 7; THENCE North 20 °09'54" East, departing the northerly line of said Tract 7 and crossing said Booker Washington Avenue, a distance of 64.56 feet to the POINT OF BEGINNING and containing 0.284 of an acre (12,377 square feet) of land, more or less. NOTE: 1. Chesapeake Land Company, LLC is now known as Chesapeake Land Development Company, LLC, per Affidavit Regarding Certificate of Merger and Amended Articles of Organization, recorded in Instrument No. D209046006, Deed Records, Tarrant County, Texas. 2. Bearing system of this drawing is based upon the east right of way line of Booker Washington Ave., as described in a deed recorded in Instrument No. D210025825, of the Official Public Records of Tarrant County, Texas, said bearing being North 30 °55'53" East. "CM" indicates controlling monument. �i; �EG�RFpyS .................... MICHAEL B. MARX t �•o •• 5181 •••„ R v � {9 f I2700 Park Central Drive, Suicc I8M Tel. No. (972) 770 -(3110 Dallas, Texas 75251 Fax No. (972) 239 -3631 Scale Drawn by Checked by Date Project No. Shcez No. AMF 1 UF2 NONE MBM 11 /16!7011 1 064411032 VW EXHIBIT A ABANDONMENT OF ALLEY 0.037 ACRE (1,594 SQ. FT.) B. F. CROWLEY SURVEY, ABST. NO. 307 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a tract of land situated in the B.F. Crowley Survey, Abstract Number 307, Tarrant County, Texas, in the City of Fort Worth, and being the remaining portion of a 10 -foot wide Alley between East 1st Street and State Highway No. 121, as created in the Final Plat of Starvers Addition, an Addition to the City of Fort Worth, Texas, according to the Plat thereof recorded in Volume 106, Page 136, Plat Records of Tarrant County, Texas, same being situated between Lot 3 and Lots 24 and 25, Block 4 of said Starvers Addition, and situated between Lots B and C, Block 4 of Dorsey Adams Subdivision, an Addition to the City of Fort Worth, Texas, according to the Plat thereof recorded in Volume 1648, Page 393, Plat Records of Tarrant County, Texas, same also being situated between a called Tract 6 and a called Tract 7, as conveyed to Chesapeake Land Company, LLC, now known as Chesapeake Land Development Company, LLC and evidenced in a Special Warranty Deed, recorded in Instrument No. D207237217 of the Official Public Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/4 -inch iron rod found for the southeast corner of said Lot B, same being the southeast corner of said Tract 6, same also being the intersection of the northerly right of way line of East 1st Street (a variable width right of way) with the west right of way line of said 10 -foot wide Alley; THENCE North 30 °35'53" West, along the easterly line of Lot B, Block 4 of said Dorsey Adams Subdivision, the easterly line of Lot 3, Block 4 of said Starvers Addition and the westerly line of said Alley, a distance of 150.00 feet to a 1/2 -inch iron rod found for the most easterly, northeast corner of said Tract 6; THENCE North 01 °22'19" West, departing the northerly line of said Tract 6 and crossing said Alley, a distance of 20.48 feet to a 1/2 -inch iron rod found for the northwest corner of aforesaid Tract 7, same being the intersection of the southeasterly right of way line of said State Highway No. 121 with the easterly right of way line of said Alley, same also being on the westerly line of Lot 24, Block 4 of aforesaid Starvers Addition; THENCE South 30 °35'53" East, along the easterly right of way line of said Alley, the westerly line of Lots 24 and 25, Block 4 of said Starvers Addition, the westerly line of Lot C, Block 4 of said Dorsey Adams Subdivision and the westerly line of said Tract 7, a distance of 168.72 feet to a 1/4 -inch iron rod found for the southwest corner of said Lot C, same being the intersection of the easterly right of way line of said Alley with the northerly right of way line of aforesaid East 1st Street; THENCE South 64 °15'40" West, departing the southwest corner of said Lot C, the easterly right of way line of said Alley and along the northerly right of way line of said East 1 st Street, a distance of 10.04 feet to the POINT OF BEGINNING and containing 0.037 of an acre (1,594 square feet) of land, more or less. NOTE: 1. Chesapeake Land Company, LLC is now known as Chesapeake Land Development Company, LLC, per Affidavit Regarding Certificate of Merger and Amended Articles of Organization, recorded in Instrument No. D209046006, Deed Records, Tarrant County, Texas. 2. Bearing system of this drawing is based upon the east right of way line of Booker Washington Ave., as described in a deed recorded in Instrument No. D210025825, of the Official Public Records of Tarrant County, Texas, said bearing being North 30 °55'53" East. "CM" indicates controlling monument. OF T ................... MICHAEL B. MARX 0 5181 < %orfS slat. O� 9��•�S U Rv P` tt COn =lnr. 12700 Park Central Drive, Suite 18110 Tel. No. (972) 7 70 -13110 Dallas, Texas 75251 Fax No. (972) 239 -3920 Seale Drawn by Checked hy, D� ale Protect No. I Sheet No NONE MBM AMF - 11116/2011 064411032 1OF2 I� i4 e� 4 EXHIBIT d u ®DEWAT6ttt OM OF W AYMMAMIOOMM N 20.0521' E 29.10• 160• M \ N 30'355 W N 22.1133' E 0 80• 76.49 7e.9s• �!t N 2 9.3r E GRAPHIC SCALE W N • E 46.17 f N 211'01'11* E wH,sArEAIM LMV &mp*j' r, uc +r �► 4011 46.W d, wuwo. EMPU t7 # ,4 DA MT. C T 0 N 30'3857' E /iq�rr2 K=4 ,¢ 61.19 '� 1 srAa Sc 4t 1.07 ACRES RA .QT. n N 34.12.46' E I"= 7 �a�t �7 Y. ..1r1P N 36ro7o5 E tt* . W Cos a b. rw � / / 54.93' LOT 1, OLD= t TRVM atao A0011 N V.MOLP.M PAT.0 T. sr rr V. ML P. 40 OATQT. \ it >r \ NOTE. Chesapeake Land Company, LLC is now known as Chesapeake Land Development Company. LLC, Per ARidavit Regan kV Certificate of Merger and Amended Articles of Orgaration, recorded in instrument No. 0209046005, Deed Records, Tarrant County. Texas. 7,�tl� `7r�-r� Q � L rurrmwa®rr �� . rnr.Gt. WMO01 ®N TMS MT) •rw��awrawre w�trr/111AYY1�.�t wrote att6T. bim s+.'SoO � TM No nr »k urua I— nal Fo No Wln Mahn stet: cane. i P'*WI.No. &%W N i' - W N18M AM llIWMt Oi""= 1 OF 1 City of Fort Worth, Texas /Mayor and Council Communication COUNCIL ACTION: Approved on 8/14/2012 - Ordinance No. 20328 -08 -2012 DATE: Tuesday, August 14, 2012 REFERENCE NO.: PZ -2984 LOG NAME: 060065030 VA- 012 -001 SUBJECT: _ Adopt Ordinance Vacating a Portion of Booker Washington Avenue and an Alley Near the Intersection of IH 35W and SH 121 (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance vacating a portion of Booker Washington Avenue and an alley near the intersection of IH 35W and SH 121; and 2. Waive any purchase -fee value of the vacated land in accordance with City Policy (M &C G- 15624). nigri i _qginN- Kimley -Horn and Associates, Inc., on behalf of Chesapeake Land Development, LLC, has requested the vacation of these rights -of -way to replat them with the adjoining property for an existing gas -well development. The City Plan Commission recommended approval of this request at its meeting on February 22, 2012. An acceptable replat (FS- 009 -173) has been received. The City originally obtained the rights -of -way through the platting process. The City does not own land under or adjacent to the portion of Booker Washington Avenue and the alley to be vacated. Because no City funds have been expended to purchase property or easement rights, Staff recommends that collection of the fair market value of the property to be vacated be waived. This project is located in COUNCIL DISTRICT 8. 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 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund /Account /Centers Fernando Costa (6122) Randle Harwood (6101) Alexander Parks (2638) Logname: 060065030 VA- 012 -001 Page 1 of 1 O OE no ' 3 f; LU w .6 ❑ f 0 o LL a I1 E s O m �I 3 N S r��41 - --- --------- - - - - -- F- _----- - - - - -- ---- - - - - -- \ - R a . ----------- -- - -- � i �eif lg g � tu fi. 11-1 A tg Off4y I � .\ e 4{ "'/ eel gg�s ■fit e8�88�8 `` +co fill 33 VV i e � - aaii. iaN AM 3 d4i6QN =_ _ -__- un�nu M 1LZL�QN t _ jj(J� _ ' ..Ova N aMA-6=N \ I e4bz 3.Lid0.4ZN ■■ r � \ i s ` sd° ....� _-- uwvro„an4L4awa4wwv MSE kVMHRJIH 31VISM31NI O �,A v.o off* �s uj 6 ➢ 6 � Nom Ny ❑ 3 e �y 1�� k it ills! 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