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.
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....................
MICHAEL B. MARX t
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I2700 Park Central Drive, Suicc I8M
Tel. No. (972) 770 -(3110
Dallas, Texas 75251
Fax No. (972) 239 -3631
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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
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Dallas, Texas 75251 Fax No. (972) 239 -3920
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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.
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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
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