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HomeMy WebLinkAboutOrdinance 20550-12-2012ORDINANCE NO. 20550 -12 -2012 AN ORDINANCE VACATING AND EXTINGUISHING PORTIONS OF THREE ALLEYS LOCATED IN BLOCKS 11 AND 12, EVANS - PEARSON WESTWOOD ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AS RECORDED IN VOLUME 310, PAGE 18 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS; 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 alleys described below: 1. Being that portion of an 10 -foot wide alley located between Lots 1 through 20 of Block 11, Evans - Pearson Westwood Addition, an addition to the City of Fort Worth, Tarrant County Texas as recorded in Volume 310, page 18 of the Plat Records of Tarrant County, Texas, containing 4,750 square feet (0.109 acre) of land more or less; 2. Being that portion of an 10 -foot wide alley located between Lots 6 and Lot 17 of Block 11, Evans - Pearson Westwood Addition, an addition to the City of Fort Worth, Tarrant County Texas as recorded in Volume 310, page 18 of the Plat Records of Tarrant County, Texas, containing 250 square feet (0.006 acre) of land more or less; 3. Being that portion of an 10 -foot wide alley situated between Lots 3 through 18 of Block 12, Evans - Pearson Westwood Addition, an addition to the City of Fort Worth, Tarrant County Texas as recorded in Volume 310, page 18 of the Plat Records of Tarrant County, Texas, containing 4,000 square feet (0.092 acre) of land more or less; and as more specifically described in Exhibits "A" and "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. 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 That all ordinances or parts of ordinances in conflict herewith are hereby repealed.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: Assistant City Attorney Adopted: December 18, 2012 Effective: December 18, 2012 IN 4 4 i� 35� EXHIBIT A ABANDONMENT OF ALLEY 0.109 ACRE (4,750 SQ. FT.) BLOCK 11 EVANS- PEARSON WESTWOOD ADDITION CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a tract of land situated in the William Russell Survey, Abstract No. 151. City of Fort Worth, Tarrant County, Texas, and being a portion of a 10 -feet wide alley situated between Lots 1 through 20, Block 11 as created in the Final Plat of Evans - Pearson Westwood Addition, an Addition to the City of Fort Worth, Texas, according to the Plat thereof recorded in Volume 310, Page 18 of the Map Records of Tarrant County, Texas, and being that portion of said alley situated between Tracts 7, 9 and 17, conveyed to Tarrant FW Properties, L.L.C., now know as Chesapeake Land Development. Company, L.L.C., as evidenced in a Special Warranty Deed recorded in Instrument No. D207295105 of the Official Public Records of Tarrant County, Texas, between Tracts I and II, conveyed to Chesapeake Land Development Company, LLC., as evidenced in a General Warranty Deed, recorded in Instrument No. 209053921,of the Official Public Records of Tarrant County, Texas, and a tract of land, conveyed to Ricky D. Phemister, as evidenced in a Warranty Deed with Vendors Lien, recorded in Instrument No. D204091954, with 1/2 interest conveyed to Caroline L. Phemister, as evidenced in a General Warranty Gift Deed, recorded in Instrument No. D206215901, both of the Official Public Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the northeast comer of said Lot 20, Block 11, same being the intersection of the west right of way line of said 10' wide alley with the south right of way line of Dakota Street (a 50' wide right of way), from said comer, a found 112 -inch 'BRITTAIN CRAWFORD* capped Iron rod bears North 19 °39' West, 0.24 feet; THENCE South 89'49'54' East, departing the northeast comer of said Lot 20, Block 11 and along the south right of way line of said Dakota Street, a dlstanoe of 10.00 feet to the intersection of the south right of way line of said Dakota Street with the east right of way line of said 10' wide alley, same being the northwest corner of aforesaid Lot 1, Block 11, from said comer, a found 1/24nch "BRITTAIN CRAWFORD' capped iron rod bears South 68'ST West, 0.24 feet: THENCE South 00'03'08' West, along the east right of way line of said 10' wide alley and the west tine of Lots 1 through 3 of said Block 11, a distance of 150.00 feet to the southwest comer of said Lot 3, same being the northwest corner of Lot 4 in said Block 11, from said comer, a found 1/2 -inch iron rod bears South 38'08' West, 0,56 feet; THENCE North 89'49'54' West, departing the west common comer of said Lots 3 and 4, the east right of way line of said 10' wide alley and along the extension of the common line of said Lots 3 and 4, a distance of 5.00 (eel to a caner at the centerline of said alley; THENCE South 00'03'08' West, along the centerline of said 10' wide alley, a distance of 50.00 feet to a corner at the intersection of said centerline with the common line of Lots 4 and 5 in said Block 11; THENCE South 89 °49'54' East, departing the canteriine of said 10' wide alley and along the extension of the common line of said Lots 4 and 5, a distance of 5.00 feet to the west common comer of said Lots 4 and 5, same being on the east line of said t0' wide alley, THENCE South 00'03'08' West, along the east right of way line of said VY wide alley and the west line of Lots 51 through 10 of said Block 11, a distance of 300.00 feet to the southwest comer of said Lot 10, same being at the intersection of the east right of way line of said alley with the north right of way line of Nebraska Street (a 50' wide right of way); THENCE North 89 °4954' West, departing the southwest comer of said Lot 10 and along the north right of way line of said Nebraska Street, a distance of 10.00 feet to the southeast comer of Lot 11 in said Block 11, same being the intersection of the north right of way line of said Nebraska Street with the west right of way line of said 10' wide alley, THENCE North 00'03'08' East, along the west right of way line of said 10' wide alley and the east line f 0 F Tyr of Lots 11 through 20 in said Block 11, a distance of 500.00 feet to the POINT OF BEGINNING and �tp% �19�ERf':,95 containing 0.109 of an acre (4,750 square feet) of land, more or less. O NOTE: 1. Chesapeake Land Company, LLC is now known as Chesapeake Land Development Company, LLC, per Affidavit Regarding Certificate of Merger and Amended Amides of Organization, recorded in Instrument No, D209046006, Deed Records, Tarrant County, Texas. 2. Bearing system of this drawing is based upon the east line of the Fort Worth and Westem Railroad Co. right of way., as described in a deed recorded in Instrument No. D210025878, of the Official Public Records of Tarrant County, Texas, said bearing being North 22'10'00" East. "CM' indicates controlling monument • MICHAEL 0. MARX .0 181 ••5•••••x•• n lrq _- 0PES51a�.- '() 5U f2 E� V I ti, CEF1 W /'/'k k 1nm 12700 Puk Ccou.l Drive, SuAE ISW O.N.A, T— 75251 Tel. No. (9n) 770- M Fu No. (9rn) 239 VM ti Dr— 1,, Choetea br D.. 1 P',i_ No sl. ea No NONE MUM 1 DAD 02rM2 1 06"11034 lOF'1 � mzx� �] �� �� W -- �_ .� EXHIBIT A ABANDONMENT OFALLEY O.1U0 ACRE (4.75OSQ. FT.) BLOCK 11 EVAN8'PEARS0NYVE3Tw«O0OADDITION CITY OF FORT WORTH, TARRANT COUNTY, TEXAS | LOT 12 uxo / | . � | LOT `' LOT 10 omApunCsc/ul-/mx _ 1 L_---__---__J L-_--___--__J 1 L��_'J| ------------------1 o:wmy*4un4~W,o.0o | u2: a00*13'08'w(50mr / 19 V-0 �0p MICHAEL B. MARX / ' «"* ' | ( . ux m o \ ' | | [—�-- ------- LOT 17 _w "n* '38 �� | -� � - [-- -------z�- .� un 15 0 � � SW== | _ LOT 14 [_- - (KSC) . . �� ) . LO t3 � | / | LOT 12 / | | ' uvn ° | / =� ""=�7mr W, E - DAKOTA STREET (W VADE RIGHT OF WAY) Fg LOT 3 Irr As BEARS L2 LOT 4 ( / LU mn|� |M IL � LLJ � � LOT I 1 LOT a CM: M LOT 9 LOT 10 NEBRASKA STREET - [-----------1 . . . . NOTE: 1. Chesapeake Land Company, LLois now known o^Chesapeake Land Development Company, uc' per Affidavit Regarding Certificate vr Merger and Amended Articles oforgwouAon". recorded in Instrument No. o2090e006. me°u neoxas, Tarrant County, Texas. z. Bearing system of this umyAoois based upon the east line wthe Fort Worth and Western Railroad Co. right m,m',aa described ma deed recorded m Instrument No. o21moonr8.o/ the Official Public Records m Tarrant County, Texas, said bearing being North 22`mmr sau-'cw^ indicates mmo t- - ' / Y( � || \ | | / � | / . , . , | | CO 101 / | | / ' | ' ' " "RA°",w | ` ` LOT m="°~`= | i i E - DAKOTA STREET (W VADE RIGHT OF WAY) Fg LOT 3 Irr As BEARS L2 LOT 4 ( / LU mn|� |M IL � LLJ � � LOT I 1 LOT a CM: M LOT 9 LOT 10 NEBRASKA STREET - [-----------1 . . . . NOTE: 1. Chesapeake Land Company, LLois now known o^Chesapeake Land Development Company, uc' per Affidavit Regarding Certificate vr Merger and Amended Articles oforgwouAon". recorded in Instrument No. o2090e006. me°u neoxas, Tarrant County, Texas. z. Bearing system of this umyAoois based upon the east line wthe Fort Worth and Western Railroad Co. right m,m',aa described ma deed recorded m Instrument No. o21moonr8.o/ the Official Public Records m Tarrant County, Texas, said bearing being North 22`mmr sau-'cw^ indicates mmo t- - ' / Y( � || \ | | / � | / . , . , | | CO 101 / | | / ' NEBRASKA STREET - [-----------1 . . . . NOTE: 1. Chesapeake Land Company, LLois now known o^Chesapeake Land Development Company, uc' per Affidavit Regarding Certificate vr Merger and Amended Articles oforgwouAon". recorded in Instrument No. o2090e006. me°u neoxas, Tarrant County, Texas. z. Bearing system of this umyAoois based upon the east line wthe Fort Worth and Western Railroad Co. right m,m',aa described ma deed recorded m Instrument No. o21moonr8.o/ the Official Public Records m Tarrant County, Texas, said bearing being North 22`mmr sau-'cw^ indicates mmo t- - ' / Y( � || \ | | / � | / . , . , | | CO 101 / | | / ' � " EXHIBIT 6 ABANDONMENT OFALLEY 0.0V0 ACRE (25O SO. FT) BLOCK 11 EVANS-PEARSQNYVESTYVOOOADDITION CITY 0F FORT WORTH, TARRANT COUNTY, TEXAS BEING a tract cf land situated in the William Russell Survey, Abstract No. 15t City cf Fort Worth, Tarrant County, Texas, and being the easterly portion of a 10-feet wide alley situated between Lot 6 and Lot 17, Block 11as created in the Final Plat of Evans-Pearson Westwood Addition, an Addition ho the City of Fort Worth, Texas, according V» the Plat thereof recorded in Volume 310. Page 18of the Map Records of Tarrant County, Texas, and being that portion of said alley situated between Tract 7, conveyed to Tarr-ant FW Pmmportios, L-L.C., now know as Chesapeake Land Development Company, L.L.C., as evidenced in a Special Warranty Deed recorded in Instrument No. D207295105 of the Official Public Records of Tarrant County, Texas, and a tract of land, conveyed to Ricky 0. Phemister, as evidenced in a Warranty Deed with Vendor's Lien, recorded m Instrument No. O2O4DQ1QS4. with 1/2 interest conveyed to Caroline L Phemister.as evidenced ina General Warranty Gift Deed, recorded in Instrument No. D206215901, both of the Official Public Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the northwest comer of said Lot 4. Block 11and the southwest comer of Lot 3insaid Block 11. same also being on the east right of way line ofa said 1O'wide alley, from said comer, a found 1/2-inch iron rod bears South 38"08rVVeg.0.SOfeet; THENCE South 00*03'08" West, along the west line of said Lot 4 and the east right of way line of said 10' wide alley, a distance of 50.00 feet to the southwest comer of said Lot 4, same being the noerhwest comer of Lot 5>n said Block 11; THENCE North 8S*4S54~ West, departing the southwest comer ofsaid Lot 4. the east fight u[ way line ofsaid 10' wide alley, along the extension nf the Common line o/ said Lots 4 and 5. Block 11. and crossing said alley, a distance of5,OO feet hmo comer in the center of said alley; THENCE North 00*03'08" East, along the centerfine of said 10'wide alley, a distance of 50.00 feet to a comer at the intersection of the oentndmeof said alley with the extension of the common line of aforesaid Lot 4and 3' THENCE South 89*49'54" East, departing said centerline, along the extension of the common line of said Lots 3 and 4. Block 11. and crossing said 1V'wide alley, a distance o[5.OUfeet to the POINT OF BEGINNING and containing O.O00of an acre (25O square feet) of land, more orless. ��.����.^....�. M AEL B x �....,.^.....~~�. .^ om , -^ NOTE: 1. Chesapeake Land Company. LLois now known "xChesapeake Land Development Company, uLC. per Affidavit Regarding Certificate of Merger and Amended Arli6es of Organization, recorded in Instrument No. D209046006, Dead Records, Tarr-ant County, Texas. CIE" 2. Bearing system of this drawing is based upon the east line of the Fort Worth and Westem Railroad Co. right of way_ as described in a t 27M NA C.." r*6,� Si. IWO deed recorded in Instrument No. 0210025878, of the Official Pub4ic T— 75ZI Records of Tarrant County, Texas. said bearing being North 22* 10'00" k1k. Dt.— by Chlckd bT East. 'CM" indicates controlling monument. 41 1 MBM DAB I 0=61 i � EXH}�T v ABANDONMENT 0FALLEY 0.006 ACRE (250 SO. FT) BLOCK 11 EVANS-PEARSOMVYESTmK]0QADDITION CITY 0F FORT WORTH, TARRANT COUNTY, TEXAS | LOT 19 LOT 18 LOT J7 yo*'4,'S4*s HD | | wuo�o��w LOT 16 ' uon | | /�. � � | | LOT 15 | | I . 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. 0209046006, Deed Records, Tan-art County, Texas. 2, Bea" system of this drawing Is based upon the e" line of the Fort Worth and Western Railroad Co, right of way., as described in a deed recorded in Instrumenit No, D210025878, of the Official Public Records of Tarrant County, Texas, said bearing being North 22* 1 0'0(r L East *CM* indicates conti-olling monument. �� "° LOT �&� �� W �_ --------- Y S m' LOT | ILIJ ro RICKY o, P*EM/erEm /mmr NO. oowun195w / �n 'o~, 112 INTEREST � ro CAROLINE L. � pusMmTsn ` U. � INST. NO, noo 62 15901 W � o.narcz -jm ul m`, - | | `o," nMICHAELB. x^ hw ��. .. EXHIBIT C— ABANOUNK1ENTDFALLEY O.092 ACRE (4.0O0 SQ. FTj BLOCK 12 EVANS-PEARSONWESTVVOOOADDITION CITY OF FORT WORTH, TARRANT COUNTY, TEXAS BEING a tract cf land situated )n the William Russell Survey, Abstract No. 151. City cf Fort Worth, Tarrant County. Texao, and being a portion of 10-feet wide alley situated between Lots 3 through 18. Block 12 as created in the Final Plat of Evans-Pearson Westwood Addition, an Addition to the City of Fort Worth, Texas, according \o the Plat thereof recorded /n Volume 31O. Page 18of the Map Records of Tarrant County, Texas, and being that portion of said alley situated between Tracts 1, 2, 5, 10 and 11, conveyed to Tarrant FW Properties, L.L,C., now know as Chesapeake Land Development Company, L.L.C., as evidenced in a Special Warranty Deed recorded |n Instrument No. D2O72A51U5of the Official Public Records u/ Tarrant County, Texas, between that tract of land, conveyed 0n Dennis VV. Peters, as evidenced ina Warranty Deed recorded in Volume 53O2. Page 438 and that tract of land, conveyed to Sammie Rose Hopkins Peters, ae evidenced /n o Special Warranty Oood recorded in Volume 11262' Page 1336. both of the Deed Records uf Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of said Lot 11, Block 12, same being the intersection of the north right uf way line ofDakota Street (a50'wWo right of way) with the west right of way line cf aforesaid 10'vWdeAlley, from said point, ahmnd 1/2-inoh ~RPLS4277' capped iron rod bears South 00^03'13^West, 2.50 feet; THENCE North 00'U313" East, along the east line of said Lots 11 through 18. Block 12 and the west right of way line of said 10'wide Alley, a distance of 400.00 feet to a 3/4-inch iron rod found for the east common corner oy said Lot 18and Lot 10)n said Block Y2; THENCE South 89*49'54" East, departing the west right of way line of said 10' wide Alley and crossing said Alley, a distance of 10.00 feet to the west common corner of Lot 2 and Lot 3 in said Block 12; THENCE South 00*03'13" West, along the west line of said Lots 3 through 10, Block 12 and along the east right of way line of said 10'wide Alley, a distance of 400.00 feet to the southwest corner of said Lot 10, same being the intersecbon of the east right of way line of said Alley with the north right of way line of aforesaid Dakota Stvset, from said oo/ner, m found 1/2-inch ^RPLS 4277" capped iron rod bears South 05"04 West, 2.55 THENCE North 88^ 9'54^VVeet, along the north right of way line of said Dakota Street, u distance of1[iOO feet to the POINT OF BEGINNING and containing 0,092 of an acre (4,000 square feet) of land, more or less. MICH�AEL S. MARX '0 5181 SUR'4 NOTE: )lip 1. Chesapeake Land Company, uC is now known uxChesapeake Land Development Company, uc. per Affidavit Regarding Certificate ' u/ Merger and Amended Articles v, Organization, recorded m Instrument No. 000mwaoma. Deed Records, Tarrant County, Texas. CZMMFI u Bearing system ^/ this drawing /a based upon the east line urthe Fort Worth and Western Railroad Co. right v/way..ae described ma deed recorded m Instrument No. mz1uuzoorn.^, the Official Public Records or Tarrant County, Texas, said bearing being North oo^10'mr East. ^cw^/no/camscv^volnnomvnumem. � � , � _ F LOT I LOT 2 10 O(P -F F OPP 1 unm | uxn __ �� _ EXHIBIT 0— ABANDONMENT OFALLEY 0.092 ACRE (4.O0OS2.FT) BLOCK 12 EVANS'PEARSDNVVESTVVDDDADDITION CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Uj � wv0 � LU � 2 W4' RF CM LOT 20 LOT 19 � LOT 18 LOT 17 — — -- /� 11,� = � " ^ | | LOT aae*os4^s �) nn 10.001 ' _ _ __' �� ~� LOT n mr 160' ___� U__-- -- -- ---- GRAPHIC SCALE mr LOT 15 LOT 14 ««`^ / LOT 12 POINT OF BEG, LOT 11 0 'nS 411.77)" � � r------- 2 5a cm | w���' ;o�o '~� NOTE: I ' c����e��u���.uc�m�k���c���� ��oevelopnmn,Company, uo. per Affidavit Regarding Certificate vx Merger and Amended Articles o/ Organization, recorded /^ Instrument No. ouuVow6nmG. Deed Records, Tarrant County, Texas. z Bearing system cx this drawing is based upon the east line mthe Fort Worth and Western Railroad Co. right o,.uv..om described ma deed recorded a Instrument No. ox1oozooru.n( the Official Public Records u( Tarrant County, Texas, said bearing being North 2210'00^ East 'CM' indicates controlling monument. LOT 5 OT 16 LOT 6 LOT 15 Op Ld UJ LOT 8 LOT 13 LOT 10 LOT 11 DAKOTA STREET (50' WIDE RIGFfT OF WAY) MICHAEL B. MARX OP Al its .. . \ -- -- -�- --- -- --�-� --'-- --- -- ----------' - - | GRFEN FT l*T 1, 111111 1�11 AC UJI kiyo ^ ~ CITY MAN Comm.�N =`="."___- i If if, 51 I OYU RINI- Io i jIM id GIN! r A i A % oJIM I i 3 t I ff 12 10 14 15 i6 77 19 ig 20 WHITMORE ST 3 4 5 6 7R 12 18 14 15 16 17 WEISENBERGER ST 2 3 4 I 5 6 7 VA-012-011 Vicinity Map 6 26 23 4 7 22 5 25 24 7 21 6 211;�.j 23 8 SR 20 7 23 22 9 19 13 22 21 to 13 72 "0 ,9 13 18 9 21 12 20 1 17 0 20 50 12 16 1 14 18 13 1 15 12 18 15 17 t4 14 13 17 16 16 15 KANSAS ST 2 ti 3 L 4 5 4 3 2 1 5 000 12 A2 it NEBRASKA ST q Area to be re-platted with 1:1 vacated right-of-way A3 UR N 1 inch = 200 feet W 5 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, December 18, 2012 REFERENCE NO.: PZ-303(Fevised) LOGNAK8E: 000005030\AA-012'011-REVISED SUBJECT: Adopt Ordinance Vacating an Alley Between Nebraska Street and Dakota Street and a Portion of an Alley Between Dakota Street and Kansas Street oo Requested by Chesapeake Operating, Inc (COUNCIL DISTRICT 9) It is recommended that the City Council: 1. Adopt the attached ordinance vacating an alley between Nebraska Street and Dakota Street and a portion of an alley between Dakota Street and Kansas Street as requested by Chesapeake Operating, Inc; and 2. Waive any and all purchase fee value of the vacated land in accordance with City Policy (K4&C G- K]nn|ey-Honn and Associates, |nn,on behalf of Chesapeake Operat Inc., has requested the vacation nf these alleys to rep|odthem with the adjoining property for future development. The City F1mn Commission recommended approval of this request at its meeting on April 25, 2012. An acceptable replat (FS-012-041) has been received, The City of Fort Worth KChv> originally obtained the above mentioned rights-of-way through the platting process. The City does not own land under oradjacent to the above referenced alleys. Since nuCity funds have been expended to purchase property or easement rights, collection of the fair market value or any portion thereof is recommended by Staff tnbewaived. This project islocated in COUNCIL DISTRICT 9. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. CENTERS: FUND TOFund/Amommnt/Cenbemm FROM Fund6Account/Cemtano Submifted for City Manager's Off by- Additional Information Contact: Fernando Costa (0122) Randle Harwood (0101) Alexander Parks (2058)