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That all ordinances or parts of ordinances in conflict herewith are hereby repealed.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
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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
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MICHAEL 0. MARX
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EXHIBIT A
ABANDONMENT OFALLEY
O.1U0 ACRE (4.75OSQ. FT.)
BLOCK 11
EVAN8'PEARS0NYVE3Tw«O0OADDITION
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
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- DAKOTA STREET
(W VADE RIGHT OF WAY)
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LOT 3
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L2 LOT 4
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LOT a CM:
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LOT 9
LOT 10
NEBRASKA STREET
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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-
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L2 LOT 4
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LOT 9
LOT 10
NEBRASKA STREET
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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-
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NEBRASKA STREET
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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-
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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.
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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.
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EXH}�T v
ABANDONMENT 0FALLEY
0.006 ACRE (250 SO. FT)
BLOCK 11
EVANS-PEARSOMVYESTmK]0QADDITION
CITY 0F FORT WORTH, TARRANT COUNTY, TEXAS
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LOT 19
LOT 18
LOT J7
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LOT 16 ' uon
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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.
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LOT |
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ro RICKY o, P*EM/erEm
/mmr NO. oowun195w / �n
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ro CAROLINE L. �
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INST. NO, noo 62 15901 W �
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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.
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LOT 2
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EXHIBIT 0—
ABANDONMENT OFALLEY
0.092 ACRE (4.O0OS2.FT)
BLOCK 12
EVANS'PEARSDNVVESTVVDDDADDITION
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
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LOT 19
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LOT 17
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GRAPHIC SCALE mr
LOT 15
LOT 14
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LOT 12
POINT OF BEG,
LOT 11
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NOTE:
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��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
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LOT 8 LOT 13
LOT 10 LOT 11
DAKOTA STREET
(50' WIDE RIGFfT OF WAY) MICHAEL B. MARX
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Area to be re-platted with
1:1 vacated right-of-way
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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)