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Home My WebLink AboutOrdinance 25037-09-2021ORDINANCE NO. 25037-09-2021 AN ORDINANCE VACATING AND EXTINGUISHING A PORTION OF TARRANT COUNTY ROAD EASEMENT AND PRESCRIPTIVE RIGHT- OF-WAY, SITUATED IN THE W. MCCOWEN SURVEY, ABSTRACT NO. 999, OF THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS; AS RECORDED DOCUMENT NO. 216282322 AND VOLUME 1457, PAGE 77 IN THE REAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS AND CONTAINING APPROXIMATELY 123,314 SQUARE FEET OR 2.831 ACRES OF LAND ACRE OF LAND MORE OR LESS; 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 portions of a Tarrant County Road Easement and prescriptive right-of-way of, situated in the W. McCowen Survey, Abstract No. 999 of the City of Fort Worth, Tarrant County, Texas; as recorded in Instrument No. D21628322 and Volume 1457, Page 77 in the Real Property Records of Tarrant County, Texas, and containing 2.831 acres or 123,314 square feet 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. SECTION 2. That the 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. Tarrant Road Easement ROW Vacation (VA-20-021) Ordinance No. 25037-09- 2021 Page 1 of 2 All existing utility easements 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 That all ordinances or parts of ordinances in conflict herewith are hereby repealed.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: \ va -20YNK Melinda Ramos, Sr. Assistant City Attorney Adopted: September 14, 2021 Effective: September 14, 2021 Ronald P. Gonzales, Acting City Secretary Tarrant Road Easement ROW Vacation (VA-20-021) Ordinance No. 25037-09- 2021 Page 2 of 2 EXHIBIT "A" BEING a tract of land situated in the W. McCowen Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas, being a portion of a tract of land conveyed to NTP35, LP according to the deed recorded in Document No. D216282322 of the Official Public Records, Tarrant County, Texas (OPRTCT), the subject tract also being all of a 50' Roadway Easement recorded in Volume 1457, Page 77 of the Deed Records, Tarrant County, Texas (DRTCT), with the subject tract being more particularly described as follows: BEGINNING at a 5/8" iron rod with plastic cap found for a northwest corner of said NTP35 tract, for the northwest corner of said 50' Roadway Easement, and also being on the south line of Harmon Road, a called 120 foot public right—of—way; THENCE N 89°31'19" E, 50.00 feet along the south line of Harmon Road, the north line of said NTP35 tract, and the north line of said 50' Roadway Easement; THENCE S 00'28'41" E, 2466.05 feet along the east line of said 50' Roadway Easement to the south line of said NTP35 tract, and the north line of Parr Trust, an addition recorded in Document No. D216084667 OPRTCT, also being the southeast corner of said 50' Roadway Easement; THENCE S 88'58'28" W, 50.00 feet along the common line thereof to the southwest corner of said NTP35 tract, also being the southwest corner of said 50' Roadway Easement; THENCE N 00'28'41" W, passing at 879.75 feet a 5/8" iron rod with plastic cap found, and continuing for a total distance of 2466.53 feet along the west line of said NTP35 tract and the west line of said 50' Roadway Easement to the POINT OF BEGINNING with the subject tract containing 123,314 square feet or 2.831 acres of land. SPIARS Li ENGINEERING & SURVEYING 765 Carder load. Saes t00 • Nam, TX 75775 • 972.6B.0:77 TBPE No F-7121 • ',MPS No. F19331130 spiarsengmtt I Drawn: I Checked: 1 Date 1 Job No. TB DKB 11/18/20 20-164 I PAGE 1 OF 2 PARENT TRACT PRESCRIPTIVE ROW VACATION W. McCOWEN SURVEY, A-999 CITY OF FORT WORTH TARRANT COUNTY, TEXAS n t cP DARREN K. BROWN 5252 oFESS��-�O SUR`i� DARREN K. BROWN, R.P.L.S. 5252 Drawing G \2020 JOGS\20-164 The Standard at Harmon Homes\ADMIN — SURvEY\DWG\2D-164 Road Esmt Abandonment dwg Saved By Tbamett Save Tme. 11/18/202D 11 47:24 AM Plotted by tbarnett Plot Date 11/18/2020 1 32 PM 50 50 100 1"=100' Basis of bearing: State Plane Coordinate System, North Texas Central Zone 4202, North American Datum of 1983. Adjustment Realization 2011. HARMON ROAD 5/8" CIRF (CM) LASATER ADDITION_ Cab. A, Slide 8318 PRTCT CRESTED BUTTE DRIVE N r I SBEVEY oo �O0E106ON0 1998 cp. �K'ABSTitNiC I 1019 1 1 5/8" CIRF (CM) N 89'31'19" E « 50.00' t , LASATER ADDIT ON Cab. A, Slide 9016 PRTCT \ POINT OF BEGINNING, Parent Tract Prescriptive Right -of -Way Vacation 2.831 Ac. (123,314 S.F.) W•M °OOACTNE gTRD•999 NTP35, LP Doc. No. D216282322 OPRTCT w 50' Tarrant County Road Esmt. ts)—'. = Vol. 1457, Pg. 77 U_ DRTCT aC —OO WHITE FEATHER LANE 88'58'28" W 50.00' = PARR TRUST Doc. No. D216084667 OPRTCT -7PAGE 2 OF 2 SPIARS ENGINEERING & SURVEYING 765 Custer Road, Sale t08 • Nano, T% 75175 . 972.4V 77 194,E se r 2: r • 0BlPS ias F120431U0 • "owe splarservan Drawn: Checked: Date Job No. TB DKB 11/18/20 20-164 PARENT TRACT PRESCRIPTIVE ROW VACATION W. McCOWEN SURVEY, A-999 CITY OF FORT WORTH TARRANT COUNTY, TEXAS T4- DARREN K. BROWN 5252 P Q 0 SUR`I DARREN K. BROWN, R.P.L.S. 5252 Drawing O\2020 JOBS\20-164 The Standard of Harmon Homes\ADMIN — SURVEY\SNG\20-164 Rood Esmt Abandonment.dwg Saved By ibarnett Save llme 11/18/2020 11 4724 AM Plotted by tbarnett Plot Dale 11/18/2020 1:32 PM 0 20 60 I !nen 60 Pt NOTES LEGEND 022811., MATE RIVE 9 II LO�A IION' MAP IS vaaax x a E a 20�-_1` R. I `-Earee2°e.mm I Apr —^7 ROW UaLcati „, k ram�sFr ---_1hWTE FEM.IANE L 7 1 I I I W,,x�roWCNK ucveY n TeA�. II II \ \ N \ 1 Lot is Block \1 5 oaHTE6. / / 7 ii I I I 7 FArsm29T Des. D/S.AOSAISS: ID E0 s 24 a OWNER, CERTIFICATE STATE OF TEXAS 4 COUNTS OF TERFWT 4 VIHER ureqn keee SE _® EOM IIme ;;2 .temp SRASS=N ea, ,3 Etlaa®0 `0.,, .7,1,K.= . NOW THEREFORE, KNOW ALL HEN BY THESE PRESENTS CROSSING, PLct 2, .lock aS"o waam Ie Iti cry er ren noun, ow ae n.np acel. m r Nwa ..... reA..� NTPS6, tP OW, WIDER WY SOAP NC SEAL OF CANOE tos tee eey SCSI SW CSC, CERTIFICATE PRELIMINARY, THIS DOCUMENT SHALL NOT GE RECORDED FOR ANY PURPOSE IIRRREP IT RPM. PLS. NO KS§ cI Ot [Owx 6 7oI CITY PLAN COM68I5510N CITY OF FORT WORTH, TEXAS THIS SIX VT:ED ORLI IF RECORDED TOWN o O NE (0) [MSS >I7ER DATE OF APProlx Pin APP SY EY cnSISUON SECRETARY FINAI. PLAT NORTH COWTOWN CROSSING LOT 2, BLOCK NORTII C'OWTOWN CROSSING ADDCFION BEING 20.692 ACRES IN THE Y.' M C(OWEN SURVEY, ABSTRACT NO.909) ('ITY OF FORT WORTH TATUBANT COUNTY, TEXAS OWNER ?AFRO., Rgnner Ewutvertl Suue aln wau seee Ass EA§ re [unLri Slere w.Nxum IelesEtunnISSIIS aaane2 ewes Property to be platted with vacated right-of-way VA-20-021 Vicinity Map :POW. CRIT 1 inch = 700 feet City of Fort Worth, Texas Mayor and Council Communication DATE: 09/14/21 M&C FILE NUMBER: M&C 21-0653 LOG NAME: 06VA-20-021 NORTH COVVTOWN CROSSING MULTIFAMILY SUBJECT (CD 2) Adopt Attached Ordinance Vacating a 50-Foot Wide Tarrant County Road Easement, a Prescriptive Right -of -Way, to be Replatted with the Adjoining Property for a Multifamily Development in North Cowtown Crossing RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance vacating a 50-foot wide Tarrant County Road Easement, a prescriptive right-of-way, to be replatted with the adjoining property for a multifamily development in North Cowtown Crossing; and 2. Waive any and all purchase fee value of the vacated land in accordance with City policy. DISCUSSION: Spiars Engineering and Surveying, on behalf of Ojala Holdings, has requested vacation of this prescriptive right-of-way for a 50-foot wide Tarrant County road easement to be replatted with the adjoining property for a multifamily development in North Cowtown Crossing. The City Plan Commission recommended approval of this request at its meeting on January 13, 2021. An acceptable final plat (FP-21-064) has been received in accordance with the Subdivision Ordinance. The City of Fort Worth (City) originally obtained the above mentioned right-of-way through prescription. The City does not own any fee interest in the rights -of -way or own any property adjacent to the right-of-way and did not expend any City funds to purchase the right-of-way easement. In accordance with the City's policy regarding street and alley vacation transactions approved by the City Council on March 6, 2007, Mayor and Council Communication (M&C G-15624), staff recommends waiving the fair market value or any portion thereof of purchase price of this right-of- way easement for the road easement. This project is located in COUNCIL DISTRICT 2. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that approval of these recommendations will have no material effect on City funds. Submitted for City Manager's Office bv: Dana Burghdoff 8018 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Alexander Parks 2638