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Home My WebLink AboutOrdinance 26121-04-2023ORDINANCE NO.26121-04-2023 AN ORDINANCE VACATING AND EXTINGUISHING AN 12.5 FOOT WIDE ALLEY, LOCATED IN BLOCK 12, RYAN PLACE ADDITION, FORT WORTH, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT RECORDED IN VOLUME 310, PAGE 83 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, CONTAINING APPROXIMATELY 1,763 SQUARE FEET 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 an twelve and a half foot wide alley, located in Block 12, Ryan Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as shown in the plat thereof recorded in Volume 310, Page 83 of the Deed Records of Tarrant County, Texas, and containing 1,763 square feet 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. SECTION 2. That the easement to the land in the above -described vacated alley right-of-way is hereby released and shall revert to the adjacent owner as provided by law. SECTION 3. 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. Alley ROW Vacation (VA-21--001) Ordinance No. 26121-04-2023 Page 1 of 2 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 That all ordinances or parts of ordinances in conflict herewith are hereby repealed.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: Thomas Royce Hansen, Assistant City Attorney II Jannette S. Goodall, City Secretary Adopted: April 25, 2023 a4,O.p4F Effective: April 25, 2023 o'�°0FO��°�°p`°R0�00 AV8 �10 aO dd��d ° 0* � ` ~d P y° � 000000000 o0 � d 41 �nnoa44�' Alley ROW Vacation (VA-21--001) Ordinance No. 26121-04-2023 Page 2 of 2 D222199678 0811012022 10:43 AM Page: 1 of 4 Fee: $31.00 Submitter: McKNight Title Electronically Recorded by Tarrant County Clerk in Official Public Records - t3-"-L..S MART IOUM MCWXSON coUNry cLm GF# VL-22-6167 DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REVOKE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT Date: JULY 20, 2022 Grantor: WILLIAM D. NORTHERN AND ELIZABETH M. E. NORTHERN, HUSBAND AND WIFE Grantor's Address (including County): O S' J. 1'A✓f 01 7_ COUNTY Grantee: LARRY LEROY TYNER, JR. AND SUSAN T. TYNER, HUSBAND AND WIFE Grantee's Address (including County): 4000 W. 6TH STREET FORT WORTH, TEXAS 76107 TARRANT COUNTY Consideration: TEN AND NO/100--- ($10.00) DOLLARS; and other good and valuable considerations in hand paid by the GRANTEE herein named, the receipt of which is hereby acknowledgcd; Property (including any improvements): SEE LEGAL DESCRIPTION AS DESCRIBED ON EXHIBIT "A" - BEING ATTACHED HERETO AND MADE A PART HEREOF FOR ALL INTENDED PURPOSES. Commonly known as: 1405 ELIZABETH BLVD., FORT WORTH, TEXAS 76110 DEED WITHOUT WARRANTY Page I of 3 GF# VL-22-6167 DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REVOKE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT Date: JULY 20, 2022 Grantor: WILLIAM D. 'NORTHERN AND ELIZABETH M. E. NORTI IERN, HUSBAND AND WIFE Grantor's Address (including County): Ehz-� 1- J. -- -- Z L O QI T T'., r,i 0 ,2 ^}- COUNTY Grantee: LA R RY LEROY TYNER, JR. AND SUSAN T. TYNER, HUSBAND AND WIFE Grantee's Address (including County): 4000 W. 6TH STREET FORT WORTH, TEXAS 76107 TARRANT COUNTY Consideration: TEN AND NO/100----- ($10.00) DOLLARS; and other good and valuable considerations in hand paid by the GRANTEE herein named, the receipt of which is hereby acknowledged; Property (including any improvements): SEE LEGAL DESCRIPTION AS DESCRIBED ON EXHIBIT "A" - BEING ATTACHED HERETO AND MADE A PART HEREOF FOR ALL INTENDED PURPOSES. Commonly known as: 1405 ELIZABETH BLVD., FORT WORTH, TEXAS 76110 DERD Wrrx "' WARRA TY Pagel of3 THIS CONVEYANCE IS MADE SAVE AND EXCEPT THE FOLLOWING RESERVATION: There is hereby reserved unto GRANTORS, their heirs and assigns, all reservations, conveyances, and a maintenance easement to allow Seller access to the Property to maintain GRANTORS fence and other structures along the north side of the Property: Reservations from Conveyance: NONE. Exceptions to Conveyance: Liens described as part ofthe Consideration and any other liens described in this deed as being either assumed or subject to which title is taken; validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded in validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests and water interests outstanding in persons other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; all rights, obligations, and other matters arising from and existing as the same appear of record in the Office of the County Clerk of the County in which the above described property is situated. Current ad valorem taxes on said property having been prorated, the payment thereof is assumed by Grantee. When the context requires, singular nouns and pronouns include the plural. TO BE EFFECTIVE this aD*day of JULY, 2022. KAREN M HOLCOMB :::•�•,�-Notary PuDIiC, State of Texas Comm. Expires 09-15-1011 �.�„11110,� Notary ID 403385-1 ACKNOWLEDGMENT THE STATE OF `jX COUNTY OF TARRAtj -r § The foregoing instrument was acknowledged before me on the 2b day of JULY, 2022, by WILLIAM D. NORTHERN AND ELIZABETH NI. E. NORTHERN. "4& � Je Q mJ— , NOTARY PU IC, STATE OF MY COMMISSION EXPIRES:�g 11jn�2 , DEED WITHOUT NARRANTY Page 2 of 3 AC KNO`,N'LFDGED AND. ACCEPTED: 'J� aLARRY L5hOY TYKE R. /Z ( 5 SUSAN T. TYNER (/` AFTER RECORDING, RETURN TO: LARRY LEROY TYNER, JR. AND SUSAN T. TYNER 4000 W. 6TH STREET FORT WORTH, TEXAS 76107 DEED WINIM T MAR"NrY Page 3 of 3 GF# \ L-22-6167 EXHIBIT "A" - LEGAL DESCRIPTION SEND the north half of a 12.5R wide slay acWIng Lots 3 and 4, Block 12, Ryan Place Addition, Fort MM, Tarnent County, Texan according to the Plat recorded In Volume 310, Page 83 of the Deed Records of Tarrant County, Texas (DRTC), a sid Lots 3 and 4 we the as described in the Deed to Wiliam D Northam and Elizabeth M.E. Northern recorded in D220186818 ORTC, sold trad being tied to the Texas Coon*wts Systam, North Central Zone, NAD 83, use RTK surveying methods tied to the SmartNet Ne *v* reference Station 2308. bearings are grid and cratanoes are horizontal ground measurements, said tract being more particularly described as folows: BEGINNING at a point In the camber of the said May from which a found 1121nch Iron pin beers S39'03'44'E, 8.00ft. acid iron pin being the northeast corner of a bft x 5ft dip of the irr5ereweadon of the north -south 1Git wide aley and the east portion of the 12.5ft wide east -west allay adjoining Lot 5, Block 12, Ryan Place AdOtion rding to the said Plat THENCE N0024'OrW, 8.25tt to a point to the south line of the said Lot 3; THENCE N8g'3512'E, with the south tine of the sald Lots 3 and 4,140.00ft to the southeast comer of Lot 4 and being In the welt right-of-way of a Avenue as shown by said Plat; THENCE 80'24'088E. 8.25ft to a point In the center of the said WW, THENCE 881rW62"W, with the center of the said May, 140.00ft to the piece of beginning and containing 875 square feet of land. FORT WORD VA-22-020 Vicinity Map 4 1 2 3 4 1 2 3 7777 A 12L'T77 72/li Ti L'`j,� ____u�i7 4 1 2 3 4 1 2 3 28 5 28 Subject 26 27 6 26 7 25 25 8 24 9 24 23 10 23 1 22 11 1 1 22 21 21 12 13 1 20 20 Property to be platted with vacated right-of-way N 1 inch = 100 feet W S DRAINAGE SPECIAL NEEDS A FINAL STORM WATER MANAGEMENT PLAN (SWMP) GEMONSTAATING HOW 511E RUNOFF WILL BE u GATED TO PRECLUDE ANY ADVERSE IMPACT TO THE SURROUNDING AREA (AS DEFINED BY THE EDI TIOH OF THE CITY OF FORT WDN H INTEGRATED STORM WATER MANAGEMENT CRITERIA MANi AL CURRENT AT THE THE "E 5WMP IS SUBMIrrzD7 S BE SUBMITTED TO AND APPROVED BY THE CITY OF F04T WORTH PRIOR TO ANY SOIL DISTURBANCE EXCEEDING 1.D ACRE, NOTE AS SHOWN ON ROOD INSURANCE RATE MAP FOR TARRANT COUNTY, TEXAS AN INCORPORATED AREAS MAP A5439COI T0. MAP RENSED DA— MARCH 21, 2019 THE SUBJECT PROPER' APPEARS TO BE IN ZONE 'X' ZONE'X' IS DEFINED AS THOSE AREAS DETERMINED TO BE GUT-E DIE D 2R ANNUAL CHANCE FLGOO PLAIN, NOTE SELLNG A PORTION OF THIS ADDITION BY METES AND BOUNDS 15 A MOLATION OF THE CITY SUNG-110N ORDINANCE AND STATE 11ING STATUTES AND IS SUBJECT TO FINES AND WITHHOLDING OF UTLInEC AND EDUCING PERMITS PARKWAY PERMIT NO - PA — IMPHDVEMENTS SUCH AS CURB AND GUTTER PAVEMENT TIE-IN D— APPROACHES SIDEWALKS AND ORAINAGE INLETS MAY BE REQUIRED AT TIME OF BUILDING PERMIT ISSUANCE NA A PARKWAY PERMIY UTILITY EASEMENTS ANY PUBLIC UTILTr, INCLUDING THE CITY OF FORT WORTH, SHALL HAVE THE RIGHT TO MOVE AND KEEP MOVED ALL OR PART OF ANY BUILDING. FENCE, TREE. SH GROWIH UP IMPROVEMENT WHICH IN ANY WAY ENDANGERS INTERFERES OR IFERES WITH THE CONSTRUCTION, MAINTENANCE, EFFICIENCY OF ITS RESPECTIVL SYSTEMANY OF THE EASEMENTS SHOWN ON THE PLAT. AND THEY SHALL HATE THE RIGHT AT ALL LIMES TO INGRESS AND EGRESS UP gV SAID EASEMENTS FOR THE PURPOSE OF CONSTRUCTION, RECONSTRUCTION, INSPECTION, PATROLLING, MAINTENANCE. AND ADDING TO OR REMONNG ALL OR PART OF ITS RESPECnVE SYSTEMS WITHaT THE NECESSITY AT ANY TIME OF PROCURING TILE PERMISSON OF ANYONE. WATER / WASTEWATER IMPACT FEE NOTE T E CITY OF FORT WORTH HAS AN ORDINANCE IMPLEN FIND THE ASSESSUEll AID 1OLLEDID1 OF WATER ANOWASTEWATER IMPACT FEES THE TOTAL AMOUNT ASSESSED IS ESTABLISHED ON THE LAT APPLICATION, RASEODUPON SCHEDULE TMA DON DATE OF IOF PTHE CURRENT IMPACT E' ORDINANCE ME AMCUIIT TO " COLLECTED I5 DETERMINED UNDER SCHEDULE II THEN IN EFFECT ON THE DATE A BUILDING PERMIT 15 ISSUED, OR THE CONNECTION DATE TO THE MUNICIPAL WATER ANO/OR WASTEWATER 5YSTEM ALL BUILDING LINES SHALL BE IN CDMPLIANCE WITH THE CITY OF FORT WORTH CCMPREHENSVE ZONING ORDINANCE M E CITY OF FDRT WORTH SHALL NOT BE RESPONSBLE F01 RECPE�TpII EEAkEASRAND OPEN 5SMACESR AND, ACCESS EA THE CITY OF FORT WORTH SHALL NOT BE RESPOHRBLE FOR THE MAINTENANCE OF PRIVATE STREETS, DRIMES, EMERGENCY ACCESS EASEMENTS, PUBLIC ACCESS EASEMENTS, PUBLIC PEDESTRIAN ACCESS EASEME115. RECREATION AREAS, OPEN SPACES AND DRAINAGE FACILITIES AND SAID OWNERS AGREE TO INDEMNIFY AND SAVE HARMLESS THE CITY OF FORT WORTH, TEXAS FROM CLAIMS. DAMAGES AND LOSSES ARISING OUT OF OR FORM PERTH OORMANCS PARAGRAPH IGATIONS OF SAID OWNERS SET TRANSPORTATIONIN YIMPACT F THE-- OF FORTWORTHHAD AN ORDINANCE IMPLEMENTING THE ASSESSMENT AND COLLECTION Cl TRA SPGNTATION IMPACT FEES. TOTAL ASSESSED ISESTABLISHEOON E AMOUNT THEAPPROVALDATE OF TITS PLAT APPLICATION, BASED UPON SCHEDULE t OF TIE IMPACT EEE ORDINANCE IN EFFECT AS OF THE DATE OF THE PLAT THE AMOUNT TO BE COLLECTED IS DETERMINED UNDER SCHEDULE 2 OF SAID ORDINANCE. AHD IS DUE ON TILE DATE A BUILDING PERMIT IS ISSUED PRESSURE REDUCING VALK NOTE (PA V'S) . PRIVATE V'S WILL BE REQUIRED. WATER PRESSURE EXCEEDS BO P.SU CON STRUCTIGN PROHIBITED OVER EASEMENTS NO PERMANENT BUILDINGS OP STRUCTURES SHALL BE CON STRUCIEO OMER ANY EXISTING OR PLATTEU WATER, SANITARY SEWER, DRAINAGE, GAS, El ECTRIC, CABLE OR OTHER UTILITY EASEMENT OF ANY TYPE FORESTRY PLAT NOTE COMPLIANCE WITH OPDINANCE IB615 REGARDING URBAN FORESTRY SHALL BE REQUIRED FOR THIS STE J!,�t�VNES, INS LD Z W Q Z 0 50 100 150 200 HORIZONTAL SCALE: 1" = 50' �T 1� �R I I I II ELIZABETH BOULEVARD I I lE..HL, OR. 220DR C I I T 3 4 I I IPOST I a'S. w wA1FA AN R ATU IT SR&So RN — — t�ALIEr vac uv`ss sz w usm 5R IN " -I 8 � e - —� t1' - P w B L K 1 2 G27 .YAW P V0310 A 3URT. on pG B3 DRTC I Z LD g L O C K 1 1 r RYAN PLACE qD DI TION - — — Q _ OL DID PG B3 OR F I I I I 26 � I VICINITY MAP OWNER Larry L Tyner Intl Susan T, Tyner 2412 Gth Ave Fort Worth Texas 76110 PLATTED AREA LOT 5R O 201 Ac FINAL PLAT LOT 5R BLOCK 12 RYAN PLACE ADDITION FORT WORTH TARRANT COUNTY TEXAS BEING A REPLAT OF LOT 5 BLOCK 12 RYAN PLACE ADDITION FORT WORTH TARRANT COUNTY TEXAS AND A PORTION OF A 12.5FT WIDE ALLEY ACCORDING TO THE PLAT RECORDED IN VOLUME 310 PAGE 83 OF THE DEED RECORDS OF TARRANT COUNTY TEXAS BEING A REPLAT OF LOT -OBER, 2022 0 40 80 120 HORIZONTAL SCALE: 1" = 40' ELIZABETH BOULEVARD The subject property has been tied to the Texas Coordinate System, North Central Zone NAD 83, using GPS RiK surveying methods ti to the SmortNet Network reference Station , Bearings are grid and distances are horizont ground measurements. I i I WILLIAM D NORTHERN ELIZABETH IM.E. NORTHERN D220189618 DRTC W 2 3 I---, 4 IZ I I I Q I I I = FENCE POST I — BEARS pOB (D N3'25'02"W EXIST SET 5/81N 0.51 (^.GARAGE`�l EX. CURB BRAZED rI Ex WM � ON PN N89 35'S2"E 140. 0' 17f No'24'08'W 17.50' FD 1 21P S89'35'52"W 135.00' LS44'35'52'W 7.07' 28 BLOCK 12 5 RYAN PLACE ADDITION VOL 310 PG 83 DRTC I� 27 r P •G%S T 4369 J. B. DAVIES, INC. 1. 0p G %0 f FORT WORTH, TEXAS 76115 %y0 SNN e17-335-3154 »vu NO. lo:soa 2S0 24'08"E 12.50' 7C MAP SHOWING ALLEY VACATION ADJOINING A PORTION OF LOTS 3, 4 AND 5 BLOCK 12 RYAN PLACE ADDITION FORT WORTH TARRANT COUNTY TEXAS _ ACCORDING TO THE PLAT RECORDED IN VOLUME 310 PAGE 83 OF THE \�OtiDEED RECORDS OF TARRANT COUNTY TEXAS JULY 27: 2022 BOUNDARY DESCRIPTION FOR 1763 SF TRACT BEING A PORTION OF THE 12.5FT WIDE ALLEY ADJOINING LOT 3,4 AND 5 BLOCK 12 RYAN PLACE ADDITION FORT WORTH TARRANT COUNTY TEXAS BEING the 12.5ft wide alley adjoining Lots 3, 4 and 5, Block 12, Ryan Place Addition, Fort Worth, Tarrant County, Texas according to the Plat recorded in Volume 310, Page 83 of the Deed Records of Tarrant County, Texas (DRTC), said tract being tied to the Texas Coordinate System, North Central Zone, NAD 83, using RTK surveying methods tied to the SmartNet Network reference Station 2308, bearings are grid and distances are horizontal ground measurements, said tract being more particularly described as follows: BEGINNING at a set 5/8inch brazed iron pin, being the southeast corner of the said Lot 4 and being the northeast corner of the said 12.5ft wide alley in the west right-of-way of 6th Avenue according to the said plat; THENCE S0024'08"E, with the said west line of 6th Avenue, 12.50ft to the northeast corner of said Lot 5; THENCE S89035'52"W, with the north line of the said Lot 5, 135.00ft to a found 1/2inch iron pin; THENCE S44°35'52"W, 7.07ft to a point in the east line of a 15ft wide alley according to the said plat and being the southerly northwest corner of the said Lot 5; THENCE N0024'08"W, 17.5ft to a point in the south line of the said Lot 3 from which a fence post bears N3025'02"W, 0.51ft; THENCE N89°35'52"E, with the south line of the said Lots 3 and 4, 140.00ft to the to the place of beginning and containing 1,763 square feet of land. J B Davies Inc July 27, 2022 TxBPE&LS FIRM No 10159100 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/25/23 M&C FILE NUMBER: M&C 23-0296 LOG NAME: 06VA-22-020 ALLEY VACATION BLOCK 12 RYAN PLACE ADDITION SUBJECT (CD 9 / Future CD 9) Adopt Ordinance Vacating a Portion of an Alley in Block 12, Ryan Place Addition to be Replatted with the Adjoining Property to Privatize as a Driveway and Additional Yard for the Adjoining Residential Lot RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance vacating a portion of an alley in Block 12, Ryan Place Addition to be replatted with the adjoining property to privatize as a driveway and additional yard for the adjoining residential lot; and 2. Waive any and all purchase fee value of the vacated land in accordance with City policy. DISCUSSION: J. B. Davies Surveyors and Engineers on behalf of Lee Tyner, has requested vacation of this portion of an alley to be replatted with the adjoining property for a private driveway and yardspace. The City Plan Commission recommended approval of this request at its meeting on December 2, 2022. An acceptable final plat (FS-22-260) has been received in accordance with the Subdivision Ordinance. The City of Fort Worth (City) originally obtained the above mentioned right-of-way through plat dedication. 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 alley. This project is located in COUNCIL DISTRICT 9 and FUTURE COUNCIL DISTRICT 9. 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 by: Dana Burghdoff 8018 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Alexander Parks 2638