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Home My WebLink AboutOrdinance 26627-12-2023 (2) ORDINANCE NO. 26627-12-2023 AN ORDINANCE VACATING AND EXTINGUISHING A PORTION OF A SIXTY FOOT RIGHT OF WAY KNOWN AS DARCY AVENUE, SITUATED IN THE JOHN P. MONTGOMERY SURVEY, ABSTRACT 1030, AS DEDICATED BY VAN ZANDT'S HILLSIDE ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 204, PAGE 4, OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, CONTAINING APPROXIMATELY .008 ACRES OF 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. 1. That a portion of Darcy Avenue, a sixty-foot-wide public right of way, situated in the J.R. Montgomery Survey, Abstract No. 1030, as dedicated by Van Zandt's Hillside Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof, recorded in Volume 204, Page 4 of the Plat Records of Tarrant County, Texas, and containing approximately 0.008 acres of land more or less, and as more specifically described in Exhibit "A" and "B" attached hereto and incorporated herein by reference be and the same is vacated and extinguished. SECTION 2. That the easements to the land in the above-described vacated street right of way are hereby released and shall revert to the adjacent owner as provided by law. SECTION 3. All existing utility easement be shall be retained by the City until such time all utilities located in that easement are relocated at the owner's expense. A Portion of Darcy Avenue ROW Vacation(VA-23-011) Ordinance No.26627-12-2023 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 That all ordinances or parts of ordinances in conflict herewith are hereby repealed.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: CITY SECRETARY x Assistant City Attorney Jannette S. Goodall City Secretary ppO�O�®�f ��A ADOPTED AND EFFECTIVE: December 12, 2023 q.J6 0 00� 0 0.A P.~o odd pig 0 0 0 � 0 o o o° 00000.00 A Portion of Darcy Avenue ROW Vacation(VA-23-011) Ordinance No.26627-12-2023 Page 2 of 2 EXHIBIT"A" RIGHT-OF-WAY VACATION Part of Darcy Avenue John P.Montgomery Survey,Abstract No.1030 City of Fort Worth, Tarrant County, Texas DESCRIPTION, of a 334 square foot (0.008 acre) tract of land situated in the John P. Montgomery Survey, Abstract No. 1030, City of Fort Worth, Tarrant County, Texas; said tract being part of Darcy Avenue (a 60-foot wide right-of- way), an addition to the City of Fort Worth according to the plat recorded in Volume 204, Page 4 of the Official Public Records of Tarrant County,Texas;said 334 square foot(0.008 acre)tract being more particularly described as follows (bearing System for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone 4202, based on observations made on January 17, 2023 with a combined scale factor of 1.00012); COMMENCING, at a point at the intersection of the north right-of-way line of said Darcy Avenue and the east right-of- way line of Boland Street(a 60-foot wide right-of-way); said point being the southwest corner of Lot 5B, Block 2 Van Zandt Hillside Addition, an addition to the City of Fort Worth according to the plat recorded in Volume 388-126, Page 32 of said Official Public Records;from said point a 5/8-inch iron rod with yellow"Dunaway"cap found for the northwest corner of said Lot 5B bears North 00 degrees, 09 minutes,40 seconds East, a distance of 105.09 feet; THENCE, North 63 degrees, 12 minutes, 59 seconds East, along said north line of Darcy Avenue and the south line of said Lot 5B,a distance of 47.00 feet to the POINT OF BEGINNING;said point being a southwest corner of Lot 2R, Block 5 Van Zandt's Hillside Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D221271821 of said Official Public Records; from said point a 5/8-inch iron rod with yellow"Dunaway"cap found for an angle point in the west line of said Lot 2R bears North 00 degrees, 09 minutes, 40 seconds East, a distance of 43.20 feet; THENCE, North 63 degrees, 12 minutes,59 seconds East,continuing along said north line of Darcy Avenue and along said west line of Lot 2R, a distance of 60.15 feet to a point for the northeast corner of said Darcy Avenue and a southernly corner of said Lot 2R; THENCE, South 26 degrees, 47 minutes, 01 seconds East, along the east right-of-way line of said Darcy Avenue and continuing along said west line Lot 2R, a distance of 14.52 feet to a 1/2-inch iron rod with "WESTWOOD PS" cap set for corner; THENCE, North 80 degrees, 23 minutes, 57 seconds West, departing said east line of Darcy Avenue and said west line of Lot 2R, a distance of 16.77 feet to a 1/2-inch iron rod with "WESTWOOD PS"cap set for an angle point; THENCE, South 63 degrees, 40 minutes, 42 seconds West, a distance of 46.68 feet to a 1/2-inch iron rod with "WESTWOOD PS"cap set for corner; THENCE, North 26 degrees, 19 minutes,44 seconds West, a distance of 4.20 feet to the POINT OF BEGINNING; CONTAINING: 334 square feet or 0.008 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the vacation tract described. 08/14/2023 y �G` fRF'9s Michael Larry tewii, r Date .... Registered Professional Land Surveyor No. 5773 MICHAEL LARRY LEWIS,JR. ....................... Westwood Professional Services, Inc. ;o 5773 ?� 4060 Bryant Irvin Road, Fort Worth, TX 76109 y0FEss�°`' 0 (817)412-7155 �•••S U Rv TX Reg. Surveying Firm LS-10008001 R0042466.00EX2_1_ega1.doc R0042466.00EX2.dwg GAL PAGE 1 OF 2 LEGEND — — — PROPERTY LINE o<� \ EASEMENT LINE K EXISTING EASEMENT Z LINE 0 3 i I O POINT FOR CORNER a (UNLESS OTHERWISE NOTED) z o o I (C.M.) - CONTROLLING MONUMENT I • o \ P.O.R� POINT OF BEGINNING J �r J � \ O - POINT OF COMMENCING Q P.O.C.- • •C• a_ LOT 2R, BLOCK 5 Li O VAN ZANDT'S HILLSIDE ADDITION CO w - �I (INST. NO. D221271821) w N 0 w o 00 N 5/8-INCH IRON LOT 513, BLOCK 2 ROD W/ YELLOW 0 o 'RUNAWAY' CAP FOUND (C.M.) > -0VAN ZANDT Z LQ of HILLSIDE ADDITION ` 01y s O z (VOL. 388-126, PG. 32) I � E IRS IRS _ 3 1/2-INCH IRON ROD FOUND Z r0�1 I� \ P.O.B. 6�p�0�` N 80 23 57" W — — — ad 5 16.77' Qs W IRS Q O 'a RIGHT-OF--WAY \ Z0 N e� N 26*19'44" W VACATION 4.20' cry,, 334 SF \ X �, (0.008 ACRES) \ W a o. ?� \ o P.O.C, o o v to 04 J o G O } P �l �OT 9, BLOCK 5 O N °F SNP VAN ZANDT � � HILLSIDE ADDITION VOL. 204, PG. 4 CFO°� vbo 0 10 20 40 lP GRAPHIC SCALE IN FEET The undersigned, Registered Professional Land �..•OF..T- 0 9 9 P .• \srF• -1 1. A metes and bounds description of even 6 Surveyor, hereby certifies that this plat of . �a AF'•*' surveydate herewith accompanies this plat survey accurate) sets out the metes and y' °•�`n p � Y Y ; of survey. o bounds of the vacation tract described. YICHAEL•LARRY LEWIS,�JR. ..................... Z 5773 p�;Q the Texas Coordinate System of 1983 (2011 9.yQFFss�° -1� adjustment), North Central Zone 4202, based 08/14/2023 SURD on observations made on January 14, 2023 with a combined scale factor of 1.00012. Michael Larr; LewiUir. Date L Registered Professional RIGHT-OF-WAY TBPE FIRM REGISTRATION NO.F-469 Land Surveyor No. 5773 TBPLS FIRM REGISTRATION NO.LS-10008001 o WESTWOOD PROFESSIONAL VACATION \ Weftvwod STWOODPS.SERVICES,INC. , WECOM PART OF DARCY AVENUE 00 Phone (817)412-7155 4060 Bryant Irvin Road Fort Worth,TX 76109 JOHN P. M A . 1 SURVEY. ABSTRACT NO 1030. DRAWN BY I CHECKED BY SCALE DATE JOB HUA/BER CITY OF FORT WORTH, TARRANT COUNTY, TEXAS c� GAL DCP 1"=20' AUG 2023 R0042466.00 PAGE 2 OF 2 FORT WORM VA-23-011 Vicinity Map 1R13 3 4R1 3R1 1R14 2 1 10 9 8 7 1R 1R 5 R R 1 1 ,R 1R R RB IR10 1R15 4R2 R2 1R16 ,R17 1R 17 18 19 20 11 12 13 14 15 16 17 18 19 20 1 2 3 3 a 5 6 .5 i 5 6 7 Subject 8 1R 9 11A 10 � 11B 16 / 15 11 R2 14 12R Y� 3R 2 0 N Property to be platted 1 inch = 150 feet with vacated right-of-way W e s City of Fort Worth, Texas Mayor and Council Communication DATE: 12/12/23 M&C FILE NUMBER: M&C 23-1039 LOG NAME: 06VA-23-011 DARCY STREET SUBJECT (CD 7)Adopt Ordinance Vacating a Portion of Darcy Street in the Cultural District to be Replatted with the Adjoining Property to Avoid Encroachment of Proposed Parking Garage for Mixed Use Development RECOMMENDATION: It is recommended that the City Council: 1.Adopt the attached ordinance vacating a portion of Darcy Street,to be replatted with the adjoining property to avoid encroachment of proposed parking garage for mixed use development;and 2.Waive any and all purchase fee value of the vacated land in accordance with City policy. DISCUSSION: Westwood Professional Services,Inc.,on behalf of Crescent Real Estate, LLC,has requested vacation of this portion of Darcy Street to be replatted with the adjoining property to avoid a future encroachment of a proposed structured parking garage for a proposed mixed use development in Museum Place.The City Plan Commission recommended approval of this request at its meeting on September 27,2023.An acceptable final plat(FS-23-204)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 street. This project is located in COUNCIL DISTRICT 7. 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 Oryinating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Alexander Parks 2638