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HomeMy WebLinkAboutOrdinance 16306-02-2005ORDINANCE NO. ~ ~~~~~~~~ AN ORDTNANCE REPEALING ORDINANCES 15192, 25295, AND 16253 AND ADOPTION OF AN ORDINANCE VACATING AND EXTINGUISHING EXCESS RTGHT-OF-WAY IN THE WILLIAM HUBBELL SURVEY, ABSTRACT NUMBER 151, ANI9 BEING A PORTION OF WEST FIFTH STREET AND FOREST PARK BOULEVARD RIGHT-OF-WAY BEGINNTNG AT THE SOUTHEAST CORNER OF LOT 1, BLOCK. 1, CALVARY ADDITION CONTAINING 19,759 SI~UARE FEET OR 0.454 ACRES OF LAND AND VACATING AND EXTINGUISHTNG A PORTION OF PENN STREET RIGHT-OF- WAY LOCATED IN THE A. ROBINBON SURVEY, ABSTRACT NUMBER 1289, BEGINNING AT THE SOUTITWEBT CORNER OF LOT 16, CARLOCI~'B ADDITI®N, CONTAINING 84,804 SQUARE FEET OR 1.946 ACRES OF LAND, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS; PROVIDTNG THAT TIIIB ORDTNANCE SHALL BE CUMULATTVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTTVE DATE. NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That a portion of the right-of way located in the William Bussell Survey, Abstract Number 151, and being a portion of West Fifth Street and Forest Park Boulevard right-of-way (variable width right-of--way) beginning at the southeast corner of Lot 1, Block 1, Calvary Addition according to the plat recorded in Volume 38$-168, Page 7, Plat Records, Tarrant County Texas and containing 19,789 square feet or 0.454 acres of land, City of Fart Worth, Tarrant County Texas, as more specifically described in Exhibit A attached hereto and incorporated herein by reference, be and the same is vacated and extinguished and A portion of Penn Street right-of way (variable width right-of=way) located in the A. Robinson Survey, Abstract Number 1289, beginning at the southwest corner of Lot 15, Carloek's Addition, an addition to the City of Fort Worth, according to he plat recorded in Volume 105, '6~EST FIFTH STREET & NORTH FOREST PARK BOULEVARD RIGHT-OF-IPAY VACATION PROPERTY DESCRIPTION - ~~ SCALE ~" =loo' 0 ~r,z"~ ~ X3.6,° ~ o ~ ~ q D~67"t5>51" E~ P.. ° a R=1AO.OfY ~~~~ ~~~'~0 ~ ~~1 4.OT 1 > BI~QCK 1 ~ ~~ ~ ~ ~ ~~ ~ R CALVARY CATHEDRAL ADDITION ~' ~ 1ti ~ A~~ VOL X88--i fi8> PG. 7 U~1s•47'S4" P.R.T.C.T. R~63207' ~185.31> 1 s ~J'4r CR o $9 . ~°~ A ~ a5 cams6zro5>3s~ RtGWT-OF-WAY 7p ~8'CHORD-184.65 VACATEON S89?.8'31`W ggg• g',~ N89'564i'W 351.50' f 5U.53 2118.08' D~100"12.42" R=45.00' ~Yest 5th Street ®~+ .~~. ®~ ' 1,=7&71 CB=N402508"W ~~'i~ 8 ~s C® ~C%~~T , . Ct10RD~69.05 RIGST-OF-1fAY VACATION Sitacfed Est the 1YtI1cm Hassell Survey, Abstract Na 151 Gty of Fort 1Yorih, Talrant Carnty, Texas. Engineers I~un avva . y Planners Surveyors Associates ~~1c , . Landscape Architects 1503 Mer.Pmac G[rciQ, 5le. 300 ~ rt WorBr, 7X 76707 Ah: 817.335.1121 Metres: ei7.429.2435 Pax: 817.335.7437 Page 1 of 2 WEST FIFTH STREET & NORTH FOREST PARK BOULEVARD RIGHT-OF-%AY VACATION PROPERTY DESCRIPTION BEING a tract of land situated in the William F3ussell Survey, Abstract No. 151, City of Fart Worth, Tarrant County, Texas and being a pardon of West Fifth Street and Forest Park Boulevard right-of-way {variable width right-of-way) and said tract being more particularly described by metes and bounds as follaws: COMMENCING at the southeast corner of Lot 1, Block 1, Calvary Cathedral Addition, an addition to the City of Fort Worth according to the plat recorded in Volume 388-168, Page 7, Plat Records, Tarrant County, Texas and being in the north right--of---way of said West Fifth Street, the west right-of-way line of Penn Street (variable width right-of-way) and said paint being the southern mast end of a curve with a radius of 90.00 feet; North $9'56'41" West, with the north right-af-way line of said West Fifth Street, a distance of 209.08 feet to a point; South 89°28'31" West, cantining with the north right-of-way line of said West Fifth Street, a distance of 150.53 feet to the POINT of BEGINNING of herein described tract; THENCE South 89°28'31" West, a distance of 351.50 feet to a point for the beginning of a curve to the right having a central angle of 100°12'42", a radius of 45.00 feet and a chord bearing and distance of North 40°25'08" West, 69.05 feet; THENCE with said curve to the right in a northwesterly direction, an arc length of 78.71 feet to a point; , THENCE North 09"41'13" East, a distance of 210.35 feet to a point in the easterly right-~-of-way line of North Forest Park Boulevard; THENCE with the easterly right-of-way line of said North Forest Park Boulevard and with the northerly right-of-way line aforementioned West Fifth Street the follawing courses and distances os follows: South D6°31'12" East, a distance of 93.64 feet to a paint for the beginning of a curve to the left having a central angle of 67°15'51", a radius of 14D.00 feet and a chard bearing and distance of South 40°08'05" East, 155.08 feet; With said curve to the left in a southeasterly direction, an arc length of 164.36 feet to a point; South 73'41'36" East, a distance of 70.19 feet to a point for the beginning of a curve to the left having a central angle of 16°47'54", a radius of 632.D7 feet and a chord bearing and distance of South 82'05'36° East, 184.65 feet; With said curve to the left in a southeasterly direction, an arc length of 185.31 feet to the POINT of BEGINNING and containing a calculated area of 19,789 square feet or 0.454 acre of land. RIGHT-OF-Itl'AY VACATION SRuated in the W8t€om BussaiE Survey, At+etract No. 151 city of Fort Worth, Tarr~rt County, Texas. Dl1~la.W~.~ Engineers (r1, Y1r JV Planners Associates, inc. surveyors Landscape Architects 1501 Merrimac Cirde, Sta_ 1Oa Fart 4Vorlfi, TX 761x7 Ph: 817.335.1121 McFro: 617.x29.2135 Fax: 817.335.7437 nA~rs: n~cs~~at as, znn4 n~ JoB xo, znnznsa Page 2 of 21 N59 28'19"E /S89 36'11"E 27. \ 47.25 X24 _~~•~... N7i~2~ "W 9' R~240.66 ro~ej s F L=~4 8o SCATS 1" = 100' ' " / c~~s53'S4 d4 ~ 74 50 ~ A~34 33'19" A~17'S0'23" R=148.56 L=88.56 R=280.06 CB=N55'26'08"W y~ L~86.85 ~,36`E ~ G~68.21 ~ ~m. (~B6.6 B ~ 'LT j~.fG ~~ ~' r ,~Cs~ F X9'48°09` Ft=240.W 64,804 S.F./ L~41.66 ' ' ' " 1.84fi ACRES C$=527 S2 A8 VH RfGHT--OF~WAY C-=41.69 VACATION ~ ~,`I R ~a W 9 ~ ~g 1'R~'W '7'x ~ 6 O$~~~0 ~Q ~ 4 C ®5 6 A- ~ ~g~ lJ~38'ia~06° P R~493.9a A~28'S2'22.° L=293.88 CB~N18'57'62"W R=230.66 L=167.87 C=288.53 CB~S16'ZB'38"E C*mi66.69 Vj LD1' 1, BLDCK '! `~~ CALVARY CA1N~bRAL ADDITIDi~ F, ~~, ~.,~ ~ ~ VDL 388--168. PG. 7 w ~ `rr. ' ~ `~ ~ P.R.T.C.T. F ~ ~ ~ , cn 543~655"W 78' X64"W ~ ~ 5.32 ~ ~ '~ f1. w P u ~' ~~w tf375 12-76 ~ R.L CARLDCICS Afx1iSAF1 ~j Vqf_ 106, PG. 5S nrrrcr. w~ 842'22'36° Q h=8a'33'37' , R=274.OD L=262.65 R=86.60 c~=526.48'5E1"WW f.=142.25 C=988.07 C$~N44'S3 q3'E 2 c. i ~ '^~- t c 7 POINT' ®F N00'28'28'W BFGIlYNING 3s.44 Tt89'56'41'W i 77:18 OC}'28'26"W Vest 5th. Street PO.IIITT' OF 1 D.53 ~~" Q~~i RIGIIT-OF-IIAY VACATION Sttuatad fn Bte A Rob€ntwn Survey, Abstract No. 1289 City of Fart Vlorth, Tarrant County, Texas. ~~~i~~ers Dunawa y Plalrners Surveyors ~SSC}C1i~ PS nC . . y Landscape Archikects 1501 M¢rrimac Ci~¢, Ste. tan port Wo:w, "rx 7fi107 PH: 817.335.112'1 Metro: 8i7A29.2135 Fax: SiT,335.743T ~A~: nsc>~~ 06, z664 nay aos xo. zaaz69 P eio18 PENN STREET RIGHT-OF-IY~AY VACATION PROPERTY DESCRIPTION BEING a tract of land situated in the A. Robinson Survey, Abstract No. 1289, City of Fort Worth, Tarrant County, Texas and being a portion of Penn Street right-of-way (variable width right-of---way) and said tract being mare particularly described by metes and bounds as fol laws: COMMENCING at the southwest corner of Lot 16, Oarlock's Additian, an addition to the City of t=ort Worth according to the plat recorded in Va[ume 106, Page 55, Pkat Records, Tarrant County, Texas and being in the east right-of-way of Bald Penn Street; North 00°28'26" West, with the west line of said Lat 16, Oarlock's Additian and with said east right-af-way line of Penn Street, a distance of 10.53 feet to the POINT of BEGINNING of herein described tract; THENCE North 89°56'41" West, a distance of 177.19 feet to a paint in the west right-af-way line of said Penn Street and being the beginning of anon-tangent curve to the left having a central angle of 90"33'37", a radius of 90.00 feet and a chord bearing and distance of North 44°53'43" East, 127.90 feet; TH(=NCE with the east right-of-way line of said Penn Street the following courses and distances as follows: With said non-tangent curve to the left in a northeasterly direction, an arc length of 142.25 feet to a point; North 00°00'43" East, a distance of 185.99 feet to a paint far the beginning of a curve to the left having a central angle of 38°00'06", a radius of 443.10 feet and o chord bearing and distance of North 18°57'02" West, 288.53 feet; With said curve to the left in a northwesterly direction, an arc length of 293.89 feet to a point; North 37'59'16" West, a distance of 163.85 feet to a point for the beginning of a curve to the left having a central angle of 34"33'19", a radius of 1~-8.50 feet and a chord bearing and distance of North 55°20'09" West, 88.21 feet; With said curve to the left in a northwesterly direction, an arc length of 89.56 feet to a point; North 72'12'16" West, a distance of 34.25 feet to a paint; THENCE Nnrth 59°29'19" East, departing said east right-of-way line of Penn Street, a distance of 27.66 feet to a point; South 69°36'11" East, a distance of 47.25 feet to a point; RIGHT-OF-YIAY VACATION Situated in the A. Robtntxon Survey, Abstract Na 1298 City of Fort Ylorth, Tarrant County, Texaa D ~~ ~''['~ ]'~'~ ~" Engineers v~l ./V Planners Associates one, Surveyors ~ Landscape Architects 1581 rNerrlrnac Clrcle, Sta. 19p Fart Worlh, TX 761p7 Ph: 817.335.1121 Metre: $17829.2135 Fax: 817.335.7437 n.~arx: n~caa~ aa, 2oa~ n.~t aaa pro. zaazag PENN STREET RIGHT-OF-WAY VACATION PROPERTY DESCRIPTION 5auth 62°49'49" East, a distance of 107.81 feet to a point for the beginning of a curve to the right having o central angle of 17°51'28", a radius of 240.00 feet and a chard bearing and distance of South 53'54'04" East, 74.50 feet; THENCE with said curve to the right in a southeasterly direction, an arc length of 74.80 feet to a point for the beginning of a curve to the left having a central angle of 17'50'23", a radius of 260.00 feet and a chord bearing and distance of South 53'53'30" East, 80.63 feet; THENCE with said curve to the left in a southeasterly direction, an arc length of 80.95 feet to a point; South 62°48'40" East, a distance of 135.56 feet to a paint for the beginning of a non-tangent curve to the right having a central angle of 09'48'09", a radius of 240.00 feet and a chord bearing and distance of South 27°52'48'° West, 41.01 feet; THENCE with said non-tangent curve to the right in a southwesterly direction, an arc length of 41.06 feet to a paint for the beginning of a curve to the left having a central angle of 29°50'20", a radius of 110.00 feet and a chord bearing and distance of South 17°51'43" West, 56.64 feet; THENCE with said curve to the left in a southwesterly direction, an arc length of 57.29 feet to a point far the beginning of a curve to the left having a central angle of 26°52'22", a radius of 230.00 feet and a chord bearing and distance of South 10°29'38" East, 106.89 feet; THENCE with said curve to the left in a southeasterly direction, an arc length of 107.87 feet to a point; South 34°37'54" East, o distance of 137.13 feet to a point; North 78°42'04" West, a distance of 10.84 feet to a point; South 43°26'55" West, a distance of 5.32 feet to a point for the beginning of a curve to the left having a central angle of 42°22'36", a radius of 274.00 feet and a chord bearing and distance of South 20'49'50" West, 19$.07 feet; THENCE with said curve to the left in a southwesterly direction, an arc length of 202.65 feet to the POINT of BEGINNING and containing a calculated area of 84,804 square feet or 1.946 acres of land. RIGHT-OF-WAY VACATION Situated in the A Rnbin9al Survey, Abafrect No. 1289 City of Fort Worth, Torrca~t County, Tewtre. D~g1 ~t1[T~tj Engineers 11 Y~ Jy Planners Assoc~acs, Inc. ~~ a cape Architects 1561 Merrlm.~c G*cle. 3fo. 160 Fan WnWS, 7X 78107 Ph: 817.335.1121 Metro: 817A29.2135 Fux: 917.335.7437 DATE: DECE9~ER O8, 2004 D~ 30H N0. 200209 J Page SS, Plat Records, Tarrant County. Texas, containing 84,804 square feet or 1.94& acres of land, City of Fort Worth, Tarrant County Texas; as more specifically described in Exhibit B attached hereto and incorporated herein by reference, be and the same is vacated and extinguished. SECTION 2. That the fee to the land in the above described vacated street rights-of way are hereby released and shall revert to the adjacent owner as provided by law. SECTI®N 3. That 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. SECTI®N 5. That this ordinance shall take effect upon adoption. AI'PFtOVED AS TO FORM SID I.,EGA.LIT'S~: G~l~- pert. . Assistant City Atto ey Adopted and Effective: ~c~~ 2 City ®f F®rf V!/®rth, Texas Mayor and Council Communication C®i;1NCIL ACTION: Approved on 2/22/2005 -Ordinance No. '1630fi-02-2005 ®ATE: Tuesday, February 22, 2D05 LOG NAME: 06NFPKBLVD REFERENCE NO.: PZ-2572 REC©MMENDATI®N: It is recommended that the City Council: 1 } Repeal Ordinance No. 15192, 15295 and 15253; and 2} Adopt the attached ordinance vacating and extinguishing excess Right-of-Way in the William Bussell Survey, Abstract No. 151 and being a portion of West Fifth Street and Forest Park Boulevard; beginning at the southeast corner of Lot 1, Block 1, Calvary Addition; containing 19,789 square feet or 0.454 acres of land in the A. Robinson Survey, Abstract No. 1289; being a portion of Penn Street; and beginning at the southwest corner of Lot 16, Oarlock's Addition, containing 84,804 square feet or 1.946 acres of land, in the City of Fort Worth, Tarrant County, Texas. ®ISCl1SSION: Pier 1 impart, lnc. ofi Fort Worth, Texas, owner of the above described properties, has requested vacation of the excess Right-of-Way easements to replat with adjoining land. These Right-of-Way easements shall be retained as utility easements for existing water and sanitary sewer lines, unless other satisfactory arrangements are made, including relocation at the applicant's expense. The City Plan Commission recommended approval at its Public Hearing on August 28, 2002. The Engineering Department, Real Property Services Division, states that a fee of $37,813.50 will satisfy the public interest. Reviewing City Departments and public utility companies have raised no objections to this request. An acceptable replat has been provided {FS-02-212}. The value of the Right-of-Way will be credited towards the City's participation in the Economic Development Program agreement between the City and Pier-FTW, Inc. Ordinance Nos. 15129 and 15295 do not properly refilect the decision of the Plan Commission. A correction Ordinance No. 16253 was approved but failed to include the repeal of Ordinance No. 15192. The repeal of Ordinance Nos. 15129, 15295 and 16253 and adoption of the attached ordinance will correct this error and reflect the accurate recommendation of the Plan Commission and action by the City Council. This request is located in COUNCIL DISTRICT 9 Lagname= 06NFPKBLVD page ~. of 2 FISCAL INFORMATI®NICERTiFICATION: The Finance Director certifiies that this action wili have no materiai efifeci on City i"unds. T© FundlAccour~tlCenters FROM FundlAccountlCenters St~brv-ittect for City Manager°s ©ffice by:. Daie I=isseier (fi2fiE) ®riginatina apartment Head; Bab Riley (8901) Additior~! Information Contact: John Garfield (8043) Logname ~ 06NFPKBLVD page 2 of 2