HomeMy WebLinkAboutOrdinance 20892-09-2013 ORDINANCE NO. 20892-09-2013
AN ORDINANCE VACATING AND EXTINGUISHING A PORTION OF
ELIZABETHTOWN CEMETERY ROAD AND OLD DENTON ROAD,
SITUATED IN THE T.J. BATES SURVEY ABSTRACT NUMBER 206,
WILLIAM BUSH SURVEY ABSTRACT NUMBER 205, JAMES EADS
SURVEY ABSTRACT NUMBER 410 AND THE T.S. REYBURN SURVEY
ABSTRACT NUMBER 1130 OF DENTON COUNTY, TEXAS; AS
RECORDED IN DOCUMENT NUMBER 1998-117441 AND DOCUMENT
NUMBER 2000-117444 OF THE REAL PROPERTY RECORDS OF
DENTON COUNTY, TEXAS; 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 a portion of Elizabethtown Cemetery Road and Old Denton Road, situated in the
T.J. Bates Survey, Abstract Number 206, William Bush Survey Abstract Number 205, James
Eads Survey, Abstract Number 410 and the T.S. Reyburn Survey, Abstract Number 1130 of
Denton County, Texas in the City of Fort Worth, Denton County, Texas as recorded in
Document Number 1998-117441 and Document Number 2000-117444 of the Real Property
Records of Denton County, Texas, and containing approximately 147,134.35 square feet or
3.378 acres 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 street right of way is hereby
released and shall revert to the adjacent owner as provided by law.
t
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.
SECTION 4.
That all ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION S.
That this ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney Mary J. Kay. y retary
ADOPTED AND EFFECTIVE: September 'l 2013
7
EXHIBIT A
Street Right of Way Vacation
ELIZABETHTOWN CEMETERY&OLD DENTON ROAD
BEING A 3.378 ACRE TRACT OF LAND SITUATED IN THE T.J. BATES SURVEY ABSTRACT NUMBER 206,WILLIAM
BUSH SURVEY ABSTRACT 205,JAMES EADS SURVEY ABSTRACT NUMBER 410 AND THE T. S. REYBURN SURVEY
ABSTRACT NUMBER 1130 OF DENTON COUNTY,TEXAS.AND BEING A PORTION OF THAT CALLED 260.514 ACRE
TRACT OF LAND DESCRIBED IN DEED AS PARCEL NO. 3, CALLED 0.517 ACRES DESCRIBED AS PARCEL NO. 5 AND
ALL OF PARCEL NO. 6 IN DEED TO AIL INVESTMENT, L.P., AS RECORDED IN DOCUMENT NUMBER 1998-117441
OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS.ALSO BEING A PORTION OF THAT REMAINDER
TRACT OF LAND KNOWN AS TRACT I, CALLED 165.497 ACRES,AS DESCRIBED IN DEED TO AIL INVESTMENT, LP.,
RECORDED IN DOCUMENT NUMBER 2000-117444 OF SAID REAL PROPERTY RECORDS. SAID 3.378 ACRES BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 5/8 inch iron capped rod found and stamped "Jacobs" being the northwest corner of said
remainder tract also being the southwest corner of that called Tract 2 as described in Deed to Eagle Income
Properties, LP as recorded in Document Number 2009-143323 of said Real Property Records. Also lying in the
east Right-of-Way (ROW) line of Interstate Highway 35W(variable width ROW);
THENCE S 30° 22' 14"W, along the said east ROW line a distance of 131.02 feet,to an angle point, also being the
most northerly corner of that called 0.0734 Save& Except(Tract 3)as described in said Document Number
1998-117441;
THENCE S 160 33'05"W,continuing along said east ROW line AND THE WEST LINE OF SAID Parcel No. 5 passing
at a distance of 4.04 feet, a point being the proposed northwest corner of Lot 1, Block 1, continuing in all a total
distance of 162.23 feet, to a concrete right of way monument found;
THENCE S 19°53' 58"W,along the common line of said Parcel 6 and said east ROW a distance of 33.93 feet, for
the POINT OF BEGINNING and the northwest corner of the herein described tract;
THENCE over and across said Tract I the following three(3) courses and distances:
N 89°53'50" E, a distance of 824.87 feet, to an angle point for corner;
N 88°53'37" E,a distance of 195.53 feet, to an angle point for corner;
N 89°42'13" E,a distance of 1594.43 feet, to a point for the northeast corner hereof and lying in the
proposed centerline line of North Beach Street(130 foot wide ROW);
THENCE S 01°05'46" E, along said proposed centerline of North Beach Street a distance of 45.23 feet, to a point
for the most easterly southeast corner hereof and lying within a 4 foot barbed wire fence line;
Peloton Job No. HAW13003
April 22, 2013
G:\Job\HWA13003_Eagle_Pkwy\Sur\Legal\Elizabethtown Cemetery Rd Abandonment.docx Page 1 of 3
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THENCE over and across said Parcel No. 6 the following nine (0)courses and distances:
S 89'42' 13" W, leaving said proposed centerline of North Beach Street,along a 4 foot barbed
wire fence a distance of 1711.49 feet,to fence post for an angle point hereof;
5S4^34'25'' VV, continuing along said fence a distance of 74.25 feet, tua fence post for corner;
5U0^32'07" E along a fence line a distance of 741.4O feet,toa point for the most southerly
southeast corner hereof, lying in the south line of said proposed Lot 1, also being the proposed
north line of Eagle Parkway(12O foot wide ROVV);
S88^54' 14" W, along said proposed north line a distance of 20.52 feet,to a point for corner,
also lying in the cast line of that certain tract of land described as save and Except Tract l as
described in said Document Number 1Q9O-117441;
N00^4G'24" VV,along the east line of said Save and Except tract,a distance ofJ6.42 feet,toa
point for corner also being the northeast corner of said save and Except;
S 89'09' 36" W, along a north line of said Save and Except tract, a distance of 19.38 feet, to a
point for corner;
NUO^32'07" VV, leaving said Save and Except tract,continuing over and across said Parcel 3a
distance of716.5S feet, toa fence post for an angle point hereof;
N 44~11' 27" VV' along and with a4 foot barbed wire fence a distance of61.48 feet, toafence
post for an angle point hereof,
S 89'53' 50" W, along a 4 foot barbed wire fence a distance of 775.28 feet, to a point for the
most westerly southwest corner hereof and lying in said east ROW line AND THE WEST LINE OF
SAID Parcel 6�
THENCE N19~53'58" E, along the common line of said Parcel 6 and the said Interstate Highway 35VV,a
distance of4Z.57 feet, to the POINT OF BEGINNING and containing 147'1343S square feet, 3.378acres
of land more orless.
"This description is for Preliminary Review Only and not toberecorded"
Texas Registration No.&6 '06
.0 786
4
�l-
Date:April 22, 2013
pe|o0on Job No. HAVV13{X}3
April 2Z, 20I3
G:\Job\HVV413O89_EaD|e_Pkuy\Sur\Le0aK[|izab*thtown Cemetery RdAbandonmcn\.docx Page 2of3
EXHIBIT B
TRACT 2
PROPOSED EAGLE INCOME PROPERTIES, LP
POINT OF BLOCK 1 DOCUMENT NO. 2009-2009-1 43323
COLIMENCING i LOT 2 R.P.R.D.C.T.
S 3(7221 4* W Property Une
0 300 600
AIL INVESTME N NT
Parciii o, 5
131.02' DOC Na 1!W-117441 Proposed North line of Lot 1, Block 1
I w R.P.R.D,C.T of
SI
1 Side of To%"
Voi 512,%� -)z TRACT I
a. 2
Pw 2 AIL INVESTWENT LP
S IW53'58" W save&=t DOC NO. 2000-117444
33.93" PMk N 89'53'50" E Q R.P.R.D.C.T.
_DJL&CmT. 824.87 Ll N 89'42 13" E 1594.43' L.21
L8 2
POINT OF
BEGINNING SAW wwe ronce 4 aamod wre venci 42'113" E 1711.49'
$ 89'
CONC S 89*53'50" W L7 L3 0M U14E
MONM
775.28'
c
AIL INYESTMENT LP -C)
DOC ISIM 1998-117441 LU . -
U-) LINE BEARING DISTANCE
PARCEL NO. 6
R.P.R.D.C.T. PROPOSED Ll N 88*53*37" E 195.53'
-4 BLOCK 1 U) 00--C'.."1-1
L2 S 01'05'46" E 45.23' 00
w
9 3i--w
LOT 1 M 2 1 6'7
L3 S 5434'25" W 74.25'
7 7 0-Ln�
L4 S 88*54'14 w 20.52' LU Cli
L5 N 00*45'24" W 26.42'
6
AIL iNVESTUENT LP L6 S 89*09'36" W 19.38'
DOC 140. 19W-117441 04
iH� AIL tNvESTuENT LP L7 N 44*1 1'2 . w 61.48'
DOC NO. 1998-11744 L8
PARCEL NO. 3 1 LU
CALLED 260.514 ACRES PARCEL NO. 3 N 19*5,3'58" E 42.57' cr_
R.P.R.D.CLT. z U*) CALLED 280.514 ACRES
R.P.R.D.C.T. • FOUND CONCRETE ROW MONUMENT
G CALCULATED POINT FOR CORNER
L6 1 INCH IRON ROD FOUND
Saft & ExoW Tmct 1 .4
LOT 1 R. BLOCI( 20 Doe No. 1998-117441 L5 —-—-—- FUTURE EAGLE PARKWAY--—-—-
ALLIANCE COM ADD"
CAMET W. PAGE 789 FLP,R.0,C.T.
P.R.D.C.T.
�
PROPOSED -1 SURVEYORS CERTIFICATION J
BLOCK 7
LOT 1 I i TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF, THE PLAT HEREON IS 3.378 ACRES
AIL VeASTMENT UP I A CORRECT REPRESENTATION OF THE PROPERTY AS DETERMINED BY A SURVEY
DOC No. I998-117441 MADE ON THE GROUND APRIL 02, 2013, THE LINES AND DIMENSIONS OF SAID STREET R.O.W.VACATION
PARCEL NO. 3 E i PROPERTY BEING AS INDICATED BY THE PLAT.
CALLED 260.514 ACRES ii 'I', -
R.PP-D.C.T. being a portion of
A. X- A,-"
CL ELIZABETHTOWN CEMETERY &
Of. OLD DENTON ROAD
REGISTERED PROFESSION D SURVEYOR IC % out of the
TEXAS REGISTRATION NO. 6
William Bush Survey, Abst No. 205
A.DAM M. T. S. Reyburn Survey, Abst No. 1130
DATED: APRIL 22, 2013 .....................%.. James eads Survey, Abst No. 410
57
H111 P E L O T O N T. J. Bates Survey, Abst No. 206
LAND SOLUTIONS This Survey Was Completed Without The Benefit Of A DENTON COUNTY, TEXAS
Current Title Policy Or Commitment-, There May Be Q Easements And/Or Rights-Of-Way That Peloton Land SURV SHEET OF J3
5751 KROGER DR.STE.185 1 KELLER,TX 762"1817-562-3350 Solutions Has Not Been Advised. G:/JOBS/HAW13003/SUR/HAW13003 ROAD VACA.TION.DWG
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION, Approved on 9/10/2013 -Ordinance No. 20892*09,20,13-'-
ow�I."Irll�ll""Il1f0l.--,—,I.—...111.11!ti 1Hp'll",mp�ll,d,l,��ll—i-I.Jll.NWAA(�JMYIMo�lNoN Wy6��bWllwfmfii�imI RAN—
DATE: Tuesday, September 10, 2013 REFERENCE NO.: **PZ-3035
LOG NAME: 060065030 VA-013-006
SUBJECT:
Adopt Ordinance Vacating Portions of Apparent Prescriptive Rights-of-Way Known as Elizabethtown
Cemetery Road and Old Denton Road for Future Industrial Development (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt ordinance vacating portions of apparent prescriptive rights-of-way known as
Elizabethtown Cemetery Road and Old Denton Road for future industrial development; and
2. Waive any and all purchase fee value of the vacated land in accordance with City Policy
Mayor and Council Communication G-15624.
...........
DISCUSSION:
Peloton Land Solutions, Inc., on behalf of AIL Investment, LP, has requested the vacation of these
prescriptive rights-of-way to replat them with the adjoining property for future industrial development. The
City Plan Commission recommended approval of this request at its meeting on April 24, 2013. An
acceptable final plat (FP-013-039) has been received.
Elizabethtown Cemetery Road serves as primary access for certain parcels east of the proposed
development from 11-1135. AIL Investment, LIP, will be constructing the northern half of Eagle Parkway and
the western half of Beach Street and upon the vacation of the rights-of-way will dedicate a temporary
public access easement to the City to provide access along the south right of way of future Eagle Parkway
and the east right-of-way of future North Beach Street. The temporary public access easement will
terminate upon the construction and acceptance by the City of the northern half of Eagle Parkway and the
western half of North Beach Street. The remaining portions of Elizabethtown Cemetery Road will be
abandoned in pieces as the corresponding phases of the industrial development, Alliance Center North,
are final platted. As these portions of the road are abandoned temporary turnarounds will be constructed
to prevent any dead end roads.
The City of Fort Worth (City) originally obtained the above mentioned rights-of-way through
prescription. The City does not own land under or adjacent to the above referenced streets. Since no City
funds have been expended to purchase property or easement rights, collection of the fair market value or
any portion, thereof, is recommended by Staff to be waived.
This project is located in COUNCIL DISTRICT 7.
Lognarne: 060065030 VA-013-006 Page 1 of 2
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Alex Parks (2638)
Loparne: 060065030 VA-013-006 Page 2 of 2
HIHON b31N30 30NVI-111
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1 inch = 700 feet
Area to be re-platted with °°°""""' FUTURE RIGHT-OF-WAYS W E
vacated right-of-way
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