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HomeMy WebLinkAboutOrdinance 27525-03-2025ORDINANCE NO.27525-03-2025 AN ORDINANCE VACATING AND EXTINGUISHING A PUBLIC RIGHT- OF-WAY SITUATED IN THE JOHN ASKEW SURVEY, ABSTRACT NO. 16, IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, SAID TRACT BEING ALL OF A RIGHT-OF-WAY EASEMENT RECORDED IN INSTRUMENT NO. D223087115 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS AND CONTAINING APPROXIMATELY 7,802 SQUARE FEET OR 0.179 ACRES OF LAND MORE OR LESS; PROVIDING FOR VACATION OF THE EASEMENTS IN THE LAND AND REVERSION TO THE ADJACENT PROPERTY OWNER; PROVIDING THAT THE CITY SHALL RETAIN ALL EXISTING UTILITY 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 public right-of-way, situated in the John Askew Survey, Abstract No. 16 in the City of Fort Worth, Tarrant County, Texas, said tract being all of a right-of-way easement recorded in Instrument No. D223087115 of the Official Public Records of Tarrant County, Texas, and containing approximately 7,802 square feet or 0.179 acres of land more or less, as more specifically described in Exhibit "A" attached hereto and incorporated herein by reference, be and the same is vacated and extinguished. SECTION 2. That easements to the land in the above -described vacated public right-of-way are hereby released and shall revert to the adjacent owner as provided by law. Landing at Creekside Phase 2 )casement Vacation (VA-24-030) Ordinance No. 27525 -03 -2025 Page I of 2 SECTION 3. All existing utility easements shall be retained by the City until such time all utilities located in the easements 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 That all ordinances or parts of ordinances in conflict herewith are hereby repealed.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: Richard McCracken (Mar 31, 202515:42 CDT) Assistant City Attorney Adopted: March 11, 2025 Effective: March 11, 2025 Landing at Creelcside Phase 2 Easement Vacation (VA-24-030) Jannette S. GoodaIl, City Secretary Ordinance No.27525-03-2025 Page 2 of 2 ;.D223087115 .. 05/1912023c09:09 AM. Page; .'I.nf:7.,.. Fee; $43.00 Submitten- Andy Castillo,.. Electronically Recorded by Tarrant County Clerk in Official public Records MARY LOUISE NICHOLSON COUNTYCLERK NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT 13EFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CPN 104129 Landing at Creekside Phase 2 Parcel 01 John Askew Survey, Abstract No. 16 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § .RIGHT-OF:WA.Y EASEMENT THAT CAL HEARTHSTONE LOT .OPTION POOL 02, L.P., a Delaware limited partnership, hereinafter referred to as "Gran tor", for and in consideration of Ten Dollars ($10.00) and other valuable consideration paid by the City of Fort Worth, a municipal corporation of Tarrant County, Texas ("City"), receipt of which is hereby acknowledged, does Grant, Bargain, and Convey to said City, its successors and assigns, the use, passage in and along the Grantor's Property ("Property") situated in Tarrant County, Texas, hereinafter described in the attached Exhibit "A". Grantor does hereby acknowledge and agree that this conveyance to City includes the right of the City to permit the public to use the Property as a public right-of-way. Grantor also hereby acknowledges and agrees that this conveyance to City includes the right of the City to construct and install sidewalks and to permit utilities to be situated within the Property as required by the City or by law, "Utilities" includes but are not limited to- water facilities, sewer facilities, gas facilities, electric facilities, telecommunication facilities, drainage facilities, and other utilities as defined by law. It is intended by these presents to convey 'a right-of-way to the said City to maintain and construct the right-of-way improvements, with the usual rights of ingress and egress in the necessary use of such right-of-way, in and along said Property. TO HAVE AND TO HOLD the above -described Property, together with, all and singular, the rights and appurtenances thereto in anywise belonging, unto the said City, its successors and assigns, forever, Grantor does hereby bind itself, its heirs, successors and assigns, to warrant and forever defend, all and singular, the said premises unto the said City, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. ]SIGNATURES APPEAR ON THE FOLLOWING PAGE] Pox fir. RItT1iT•DFiYAY E:AffiSEF.HT R.V. I llroz 1 D223087115 ...... .... Page 2 of 7 GRANTOR: Cal Hearthstone Lot Option Pool 02, L.P. a Delaware limited partnership By: Cal Hearthstone PBLO GP, LLC a Delaware limited liability company its General Partner By: Cal Hearthstone Public Builder Lot Option, LLC, a Delaware limited liability company, its Sole Member By: Hearthstone Professionals — CS, L.P, a Delaware limited partnership its Member Manager - By: Steven C.-Porath Authorized Person ACKNOWLEDGMENT STATE OF CALIFORNIA § VTY § BEFORE ME, the . ersgned authority, a Notary Public in and for the State of California, on this day pe..rsotiailly- „ pared Steven C. Porath, known to me to be the same person whose name is subscribed to the ping instrument, and acknowledged to me that the same was the act of Cal Hearthstone Lot 00 9p1.02, L.P., a Delaware limited partnership and that he/she executed the same as the act of said c ' ics for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this . ....day of :, 20 in and forthe State of California 1'URC, 'VOR� RIGHT-OF-WAY EASGMEil7 Rm M2no21 D223087115 Page 3 of 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 5 1189 ii "3 C4 4€ i'� i : J7kli3r�4u s➢l �i€�" 53 #c 7Hd l! ' 'v' t�'%' t w 'r�"�1d t' 3" .: itr I=-:91$ A notary publicor other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On May 10, 2023 before me, Karen S. Homback,.Notary Public r Date Here Insert Name and Title of the officer personally appeared Steven C. Porath Names) of 5igner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that helshe/they executed the same in hislherltheir authorized capecity(les), and that by his/her/their slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument certify under PENALTY OF PERJURY under the KA06 S. H08NBACK laws of the State of California that the foregoing Notary Public • California ara his true and correct, Ventura County p gra p Commission N 2413766 op Comm. E 01tes Aug 24, 2026 WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above Signature of Notary Public VP' 11 V IYl+1L Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Then Named Above: Capacity(tes) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): , - 0. Partner -- ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact o Trustee r3 Guardian of Conservator © Other: Signer Is Representing: 02017 National Notary Association Signer's Name: ❑ Corporate Officer -- Titie(s): ❑ Partner-- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee r3 Guardian of Conservator ❑ Other: Signer is Representing: — D223087115 .._.. ,..,. Page 4of7 GRANTEE: CITY OF FORT WORTH DdY1d SGYdy1G�0� By: oe��ev� .IMA fl, 202J I&M CDT1 Dana BurghdW Assistant City Manager APPROVED AS TO FORM AND LEGALITY: �,� Lha� 91Lrpk', By:�� b Name: Jeremy Anato-Mensah Assistant City Attorney .. CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By. Rebecca Diane Oswn t1AU 10, IM31223CDT) Rebecca Diane Owen Planning Manager ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of TEXAS, on this day personally appeared Dana Burghdoff, Assistant City Manager of the CITY OF FORT WORTH, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the CITY OF FORT 'WORTH and that she executed the same for the purposes and consideration therein expressed and, in the capacity, therein stated. GIVEN UNDER MY HAND 20 2�.. ?�*RY AQs' Tj�(y BACON Hota,y 10 #128261860 rr Y' My Commission Expires lanuaty 20, 2027 MoRTOF-WAYS =SI�."C Rev. 1?1+J2R21 AND SEAL OF OFFICE this `.. day of Notary Public in and for the late of TEXAS 3 D223087115 : <. =., : Page 5 of 7 . EXHIBIT "A" 0.179 ACRES RIGHT-OF-WAY EASEMENT BEING A 0.179 ACRE TRACT OF LAND SITUATED IN THE JOHN ASKEW SURVEY, ABSTRACT NO. 16, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AND BEING PART OF AN 89.726 ACRE TRACT OF LAND CONVEYED TO CAL HEARTHSTONE LOT OPTION POOL 02, L.P., AS RECORDED IN COUNTY CLERK'S FILE NO. D221113526, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS. SAID 0.179 ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH 2O10), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM DALLAS CORS ARP (PID-DF8984) AND ARLINGTON RRP2 COBS ARP (PID- DF5387), BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 314 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID 89.726 ACRE TRACT AND THE NORTHEAST CORNER OF A 10.39 ACRE TRACT OF LAND CONVEYED TO DWAYNE DAVIS AND WIFE, BARBARA A. DAVIS, AS RECORDED IN VOLUME 4180, PAGE 7, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF W.J. BOAZ ROAD, ALSO KNOWN AS COUNTY ROAD NO. 4123, FROM WHICH A PK NAIL FOUND FOR THE SOUTHEAST CORNER OF SAID 10.39 ACRE TRACT AND THE NORTHEAST CORNER OF LOT 1, BLOCK 1 OF EAGLE MOUNTAIN-SAGINAW I.S.D. SCHOOL SITE, AS RECORDED IN CABINET A, SLIDE 197, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS BEARS SOUTH 00 DEGREES 38 MINUTES 46 SECONDS EAST, A DISTANCE OF 781.81 FEET; THENCE, OVER AND ACROSS SAID 89.726 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES; SOUTH 68 DEGREES 29 MINUTES 42 SECONDS EAST, A DISTANCE OF 1152.43 FEET TO THE POINT OF BEGINNING; SOUTH 37 DEGREES 10 MINUTES 37 SECONDS EAST, A DISTANCE OF 50.00 FEET TO A POINT FOR CORNER; SOUTH 52 DEGREES 49 MINUTES 23 SECONDS WEST, A DISTANCE OF 0.64 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 56 DEGREES 56 MINUTES 41 SECONDS, A RADIUS OF 5.00 FEET AND A LONG CHORD THAT BEARS SOUTH 24 DEGREES 21 MINUTES 03 SECONDS WEST, A DISTANCE OF 4.77 FEET; Page 1 of 3 S.\NTX-LAND\0163\200 SURVEY\h0 Legal Descriptions\0163EX07.docx D223087115 :,;, ..,:, ,:..::........-...4.... ... Page 6 of 7 ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 4.97 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A REVERSE CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 293 DEGREES 53 MINUTES 19 SECONDS, A RADIUS OF 50.00 FEET AND A LONG CHORD THAT BEARS NORTH 37 DEGREES 10 MINUTES 39 SECONDS WEST, A DISTANCE OF 54.55 FEET; ALONG SAID REVERSE CURVE TO THE RIGHT, AN ARC DISTANCE OF 256.47 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A REVERSE CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 56 DEGREES 56 MINUTES 38 SECONDS, A RADIUS OF 5.00 FEET AND A LONG CHORD THAT BEARS NORTH 81 DEGREES 17 MINUTES 42 SECONDS EAST, A DISTANCE OF 4.77 FEET; ALONG SAID REVERSE CURVE TO THE LEFT, AN ARC DISTANCE OF 4.97 FEET TO A POINT FOR CORNER; NORTH 52 DEGREES 49 MINUTES 23 SECONDS EAST, A DISTANCE OF 0.64 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 0.179 ACRES, OR 7,802 SQUARE FEET OF LAND. A PARCEL PLAT OF EQUAL DATE HEREWITH ACCOMPANIES THIS PROPERTY DESCRIPTION. Michael J. Rd' . `p�. R.P.L.S.1 Registered 1?r 'fessional Land Surveyor Texas Registration No_ 4574 LJA Surveying, Inc. 6060 North Central Expressway, Suite 400 Dallas, Texas 75206 Phone 469-621-07I0 TXBPELS Firm # 10I94382 Page 2 of 3 5:\NTX-LAND\0163\z00 SURVEY\230 Legal Descriptlons\0163EX074m October 4, 2022 D223087115 :. _..__...,.. , :,:w ...... - - Page 7 of 7 CURVE CENTRAL ANGLE RADIUS CHORD BEARING I CHORD .LENGTH ' .ARC LENGTH Cl 56'56'41" 5.0 LINE .. BEARING DISTANCE L1 S37'10'37"E 50,00' L2 S52'49'23"W 0.64' L3 N52'49'23"E ' O:64' 3/4"IRF PK NAIL FOUND 0 vi Y < Q1 Y z f- dLnW0 ca J N 9 =D (n 0 LEGEND POINT OF COMMENCING 3/4"IRF PK NAIL FOUND 0 vi Y < Q1 Y z f- dLnW0 ca J N 9 =D (n 0 LEGEND POINT OF COMMENCING S24'21'03"W 4.7T W. 4 BOAZ ROAD pp ash'° 0 50 100 PROXIMATE (COUNTY ROAD NO. 4123) RVEY LINE \ o?\Y zn \ O ULa � \ Q to \ o m L3` ulo ulC3 0 V 89.726 ACRES CAL HEARTHSTONE LOT OPTION POOL 02, L.P. C.C.# D221113526 O.P.R.T.C.T. POINT OF BEGINNING Cl 0.179 ACRE (7,802. SO. FT.) 89.726 ACRES CAI. HEARTHSTONE LOT OPTION POOL 02, L.P. C.C.# D221113526 O.P.R.T.C.T. Q Ien A)?Fr IL i'iob:f:•.ii �ri•i.•. �lti n MICHAEL J. BAITUP IRF IRON ROD FOUND O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS BEARING BASIS IS GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE. NAD83 (NAD83 (2011) EPOCH 2O10). DETERMINED BY GPS OBSERVATIONS, CALCULATED FRO. DALLAS CORS ARP (PID—DF8984) AND ARLINGTON RRP2 CORS ARP (PID—OF5387) DATE; 1a704Jxz EXHIBIT "All Surveying, lae. PAGE BY: S.C.O. LJA DRWN . 0.179 ACRE RIGHT-OF-WAY EASEMENT 6MNanhCentral EWfessway Phone 469.621.0710 OF CHKD BY: M.J.B. IN THE 1OHN ASKEW SURVEY, A85TRACT NO. 16 SUQe400 8alUs, Tomes 75206 T.6.P.1:.L.S.FltmN°.10lW382 PROJ NO. 0163 CITY OF FORT WORTH, TARRANT COUNTY, TEl(AS FORT WORTH VA-24=030 Vicinity Map -,%LJ-$OAZ-ROAD 3x kp4p[ 16 17 1e 16 14 17 12 11 so 9 6 7 F 10 ftftft 3 ❑❑ ��}} f •---� --• ARDER����rERWE . 6 I 4x L VA-24-030 �f ,• s a 7 e a m n +z 4 I 314 2 33 32 91 29 29 26 37 1 4 3e - -- -- -IVORY KNOLL -ROAD 35 5 37 1e +e 17 16 10 30 21 36 30 40 E" 1 14 13 I] 11 I[1 9 8 41 O- -GREY-FALLOW' STREET- - 42 w O 19 13 7 41 6 11 12 W 7 12 11 e +3 :TW]] EL 10 VV iy 6 14 0 4 I 1e � 7 Ixx u 1� 3 e 1 to 3 ❑0 50 100 200 Feet N Property to be platted with vacated right-of-way w . E s City of Fort Worth, Texas Mayor and Council Communication DATE: 03/11/25 M&C FILE NUMBER: M&C 25-0192 LOG NAME: 06VA-24-030 RIGHT-OF-WAY EASEMENT LANDING AT CREEKSIDE PH 2 SUBJECT (CD 7) Adopt Ordinance Vacating a Right -of -Way Easement Dedicated as a Turnaround at the Terminus of Draper Ridge Drive in Landing at Creekside Phase 2 RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance vacating a right-of-way easement dedicated as a turnaround at the terminus of Draper Ridge Drive in Landing at Creekside phase 2; and 2. Waive any and all purchase price of this right-of-way in accordance with Mayor and Council Communication G-15624 approved by City Council on March 6, 2007. DISCUSSION: LJA Surveying, Inc., on behalf of Lennar Homes of Texas Land and Construction, LTD, has requested vacation of this right-of-way easement since Draper Ridge Drive, the road it was serving as a tumarond, is being extended into phase 3, FP 24-024. The City Plan Commission recommended approval of this request at its meeting on January 8, 2025. An acceptable final plat (FP-24-024) has been received in accordance with the Subdivision Ordinance. The City of Fort Worth (City) originally obtained the above mentioned right-of-way easement through dedication by separate instrument. The City does not own any fee interest in the right-of-way or own any property adjacent to the right-of-way and did not expend any City funds to obtain the right-of-way. 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 purchase price of this right-of-way. 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 bk Jesica McEachem 6504 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Alexander Parks 2638 Expedited