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HomeMy WebLinkAboutOrdinance 27914-08-2025ORDINANCE NO.27914-08-2025 AN ORDINANCE VACATING AND EXTINGUISHING A PORTION OF N. COMMERCE STREET, A FIFTY -EIGHT -FOOT WIDE RIGHT-OF-WAY SITUATED BETWEEN NE 29TH STREET AND NE 31 ST STREET IN THE W. GRAY SURVEY, ABSTRACT NO. 635 AND THE M. JOBE SURVEY, ABSTRACT NO. 886, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT OF M.G. ELLIS ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, RECORDED IN VOLUME 63, PAGE 18 & 19, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND CONTAINING APPROXIMATELY 60,713 SQUARE FEET OR 1.3938 ACRES OF LAND MORE OR LESS; 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 portion of N. Commerce Street, a fifty-eight foot wide right-of-way situated between NE 29th Street and NE 31st Street in the W. Gray Survey, Abstract No. 635 and the M. Jobe Survey, Abstract No. 886, Tarrant County, Texas, according to the plat of M.G. Ellis Addition, an addition to the City of Fort Worth, Tarrant County, Texas, recorded in Volume 63, Page 18 & 19, Plat Records, Tarrant County, Texas, and containing 60,713 square feet or 1.3938 acres of land, and as more specifically described in Tract 2 of Exhibit "A" 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 are hereby released and shall revert to the adjacent owner as provided by law. SECTION 3. A Portion of N. Commerce Street Between NE 29th Street and NE 31 st Street Vacation (VA-24-003) Page I of 2 All existing utility easements be 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 That all ordinances or parts of ordinances in conflict herewith are hereby repealed.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: Hye Won Kim, Assistant City Attorney Adopted: Auiaust 26, 2025 Effective: August 26, 2025 Jannette S.Goodall, City Secretary a� F0Rr k000oo0 Vo� �� 00 ~ ° J1 �vo O_� ¢¢� * a oyd 0 000 Ice fan *XAS��p A Portion of N. Commerce Street Between NE 29th Street and NE 31 st Street Vacation (VA-24-003) Page 2 of 2 LEGAL DESCRIPTION TRACT 1 BEING a 0.2640 acre (11,499 square foot) tract of land situated in the W. Gray Survey, Abstract No. 635 and the M. Jobe Survey, Abstract No. 886, Tarrant County, Texas, and being a portion of a 19-foot alley dedicated by the plat of M.G. Ellis Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Volume 63, Page 18 & 19, Plat Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a railroad spike found for the southwest corner of Block 66, said M.G. Ellis Addition, and being in the intersection of the north right-of-way line of Northeast 29th Street, a 58-foot right-of-way, and the east right-of-way line of North Main Street, a 78-foot right-of-way; THENCE North 89°46'25" East, along the said north right-of-way line, a distance of 139.60 feet to the POINT OF BEGINNING, being the southeast corner of Lot 24, Block 66, said M.G. Ellis Addition, from which a mag nail found bears South 70'18'41" East, a distance of 3.65 feet; THENCE North 15'18'26" West, departing the said north right-of-way line, and along the west line of the said 19 foot alley, a distance of 599.98 feet to a point for corner, being the northeast corner of Lot 13, said Block 66, and being in the south right-of-way line of Northeast 30th Street, a 58 foot right-of-way; THENCE North 89°46'25" East, along the said south right-of-way line, a distance of 19.85 feet to a point for corner, being the northwest corner of Lot 12, said Block 66, from which a 1/2-inch iron rod with "TEXAS SURVEYING INC" cap found bears North 18°25'18" East, a distance of 0.44 feet; THENCE South 15°18'26" East, departing the said south right-of-way line, and along the east line of the said 19 foot alley, a distance of 599.98 feet to a point for corner, being the southwest corner of Lot 1, said Block 66, in the said north right-of-way line of Northeast 29th Street, from which a mag nail found bears North 49°59'41" East, a distance of 0.61 feet; THENCE South 89°46'25" West, along the said north right-of-way line, a distance of 19.85 feet to the POINT OF BEGINNING and containing 11,499 square feet or 0.2640 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes & bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the abandonment tract. /OSHUA D. WARGO REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6391 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-962-2193 RIGHT-OF-WAY ABANDONMENT PORTION OF NORTH COMMERCE STREET AND PORTION OF A 19-FOOT WIDE ALLEY W. GRAY SURVEY, ABSTRACT NO. 635 M. JOBE SURVEY, ABSTRACT NO. 886 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimley*Horn 801 Cherry Street, Unit 11, # 1300Tel. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.com Scale I Drawn by Checked by Date Proiect No. Sheet No. josh.wargo@kimley-horn.com N/A CRG JDW 7/1/2025 061292004 1OF5 WARGO, JOSH 7/11/2025 3 59 PM K:\FTW SURVEY\061292004-STOCKYARDS MIXED USE\DWG\0612920 4-STOCKYARDS MIXED US _ROW ABN NT.DWG LEGAL DESCRIPTION TRACT 2 BEING a 1.3938 acre (60,713 square foot) tract of land situated in the W. Gray Survey, Abstract No. 635 and the M. Jobe Survey, Abstract No. 886, Tarrant County, Texas, and being a portion of North Commerce Street, a 58-foot right-of-way, and being more particularly described as follows: COMMENCING at a railroad spike found for the southwest corner of Block 66, M.G. Ellis Addition, an addition to the City of Fort Worth according to the plat recorded in Volume 63, Page 18 & 19, Plat Records, Tarrant County, Texas, and being in the intersection of the north right-of-way line of Northeast 29th Street, a 58-foot right-of-way, and the east right-of-way line of North Main Street, a 78-foot right-of-way; THENCE North 89°46'25" East, along the said north right-of-way line, a distance of 299.05 feet to the POINT OF BEGINNING, being the southeast corner of Lot 1, said Block 66, from which a 1-1/2 inch iron rod bears South 15'18'46" East, a distance of 0.44 feet; THENCE North 15°18'26" West, departing the said north right-of-way line, and along the west right-of-way line of said North Commerce Street, a distance of 599.98 feet to a point for corner, being the northeast corner of said Block 66, and being in the intersection of the said west right-of-way line and the south right-of-way line of Northeast 30th Street, a 58 foot right-of-way, from which a 1/2-inch iron rod with "TEXAS SURVEYING INC" cap found bears North 37°51'34" East a distance of 0.81 feet; THENCE North 89'46'25" East, a distance of 29.80 feet to a point for corner; THENCE North 15'18'26" West, a distance of 410.10 feet to a point for corner; THENCE South 89'46'25" West, a distance of 29.80 feet to a point for corner, being the southeast corner of Lot 8, Block 83, said M.G. Ellis Addition, and being in the said west right-of-way line of said North Commerce Street; THENCE North 15°18'26" West, along the said west right-of-way line, a distance of 250.02 feet to a point for corner, being the northeast corner of said Block 83, and being in the intersection of the said west right-of-way line and the south right-of-way line of Northeast 31st Street, a 58 foot right-of-way; THENCE North 89°46'25" East, a distance of 59.60 feet to a point for corner, being the southernmost northwest corner of Block 7, Fort Worth Stock Yards Company, an addition to the City of Fort Worth according to the plat recorded in Volume 388-A, Page 111, said Plat Records, from which a 5/8-inch iron rod with "DUNAWAY ASSOC" cap found bears North 21 o40'36" West a distance of 0.44 feet; THENCE South 15°18'26" East, along the east right-of-way line of said North Commerce Street, a distance of 1,260.11 feet to a 1-1/2 inch iron rod found for the southernmost southwest corner of said Block 7, Fort Worth Stock Yards Company, and being in the intersection of the said east right-of-way line and the aforementioned north right-of-way line of Northeast 29th Street; THENCE South 89°46'25" West, along the said north right-of-way line, a distance of 59.60 feet to the POINT OF BEGINNING and containing 60,713 square feet or 1.3938 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes & bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the abandonment tract. _ /JOSHUA D. WARGO- REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6391 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH 817-962-2193 RIGHT-OF-WAY ABANDONMENT PORTION OF NORTH COMMERCE STREET AND PORTION OF A 19-FOOT WIDE ALLEY W. GRAY SURVEY, ABSTRACT NO. 635 M. JOBE SURVEY, ABSTRACT NO. 886 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimley*Horn 801 Cherry Street, Unit 11, # 1300Tel. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.com Scale Drawn by Checked by Date Proiect No. Sheet No. josh.wargo@kimley-horn.com N/A I DC JDW 7/1 /2025 I 061292004 I 2OF5 WARGO, JOSH 7/11/2025 3 59 PM K\FTW SURVEY\061292004-STOCKYARDS MIXED USE\DWG\0612920 4-STOCKYARDS MIXED US _ROW ABN NT.DWG LEGAL DESCRIPTION TRACT 3 BEING a 0.1100 acre (4,792 square foot) tract of land situated in the W. Gray Survey, Abstract No. 635, Tarrant County, Texas, and being a portion of a 19-foot alley dedicated by the plat of M.G. Ellis Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Volume 63, Page 18 & 19, Plat Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a railroad spike found at the southwest corner of of Lot 17, Block 83, said M.G. Ellis Addition, and being in the east right-of-way line of North Main Street, a 78 foot right-of-way, from which a railroad spike found at the northwest corner of Lot 16, said Block 83 bears North 15'18'26" West, a distance of 100.06 feet, and from which a railroad spike found for the southwest corner of Block 66, said M.G. Ellis Addition, and being in the intersection of the said east right-of-way line and the north right-of-way line of Northeast 29th Street, a 58-foot right-of-way, bears South 15'18'26" East, a distance of 1010.08 feet; THENCE North 89'46'25" East, along the south line of said Lot 17, a distance of 139.60 feet to the POINT OF BEGINNING, being the southeast corner of said Lot 17; THENCE North 15'18'26" West, along the west line of the said 19 foot alley, a distance of 250.02 feet to a point for corner, being the northeast corner of Lot 13, said Block 83, and being in the south right-of-way line of Northeast 31st Street, a 58-foot right-of-way; THENCE North 89°46'25" East, along the said south right-of-way line, a distance of 19.85 feet to a point for corner, being the northwest corner of Lot 12, said Block 83; THENCE South 15°18'26" East, departing the said south right-of-way line, and along the east line of the said 19 foot alley, a distance of 250.02 feet to a point for corner, being the southwest corner of Lot 8, said Block 83; THENCE South 89°46'25" West, a distance of 19.85 feet to the POINT OF BEGINNING and containing 4,792 square feet or 0.1100 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes & bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the abandonment tract. /OSHUA D. WARGO REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6391 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-962-2193 RIGHT-OF-WAY ABANDONMENT PORTION OF NORTH COMMERCE STREET AND PORTION OF A 19-FOOT WIDE ALLEY W. GRAY SURVEY, ABSTRACT NO. 635 M. JOBE SURVEY, ABSTRACT NO. 886 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimley*Horn 801 Cherry Street, Unit 11, # 1300Tel. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 w .kinnley-horn.com Scale I Drawn by Checked by Date Project No. Sheet No. josh.wargo@kimley-horn.com N/A DC JDW 7/1 /2025 061292004 3OF5 WARGO, JOSH 7/11/2025 3 59 PM K:\FTW—SURVEY\061292004-STOCKYARDS MIXED USE\DWG\0612920 4-STOCKYARDS MIXED US _ROW ABN NT.DWG MATCH LINE (SEE SHEET 5) NE 30TH STREET NORTH L3 L7 0 50 100 LOT 13 LOT 12 GRAPHIC SCALE IN FEET U1 �� LOT 11 N T G LOT 14 O G) y Z n LOT 15 NBC N LOT 10 N TRACT 2 c� a 0, a � � 1.3938 ACRES L 60,713 SQ. FT. LOT 16 90 � ti LOT 9 � ti (-o2 W. GRAY SURVEY, ABST. NO. 635\ LOT 17 LOT 8 M. JOBE SURVEY, ABST. NO. 886 BLOCK 7 LOT 18 LOT 7 2 FORT WORTH STOCK TRACT 1 YARDS COMPANY 0.2640 ACRES LOT 19 N G LOT 6 O VOL. 388-A, PG. 111 11,499 SQ. FT. _ _ o G) _ LOT 20 W r �0 LOT 5 cr N — LEGEND 01 Q � P.O.C. = POINT OF COMMENCING m LOT 21 Co� go 5A LOT 4 P.O.B. = POINT OF BEGINNING2 IRFC = IRON ROD W/CAP FOUND V , o V + IRF = IRON ROD FOUND CP_ LOT 22 LOT 3 MNF = MAG NAIL FOUND _ — — `" LOT 2 LOT 23 1-1/2" IRF BEARS ('� D 15' 18'46" E - 0.44' A P.O.V. 1 .0.B. LOT \� 1-1/2" IRF TRACT 1 & TRACT 2 LOT 24 _L1_ 139_60' NOTES RR SPIKE MNF BEARS L5 MNF BEARS L13 FOUND S 70'18'41" E - 3.65' N 49'59'41" E - 0.61' Bearing system based on the Texas Coordinate System of NE 29TH STREET P•0•B 1983 (2011 adjustment), North Central Zone (4202). A metes — — & bounds description of even survey date herewith accompanies this survey plat. RIGHT-OF-WAY ABANDONMENT PORTION OF NORTH COMMERCE The undersigned, Registered Professional Land Surveyor, STREET AND hereby certifies that this plat of survey accurately sets out the PORTION OF A 19-FOOT WIDE ALLEY metes and bounds of the abandonment tract. W. GRAY SURVEY, ABSTRACT NO. 635 Az D.GiST M. JOBE SURVEY, ABSTRACT NO. 886 �''� ° '•. CITY OF FORT WORTH /JOSHUA D. WARGO :' '• REGISTERED PROFESSIONAL """""""""""""""' TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6391 JOSHUA D. WARGO 801 CHERRY STREET, �. ,0 6391 ��• Kimley*Horn UNIT 11 SUITE 1300 •'•.h'p ���� 9 FESS��.:' O FORT WORTH, TEXAS 76102 �Ji •, • . G y sot cherry street, unit 11, # 1300 Tel. No. (817) 335-6511 PH. 817-962-2193 D •S U•R v ` Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.com Scale I Drawn by I Checked by I Date Proiect No. I Sheet No. josh.wargo@kimley-horn.com 1"=100' CRG JDW 7/1/2025 061292004 4OF5 WARGO, JOSH 7/11/2025 3 59 PM K\FTW SURVEY\061292004-STOCKYARDS MIXED USE\DWG\0612920 )4-STOCKYARDS MIXED US _ROW ABN NT.DWG NE 31 ST STREET NORTH L17 \ — — LOT 13 0 50 100 \ LOT 14 GRAPHIC SCALE IN FEET TRACT 0.1100 ACRES LOT 15 4,792 SQ. FT. RR SPIKE FOUND \ LOT 16 LOT 17 RR SPIKE FOUND L15 - LOT 18 P.O.C. TRACT 3 _ P.O.B. LOT 12 1 LOT 11 LOT 10 00 LOT 9 LOT 8 L19 LOT 7 - LOT 19 \ LOT 20 m w r, �O _ -13 \ LOT 21 Q co 6' 9 O m LOT 22 10 2 LEGEND 'o — — — m o P.O.C. = POINT OF COMMENCING A I LOT 23 P.O.B. = POINT OF BEGINNING IRFC = IRON ROD W/CAP FOUND — — IRF = IRON ROD FOUND LOT 24 MNF = MAG NAIL FOUND LINE TABLE LINE TABLE NO. BEARING LENGTH NO. BEARING LENGTH 5/8" IRFC "DUNAWAY ASSOC" BEARS N 21 °40'36" W - 0.44' L11 BLOCK 7 FORT WORTH STOCK YARDS COMPANY VOL. 388-A, PG. 111 \L9 LOT 6 \ O� T m0 w r v- O 'n Q co � W LOT 5 LOT 4 N. COMMERCE STREET TRACT 2 1.3938 ACRES 60,713 SQ. FT. Z LOT 3 LOT 2 LOT 1 MATCH LINE (SEE SHEET 4) L1 N89°46'25"E 139.60' L11 N89°46'25"E 59.60' RIGHT-OF-WAY ABANDONMENT L2 N15'18'26"W 599.98' L12 S15°18'26"E 1260.11' PORTION OF NORTH COMMERCE L3 N89°46'25"E 19.85' L13 S89°46'25"W 59.60' STREET AND PORTION OF A 19-FOOT WIDE ALLEY L4 S15°18'26"E 599.98' L14 N15°18'26"W 100.06' W. GRAY SURVEY, ABSTRACT NO. 635 L5 S89°46'25"W 19.85, L15 N89°46'25"E 139.60' M. JOBE SURVEY, ABSTRACT NO. 886 L6 N15'18'26"W 599.98' L16 N15°18'26"W 250.02' CITY OF FORT WORTH L7 N89°46'25"E 29.80' L17 N89°46'25"E 19.85' TARRANT COUNTY, TEXAS L8 N15'18'26"W 410.10' L18 S15°18'26"E 250.02' L9 S89°46'25"W 29.80' L19 S89°46'25"W 19.85' Kimley)))Horn L10 N 15' 1 8'26"W 250.02' 801 Cherry Street, Unit 11, # 1300Tel. No. (817) 335-6511 Fort Worth, Texas 76102 FIRM # 10194040 www.kinnley-horn.com Scale Drawn by Checked by Date Project No. Sheet No. 1" = 100' I CRG JDW 7/1/2025 /61292004 I 5 OF 5 WARGO, JOSH 7/11/2025 3 59 PM K:\FTW—SURVEY\061292004-STOCKYARDS MIXED USE\DWG\0612920 4-STOCKYARDS MIXED US _ROW ABN NT.DWG City of Fort Worth, Texas Mayor and Council Communication DATE: 08/26/25 M&C FILE NUMBER: M&C 25-0769 LOG NAME: 06VA-24-003 NORTH STOCKYARDS VACATIONS SUBJECT (CD 2) Adopt Ordinances Vacating a Portion of N. Commerce Street, a Portion of the Alley in Block 83, and All of the Alley in Block 66 M. G. Ellis Addition, Between NE 29th Street and NE 31st Street, to be Replatted with the Adjoining Property for a Mixed -Use Development RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinances vacating a portion of N. Commerce Street, a portion of the alley in Block 83, and all of the alley in Block 66 M. G. Ellis Addition, between NE 29th Street and NE 31 st Street, to be replatted with the adjoining property for a mixed -use development; and 2. Waive any and all purchase fee value of the vacated land in accordance with City policy. DISCUSSION: Kimley-Horn and Associates, Inc., on behalf of Oldham Goodwin Capital, LLC, has requested a vacation of these street and alley rights -of -way to be replatted with the adjoining property for a mixed -use development. These streets and alleys are paper streets and do not provide connectivity within the development or to any surrounding developments. These rights -of -way are infeasible to construct for access. For example, the 25-foot- wide portion of N. Commerce Street, the eastern half of the road, when vacated will accommodate the construction of the proposed multifamily development on Lot 9. The existing topographic conditions of the multifamily site require extensive retaining walls that were going to encroach into this right-of-way. In coordination with Transportation Development Services the applicant is seeking to abandon this portion of the right-of-way to avoid this encroachment. The City Plan Commission recommended approval of this request at its meeting on June 11, 2025. An acceptable final plat (FP-24-022) has been received in accordance with the Subdivision Ordinance. The City of Fort Worth (City) originally obtained the above -mentioned rights -of -way through plat dedication. The City does not own any fee interest in the rights -of -way or any adjacent property 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 Mayor and Council Communication (M&C) G-15624, staff recommends waiving the purchase price of these rights -of -way. This project is located in COUNCIL DISTRICT 2. 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 Citv Manaaer's Office bv: Jesica McEachern 5804 Oriainatina Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Alexander Parks/Stephen Murray 2638/6226 LaShondra Stringfellow 6214