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Ordinance 21235-05-2014
ORDINANCE NO. 21235-05-2014 AN ORDINANCE VACATING AND EXTINGUISHING PORTION OF EAST 2 NI STREET, SITUATED IN LOTS I AND 2, BLOCK 39 AND LOTS 2, 3, AND 4, BLOCK 43, ORIGINAL TOWN OF FORT WORTH, AN UNRECORDED SUBDIVISION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AS RECORDED IN THE DEED RECORDS OF TARRANT COUNTY, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; THE RETAINMENT OF 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 East 2nd Street, a variable width right-of-way, situated Lots I and 2, Block 39 and Lots 2,3 and 4, Block 43, Original Town of Fort Worth, an unrecorded subdivision to the City of Fort Worth, Tarrant County, Texas as recorded in the Deed Records of Tarrant County, Texas, and containing respectively approximately 0.201 and 0.267 acres of land more or less, and as more specifically described in Exhibits "A","B" and "C" attached hereto and incorporated herein by reference be and the same is vacated and extinguished. SECTION 2. That the fee to the lands in the above-described vacated alleys and streets are hereby released and shall revert to the adjacent owner as provided by law. SECTION 3. That 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. East 2nd Street Vacation Ordinance No. 21235-05-2014 Page I 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 That all ordinances or parts of ordinances in conflict herewith are hereby repealed.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: ft i Assistant City Attorney Mary Kays, Lip° y Sec ary Adopted and Effective: May 13, 2014 East 2nd Street Vacation Ordinance No.21235-05-2014 Page 2 of 2 Exhibit PROPERTY DESCRIPTION R.O.W.VACATION PARCEL 1 0.201 of an acre of land being the remainder of Lot I and Lot 2,Block 39,Original Town of Fort Worth,an unrecorded subdivision to the City of Fort Worth,Tarrant County,Texas as conveyed to the City of Fort Worth by deed recorded in Volume 6163, Page 908, Deed Records of Tan-ant County,Texas,said 0.201 of an acre of land being more particularly described by metes and bounds as follows-, BEGINNING at the most westerly corner of the aforementioned Lot 2,Block 39 at the intersection of the northeast R.O.W.line of Calhoun Street with the southeast R.O.W. line of East 2nd Street projected to the intersection with Calhoun Street; THENCE N 60 Degrees 00 Minutes 00 Seconds E, along the northwesterly line of said Block 39, a distance of 142,31 feet to the beginning of a curve to the right with a radius of 547.00 feet and whose long chord bears 8 89 Degrees 08 Minutes 38 Seconds E,63.09 feet; THENCE Easterly along said curve,through a central angle of d6 Degrees 36 Minutes 42 Seconds, an are distance of 63.12 feet to a 5/8"iron rod found at the end of said curve; THENCE N 15 Degrees 00 Minutes 00 Seconds F,a distance of 5.00 feet to a 518"iron rod found in the northeast line of said Block 39; THENCE S 30 Degrees 00 Minutes 00 Seconds E,along the northeasterly line of said Block 39,a distance of 77.99 feet THENCE N 82 Degrees 59 Mirvates 09 Seconds W,a distance of 20,43 feet to the beginning of a curve to the left with a radius of 489.00 feet and whose long chord bears S 85 Degrees 15 Minutes 44 Seconds W, 199.19 feet; THENCE Westerly along said curve,through a central angle of 23 Degrees 30 Minutes 13 Seconds, an arc distance of 200.59 feet to the end of said curve; THENCE S 15 Degrees 00 Minutes 00 Seconds W, a distance of 5.01 feet to the northeasterly R.O.W.line of Calhoun Street; THENCE N 30 Degrees 00 Minutes 00 Seconds W,along said R.O.W.line,a distance of 13.05 feet to the PLACE OF BEGINNING and containing 8,741 square feet or 0.201 of'an acre of land, F NOW lore- .......... ........... Exhibit "B" PROPERTY DESCRIPTION R,O.W.VACATION PARCEL 0,267 of an acre o£land being aportion of Lots 2,3 and 4,Block 43,Original Town of Fort Worth, anunrecorded subdivision to the City of Fort Worth,Tarrant County,Texas,and also being aportion of Tract I and all of Tract 2 conveyed to Fine Line Diversified Realty, Inc. and Downtown Diversified Realty,Inc.as recorded in Volume 15486,Page 385,Deed Records of Tarrant County, Texas, said 0.267 of an acre of land bring more particularly described by metes and bounds as follows: BEGINNING at the most easterly comer of the aforementioned Block 43 at the intersection of the southwesterly R.O.W.line of Grove Street and the northwesterly R.O.W. line of East 3rd Street; THENCE S 60 Degrees 00 Minutes 00 Seconds W,along the southeasterly line of said Block 43, a distance of 89.74 feet to the beginning of a curve to the right with a radius of 547.00 feet and whose long chord bears N 89 Degrees 02 Minutes 41 Seconds W, 114.04 feet; THENCE Westerly along said curve,through a central angle of 11 Degrees 58 Minutes 01 Seconds, an are distance,of 114,25 feet to the end of said curve; THENCE 83 Degrees 03 Minutes 40 Seconds W,adistanco of 15.59 feet to the southwesterly line of said Block 43 in the northeasterly line of Jones Street-, THENCE N 30 Degrees 00 Minutes 00 Seconds W,along the southwesterly line of said Block 43, a distance of 72.57 feet; THENCE 9 83 Degrees 03 Minutes 40 Seconds E, a distance of 59.20 feet to the beginning of a curve to the left with a radius of 489.00 feet and whose long chord bears N 86 Degrees 51 Minutes 37 Seconds E, 171.15 feet; THENCE Easterly along said curve,through acentral angle of 20 Degrees 09 Minutes 26 Seconds, an are distance of 172.04 feet to the end of said curve in the northeasterly line of said Block 43, THENCE S 30 Degrees 00 Minutes 00 Seconds E, a distance of 27.69 feet to the PLACE OF BEGINNING and containing 11,649 square feet or 0,267 of an acre of land. 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Approved on 5/13/2014 - Ordinance No. 21235-05-2014 DATE: Tuesday, May 13, 2014 REFERENCE NO.: w"PZ-3053 LOG NAME: 060065030 VA-13-012 SUBJECT: Adopt Ordinance Vacating a Portion of East 2nd Street to Sundance Square Partners to be Replatted with the Adjoining Property for New Parking Lots and Authorize the Execution of Conveyance Documents (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended by the City Plan Commission that the City Council adopt the attached ordinance vacating a portion of East 2nd Street to Sundance Square Partners to be replatted with the adjoining property for new parking lots and authorize the execution and recording of the appropriate instruments conveying the property. DISCUSSION: Evolving Texas, on behalf of Sundance Square Partners, has requested the vacation of this portion of street right-of-way to replat it with the adjoining property for new parking lots. The applicant is rededicating a portion of East 2nd Street to return this area to the grid pattern rather than the curvilinear street that exists today. The City Plan Commission recommended approval of this request at its meeting on February 26, 2014. An acceptable final plat (FS-012-071) has been received in accordance with the Subdivision Ordinance. A portion of the right-of-way is owned in fee simple by the applicant according to the deed recorded in Volume 15486, Page 385, Deed Records Tarrant County Texas (DRTCT). The other portion is owned in fee simple by the City of Fort Worth according to the deed recorded in Volume 6163, Page 908 DRTCT. Since the City owns a portion of the right-of-way being vacated, the applicant must either perform an appraisal to assess fair market value or dedicate commensurate right-of-way. The applicant is dedicating a portion of East 2nd Street, but it is not commensurate in the amount of land; therefore an appraisal was required. The appraisal showed the applicant must pay an additional $39,000.00 for the right-of-way. Transportation and Public Works/Right-of-Way and Easements has confirmed receipt of payment. This project is located in COUNCIL DISTRICT 9, Mapsco 63W. FISCAL INFORMATION / CERTIFICATION: 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 Logname: 060065030 VA-13-012 Page 1 of CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Alexander Parks (2638) Logname: 060065030 VA-13-012 Page 2 of 2