HomeMy WebLinkAboutOrdinance 18958-12-2009ORDINANCE NO 18958-12-2009
AN ORDINANCE VACATING AND EXTINGUISHING AN ALLEY
LOCATED IN THE J.N ELLIS SURVEY ADJACENT TO LOT 6 OF THE
C.T HODGE ADDITION AND LOT 1, BLOCK 2 OF THE J T
BLANCHARD SUBDIVISION IN THE CITY OF FORT WORTH AND AN
ALLEY LOCATED IN THE J.N ELLIS SURVEY ADJACENT TO LOTS
1 AND 2 OF THE J T BLANCHARD SUBDIVISION IN THE CITY OF
FORT WORTH AS RECORDED IN VOLUME 203, PAGE 606 OF 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 the following alley located in the J.N Ellis Survey adjacent to Lot 6 of the C T
Hodge Addition and Lot 1 Block 2 of the J T Blanchard Subdivision m the City of Fort Worth
and an alley located in the J.N Ellis Survey adjacent to Lots 1 and 2 of the J T Blanchard
Subdivision as recorded in Volume 203 Page 606 of the Deed Records of Tarrant County
Texas, and as more specifically described in Exhibits A, `B `C" and `D" 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 alleys is 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 utihhes
located in that easement are relocated at the owner's expense.
1
SECTION 4.
That all ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5.
This ordinance will take effect on the date that an agreement signed by both the City and
Hunter DG Hemphill, LP or an affiliate that guarantees construction of the facade is on file m the
City Secretary's Office; provided, however that if an agreement is not on file m the City
Secretary's Office by January 15 2010 the Crty Council s action under Mayor and Council
Communication PZ 2859 will be null and void and this ordinance shall not take effect.
APPROVED AS TO FORM AND LEGALITY
Assistant City Attorney
Adopted. December 8, 2009
Effective• ~ C..(~~C~ ~u lp 'L'O t ~
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ORDINANCE NO 18958-12-2009 EXHIBIT
ALLEY VACATION
BEING parcel tract of land ituated the J.N. Ellis Survey the City of Fort Worth, T nt County
T nd being more particularly described follows:
BEGINNING at the PK it found for the Northeasterly of Lot 1 Block 2 of the J.T Blanchard
Subdivision of 6-3/8 Acres, rding to the plat thereof rded Volume 106, Po9e 137 Plot Records,
T nt County T id point also being the Westerly line of Hemphill Street (80 fight of-way of
this point);
THENCE South 89'39'05 West, departing the Westerly line of id Hemphill Street nd following the Northerly
line of id Lot 1 Block 2 distonce of 216.52 feet to -half mch od ith ap found for
of the Northwesterly of 17' Public Alley described Volume 203, Po9e 606 Deed Records, Torront
County T i point also being the Easterly line of the A.T & S.F Roilroad 100' fight-of-way};
THENCE North 30'37'27" Eost, deporting the Northerly line of id 17' Public Alley nd following the Easterly
line of id AT & S.F Roilroad tract, distonce of 18.83 feet to one ch od found for
id point being the Southwesterly of the emainder of Lot 6 of the C.T Hodge Addition, rding to
the plot thereof rded Volume 204 Poge 64 Plot Records. T nt County T as;
THENCE North 89'39'05 Eost, deporting the Easterly line of id A.T & S.F Roilroad tract, nd following
the Southerly line of id Lot 6, distance of 206.63 feet to point for the Westerly line of
id Hemphill Street;
THENCE South 01'02'18" Eost, departing the Southerly line of id Lot 6 nd following the Westerly line of
id Hemphill Street, distance of 16.15 feet to the POINT OF BEGINNING nd ntaining 3,416 Square F et
0.078 of Iond, more less.
Bearings based T State Plane Coordinates, T North Central Zone 4202
EXHIBIT
g o F rF ALLEY VACATION
~'~ P~~is egF~4s BEING 3,416 SQ. FT
0
078 ACRES
.* .
,DAVID F McCULUW ~~ IN THE J.N. ELUS SURVEY
CITY OF FORT WORTH
.0 4023 ~ ' TARRANT COUNTY TEXAS
4.9~Ff SCiO?d:(~Q MARCH 2009
` SUA~` COTTON SURVEYING
COMPANY
3030 Lt3J F ewo Suite 910
03-18-09 Douos, T xo 7 ~4
Phone: (~72~ 4 -0440
Fox: (972) 488-3882
385 egs/dfm EET
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SCALE. 1 = 40' EXHIBIT
ORDINANC~ NO 18958-12 2009 ALLEY VACATION
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EXHIBIT
ALLEY VACATION
BEING 3,418 SQ. FT
0.078 ACRES
IN THE J.N. ELLIS SURVEY
CITY OF FORT WORTH
TARRANT COUNTY TEXAS
MARCH 2009
COTTON SURVEYING
COMPANY
3030 L8J Freewa Suite 9 0
Dallas, Texq 7524
Phone: (974 488 0440
Fox: (972) 488-3882
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ORDINANCE NO 18958-12 2009 EXHIBIT
ALLEY VACATION
BEING parcel troci of land ituated the J.N. Ellis Survey, the City of Fort Worth, T nt County,
T being part of that tract of land described to the public by deed rded Volume 203, Page 606,
Deed Records, T nt County T nd being more particularly described follows:
BEGINNING at five-eighths ch od found for at the Northwesterly of Lot SR1 Block 2 of
the Blanchard Addition, rdinq to the plot thereof rded Cabinet B, Stide 147, Plat Records, Torront
County T id point also being the Easterly line of the A.T & 5.F Railroad (100 fight-of ay ,
id amt also being the Westerly line of Lot 3, Block 2 of the ~ggfinal J.T Blanchard Subdivision of
6-3~8 Acres, rdmg to the plot thereof rded Volume 106, f~age 137 Plot Records, T nt County
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THENCE North 30'37'27" East, departing the Northerly line of id Lot 5R1 Block 2 nd following the Easterly
line of id A.T & S.F Railroad nd the Westerly line of id iginal J.T Blanchard Subdivision,
distance of 136.22 feet to -half ch on od found for id point being the Northwesterly
of Lot 1 Block 2 of id iginal J.T Blanchard Subdivision, id point also bemq the Southerly
line of Alley
THENCE North 89'39'05 Easi, following the Southerly line of id Alley nd the Northerly line of id Lot 1
Block 2 of id iginal J.T Blanchard Subdivision, distance of 19.83 feet to point for
THENCE South 30'37'27" West, departing the Southerly line of aid Alley nd the Northerly line of id Lot 1
Block 2 of id iginal J.T Blanchard Subdivision, distance of 136.22 feet to point for the
Northerly Tine of id Lot 5R1 Block 2;
THENCE South 89'37'52" West, following the Northerly line of id Lot SR1 Block 2 distance of 19.83 feet to
the POINT OF BEGINNING nd ntaining 2,316 Square Feei 0 053 of land, more less.
Bearings based T State Plane Coordinates, T North Central Zone 4202.
EXHIBIT
APSE o F rF+
~,;PEG~TfgF•,gs ALLEY VACATION
BEING 2,316 SQ. FT
~' `~ ° ~,1r 0.053 ACRES
~
F IN THE J.N. ELLIS SURVEY
DAVID
McCULLAH
~ CITY OF FORT WORTH
q 4023 ~ ' TARRANT COUNTY, TEXAS
4w.9~FFSSIQ~:p~OQ MARCH 2009
v SURV~ COMOANY URVEYING
DD3530 LBiJ fre wgo Suite 9 0
03-18-09 I~hlone': (~ 2~ ~$~~ 0440
F (97772) 488-3882
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SCALE. 1 = 40
ORDINANCE NO 18958-~2-2009
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EXHIBIT
ALLEY VACATION
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T. 0 GE ADDITION
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EXHIBIT
ALLEY VACATION
BEING 2,316 SQ. FT
0.053 ACRES
IN THE J.N. ELLIS SURVEY
CITY OF FORT WORTH
TARRANT COUNTY TEXAS
MARCH 2009
COTTON SURVEYING
~OMPANY
p030 LB[.I F ewa Suite 9 0
phone': (972 48~~ 0440
F (9772) 488-3882
-007 egs/tlfm
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.,,~._~_,_ ORDINANCE NO 18958-12-2009 VICINITY MAP
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION.. A'ppr'oved ~A§`Amended on 12/8/2009 Ord No 18958-12-2009
~;,_~ ... _ Amendment is'Higllighted in'Yellow _ :.
DATE Tuesday December 08 2009 REFERENCE NO PZ 2859
LOG NAME 060065030 VA-09-012 2
SUBJECT
Adopt an Ordinance Vacating an Alley 17 Feet Wide by 136 Feet Long Adjacent to Lot 1 Lot 2 and a
Portion of Lot 3 Block 2 J T Blanchard Subdivision and an Alley 16 Feet Wide by 216 Feet Long
Adjacent to Lot 6 C T Hodge Addition and Lot 1 Block 2 J T Blanchard Addition Near the Intersection of
Hemphill Street and Page Avenue
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to
1 Adopt an ordinance vacating an alley 17 feet wide by 136 feet long adjacent to Lot 1 Lot 2 and a
portion of Lot 3 Block 2 J T Blanchard Subdivision and an alley 16 feet wide by 216 feet long adjacent
to Lot 6 C T Hodge Addition and Lot 1 Block 2, J T Blanchard Addition in the City of Fort Worth Texas,
and
2 Waive any and all purchase fee value of the vacated land in accordance with City policy (M&C G-
15624)
H
~r Equity LLC and Hunter DG Hemphill LP D~
will_receive_a_refund_of_the eligible NEZ Funds
ect on which the
DISCUSSION
On September 1 2009 the City Council approved Ordinance No 18780 (M&C-PZ 2835) authorizing the
vacation of the above referenced alleys provided that an agreement between Hunter Equity LLC or its
affiliates and the City be executed and on file in the City Secretary's Office by October 1 2009 The
ordinance vacating the alleys became null and void upon the failure by the parties to file an agreement
with the City Secretary's Office by the specified date
Jones and Carter on behalf of Hunter Equity LLC has renewed the request for the vacation of the above
referenced alleys in order to replat with the adjoining properties to build a new Dollar Store The City Plan
Commission recommended approval of this request at its meeting on April 22, 2009 An acceptable replat
(FS-09-067) has been received Any existing utilities will be relocated at the applicant's expense or
retained within a designated easement, along with an appropriate plat note that no permanent structures
may be constructed or placed thereon
The City of Fort Worth (City) originally obtained the above mentioned alleys through the platting process.
The city~does not own land under or adjacent to the above referenced right-of-way Since no city funds
have been expended to purchase property or easement rights, collection of the fee value or any portion
thereof is recommended by staff to be waived
Logname 060065030 VA-09-012 2 Page 1 of 2
This land is located in COUNCIL DISTRICT 9
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
CERTIFICATIONS
Submitted for City Manager's Office
Originating Department Head
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (6122)
Susan Alanis (8180)
Alex Parks (2638)
Logname 060065030 VA-09-012 2
Page 2 of 2