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Ordinance 18578-04-2009
ORDINANCE NO 18578-04-2009 AN ORDINANCE VACATING AND EXTINGUISHING A PORTION OF WEST LANCASTER AVENUE, SITUATED IN THE J M C LYNCH SURVEY ABSTRACT NUMBER 955, CITY OF FORT WORTH, TARRANT COUNTY TEXAS AS RECORDED IN VOLUME 1346, PAGE 126 OF THE DEED RECORDS OF TARRANT 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 West Lancaster Avenue, situated in the JMC Lynch Survey Abstract Number 955 in the City of Fort Worth, Tarrant County Texas as recorded in Volume 1346 Page 126 of the Deed Records of Tarrant County Texas, and containing approximately 3,986 square feet or 0 091 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 nght of way is hereby released and shall revert to the adjacent owner as provided by law SECTION 3. All existing utility easement be shall be retained by the City until such time all utilities located m 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 That all ordinances or parts of ordinances in conflict herewith are hereby repealed.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. That this ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY Assistant City Attorney Adopted Apnl 28, 2009 Effechve• Apn128, 2009 2 ORDINANCE NO 18578-04-2009 ,~11 ,~ ~ .~- ,.~ ~ :~ ,, ~t a ~' ... ~ ~ :1 1 ~'- p ~. ri~ 't~ ~~i~~ ~S~}~~~~ `O C:AIT l.l~' ~~7 T~`.1' ,~~ P{?INT ~}F BEGINPIlNG n~ S 87 (3:092 A ` N 89~a~~'f~8"' W is ~ ~ ~ ~ `~~ ~ ~ ~ i t ~ ~ E~ a~ ~~r°r~re.k ~, ~~~: ~ . ~ t ~.R C, ( ~ ~ Cclbin Rt ~tJc~~ ~~ t ~ a~. t.~'~ ~~~, ~t ~, ~ r c. r ~~~~~"„w,w• ~~ ~ ~ I ~t=tr~.~ ~crerwt~nt ~o~. ._.~;{ ~ ~'r~ t~~ ~~~ra~~r~~~ AB~~T ~ ~f~ ~~ ~. ~ ~~B~~rer ~~~ Right--of-N%ay t!orres ~.....k.. ~_.~ ~'L_ L~~ .~ ~Podc r~ 7 ~~ 5Q' 4 50' 1 6RAi?HfG ~GA~E 1N F£ET ''ice ~ C~~~~~~ ,Cp, ru~rirrac c &u~e- too FartYt ~t 7~1t~y Teis flt 7.8915•t T2t k 8t T 88~-747 ~C~~ Vaca~.~an Exhibit fcir 0 1 ~9 Acre Trac_~. in X07 Addition I~~Y~YIII YYYYYY~IIIIYY®Y~®IMII ~'i'`IBIT A r-, ~...~ PRt1PeRT`t t7ESC~TfPTfON ~Aftc~aL t3£tNG tract of fend aituateQ M the J M' C Lynch Survey, Abstrott fi1a 955, City of 6ari 4Ygarth, Tarrant County, t'exaa, being partixsn of -West Lanaaster Avenue {a variable width right-of-way} nil being part of that oertae+ treat of land descried by cued to the lrity of F rt Werth, ardecf Volume 1.948, Page 126, deed Recarde, Tarrant County Texas, aid tract of .land tiding mare partlcuiarly desced by metes and' bounds fellows; BEpNN1NG c# the aauthwe®t csxner of Lat 1 Mack 7A, Sfl7 Atfditiar-, addition to the City of frxt Worth, riling to tFee pint riled in Cabinet A, Sftde 9821, Pict Records,. 7nrrant Go~mty. Texa3,. hrsing ai the lntersesctlars of the east right-af-way lines afi Poch Stree# {a BD' width lght of-~woy} rid the earth right-of-way i~ar of 41+e~st f,ori~aater Avenue (ri v+~riabia width right-of-way}; TIiENC£ South 87'5$"53` East, departing the cast right-af-way Itt)e of aid Fade Sireek> wi#h the Werth lght-of-way line. of old West. Lnnccster Avcr+ua and with the south line of said Lat 1. Stock 7A. SC7 Addition. distance of 251.83 tee4 tie past far e--er~trt~t arner af' aid. Lat 1, Black. 7A. S07 Addttfcn; „~ TFIFIdCE South 01"47'38` West> ntinuing wifh the north Nght-af'-way line of r~iet N+ecet Lanct~st~ Avenue ~d with a west lino of aid Let 1 Black 7sA, s07 Addlttan, distance of B 50 feet 'ta paint; THENCE South t3?"05'24 West, departing the Werth rl~tt-of~wcy lino of said bleat Lancaster Av~snue nd• deporting tfto west lino of aid LaE 1 Block 7A, S07 Addition, dlatartce of .'146 71 feet to point; TtfENCE Werth 89'02'0?3" tweet, diigtonce of 105:04 feet to the P0lNT (~ BEG1niN1NG nil cantcining cofcul®ted ac of 3<!98ti square feet 4 491 of land WdTE: The basis of bearing$ far th1r1 Yaaatian is the plat for 5127 Addition, gddltlon to #+e Gity of Far# Wtartlt; c4arding to the plot r~orded he Cabinet A, Silcfs $82t, Plat Roceuda; Tarrant County.. Texas. i txf~ r~~ t:~dal s ~~ f"cr11 Wbe~ ~X 7bitn TeM; tit 7-~frt ! 21 i $t 7.836=T437 Il~~p I~I11~1~ 5teph R Glaaup Registenres! Prafeaasiariol t.xmd Sufvo Texas Regiatratian hie. 5570 i)ate; ,ior+uvey 6; 2009 RAGk" 2 4F ~ R! ~H %~ ~ ~r ~ ~~ { u~;anav A ~c~R~c~N p4 QF~,..~y~rr ,v~y~r ~}r crn of ~a~T ~~ JCl9 'W0. 21:2116202°-0f F~~T ~~Tx VA-08-036 ~~ ORDINANCE NO 18578-04-2009 VICINITY MAP 7TA.,ST Fr rj ~ F;H ~ ~Op~O t N ~ G~ ~~ ~.. w.,rd. ~_...._~ ~Q~ER~ 4 S~ ~ ... N ' " J,1 ro ' C~ ~ 3 ~ CROCKETT ST ~ G a .. ~ a O .~ ~~4°r ~ '~ 3~ x ~ 4 ~~ W ~ ~ ~ 3 m ~~' f !'"~ ~.._~ y P~~_~_.„ Soy J Subject r ~" oo. BI~EDSOE S7~- ~ SEUM WAY t C:, ~~ °' ea -~ MIRO CT A a , i~'~ m N W E 1 4~ ~~ CRESTLINE-RD ~ :RIVER DR J~ ~~ 4~ 4P ~~ 44' ~O .~i_i_F.._..:._._.. 400 200 0 400 Feet City of Fort Worth, Texas Mayor and Council Communication COUNCIL,;ACT1©N; Approved on 4/28/2009 -Ord. No. 18578-04-2009 DATE Tuesday April 28 2009 LOG NAME 060065030 VA-08-036 REFERENCE NO ''PZ 2822 SUBJECT Adopt an Ordinance Vacating 0 092 Acre of Excess Right-of Way Along West Lancaster Avenue East of Foch Street RECOMMENDATION It is recommended that the City Council authorize the City Manager to adopt an ordinance vacating 0 092 acre of excess right-of-way along West Lancaster Avenue east of Foch Street. DISCUSSION Dunaway and Associates LP on behalf of Foch Parking LLC has requested the vacation of the above referenced right-of-way in order to plat it into the adjoining property The vacation of this right-of-way will allow the applicant to better accommodate parking on their property without encroaching into the public right-of-way The City Plan Commission recommended approval of this request at its meeting on December 19 2008 An acceptable final plat (FS-08-236) 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 above mentioned property was dedicated to the City of Fort Worth by separate instrument. The City holds fee simple title to the property to be vacated City Policy states If the City holds fee simple title to the property to be vacated fair market value as established through an independent appraisal shall be charged unless an exchange for other commensurate right-of-way occurs The portion of West Lancaster Avenue to be vacated has been appraised at a value of $13 000 00 based on a land area of 3 986 square feet. This amounts to an appraised value of $3 26 per square foot. The Transportation and Public Works Department is requiring right-of-way dedication along Foch Street of 843 square feet from the property owner The City has received $10 251 00 from the developer which is the difference between the appraised value of the vacated property and the newly dedicated right-of-way This land is located in COUNCIL DISTRICT 9 FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that the Transportation and Public Works Department is responsible for collection of these revenues FUND CENTERS Logname• 060065030 VA-08-036 Page 1 of 2 TO Fund/Account/Centers P119 444533 0209900 CERTIFICATIONS Submitted for City Manager's Office Originating Department Head. Additional Information Contact: FROM Fund/Account/Centers $10,251.00 Fernando Costa (6122) Susan Alanis (8180) Alex Parks (2638) Logname• 060065030 VA-08-036 Page 2 of 2