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HomeMy WebLinkAboutOrdinance 3101 P OIRDT_NANCF No. AN ORDINANCE PROVIDING THAT 'THE 'TEN FOOT ALLEY LYING BET'i,E,EN LOTS 12 2 AND 3 OF BLOCK 8 AND LOT 4 OF FLOCK 8, BYERS-McCART ADDITIODi TO TiIE CITY OF FORT WORTH,, TARRAN`:C COUNTY, TEaS, BE ABANDONED, VACATED ^21D CLOSED; AND FROVIDING FOP, TEF, REVERSION OF THE E FEE TO SAID LAND. 1,EREAS, it appearing to the City Council of the City of Fort T-,Torth that the ten foot alley lying between Lots 1, 2, 3 and 4 of Block 8, Byers- MIcCart Addition to the City of Fort ?forth, Tarrant County, Texas, has never been used by the public and that it is to the best interest of the public that said alley be closed, abandoned and vacated as a public thoroughfare and the fee to the land in said alley revert as provided by law.: NOW, THERE- FORE, BE IT ORDAIDI D BY Illy CI`T'Y COtjNCT.L OF T1IE CITY OF F0 T ,0RTH, TEXAS: SECTION 1. That the alley ten feet in width lying between Lots 1, 2 and 3 on the south and Lot 4 on the north, all in Block 8, Byers-DWTcCart Addition to the City of Fort Worth, Tarrmnt County, Texas, be and the same is hereby vacated, closed and permanently abandoned as an alley or public thoroughfare of any bind or character whatever. SECTION 2, ghat the fee to the land in said alley above described is hereby re- leased and will .revert to the owners as provided by law, save and except that an easement is reserved to enlarge; maintain, repair curl operate the sanitary sewer line now existing in said alley. SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. , ECTIODt That this ordinance shall tape effect and be in full force -and effect from and after the date of its passage. APPROVISD AS TO FORci. I - . Ci�,y Attorney i J�a - J � • m e m Pht Of NORTH I Bow e 5�7ee� --- - zS .16 24 is ----?- a3 z �3 u°, d i .21 =� 3 2-Z —--- J ' a.0 y zo Alley to w !� be closed — -- -- ' .� � ,. spoc el�hfs 17 Rema i n-i ng A] IQ-Y in Lot 8 q rp —_ 14 �eY�`� O 11�-�t SAS-146 13 �rva ; CA a B� s 9 is to Is l U ACa1tJ PeQ-- j' . Scale: SOUTH RATF104 -TITLE COMPANY PAam No._�_ F. EDGAR DEEN, MAYOR COUNCILMEN COUNCILMEN T. L.CARLETON JOE S. ELLIS M. M. McK NIGHT EDD KANE MRS._ 5PURLOCK THOMAS A. McCANN - �'q� -F^ ARLTON o _ J D."BUDDIE"THOMPSON LiitH LA I G[ x' � W.O.JONES,CITY MANAGER JUL 3.. - PUBLIC WORKS DEPARTMENT � I C. M. THELIN, DIRECTOR July 1953 I Mr® W. 0. Jones Re: Closing of a 10-foot Alley in City Manager Block 8, Byers-McCart Addition. Building Dear Sir: Attached is a letter dated June 23, 1953, signed by Mr. M. Ward Bailey, Attorney, representing the owners of Lots 1,20, and. 4 of Block 8, Byers-McCart Addition who are requesting the closing of a 10-foot alley lying -between Lots 1,2 and 3 of Block 8, and Lot 4-of Block 8, Byers- McCart Addition, We have checked this request and find that the alley has not been opened to vehicular -traffic, however, there is a sanitary sewer line for- the full length of this alley. - Also attached is a letter from Mr. R. E. Cox, Jr., stating that they are planning on building an addition to the present R. E. Cox and Company Berry Street Store Building and that this addition will extend south over the alley. I1r. Cox also states that he understands that there is a sanitary sewer line in this alley and that he agrees to reimburse the City for the entire cost of replacing this line with a cast iron sewer line. Mr. R. U. Andrews, Sanitary Sewer Engineer, states that this is agreeable. Mr. Uel Stephens, Director, Water Department, states that he has no objections to the closing. There is a location plat attached. This plat also shows that there is an existing alley running north and south the full length of this block. We see no reason why the alley in question should not be closed as _requested. Our recommendation is that the 10-foot alley lying and being between Lots 1,20, and 4 of Block 8, Bye rs_McC art ,Addition be closed as requested- wit4".- the understanding that the owners will be responsible for any cost of re- aligning or relaying with cast iron_ line the existing -sanitary sewer that is now in this alley. Yours very IEN:hs C. M. THE L N Attachs. PUBLIC WORKS DIRECTOR cc e Mr. R. U. Andrews, Sanitary Sewer Engineer Mr. Uel Stephens, Director of Water Department c � P ' Original - .City Mgr. Duplicate - Retained by Dept. CITY OF FORT WORTH Office of the City Manager 'Date June 29 0 1953 MEMORANDUM TO yx® 0. M. Thelin, Director of Public Works FROM W. 0. Jones, City Manager SUBJECT p®tition R®questing Closing of Alley Betveen Lots 1, 2, 3 and 4. Byers and Mc Cart Addition W o c Reply requested- NOT LATER THAN TUESDAY, JULY 7th, 1953 Concur with Mr. Uel Stephens®_Dire Water Department before replying. Number of attachments 2 Attacbmftts=to be roturned: Yes g No Instructions or action requested: Report and Reeommenclation. cc - Mr. Uel Stephensp Director Water Department REPORT Date / FROM TO If. 0.• Jones, City Manager Dear Sir: The following is submitted in reply to the above .subjec�t. LAW OFFICER CHRISTOPHER & BAILEY a, FORT WORTH 2,TEXAS It TJB. CHRISTOPHER June 23 1953 CONTINENTAL LIFE BUILDING 5,3 WARD BAILEY , FANNIN 23BG .4 . Mr . W. 0. Jones , City Manager City of Fort Worth City Hall Fort Worth , Texas Dear Sir: Transmitted herewith is a petition to close the alley between Lots 1 , 2 and 3 and Lot 4 of Byers and McCart Addition to the City of Fort Worth , Texas . Said alley has never been used as a public way and the purpose of closing the same is to permit Berry Street Realty` Company, to owner of the improvements on the said Lots 1 , 2 and 3, to extend their store through the alley and to construction proposed on Lots 4 and 5 to permit the enlargement of the R . E . Cox and Company Suburban Store , You will note that there is an alley running north and south from Berry Street to Devitt Street and this should be. sufficient t-o take care of all of the needs of the property owners in said block and the present alley on the south of Lots 1 , 2 and 3 if of no public value whatsoever . Attached hereto is the petition of the property owners in duplicate showing fully a plat of the premises and the alley desired to be closed and the consent of the adjoining property owners for the closing thereof. We will appreciate expeditious handling of this matter and to facilitate such expeditious handling we have prepared and are submitting herewith a form of ordinance to be passed by the Council . With kindest personal regards, I remain Very truly yours , ECR I STOPHER & BAIL BY: M. Ward Bailey \ _ MVdB/mr encl Mf �a go G a I77 iiI7 F '�2f � ���I77i7e7afatY'SR� aqa; F O,R T WORTH 1, TEXAS _.d R. E. COX, PRESIDENT • V• M. COX, VICE—PRESIDENT • R.A. COX, VICE—PRES. 3 TREAS. •'R. E. COX, JR., VICE—PRES. i SEC•Y June 23, 1953 Pair. W.O. Jones, City Manager City of Fort Worth Fort Worth, Texas Dear Mr. Jones: Please consider this letter as our request that the existing 10-foot alley, which runs East and West between tha south property line of lots 1-2-3, Block S, Byers and McCart Addition, and the North property line of lot 4, Block g, Byers and McCart Addition, be closed. It is my understanding that this request is in keeping with the past policy of the City, under similar cir- cumstances. As we have lots 1-2-3 under a 50 year lease, and as we own in fee simple lots 4-5-6, and as this alley is not needed due to the fact that a 16-foot alley runs North and South in the middle of the block, we believe that this request should be granted. We are planning on building an addition to the present R.E.Cox & Company- Berry Street store building. This addition will extend South of the present building,and it will be over the alley and it will include lots 4 and 5. It is our understanding that a city sewer line is. under this alley, and we do hereby agree to reimburse the City for the entire cost of replacing the present sewer line with a castkiron sewer line. Attached is a plat showing the alley, in red, that we want closed, and the existing service alley is in blue. i Yours very truly BERRY TRMT7REALTY COMPANY R.E. ox j RECJr:1 Vice P ed' ent R. E. C D X 6 C O., F 13 R T W 13 R T H R. E. C D X DRY D D D D S CO., W A C D, S T E P H E N V I L L E A N D M A.R L I N, T E X A 5 • Department Memorandum July 2 _1953 Re: Closing of Alley Block 8 - Byers & McCart Addition Mr. W. O. Jones City Manager Building Dear Mr. Jones: A copy of your mimeographed memorandum of June 29 addressed to Mr. Thelin, Director of Public Works, in regard to the petition requesting the closing of an alley between Lots 1, 2, 3., and 4, Block 8, Byers and McCart Addition, has been received in this office. An investigation of our records reveals that we do not have any water facilities located in this_ particular section and therefore do not offer any objection to the closing thereof. Yours very truly, .r UEL STEPHENS, �Direc.tor Water Department US:mgv cc Mr. C. M. Thelin Director of Public Works May 16, 1953 Berry Stree"I Realty Company Fort Worth, Texas Re -, Closing alley in rear of Lots 1 , 2 and 3, Block 8 Byers & McCart Addition to the city of Fort Worth Tarrant CountyO the property under lease to, Berry, Street Realty Company Gentlemen: This letter will serve to give our consent to close the alley in . therear of and adjacent on the South of lots 1 , 2 ,a,nd 3 Block 8 of Byers & Mc' Cart Addition to the city of Fort Worth Tarrant County Texas, which property is under lease to the Berry Street Realty Company, as per lease dated Dec . 30, 1950, and recorded in Volume 2297, page 293 Deed Records of Tarrant County Texas, said lease being originally made to R . E . Cox and R. E . Cox, Jr. as Lessee (and then 'transferred to Berry Street Realty Company ) WE, Annie hi. Campbell and George H. Campbell being the Lessors, hereby acknowledge that -said lease covers and includes to the middle of the said alleyway adjacent to the above described lots that is said lease covers the -North .1/2 of said Alley adjoining said lots on the South, 'and when sa_iUaTIey is closed by virtue of said lease you will have the use of said N 1/2 of said alley as. part of the ]eased premises. Very truly yours, Tnnie M. CarripbeTI George Q Caffpb 611. TO THE HONORABLE CITY COUNCIL, CITY OF FORT WORTH PETITION FOR AN ORDINANCE PERMANENTLY CLOSING AND ABANDONING A CERTAIN ALLEY COMES NOW Berry Street Realty Company , a corporation , owner of the building and premises occupied by R . E . Cox and Company Suburban Store at 2517:_11est Berry Street, Fort Worth , Texas and would respectfully show; I . Berry Street Realty Company occupies under a long term lease the follokving described property, to-wit: Lots 1 , 2 and 3 Block 8, Byers and McCart Addition to the City of Fort Worth , Tarrant County, Texas, said property being owned by Annie M. Campbell . Further , the said Berry Street Realty Company owns under proper conveyance Lots 4, 5 and 6, Block 8, Byers and McCart Addition to the City of Fort Worth , Tarrant County, Texas . II . Said Berry Street Realty Company desires to extend the present building located on the said Lots 1 , 2 and 3 to and through the alley adjoining the said Lots 1 , 2 and 3 on the south and Lot 4 on the north of the said Block 8, Byers and McCart Addition and construct permanent improvements thereon in connection with perma- nent improvements on said Lot 4 and 5 . I11 . • That the said alley is not necessary for ingress and egress to the said property, there being a sixteen ( 16 ) foot alley along the said Block 8 sufficient to take care of the needs of the property owners therein and said alley creates a traffic hazard . -1 - ,8 IV. Your Petitioner, Berry Street Realty Company, joined herein by Annie M. Campbell and husband, George H . Campbell , says that the above mentioned alley should be permanently closed and abandoned and title thereto should revert to abutting land owners , namely Annie M. Campbell and Berry Street Realty Company, and further your Petitioner says that the closing of the alley would permit the establishment of substantial and valuable improvements for business purposes on the adjoining property to that now occupied by R . E . Cox and Company Suburban Store and that is necessary in constructing the additional improvements on Lot 4 and 5 to make the existing buildings contiguous to the proposed improvements on the said Lots 4 and 5 . Attached hereto is a plat of the said Block 8 showing in red the alley which is hereby requested to be closed and abandoned . WHEREFORE, PREMISES CONSIDERED , Berry Street Realty Company joined herein by Annie M. Campbell and husband, George Ha Campbell , respectfully petition the City Council of the City of Fort Worth that the said alley above mentioned be closed . BERRY STREET REALTY COMPANY ANNIE M. CAMPBELL AND HUSBAND, GEORGE H . CAMPBELL d BY CHRISTOPHER & BAILEY, Their attorneys_ . August 3, 1953 City of Fort Worth City Hall Fort Worth, Texas Gentlemen: We are informed that the City Council of the City of Fort Worth has in- structed the Legal Department to prepare an ordinance closing a ten foot alley lying between Lots 1, 2 a:nd 3 of Block 8 and Lot 4 of Block 8, all in Byers-McCart Addition to the City of Fort Worth, with the understand- ing that the owners will be responsible for the complete cost of re- aligning or relaying with cast iron pipe the sanitary sewer line that is now in this alley. Berry Street Realty Company is the owner of this property. This letter shall serve as evidence of the agreement by Berry Street Realty Company that in consideration of the passage by the City Council of the City of Fort Worth of the above-mentioned ordinance, Berry Street Realty Company binds and obligates itself, immediately when requested to do so by the City of Fort Worth, to pay to the City of Fort Worth the entire cost of replacing the sewer line now in the aforesaid alley with a cast iron sewer line. Further, ibis hereby acknowledged that arrangements will be made to replace said sewer line as hereinabove stated prior to the time that any permit is issued by the City of Fort Worth to build any structure on, over or across any portion of the aforesaid alley. Very truly yours, BERRY STREET REALTY COMPANY BY I, W. E. Hagerty (assistant)Secretary of Berry Street Realty Company, do hereby certify that R, B. Cox is the President of said Berry Street Realty Company, a corporation, and that he is duly authorized under the by-laws of said corporation to execute the foregoing agreement in t e name of and as the act and deed of Berry Street Realty Company. August 39 1953 Mr. 14. Ward Bailey c/o Christopher & Bailey Attorneys at La-,v Contineiecal Life. Building Fort Worth, Teas Dear Ward: I am enclosing, herewith, letter to be sio_ ied by Berry Street Realty Company* If you can get thie back to uo by 4030 Tuesday afternoon., we will try to get the ordinance down to the Council so that the same can be adopted Wednesday. The extra copies of the aforesaid letter enclosed herewith are for your files and the files of Berry Street Realty Company. Very trully yoiws, DEPARUMIT OF UW Enc. cc: Mr. I. E. Nowlin Depirtment of Public Vlorhr, Building LAW OFFICES CHRISTOPHER & BAILEY FORT WORTH 2,TEXAS I T.S. CHRISTOPHER CONTINENTAL LIFE BUILDIN13 M.WARD BAILEY FANNIN 2356 July 6, 1953 Mr . E . S . Birdsong City Secretary City Hall Fort Worth, Texas Dear Sir : Sometime ago I forwarded you a petition to close an alley between Lots 1 , 2, 3, and 4, Byers and McCart Addition to the City of Fort Worth, and in my letter advised that I was furnishing forms of the Ordinance to be passed by the City . I was mistaken about enclosing the forms, and I 'am enclosing an original and two copies herewith if they are acceptable . Please advise when this matter has been com= pleted, and furnish us two copies of the ordinance . Very truly yours, 1--" I STOPHER & BAILEY By: M. WARD BAILEY MWB : lnd Encl . Ordinance ( in trip )