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HomeMy WebLinkAboutOrdinance 1604 �h NO. 0 44 CITY COU*JL IN SESSION ON THIS THE DAY OF JULY, A.D. 1929 1 WHEREAS, on September 22, 1906, a certain 2 Ordinance known as Ordinance No. 762, was passed by the govern- 3 ing body of the City of Fort Worth,and which Ordinance is 4 recorded in Book E. at page 358, Ordinances of the City of 5 Fort Worth, by virtue of which Ordinance above referred to 6 a portion of Jones Street and a certain unnamed street 7 claimed by the City of Fort Worth was closed and vacated 8 and it was ordained that such Streets should no longer be 9 held or deemed to be public Streets or highways. 10 WHEREAS, the unnamed street above mentioned 11 was supposed to be located just north of the North line of � a 12 Block Fifty-six of Farmer% Subdivision of Tucker's Addition W F- M 13 to the City of Fort Worth, Tarrant County, Texas, and ex- 2 _m _ N 14 tending from the intersection of the East end of said street z o ; uai < o 15 with the West line of Jones Street to a point where a Line W aJ°. 0 16 extended North to the middle of Block Forty-four of Tucker's a 17 addition and parallel with Jones Street would intersect and 18 cross said unnamed street. 19 WHEREAS, the City of Fort Worth, through its 20 governing body, also passed an Ordinance known as Ordinance 21 No. 771, and recorded in Book H. page 70 of the Ordinances 22 of the City of Fort Worth, and which Ordinance closed and 23 vacated a blind alley which was not used by the public and 24 was of no value to the public, and which blind alley was in 25 said Ordinance described as follows: Beginning at the 26 Northeast corner of Lot 19 of Farmer's Subdivision of Block 56, 27 Tucker's Addition to the City of Fort Worth; thence North 28 10 feet to the South line of the property of the Missouri: 29 Kansas & Texas Railway Company of Texas; thence West along 30 said South boundary line of the Railway property a distance 31 of about 75 feet; thence South to the north boundary line 32 of Lot 19 of Tucker's Addition above/referred to; thence 1 East along the North boundary line of said Lot 19 of Farmer's 2 Gubdivision of Block 56, Tucker's Addition, to the place of 3 beginning. 4 WHEREAS, on May 189 1927, the governing body 5 of the City of Fort Worth also passed an ordinance known 6 as Ordinance No. 1250 and recorded in Book H. page 579, 7 Ordinances of the City of Fort Worth, by virtue of which 8 Ordinance a certain alley running north and south in 9 Block 10 of Daggett 's Second Addition to the City of Fort 10 Worth, Texas Was closed, abandoned and permanently vacated J 11 as an alley or public thoroughfare of any character or 3 a 12 kind whatsoever. a , CU ° x 13 WHEREAS, the unnamed streetr blind alley as W f z = ° ' ' 14 well as the alley running north and south, as above re- n p o Z c ; a = F- �? wa 15 ferrel to, each and all must of necessity have been lo- Y W J = a° 0 16 cated in Block 10 of Daggett 's Second Addition to the 17 City of Fort Worth, Tarrant County, Texas, and on account 18 of the abandonment and nonuser of the same as alleys, 19 streets or public thoroughfares, have ceased to be and 20 exist as such streets, alleys or public thoroughfares, 21 and certain improvements have been erected on a portion 22 of the property above mentioned and referred to, but on 23 account of indefinite description, a cloud exists upon the title t-o 24 property hereinafter described, although it is evident that 25 such property was intended to be closed and vacated by the 26 ordinances hereinabove mentioned and referred to. 27 NOW THEREFORE, BE IT ORDAINED AND RESOLVED 28 by the City Counsel of the City of Fort Worth in due meeting 29 assembled, that the property hereinafter described be closed, 30 vacated and permanently abandoned as an alley, street or 31 public thoroughfare of any kind or character whatsoever, 32 and that the proper Officers of the City of Fort Worth be, -a- 1 and they are duly authorized and empowered to execute a deed 2 to the adjoining property owners, quit-claiming unto said 3 property owners any right, title or interest in and to the 4 blind alley or unnamed street so vacated and closed, and 5 which property is described as follows, to-wit: 6 That portion of a blind alley or unnamed street alleged to have been located in Block 7 Ten (10) of Daggett 's Second Addition to the City of Fort Worth, Tarrant County, Texas, 8 and lying immediately North of Lot Nineteen (19) of Farmer's Subdivision of Block Fifty- 9 six (56), Tucker's Addition to the City of Fort Worth, Texas. 10 11 CITY OF FORT WORTH 12 w .r APP ED AS TO FORM $y ~ 0 .1 13 x w . N u ° 14 GITYATTORNEY � Z o ; _ ' o N < 0 15 u W S Zo 16 ATTEST: ,City Minager 17 CITY SECRETARY 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -3- T a APPLICATION. 1 TO THE CITY COUNCIL OF THE CITY OF FORT WORTH; FORT WORTH, TEXAS: 2 GENTLEMEN: 3 4 Now comes Shaw Bros. Ice & Fuel Company, a corporation, 5 and with respect would represent and show unto your Honorable 6 Council as follows, to-wit: 7 1. 8 That on September 22nd, 1908, a certain Ordinance, 9 known as Ordinance No. 76, was passed by the governing body lO of the City of Fort worth, and which Ordinance is recorded in 11 Book E, page 358, Ordinances of the City of Fort Worth. By a J 12 virtue of the Ordinance above referred to a portion of Jones W ° x 13 Street, and a certain unnamed street, claimed by the City of dcS W f i F N 2 S � 14 Fort Worth to exist and be in use, were closed and vacated, n 15 and it was ordained that such streets should no longer be held Y W 0 16 or deemed to be public streets or highways. The unnamed street 17 was supposed to be located just North of the -North line of 18 Block No. 56, Tucker's Addition to the City of Fort Worth, 19extending from the intersection of the East end of said Street 20 with the West line of Jones Street West to a point where a line 21 extended North through the middle of Block 44 of Tucker' s 22 Addition and parallel with Jones Street would intersect and 23 cross said unnamed street. 24 2. 25' The City of Fort Worth also passed an Ordinance known 26 as Ordinance No. 771, and recorded in Book H, page 70, of the 27 Ordinances of the City of Fort Worth. This Ordinance closed 28 and vacated a blind alley which was not used for the public, 29 and was of no value to the public. This alley so closed is 30 described as follows: Beginning at the Northeast corner of 31 Lot 19, of Farmer's Sub-division of Block 56, Tucker's Addition 32 to the City of Fort North, Tarrant County., - Texas; Thence North -1- 1 10 feet to the South line of the property of the Missouri, 2 Kansas & Texas Railway Company of Texas; Thence West along said South boundary line of the property of the Missouri, Kansas 4 Texas Railway Company of Texas a distance of about 75 feet; 5 Thence South to the North boundary line of said Lot 19' of 6 Farmer 's Sub-division of Block 56, Tucker's Addition; Thence 7 East along said North boundary line of said Block 56, Tucker's 8 Addition, to the place of beginning. In compliance with this g Ordinance so closing said alley, and by virtue of the authority 10 granted therein, a deed to such strip of land above described 11 was executed by the City of Fort Worth to Shaw Bros. Ice & Fuel J 4 W 12 Company, a corporation, for valuable consideration paid. J � a � rc 13 3. � F � a � OM 14 On May 18th, 1927, the governing body of the City of Z Q3 N m4 15 Fort Worth passed an Ordinance known as Ordinance No. 1250, and Y W ao 16 recorded in Book H,page 579, Ordinances of the City of Fort r 4 17 Worth. By virtue of this Ordinance a certain alley running 18 North and South in Block 10 of Daggett ' s Second Addition to the 19 City of Fort Worth, Tarrant County, Texas, was closed, abandoned 20 and permanently vacated as an alley or public thoroughfare of 21 any kind or character. 22 4. 23 The unnamed street or blind alley above referred to, 24 if in fact the same ever did exist , must of necessity have been 25 located upon a portion of Lot 8, of Block 10, of Daggett ' s 26 Second Addition to the City of Fort Worth, Tarrant County, Texas. 27 Te have had prepared an abstract covering Lot 8 above mentioned 28 and described, and such abstract does not disclose that the 29 City of Fort Worth ever acquired title to any portion of Lot 8 30 in said Block. 31 5. 32 The recitals contained in the Ordinance above referred -2- -3- Ask 1 to wherein an unnamed street is mentioned by virtue of the 2 reference to such unnamed street crcates and casts a cloud 3 upon a portion of Lot 8, in Block 10, of Daggett 's Second 4 Addition, and as your petitioners own a portion of said Lot, 5 and have erected valuable improvements thereon, your petitioners 6 now respectfully request this Honorable Council to pass an 7 Ordinance removing the cloud cast upon the title to such 8 property, and definitely closing and vacating the following 9 described property, to-wit: that portion of a blind alley 10 or unnamed street alleged to have been located in Block 10 of 11 Da.ggett 's Second Addition to the City of Fort Worth, Tarrant W 12 County, Texas, lying immediately North of Lot 19 of Farme res W0J 13 Sub-division of Block 56, Tucker's Addition to the City of W F o = X 14 Fort Worth, Tarrant County, Texas. G a Z ; 3 n 4 15 WHEREFORE, your petitioners pray that an Ordinance 0 da le closing said blind alley or unnamed streets insofar as it 17 affects the property hereinabove mentioned described, be duly 18 passed and spread upon the Ordinances of the City of Fort Worth, 19 and that the proper officers of the City of Fort Worth be to the adjoining property owners 20 authorized and empowered to execute a deed/quit-claimirg any 21 right, title or interest in and to the blind alley or unnamed 22 street so vacated and closed, whereby the cloud cast upon the 23 title to the property of your petitioners may be removed. 24 SHAW BROS. ICE & FUEL COMPANY, 251 By POLK, SANSOM & TERRELL, 26 27 Their Attorneys. 28 29 30 31 GWP-g J 6-20-29 32 -3-