HomeMy WebLinkAboutOrdinance 16169ORDINANCE NO. 16 � L�
AN ORDINANCE REPEALING ORDINANCE NUMBERS 15810 AND
15996; VACATING AND EXTINGUISHING A 12 -FOOT WIDE BY 207
FOOT LONG ALLEY NORTH OF WEST BERRY STREET LYING
BETWEEN LOTS 1 THROUGH 4 AND LOTS 10 THROUGH 14, BLOCK
13, FOREST PARK ADDITION AS SITUATED IN THE W HUDSON
SURVEY ABSTRACT 717 FORT WORTH, TEXAS, PROVIDING FOR
REVERSION OF FEE IN SAID LAND- PROVIDING THAT THE CITY
SHALL RETAIN ALL EXISTING UTILITIES 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That Ordinance Numbers 15810 and 15996 are hereby repealed.
SECTION 2.
That a 12 foot wide by 207 foot long alley protecting North of West Berry Street and
lying between Lots 1 through 4 and 10 through 14 Block 13 Forest Park Addition, Fort Worth,
Texas, as situated in the W Hudson Survey A 717 and as recorded in Volume 310, Page 49 of
the Plat Records of Tarrant County Texas, containing approximately 2,484 square feet, as more
specifically described in Exhibit A attached hereto and incorporated herein by reference be and
the same is vacated and extinguished.
SECTION 3.
That the fee to the land in the above - described vacated alley is hereby released and shall
revert to the adjacent owner as provided by law
SECTION 4.
All existing utility easements shall be retained by the City until such time all utilities
located in that easement are relocated at the owner's expense.
SECTION 5.
That all ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 6.
The vacation of the above described alley is conditioned on the filing of two perpetual
easements in the Tarrant County Deeds Records in form and content acceptable to the City
providing access to Lot 5 Block 13 and the acceptance by the City of the replat of the property
indicating the location of the two perpetual easements.
SECTION 7
That this ordinance shall take effect on December 30 2004 or upon the acceptance by the
City of the replat of the property whichever occurs f rst. It is the intent of the City to repeal this
ordinance vacating the above - described alley if the replat is not accepted by the City on or before
December 30, 2004
APPROVED AS TO FORM
AND !�GALITY
fy.
Assist t ity Attorney
Adopted. ``b ' C 04
Effective: /')
2
s
EXHIBIT A _ , /
12 -FOOT WIDE ALLEY ,
x
Dunaway Engineers 12 —FOOT WIDE ALLEY
ulY YY C.l Planners
Surveyors SITUATED IN THE
�
Associates, Inc. Landscape Architects W HUDSON SURVEY
ABSTRACT NO 717
CITY OF FORT WORTH
JEFFREY A. PHILSON TARRANT COUNTY TEXAS
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO 4088
NOVEMBER 14 2003 2003219 -00
%__
I I
20' Access Easement J
I I I BLOCK 8
Cabinet B, Slide 85
LOT 1
I ) I N81ZOO, "E
— _ _ _
I I 1 12.00 TCU ADDITION
CABINET A, SLIDE 4481
N8937'56 "E 125.00' \
I I P.R. T C. T
POC BLOCK 13 POB
; w
LOT 5
LOT 14
TO BE VACATED
TO BE VACATED TO
}
TO LOT 5
LOTS 1 -4 & 10 -14
I
S
"I LOT 13
0 0
LOT 4
FOREST PARK ADDITION
VOLUME 310, PAGE 49
P.R. T C. T
r.
0 0
0 0
BLOCK 13
BLOCK 13
LOT 3
I LOT 12
—� �- — 12 Alley
I
Volume 310, Page 49
I (2,'484 SF)
TO BE VACATED TO
LOTS 1 -4 & 10 -14
I
LOT 2
" ''�
' �'��', LOT 11
20 x20 P O.S.E.
I', r S893756 "W
12.00'
LOT 1
f LOT 10
West Berry Street k&`. I q 2
SCALE 1" 40'
(VARIABLE WIDTH
RIGHT -OF -WAY)
Sheet 1 of 2
Dunaway Engineers 12 —FOOT WIDE ALLEY
ulY YY C.l Planners
Surveyors SITUATED IN THE
�
Associates, Inc. Landscape Architects W HUDSON SURVEY
ABSTRACT NO 717
CITY OF FORT WORTH
JEFFREY A. PHILSON TARRANT COUNTY TEXAS
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO 4088
NOVEMBER 14 2003 2003219 -00
EXHIBIT A
12 -FOOT WIDE ALLEY
STA TE OF TEXAS f
COUNTY OF TARRANT
Being a tract of land situated in the W Hudson Survey, Abstract No. 717 in the City
of Fort Worth, Tarrant County, Texas and being part of Block 13, Forest Park Addition
according to the plot recorded in Volume 310, Page 49, Plat Records, Tarrant County,
Texas and being more particularly described as follows:
COMMENCING at the northwest corner of Lot 5, Block 13, said Forest Park Addition,
some being the southwest corner of Lot 1 Block 8, TCU Addition according to the plat
recorded in Cabinet A, Slide 4481 said Plat Records, some also being in the east line
of Greene Avenue (a 50 public right —of —way),
THENCE North 8937'56 East, leaving the east line of said Greene Avenue and with the
south line of said Lot 1 Block 8, a distance of 125.00 feet to the POINT OF BEGINNIG
of the herin described tract,
THENCE North 8937'56 East, continuing with the south line of said Lot 1 Block 8, a
distance of 12.00 feet,
THENCE South 0022'04 East, leaving the south line of said Lot 1 Block 8, a distance
of 20700 feet to a point in the north line of West Berry Street (a variable width
public right —of —way),
THENCE South 893756 West, with the north line of said West Berry Street, a distance
of 12.00 feet,
THENCE North 00'2204 West, leaving the north line of said West Berry Street, a
distance of 20700 feet to the POINT OF BEGINNING and containing 2,484 square feet
or 0.057 acres of land.
Engineers s% D 1i a u y
Planners
Surveyors
Associates, Inc. Landscape Architects
JEFFREY A. PHILSON
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO 4088
NOVEMBER 14 2003
�;�L " K ( -z-e(?-'
Sheet 2 of 2
12 —FOOT WIDE ALLEY
SITUATED IN THE
W HUDSON SURVEY
ABSTRACT NO 717
CITY OF FORT WORTH
TARRANT COUNTY TEXAS
2003219 -00
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 10/12/2004 Ordinance No 16169
DATE Tuesday October 12 2004
LOG NAME. 06BERRYVACEXT REFERENCE NO *PZ 2547
SUBJECT
Adoption of an Ordinance Repealing Ordinance Numbers 15810 and 15996 and Vacating a Portion
of a 12 Foot Wide Alley Projecting North of West Berry and Located between Lots Nos 1 through 4
and Nos 10 through 14 in Block 13 Forest Park Addition
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance repealing Ordinance Nos. 15810 and
15996 vacating a portion of a 12 foot wide alley projecting north of West Berry Street and located between
Lot Nos 1 through 4 and Nos 10 through 14 in Block 13 Forest Park Addition and providing an effective
date of December 30 2004
DISCUSSION
On January 6 2004 the City Council approved M &C PZ 2517 and Ordinance Number 15810 vacating a
portion of of a 12 foot wide alley projecting north of West Berry Street and located between Lot Nos. 1
through 4 and Nos 10 through 14 in Block 13 Forest Park Addition at the request of the owners of the
adjacent surrounding land to the alley Texas Christian University and the Phoenix Property Company from
Dallas, Texas in order to unify the surrounding property for a mixed -use mid -rise residential building
The vacation of the alley was conditioned on the filing of two perpetual easements in the Tarrant County
Deed Records and the acceptance by the City of the replat of the property indicating the location of the two
easements. The replat of the adjacent property incorporating the alley was to be received and accepted
by the City and recorded by May 28 2004
At the request of the owners on June 8 2004 the City Council approved M &C PZ 2530 and Ordinance
Number 15996 extending the time to October 1 2004 to file the replat.
In order for the replat to be accepted by the City and filed with Tarrant County the applicant must execute
the required Community Facilties Agreement (CFA) Since there are still financial items under negotiation
between the City and the owners that affect the CFA, the owners are requesting an extension of time until
December 30 2004 to allow additional time for the CFA to be completed and the final plat recorded This
will not affect current active or pending building permits on this property
Adoption of the attached ordinance will repeal the two previous ordinances and provide an effective date of
December 30 2004 or upon the acceptance by the City of the replat of the property whichever occurs
first.
This request is located in COUNCIL DISTRICT 9
FISCAL INFORMATION /CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
T,ouname 06RFRRYVACFXT PaaP I of
TO Fund /Account/Centers
FROM Fund /Account/Centers
Submitted for City Manager's Office b Dale Fisseler (Acting) (6266)
Originating Department Head. Bob Riley (8901)
Additional Information Contact: Sarah Fullenwider (7619)
Losname 06BERRYVACFXT Pnap,) nf