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HomeMy WebLinkAboutOrdinance 15320r~ ~~"'~` ATTACHMENT A ORDINANCE NO. ~ ~~~v AN ORDINANCE VACATING AND EXTINGUISHING A PORTION OF THE 400 BLOCK OF EAST FOURTH STREET, LOCATED IN THE M. BAUGH SURVEY, ABSTRACT NO. 106, FORT WORTH, TEXAS; PROVIDING FOR REVERSION OF FEE IN SAID LAND; 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 the 400 block. of East Fourth Street located in the M Baugh Survey, Abstract No 106, Fort Worth, Texas, as recorded in Cabinet B, Slide 1270, Plat Records, Tarrant County, Texas, and as more specifically described in Exhibit A attached hereto and incorporated herein by reference be and the same are vacated and extinguished SECTION 2. That the fee to the land in the above described vacated street right-of--way is hereby released and shall revert to the adjacent owner as provided by law SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed SECTION 4. That this ordinance shall take effect on December 4, 2002 ~' ~'~ t a APPROV D AS TO FORM AND LEGALITY: Assistant ity Attorney Ado ted and Effective ~ ~ ~ ~ d ~ p .. ~1~'3;.'^'W.~..--A,.:. "474 ^~+T'" NrJMBE'R DIRECTION DISTANCE L5~ o N.~~0'00 00 E 60 00 L6 N30'00 00 W 60 00 t_ 7 N 60'00 00 E 1 1 S 48 I L9 S60'00 00 W 93 X16 -1' ~ 10 S09 35 59 E 6~ 0~ TO R W MCKI THAN MAY 20 1980 ~ DRTCT I =o 3 O r boo N boo om~ mv'~o N za oz ~~ -' O \ ~~- ~~ s/a° cAPaED IRON SE T ~~ \/C~ ~~ `VV V~~~ .( \ O 8R CKf R OF eU~L07NC ~Q,S BLOCK 37 J JONE$ SllBDI VISION OF rHE ORIGINAL TOWN OF FORT WORTH 6 259 SQUARE FEET / 48 9 ` \~ 5/8~ CAPPED l IRON SET I ~~/ fpm S ro GULF COLORADO & SANTA FE RAILWAY COMPANY VOLUME x PAGE 27a D R T C T S D ~~ yJ` v Gti-p~,S,<^i o O vO~F. p t"O o ~" P C MARK Y .(~ SET `Q \ F~ ~PS~ ~~ 0 0 -~~~ ti 9 7' QQ~ S ~ Lp ~ - 30 3 ~0~`~F' \~o / r r Ja p p ~ Z '- a ~ U P z ,a l.- Z N 0 zO Q ~ N ~ 0. asox p 3 w p4 ~ ~ ~Op O ~ J PLACE OF SEGiNNiNG o O ~z ACCOMPANYING DESCRIPTION J ~ 4 ~ U t7 PLACE OF COMMENCING ACCOMPANYING DESCRIPTION TO PRINTING CENTER OF TEXAS. INC. VOLUME 7065. PACE 1842 DRTCT l0T 6 BLOCK 9t ORIGINAL TOWN OF FORT WOR Tti LOT S LOT 2R ' BLOCK 89R ORIGINAL TOWN OF FORT WORTH ~ CABINET B SLIDE 1270 Sketch showing ports of Eost Fourth Street being Paris of the ,II P R T C T M BAUGH SURVEY Abstroct No 106 sttuoteo In the C ty of fort ~; Worth Torront County Texos We marked the corners os shown hereon The hosts for beorings Is the south line of Block 89R of the Origlnol Town of Fort Worth per plot coil THIS SURVEY 4AS PREPARED VITHOUT rH- Surveyed on the ground April and Mdy 2002 BENEFIT OF A i(7LE REPORT THERE M BROOKES BAKER SURVEYORS HATTERS THAT AFFECT THIS TRACT T EXHIBIT ARE NOr SHOWN HEREON. ~ BROOKES BAKER SURVEYORS aD D qD t~~~ BROOKES BAKER 9UILDING ~ ~ 3 ~ ~ FORT OrRBHU TEXAS 76102 CR,R„,C SCKC (8t 7)335- 7151 F _~ NanE 1~pON02~OTBB9LIRpvG iR ~ st~.tJ' ~ ,. ~. DON W HICKEY RPLS LSLS ALAN W HICKEY RPLS GAREY W GILLEY RPLS LSLS CONSULTANT June 6, 2002 Pagelofl Field notes for~- ESTABLISHED 1880 BROOKESBAKERSURVEYORS A PROFESSIONAL CORPORATION TITLE AND TOPOGRAPHIC SURVEYING BROOKES BAKER BUILDING Sit Easl Blue Street 817 335-71St Faz 817 332-4665 hakersur(~fasgane.net Fon Worth Texas 76102 2200 Granbury OBlce 930 Hickey Coun Granbury Texas 76049 817 279-0232 Fax 817 279-9694 BROOKES BAKER (1902 1955) JOHN F BAKER (t 924 t 985) S J BAKER (i927 1999) FRED M MORRIS (1920 tgggy A portion of the M BAUGH SURVEY, Abstract No 106 situated in the City of Fort Worth, Tarrant County Texas being a portion of East Fourth Street north of Block 91 of the ORiG[NAL TOWN OF FORT WORTH, and east of the east line of Terry Street and described by metes and bounds as follows Commencing at the corner of a Brick Buridtn©r the northeast comer of Lot 2R Block 89R of the ORIGINAL TOWN OF FORT WORTH, addrtron to the Crty of Fort Worth according tc the plat thereof recorded rn Cabinet B, Slide 1270 of the Plat Records of Tarrant County Texas and run north 60 degrees-00 minutes-00 seconds east 60 feet to a S18" capped iron set for the northwest comer of said Block 91 for the southwest and begini~in~ corner of the Tract being described Thence north 30 degrees-00 mrnutes-00 seconds west, crossing sard East Fourth Streei, 60 feet to a Sf8" capped iron set for the intersection of the north line of sard East Fourth Street and the east line of Teny Street. Thence north 60 degrees-00 mrnutes-00 seconds east, along the north line of said East Fourth Street, 1 15-48! 100 feet to a mark "Y" set 50 feet east of and at right angle to the centerline of the Gulf, Colorado & Santa Fe Railway Thence south 09 degrees-35 minutes-59 seconds east, 64-O1 / 100 feet to a 5/8" capped iron set rn the south Irne of said East Fourth Street and in the north line of sard Block 91 Thence south 60 degrees-00 mrnutes-00 seconds west along the south fine of said East Fourth Street and the north line of sard Block 91 a distance of 93-16/100 feet to the place of beginning and containing 6,259 square feet or 0-143/1000 of an acre The basis for bearings is the south line of sard Block 89R per plat call Surveyed on the ground April and May, 2002 BROOKES BAKER SURVEYORS Don W Hickey City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 10/29/02 C-19326 80VACATE 1 of 2 SUBJECT AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE- TEXAS DEPARTMENT OF TRANSPORTATION AND BURLINGTON NORTHERN SANTA FE RAILROAD TO VACATE PORTIONS OF TERRY STREET AND EAST FOURTH STREET, CLOSING THE RAILROAD CROSSING RECOMMENDATION It is recommended that the City Council 1 Authorize the City Manager to enter into an agreement with the Texas Department of Transportation (TxDOT) and Burlington Northern Santa Fe Railroad (BNSF) to close the railroad crossing on East Fourth Street to vehicular and pedestrian traffic in which TxDOT would pay the City up to $7,500 for the necessary improvements for the closure, and 2 Authorize the City Manager to enter into a Real Estate Donation Contract with BNSF fora 0276 acre tract on the corner of Elm Street and East Fourth Street to be donated to the Gity as dedicated park land, and 3 Authorize the City Manager to accept a $32,500 donation from BNSF in consideration of the closure of the railroad crossing to be used for the installation of a fence along 500 feet of the railroad tracks, park design and development, and closure of the railroad crossing, and 4 Adopt the attached ordinance (Attachment A) vacating a portion of the 400 block of East Fourth Street located in the M Baugh Survey, Abstract No 106, as recorded in Cabinet B, Slide 1270, Plat Records, Tarrant County, Texas, and 5 Adopt the attached ordinance (Attachment B) vacating a portion of the 500 block of Terry Street, east of Lot 2R, Block 89 of the Original Town of Fort Worth and part of the M Baugh Survey, Abstract No 106, as recorded in. Cabinet B, Slide 1270, Plat Records, Tarrant County, Texas, and 6 Adopt the attached appropriation ordinance (Attachment C) increasing the estimated receipts and appropriations in the Parks and Community Services Improvements Fund in the amount of $40,000 from available funds DISCUSSION City staff has been negotiating a contract with TxDOT and BNSF for the closure of the railroad crossing in the 400 block of East Fourth Street to vehicular and pedestrian traffic (map of location is Attachment D) The closure will promote safety by eliminating a railroad crossing In order to accomplish the closure, an agreement with the following terms has been proposed TxDOT will compensate the City in the amount of $7,500 for the necessary improvements to complete the closure, and J~ 4 City of Fort T~orth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 10/29/02 C-19326 80VACATE 2 of 2 SUBJECT AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION AND BURLINGTON NORTHERN SANTA FE RAILROAD TO VACATE PORTIONS OF TERRY STREET AND EAST FOURTH STREET, CLOSING THE RAILROAD CROSSING • The City will vacate a portion of East Fourth Street and Terry Street so the railroad closure will be permanent. The request to close a portion of the 400 block of East Fourth Street and the 500 block of Terry Street was recommended for approval by the City Plan Commission on March 27, 2002. Reviewing City departments and utility companies have no objection to this request. An acceptable replat, when received, will reflect any utility easements that need to be retained to accommodate existing utilities and related facilities. Tindall Properties, Ltd (Tindall) paid all survey costs required for the vacation In consideration of funds and services donated to the City by BNSF and Tindall, the vacated right-of-way will revert to the abutting property owners BNSF and Tindall (Attachment A and B), and • BNSF will donate a 0277 acre tract on the east side of the tracks to the City to be dedicated as park land, and • BNSF will donate $32,500 to the City in consideration of the closure of the railroad crossing to be used for the installation of a fence along 500 feet of railroad tracks, park design and development, and closure of the railroad crossing This property is located in COUNCIL DISTRICT 9 FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that upon adoption of the attached appropriation ordinance and completion of the above recommendations, funds will be available in the current capital budget, as appropriated, of the Parks and Community Services Improvements Fund The Parks and Community Services Department and the Transportation and Public Works Department will be responsible for the collection and deposit of funds due to the City under this agreement. JP k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by• (to) 6) C188 488100 080188300110 $32,500 00 Joe Paniagua 6140 6) C188 488100 020188300110 $ 7,500.00 Originating Department Head: 6) C188 541200 080188300110 $32,500 00 6) C188 541200 020188300110 $ 7,500 00 Richard Zavala 5704 (from) APPROVED 11!05!02 ORD.#'S 15320, 15321, AND 15322 Additional Information Contact: Cynthia Garcia 7611