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Ordinance 15321
ORDINANCE NO. ~ ~'~~'~, AN ORDINANCE VACATING AND EXTINGUISHING A PORTION OF THE 500 BLOCK OF TERRY STREET, LOCATED IN M. BAUGH SURVEY, ABSTRACT NO. 106; 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 500 Block of Terry Street located in the M Baugh Survey, Abstract No 106, as recorded in Cabinet B, Slide 1270, Plat Records, Tarrant County, Texas, and as more specifically described in Exhibits A and B 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 That all ordinances or parts of ordinances in conflict herewith are hereby repealed SECTION 4.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. •~ N.~1. APPROVED S TO FORM AND LEGALITY• Assi nt C' Attorney Ado ted and Effective ~` I ~ 0 ~ N ., o ~~ ~- BLOCK S~ .'ON_S SUBDwrS+ON )j ~n \\ /\1 ~~] PEACE Or BEGrNr~ihG _. /`ACCOMPANYING OE7G'~"~i Ov ~~~~~ ~~ S ~~~ RA'E R ~~ BRICK BUOOrNC ~P 2 _....___._.___ _~_...J S p0 ~ ti ~ S~94 C" O ~2 ~ ( NUMBER UIREC TION X22 N60 00 00 E L27 ~ N6U0000 E 2.8 t S30 00 00 E _ _ _ L 29 SO~r 37 59 ~ _..__ _ _ L 30 N 3t) 00 00 w _._ _. _ _... 1_...__ ___~. _ ~~ ~ ~ ~ ' ~ c ~ ~f 9 ~e ZO ~~~~-p `S'0 ~~or -r- G ~ ~- - ~ O -p ~ Z c"~ ~\ vZ ~ PEACE OE COMMErvC+NG ~ ~ l' ACCOMPANYING OESCRfP TION ~ N ~~ ~~ OR+C+NAt- TOWN OF FORT WOR Tr7 CAeINE T 8 SL+DE ~ 270 P R T C T - \ \ L LOT 2R \` ~~~ f3t_OC+~ 89R ~~ ~° 1 V ` ~~02 i h~ >,9 5ketcn Snpw(ng wort o+ Terry Street foy(ng east of lof 2R of Bock 89 of the tOR1GfNA LTOwN OF FORE WORTt-{ and bung port of the M BAUGN SURVEY AbstrOCl NO 106 s tooted ~n the : rly of For; Wortn 4 TprrOnt County texas Ip1 We marked the corners os SnoWn i1 he-eon j` ne boss for beor~ngs s ;ne south i+ne o+ Biock 89R o+ the O++g(noi Town o+ Fort woftn per o)ot co++ Su{veyed on the ground AprJ and May 200? BROOKES E3AKE R SURVEYORS ~ ; EXHIBIT i1,1. ~ '~ a ~ n ., 4LJ B QQ a.r...C SC ~~( ~- ~-~ Ilr NAMC I \OCINO2\(JIBB9Lla UVG OOR^ifR OF BRrGK gUrEOrNC ~~~P~ P~~ ~ S~ I)IS f.ANCE 30 00 30 00 11 52 26 86 20 ~330j ro PRINTING CENICR Or iExA$ rNG vOEUtnE ~ 6S vAGE rga ORT r ~_ 0 T S O '~ U ~ r r (../ Q ~o~ ~ a ~ U C~ Z ~ Q ~zN Q Z~~' 4 ~ J,zo-' ~y ~ x O ~ u-' ~ a ~~ ~~O O ap r `s J l ~~ 2~0 Q~~ S ^'1 (.. `~ ~~ v~ Q u ~` _~ Y O ''~ (.~ V = '_ .- I 0~~~ mQ~a v `'~ m~ z ~ 7 Ba00KES BAKER 5vavEYOas BROOKES BAKER 8U0.~~NC Sri E/+5r BLUFF ;Oat wORtr+ rEx~S '5~Ot {8+J)555-~+5 Y' ,l ESTABUSHEO t880 BROOKES BAKER SURVEYORS OON W HICKEY RPLS LSLS A PROFESSIONAL CORPORATION ©ROOKES BAKER (tg02 7955) ALAN W HICKEY RVL.S ~Tlil[ ANO TOPOGRAPHIC SUR VEVING JOHN f BAKER it924 1985) GAREY W GILLEY RPLS LSLS {3ROOKES BAKER BUILOtNG Slt East f31ut1 Street S J BAKER (1927 1999) CONSULTANT 817 335 7t5t Fax 817 332 4665 FRED M MORRI$ I 1920 19991 baxersur~lasuane net Fon wonh Tesas T6t02 2200 Granbu'y Ortice May 17 2002 430 wcxey Goun Grdnburv TnKas )6049 Page 1 of ( 817279-0232 Far 8t) 279 9694 1-teld notes far A port,an of thr M BAUGH SURVEY abstract No 106 s,tuatcd ul the C lty of 1-art Wor[h Tarrant (.ounry Texas be,ng a portion of Terry Street situated between Block 89R of the OR1G(NAL TOWN OF FORT WORTH according to the plat thereof recorded ,n Cab)net B Sl,de (270 of the Plat Records of 7 arrant County Texas and Block 91 of the OR1GiNALTOWN OF FORT WORTH and Eying south of East Fourth Street and described by metes and bounds as follows C ommencing at the comer of a back bui(d,ng for the northeast corner of said Slack 89R at the ,ntersection of the south hne of said East Fourth Street and the west hne oC said Terry Street and run north 60 degrees 00 minutes 00 seconds east, 30 feet to the northwest and beginning comer of the Tract being descnbed Thence north 60 degrees 00 minutes-00 seconds east 30-00!100 feet to a 518 capped ,ron set for the northwest corner of Lot 5 Block 91 of the ORIGINAL TOWN OF FORT WORTH at the ,ntersection of the south sine of East Fourth Street and the east hne of said Terry Street Thence south 30 degrees 00 minutes-00 seconds east along the east line of said merry Street 52-26!100 feet to a S.8 capped ,ron set ,n the proposed west nght-of way of the Gulf Colorado & Santa Fe Ra)Iway 19 feet west of and at right angles to Its track center Thence south 04 degrees-37 minutes-S9 seconds east a distance of 86 20!100 fleet to a S/8" capped ,ron set ,n the centerline of said Terry Street Thence north 30 degrees-UO m)utes-00 seconds west along the centerline of said Terry Street 133-071(00 feet to the pace of beginning and contatntng 2 779 square feet Elie balls for bearings is the south line of said Block 89R per plat call Surveyed on the ground April and May 2002 BROOKES SAK>uR SUILVEYORS Don v.~' Hickey ;w. Y r r fr S~~`ww~r.ririi~~~ ` ,~ tat Jc.K 5 \ ..'. S Su9E)IvIS~Oti ~- ~ <; NUMBER DIRE( TION ~D STANO[ ~ ~J L77_ N60 00 DO ~~ ' .50 0 0 ~~ -- L23 --- - _ _ . S30 UO 00 e -_ 1 3 3 07 ~ ~ L24-_ ~ _-_ . . S09 i7 59 E _ 7t 33 _~ ~ L25 S6o c)o 2) w s 1a I .---- _ / ~~ ~ / 5~~~ ~ f O CORn'ER ~ ~~ \ S PS-~ QRtOK euODtNC ~ ~~ ' t 2 ~~~ \\ ~ ~ ~ ~~ ~~ --- ~~ -per: ~~ ~~, / 1 i P~ Alt Or BEGINNING ~(n O \~~ 1 IHC COMP nN YING OE SCRIP TIQN ~~ 111, ~~-- t t r R ~~ ~ , LO 2 BLOCK 89R ~O ORIC~NAt. TOWN OF. FORT WORTi-I ~ ~~ CABiN~_ T B SLIDE 1270 ~~ ~,s PR TC T ~ 6, ~~ ~ SO G v'A~ ~ t i 9 ~ Sketch sr:owlny port of Terry Street toylny east of Lot 2R o! Block 89 0l e: ORIOINA L TOWN OF FORT WOR TH Ond betny port of the M BAUGt, SURVEY AbStroCt No 106 S l,,Oled In (he City O( FOrI WOrth i Torront County TexoS h We morked the COrnerS OS Shpwn hereon Ine OOSIS for beGrlnyS iS the SOu(h ilne ~~~ Block 89R of the Or ylnol town of Fort Wor n Per plot coil '~~ Surveyed on the ground Aprll and Moy '!~ 2002 ~;; BROOKES (=3AKER SURVEYORS 'Iii EXHI ~~ ~ L~ a,) ~ ~u cF ._c u ,t ~- - r I, r Nnn[ I ~DON02~~1869t_IR UvG r N OOR 0 BRIOKfeu00 NC „t~~0 ~ l' ~~ •o NRINfINC CEI`N+ER ()~ ~~ ExnS ING VOi JME 1~5 PnGf 1 8 /1 . ~ .. I, i 1 ! ~~ ~~ ~O U r` ~ >- V Q ~ O a ~ U C~ Z ~ Q ''- Z ~, Z O Q '' ~ Z a t r t It~ ~ ~ X • o ~ ~' ~ a ~ D' ~~ O t1 ~ ~ ~ I r ~ 1 ~ J ~ `, ~ J ~', ~ J Q Wa ~ ~ YO"'~v v= ~ o~~~ mQ~~ 3 v 5 m 7 z 0 ~~~ Q~~ ~S ~ r~_~y~P \v ~i~00KES BnKER SuRvEY0R5 C P~~ aROOKES gnKER BUILOIN(; S'\ Sn EnST 9lUrr rDRi wOR M rExnS )6101 (gt/)5)S-~tSI --~q,---.- '. i .~-j ., ", DON W HICKEY RPLS LS~S ALAN W HICKEY RPLS GAREY W GILLEY RPLS ISLS CONSULTANT May 17 2002 ('age 1 of 1 Field note, for Granoury Once 930 Hickey Coun Granoury Tezas 760a9 Bt7 2790232 Faz 817 279~969a pROOKES BAKER (1902 1955) JOHN F BAKER t192a 1985) S J BAKER rt927 1999) FRED M MORRIS it920 1999) A porUOn i~t thr M BAUGII SURVEY abstract No 106 situated rn the Ctty of Fi,rt Worth Tarrant County Texas being a portion of Terry Street situated between Block 89R of the t)RIG(NAL TOWN OF FORT WORTH accordrnf; to the plat thereof recorded In Cabinet B Shde 1270 of the flat Records of "Tarrant County -texas and Block 91 of the ORIGINAL TOWN OF FORT WOR I H and lying south of East Fourth Street and dosc.nbed by mLtes and bounds as follows Begtnntng at the corner ol" a brick burldrnb for the northeast corner of sard Block BrtR at the tntersectton of the south Irne of sard Last I ouuth Strect and the west Irne of sard "terry Street I-hence north 6U degrees 00 mrnutes 00 seconds east 30 00/100 feet to the centerline of sard ferry Sn"eet Thence south 30 degrees-00 mrnutes OU seconds east along the centerline of Bald l eny Sn-eet 133-07i10U feet to a S/8 capped Iron set rn the proposed west nght of way of the Gulf Colorado & Santa Fe Rariway 19 feet west of and at right angles to Its track center Thence south 09 degrees 37 mrnutes S9 seconds east a distance of ,71-33/100 feet to a S/8 capped trop set thence south 60 degrees UO mrnutes 21 seconds west S 18/100 feet to the corner of a back bwld,nb tut the most easterly southeast corner of sard Block K9R ut the west Ime of sard Terry 5[reet Thence north 3U degree, UO mrnutes 00 seconds west along the east line of sard Block 89R and the west line of sard Terry Street 199 941100 feet to the place of begrnnrng and contammg S 168 square feet 1"he basis for beann~~ Is the south line ui sard Block 89R per plat call Surveyed on the ground ~pnl and N1av 2002 BROOKES B~+KER StltivEYORti Don W Iltckr} ,. .r.~ ~°~ r,u. • rim',. t ESTA©~ISRED tII80 BROOKES BAKER SURVEYORS A PROFESSIONAL, CORPORATION TITLE AND TOPOGRAPHIC SURVEYING BROOKES BAKER E3UILDING Stt East Olun Sveel Bt7 335-71St Fax Bt7 332 a665 UakerSUr~la Slldn(! nei Fbn Wonn Tezas 76102 2200 ;d,~. 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 City 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 City of Fort Worth, 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