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2008_06.12 CC Packet0 %A: Notice is hereby given that a Work Session will commence at 5:30 p.m., and a Regular Meeting will commence at 7:00 p.m. by the governing body of the City of Kennedale, Texas, on the 12 day of June 2008 at 405 Municipal Drive, Kennedale Municipal Building, Kemnedale, Texas at which time the following subjects will be discussed to wit: (SEE ATTACHED NOTICE) Dated this 9 th day of June 2008. By: Bryan Lankhorst, Mayor I, the undersigned authority, do hereby certify that the above Notice of Meeting of the governing body of the City of Kennedale, Texas is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the bulletin board of City Hall of said City in Kennedale, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on June 9, 2008 at 4:00 P.M. and remained so posted continuously for at least 72 hours preceding the scheduled time of said Meeting. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, are requested to contact the City Secretary's Office at (817) 483 -1296 five (5) work days prior to the meeting so that appropriate arrangements can be made. By: Kathy T ner, TRMC City Secretary CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING ROLL CALL DATE: JUNE 12, 2008 START TIME: PM END TIME: PM ROLL CALL: CITY STAFF PRESENT: PRESENT ABSENT MAYOR, BRYAN LANKHORST MAYOR PRO TEM JOHN CLARK COUNCILMEMBER BRIAN JOHNSON �. COUNCILMEMBER JERRY MILLER COUNCILMEMBER KELLY TURNER �f COUNCILMEMBER DAVID GREEN CITY STAFF PRESENT: PRESENT ABSENT CITY MANAGER BOB HART CITY SECRETARY KATHY TURNER CITY ATTORNEY �. CODE ENFORCEMENT LARRY HOOVER POLICE CHIEF TOMMY WILLIAMS �f FIRE CHIEF MIKE MCMURRAY DIR. OF FINANCE CLIFFORD BLACKWELL WATER/WASTEWATER LARRY LEDBETTER STREET SUPERVISOR GLEN GREENWOOD COURT ADMIN. BOBBIE SPENCE UB ADMIN. LUCY POLK Ngcq _�C ' CITY OF KE/dNS0ALE 405 Municipal Drive, Kennedale, Texas 76060 AGENDA KENNEDALE CITY COUNCIL REGULAR MEETING — JUNE 12, 2008 405 MUNICIPAL DR. — KENNEDALE MUNICIPAL BLDG. WORK SESSION — COUNCIL CHAMBERS — 5:30 PM EXECUTIVE SESSION — PRE - COUNCIL CHAMBERS - 6:00 PM REGULAR SESSION — COUNCIL CHAMBERS — 7:00 PM CNv 11 m111XI N1 il ROLL CALL I. WORK SESSION — 5:30 PM a. Strategic Planning Discussion. b. Discussion on proposed budget work session dates. C. Discussion and review of any item on the agenda, if needed. II. EXEUCUTIVE SESSION — 6:00 PM a. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda and legal issues regarding amortization of nonconforming uses; advice on noise regulations and regulation of sexually oriented businesses. b. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property including: 1. Property located at 209 N. New Hope Road, Kennedale, TX (Old City Hall) III. RECONVENE INTO OPEN SESSION IV. REGULAR SESSION - 7:00 PM V. INVOCATION AND PLEDGE OF ALLEGIANCE Page 1 of 4 VI. VISITOR/CITIZENS FORUM At this time, any person with business before the Council not scheduled on the agenda may speak to the Council. No formal action can be taken on these items at this meeting. VII. REPORTS /ANNOUNCEMENTS a. City Manager b. City Council C. Mayor VIII. CONSENT AGENDA a. Approval of minutes: Regular Meeting dated May 8, 2008; Special Meeting dated May 20, 2008 b. Review and consider action on Resolution No. 250authorizing funding participation with Tarrant County Community Development and Housing Authority for the 31 Year Community Development Block Grant Project for sanitary sewer lines to serve Oak Crest Addition. C. Review and consider action to authorize the City Manager to enter into an Interlocal Agreement with Tarrant County for road reconstruction of Crestview Drive. d. Review and consider action on Resolution No. 25 Vauthorizing participation in Tarrant County's Community Development Block Grant Program for the Three Program Year Period, Fiscal Year 2009 through Fiscal Year 2011. IX. REGULAR ITEMS Public Hearing, Review and Action on Ordinance No. 401, Planning and Zoni* Commission Case #08 -05, Zone change request for Lots 2 and 3, Block 9, Oak Crest Addition, City of Kennedale, TX from the current zoning classification of "R -3" Single Family Residential District to that of "C -1" Restricted Commercial District. Property is located at 6705 Lindale Rd., Kennedale, TX. Requested by Karl Dennis of Sundance Corrugated LLC. 1. Staff Presentation of Case 2. Applicant Presentation of Case 3. Public Hearing 4. Applicant Response 5. Staff Response and Summary of Case 6. Action on Case f. Public Hearing, Review and Action on Planning and Zoning Commission Case #08 -06 — Re -plat of Lots IA, 1B, 1C1, 1C2, 2, and 3, Block 9, Oak Crest Addition, City of Kennedale, TX to that of Lot 1 -R, Block 9, Oak Crest Addition, City of Kennedale, TX. Re- platted lot will consist of approximately 1.245 acres and is located at 6705 and 6709 Lindale Rd., Kennedale, TX. Requested by Karl Dennis of Sundance Corrugated LLC. Page 2 of 4 IX. REGULAR ITEMS CONTINUED f. Public Hearing, Review and Action on Planning and Zoning Commission Case #08 -06 continued. 1. Staff Presentation of Case 2. Applicant Presentation of Case 3. Public Hearing 4. Applicant Response 5. Staff Response and Summary of Case 6. Action on Case g. Public Hearing, Review and Action on Ordinance No. 402, Planning and Zoi ng Commission Case #08 -07, Request for abandoning a portion of Wrey Crest Road adjacent to Lot 1, Block 1, Broyles Addition, City of Kennedale, TX, as requested by Majestic Liquor Store. 1. Staff Presentation of Case 2. Public Hearing 3. Action on Case h. Public Hearing, Review and Action on Ordinance No. 403, Planning and Zod g Commission Case #08 -08, Zone change request for Lot 2, Block 1, Southwest Crossing Addition, City of Kennedale, TX from the current zoning classification of "R -1" Single Family Residential District to that of "C -1" Restricted Commercial District. Property is located at the corner of Little School Road and US 287. Requested by Matt Cragun on behalf of O'Donald Engineering LLC. 1. Staff Presentation of Case 2. Applicant Presentation of Case 3. Public Hearing 4. Applicant Response 5. Staff Response and Summary of Case 6. Action on Case i. Review and consider action to re- appoint/appoint members to the Planning and Zoning Commission. j. Review and Consider action to appoint a Chairman and a Vice -Chair to the Planning and Zoning Commission. k. Review and consider action to re- appoint /appoint members to the Board of Adjustment. Review and consider action to re- appoint/appoint members to the Building Board of Appeals. m. Review and consider action to re- appoint/appoint members to the Parks and Recreation Board by individual Councilmembers. n. Review and consider action to award bid and authorize the City Manager to execute a contract for Insurance Agent of Record. Page 3 of 4 IX. REGULR ITEM CONTINUED o. Review and consider action on Ordinance No. 404, sale of City Hall. X. ADJOURNMENT Page 4 of 4 To the Honorable Mayor and City Council Date: June 5, 2008 Agenda Item No: 1. a -c Subject: Work Session Originated by: Kathy Turner, City Secretary Summary: Work Session a. Strategic Planning Discussion. b. Discussion on proposed budget work session dates. c. Discussion and review of any item on the agenda, if needed. Recommendation: Disposition by Council: Staff Repot To the Honorable Mayor and City Council Date: June 5, 2008 Agenda Item No: II Subject: Executive Session Originated by: Kathy Turner, City Secretary Summary: a. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda and legal issues regarding amortization of nonconforming uses; advice on noise regulations; regulation of sexually oriented businesses; and litigation, settlement offers, and /or claims regarding the following matters: b. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease or value of real property. 1. Property located at 209 N. New Hope Road, Kennedale, TX (Old City Hall) Recommendation: Disposition by Council: To the Honorable Mayor and City Council Date: June 4, 2008 Subject: Visitor /Citizens Forum Originated by: Kathy Turner, City Secretary Summary: At this time, any person with business before the Council not scheduled on the agenda may speak to the Council. No formal action can be taken on these items at this meeting. Recommendation: Disposition by Council: v To the Honorable Mayor and City Council Date: June 4, 2008 Agenda Item No: VII. Subject: Reports /Announcements Originated by: Kathy Turner, City Secretary Summary: Reports /Announcements a. City Manager b. City Council c. Mayor Recommendation: Disposition by Council: 0 Date: June 4, 2008 Agenda Item o: VIII -a Subject: Approval of Minutes: Regular Meeting dated May 8, 2008; Special Meeting dated May 20, 2008. Originated by: Kathy Turner, City Secretary Summary: Meeting minutes reflecting action taken at the regular meeting held on May 8, 2008, and special meeting held on May 20, 2008. 3320 MINUTES KENNEDALE CITY:COMCIL REGULAR MEET- 1NG,:T MA`Y: :8, 2008 405 MUNICIPAL Dl.;:— I ENNEOALE MUNICIPAL BLDG. COUNCIL: :CHAMBERS Mayor, Bryan Lankhorst calliyd. the meeting to order at 7:00 p.m. Members present: Mayor, Bryan Lankhorst; Mayor Pro -Tem, John Clark, Councilmember's Brian Johnson, Jerry Miller, Ronnie Nowell, and David Green. Members absent: None Staff present: Clifford Blackwell, III, Director of Finance; Kathy Turner, City Secretary; Wayne K. Olson, Legal Counsel; Larry Hoover, Code Compliance Officer; Crystal Tort, Planning Assistant; Tommy Williams, Chief of Police; and Mike McMurray, Fire Chief. Pastor James Adeyeye provided the invocation followed by the Pledge of Allegiance being recited. III. VISITOR/CITIZENS FORUM Bob Johnson, 1001 Oak Hill Park, Kennedale, TX addressed council with concerns of continued flooding in the Oak Hill neighborhood subdivision. Venita Thomas, 412 W. 3Cd Street, Kennedale, TX addressed council regarding stagnate water and mosquito problems on an adjacent lot to her home. Thomas said the City had pumped the water off the lot several times, but it is a repeated problem, as the water cannot drain properly. IV. REGULAR ITEMS a. Approval of minutes: Regular Meeting dated April 10, 2008. Councilmember, Jerry Miller moved to approve the regular meeting minutes dated April 10, 2008, second by Mayor Pro -Tem, John Clark. Motion carried (5 -0). b. Public hearing, Review and consider approval of P &Z Case #08 -04, request for a Re -Plat of Block 43, Lots 5 thru 8, City of Kennedale Addition to that of Block 43, Lot 5R, City of Kennedale, Addition, as requested by First Baptist Church of Kennedale. 1. Staff presentation of case — Larry Hoover, Code Compliance Officer briefed Council on reasoning of re -plat, and advised that the Planning and Zoning Commission recommended approval of the re -plat with a 7 -0 vote. 2. Applicant presentation of case — Applicant was not present to provide a presentation. 3. Public hearing - No persons registered to speak for or against P &Z Case #08 -04. Mayor, Bryan Lankhorst closed the public hearing at 7:15 p .m. 3321 4. Applicant response — Applicant was not present to provide a response. 5. Action on case — Councilmember Green moved to approve P &Z Case #08- 04, second by Councilmember, Jerry Miller. Motion carried (5 -0). Public Hearing, Review and consider approval of proposed ordinance amending the Comprehensive Zoning Ordinance of the City of Kennedale, Texas, as amended, by adding a new "C -0" Retail Commercial District, and amending the Schedule of Uses to reflect the new retail commercial district. 1. Staff presentation of case — Larry Hoover, Code Compliance Officer briefed Council on the "C -0" Retail Commercial District, and advised that the Planning and Zoning Commission recommended approval of the proposed zoning classification with a 7 -0 vote. 2. Public hearing — No persons registered to speak for or against the proposed ordinance adding "C -0" Retail Commercial District to the Comprehensive Zoning Ordinance. Mayor, Bryan Lankhorst closed the public hearing at 7:17 p.m. 3. Action on case — Wayne K. Olson, legal counsel recommended Council table the ordinance, as the current ordinance in the city council packet did not contain some recommended revisions. Councilmember, Brian Johnson moved to table ordinance until May 20, 2008 meeting. Councilmember, Brian Johnson withdrew his motion. Councilmember, Jerry Miller requested discussion in executive session regarding ordinance. Mayor, Bryan Lankhorst proceeded to the next agenda item, with action on this item being addressed after executive session, Item VI. d. Public Hearing, Review and consider approval of proposed ordinance amending the Comprehensive Zoning Ordinance of the City of Kennedale, Texas, as amended, to allow modified zoning. Modified zoning would allow the Planning and Zoning Commission and /or the City Council when considering a rezoning application to have the authority to recommend and /or approve any zoning classification having a lesser intensity and being more restrictive than the zoning designation requested by the applicant. Staff presentation of case — Larry Hoover, Code Compliance Officer briefed Council on modified zoning, and advised that the Planning and Zoning Commission recommended approval of such classification with a 7 -0 vote. 2. Public hearing - No persons registered to speak for or against the proposed ordinance on modified zoning. Mayor, Bryan Lankhorst closed the public hearing at 7:30 p.m. 3. Action on case — Wayne K. Olson, legal counsel advised that notification requirements in ordinance had been amended to comply with State law. 3322 There being no further discussion, Mayor Lankhorst reconvened into executive session at 7:31 p.m. a. The City Council will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda and legal issues regarding amortization of nonconforming uses; advice on noise regulations; regulation of sexually oriented businesses; and litigation, settlement offers, and /or claims regarding the following matters: 1. Christal's Settlement Agreement. b. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property 1. Property located at 209 N. New Hope Road, Kennedale, TX (Old City Hall) ' OPEN SESSION, AND s EXECUTIVE SESSION, IF NEEDED. Mayor, Bryan Lankhorst reconvened into open session at 7:57 p.m. Mayor Pro -Tem, John Clark moved to table "C -0" Retail Commercial District ordinance, second by Councilmember, Brian Johnson. Motion carried (5 -0). Mayor Pro -Tem, John Clark moved to table modified zoning ordinance, second by Councilmember, Brian Johnson. Motion carried (5 -0). VII. ADJOURNMENT Mayor Pro -Tem, John Clark moved to adjourn the meeting at 7:59 p.m., second by Councilmember, Brian Johnson. Motion carried (5 -0). APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary 3323 MINUTE:., KENNEDALE CIT.Y:'COU.NCIL SPECIAL MEETING ' MAY: -20, 2008 405 MUNIGT:PA,L DR.:'— I�,'1✓NNE ➢ALE MUNICIPAL BLDG. Mayor Pro -Tem, John Clark;eal:l'ed the meeting to order at 5:33 p.m. Members present: Mayor Pro -Tem, John Clark, Councilmember's Brian Johnson, Jerry Miller, Ronnie Nowell, and David Green. Also, in attendance was newly elected Councilmember, Kelly Turner. Members absent: Mayor, Bryan Lankhorst Staff present: Bob Hart, City Manager; Kathy Turner, City Secretary; Clifford Blackwell, III, Director of Finance; Chief of Police, Tommy Williams; Mike McMurray, Fire Chief; Crystal Tort, Planning Assistant; Larry Ledbetter, Director of Public Works; and Glenn Greenwood, Street Superintendent. I. WORD SESSION a. Tarrant County road projects. Bob Hart, City Manager addressed Tarrant County road projects, which includes Sublett Road East, Bowman Springs Road, and Little School Road. Hart presented Council with a map reflecting modifications to the road projects, discussed projected construction costs, and said a target completion date was scheduled for the year 2013. b. Fire Station. Mike McMurray, Fire Chief presented a power point presentation pointing out cracks within the bay and driveway of the fire station. He addressed past methods used to stabilize the font drive lanes, and said due to recent settlement and additional cracking, the need for stabilization of the concrete drive was needed again. McMurray recommended Council authorize Ureteck ICR to inject hydro - insensitive polyurethane material to the front drive to help stabilize, seal, and reduce the amount of cracking and shifting that is taking place. Investment Report. Clifford Blackwell, IIII, Director of Finance addressed the Quarterly Investment Report outlining the percentages of the City funds invested in certain accounts, along with the market value of all invested funds. Also, provided was a comparison of interest rates among the City's participating investment pools to the Treasury -bills that matured during the same quarter. d. Discuss and review any item on the agenda, if needed. Councilmember, Brian Johnson questioned regular item VIII. -k, household hazardous waste disposal, and inquired about the cost involved. 3324 Bob Hart, City Manager replied that he anticipates approximately 30 residents to use the service, which would result in an approximate cost of One Thousand Four Hundred Ten Dollars ($1,410.00). Hart implied that Kennedale was the only Tarrant County city that does not currently participate in the program, and that if the City does not provide a location for residents to dispose of these types of materials, they usually end up dumped within the City. Other areas discussed included monitoring the program June through September to see if adjustments would be needed to the contract, implementation of a voucher system, establishing a holding area, and notification to residents that the service is available. Councilmember, David Green inquired about regular item VIIL -m, replacement of well pump and motor to the Trinity Well Site #2. Lamy Ledbetter, Director of Public Works replied that the well was hit by lightening and would require the replacement of a well pump and motor. No further discussion, Mayor Pro -Tern, recessed the work session prior to enter into special session at 6:50 p.m. IN IT10 IV. KY SPECIAL SESSION Mayor Pro -Tem, John Clark called the special session to order at 7:01 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Bob Hart, City Manager provided the invocation, followed by City Staff leading the Pledge of Allegiance. VISITOR/CITIZENS FORUM Pat Doescher, Chairman with the Kennedale Chamber of Commerce recapped recent events held by the Chamber, which included the Candidate Forum, and the 3r Annual Kar Show. Doescher thanked the City for allowing the Chamber use of the city's property, and said plans are already underway for next year's event. City Manager Bob Hart, City Manager announced the following: 1. Merger of water /wastewater /streets and parks departments to form a public works department, in which Larry Ledbetter would be named Director of Public Works; 2. Annual Chamber of Commerce Awards Luncheon to be held Wednesday, May 21s at 11:30 a.m. at Life Fellowship Church, in which various awards will be awarded including police, fire, and city employee of the year award; 3. Construction on Pennsylvania Avenue will begin Tuesday, May 27 th ; 4. Rodgers Farm Park dedication scheduled for Saturday, June 21S at 10:00 a.m.; 5. Tremendous turn out for the recent spring clean up, which 63 tons of debri was collected. Another clean up scheduled in the fall; and 6. Building Board of Appeals meeting scheduled for Thursday, May 22 nd , in which hearing would be held to demolish 8 structures. 3325 City Council Councilmember, David Green expressed thanks to the following individuals: 1. Pat Doescher, Chairman with the Kennedale Chamber of Commerce for her efforts with the 3 rd Annual Kar Show; 2. James Peterson, Kennedale Patrol Officer for his leadership and willingness for interviews during the James A. Arthur Elementary Career Day; and 3. Mike McMurray, Fire Chief and Fire Department for their participation in Career Day at James A. Arthur Elementary. Councilmember, Jerry Miller acknowledged Mayor Pro -Tem, John Clark's wife, Rebecca Clark for receiving an award for Teacher of the Year fiom the South Tarrant Chamber of Commerce. Councilmember, Brian Johnson thanked the Chamber of Commerce for hosting the 3 rd Annual Kar Show. Mayor Pro-Tern — No reports /announcements. a. Review and consider approval of Resolution No. 248, canvassing May 10, 2008 General Election. Councilmember, Brian Johnson moved to approve Resolution No. 248, canvassing the May 20, 2008 General Election, second by Councilmember, Jerry Miller. Motion carried (5 -0). b. Mayor Pro -Tem, John Clark will present a plaque to outgoing Councilmember, Ronnie Nowell. Mayor -Pro Tern, John Clark, presented a plaque to outgoing Councilmember, Ronnie Nowell on behalf of the Council in recognition for his outstanding leadership and service to the citizens of Kennedale as Council Member from May 15, 2004 — May 10, 2008. C. City Secretary will issue Statement of Elected Official and Oath of Office to re- elected Councilmember, David D. Green, and newly elected Councilmember, Kelly Turner. City Secretary, Kathy Turner issued the Statement of Elected Official and Oath of Office to re- elected Councilmember, David D. Green, and newly elected Councilmember, Kelly Turner. d. Mayor Pro -Tem, John Clark will present a Certificate of Election to re- elected Councilmember, David D. Green, and newly elected Councilmember, Kelly Turner. Mayor Pro -Tem, John Clark presented a Certificate of Election to re- elected Councilmember, David D. Green, and newly elected Councilmember, Kelly Turner. Kelly Turner then took his seat among Council. . 3326 e. Review and consider approval of Election Register. Councilmember, Brian Johnson moved to approve the election register, second by Councilmember, Jerry Miller. Motion carried (5 -0). ,1 s_ a. Consider approval of Investment Report. b. Consider Pennsylvania reconstruction inspection services (Teague, Nall and Perkins Engineering not to exceed Forty Five Thousand Dollars ($45,000.00). C. Consider award of bid for Live Scan — Awarded to Crossmatch Technologies in an amount of Twenty Nine Thousand, Eight Hundred Five Dollars ($29,805.00). d. Consider approval of Resolution No. 249, designating the Kennedale News as the official newspaper and the Fort Worth Star Telegram as the alternate newspaper for the City. Consider award of bid for refurbishing driveway at Fire Station — Awarded to Uretek ICR in the amount of Thirty Eight Thousand Dollars ($38,000.00). f. Consider approval of Ordinance No. 396, amending the creation of the Parks and Recreation Board, Councilmember, Jerry Miller moved to approve consent agenda items a through f, second by Councilmember, David Green. Motion carried (5 -0). VIII. REGULAR ITEMS g. Review and consider approval of Ordinance No. 395, amending the Comprehensive Zoning Ordinance of the City of Kennedale, Texas, as amended, by adding a new "C -0" Retail Commercial District, and amending the Schedule of Uses to reflect the new retail commercial district. Councilmember, Brian Johnson moved to approve Ordinance No. 395, amending the Comprehensive Zoning Ordinance of the City of Kennedale, Texas, as amended, by adding a new "C -0" Retail Commercial District, and amending the Schedule of Uses to reflect the new retail commercial district, second by Councilmember, Jerry Miller. Motion carried (5 -0). It. Review and consider approval of Ordinance No. 400, amending the Zoning Ordinance of the City of Kennedale, Texas, as amended, by amending the authority of the Planning and Zoning Commission and the City Council to allow the consideration of different zoning classifications when reviewing a zoning application; and providing for the notice for public hearings on zoning amendments. Councilmember, Jerry Miller moved to approve Ordinance No. 400, amending the Zoning Ordinance of the City of Kennedale, Texas, as amended, by amending the authority of the Planning and Zoning Commission and the City Council to allow the consideration of different zoning classifications when reviewing a zoning 3327 application; and providing for the notice for public hearings on zoning amendments, second by Councilmember, David Green. Motion carried (5 -0). Public hearing, review and consider approval of Ordinance No. 397, amending Chapter 17, Article VII, of the Kennedale City Code (1991), as amended, to make changes to the city's sign regulations; adding definitions of changeable electronic variable message sign (CEVMS) and sign code application area, and amending off - premise sign and regulations governing them. Staff presentation of case - Crystal Tort, Planning Assistant briefed Council on the amendment to the city's sign ordinance, and advised that the Planning and Zoning Commission approved the amendment with a 7 -0 vote. 2. Public Hearing — No persons registered to speak for or against proposed Ordinance No. 397, amending the city's sign ordinance. Mayor Pro -Tem, John Clark closed the public hearing at 7:30 p.m. Action on case — Councilmember, Brian Johnson moved to approve Ordinance No. 397, amending Chapter 17, Article VII, of the Kennedale City Code (1991), as amended, to make changes to the city's sign regulations; adding definitions of changeable electronic variable message sign (CEVMS) and sign code application area, and amending off - premise sign and regulations governing them, second by Councilmember, Jerry Miller. Motion carried (5 -0). Review and consider approval of Ordinance No. 398, regulating Secondary Metal Recyclers. Mayor Pro -Tem, John Clark recommended the word " Keenedale" be corrected to reflect "Kennedale" in Section 11.254, sixth sentence. Councilmember, Brian Johnson moved to approve Ordinance No. 398, regulating Secondary Metal Recyclers with correction noted above, second by Councilmember, Kelly Turner. Motion carried (5 -0). k. Review and consider approval to authorize City Manager to execute an agreement with the City of Fort Worth for household hazardous waste disposal. Councilmember, David Green moved to authorize the City Manager to execute an agreement with the City of Fort Worth for household hazardous waste disposal, second by Councilmember, Jerry Miller. Motion carried (5 -0). Review and consider approval of Ordinance No. 399, amending the existing Gas Franchise between the City and Atmos Energy Corporation to provide for a different consideration. Councilmember, Brian Johnson moved to approve Ordinance No. 399, amending the existing Gas Franchise between the City and Atmos Energy Corporation to provide for a different consideration, second by Councilmember, David Green. Motion carried (5 -0). 3328 M. Review and consider approval to authorize City Manager to make emergency expenditure for the replacement of the well pump and motor on Trinity Well Site #2. Councilmember, Jerry Miller moved to authorize City Manager to make emergency expenditure for the replacement of the well pump and motor on Trinity Well Site #2 in the amount of Seventy Seven Thousand, Eight Hundred Eight Six Dollars ($77,866.00). Motion second by Councilmember, Kelly Turner. Motion carried (5 -0). No further discussion, Mayor Pro -Tem, John Clark recessed the meeting to enter into executive session at 7:47 p.m. IX. EXECUTIVE SESSION a. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property 1. Property located at 209 N. New Hope Road, Kennedale, TX (Old City Hall) X. RECONVENE INTO OPEN SESSION, AND TAKE NECESSARY PURSUANT TO EXECUTIVE SESSION, I; Mayor Pro-Tern, John Clark reconvened into open session at 8:13 p.m. with no action taken on executive session item. Councilmember, Jerry Miller moved to adjourn the meeting at 8:14 p.m., second by Councilmember, David Green. Motion carried (5 -0). APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary To the Honorable Mayor and City Council V. = Agenda t o; VIII -b Subject: 31 11 Year CDBG Project Originated : Larry Hoover, Code Enforcement Officer Summary: In 2005 the City council approved the CDBG project to extend wastewater service into the Oak Crest neighborhood. This project was not constructed because the city did not have a contract with the City of Fort Worth to connect to their existing 36 inch sewer line. Three Months ago the City and Fort Worth executed an agreement to allow this connection. Teague Nall and Perkins Engineers have been working with the staff at Fort Worth and Kennedale to develop the necessary plans for this project and has provided the Tarrant County Community Development Division the documents for the project. The Bids have been received and forwarded to you for approval. The Bid is separated into three base bids for construction with each one providing for more linear foot of sewer line for customer connections. Base Bid "A" will provide for the metering station and pipe up to Oak Crest Dr. East. Base Bid "B" will provide the pipe along Oak Crest Dr. East to Kennedale Street to the east. Base Bid "C will provide the pipe for Kennedale Street to a point about half way up the street towards the I -20 service road. The original budget projections were $120,000 from the CDBG funds and a contribution from the city of $61,000 for a total of $181,000. The funds available are $109,908 from the CDBG and $61,000 from the City, which was approved in 2006 budget and encumbered that gives a total of $171,908 for this project. Staff is requesting the use of bond funds to cover the remaining $102,756.59 to fund the entire project. Recommendation: Staff recommends the use of the bond funds to complete the entire project and to award the bid to Patco Utilities Inc. for $273,664.59. r . " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS AUTHORIZING FUNDING PARTICIPATION WITH TARRANT COUNTY COMMUNITY DEVELOPMENT AND HOUSING FOR THE 31" YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT FOR SANITARY SEWER LINES TO SERVE OAK CREST ADDITION WITHIN THE CITY OF KENNEDALE, TEXAS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in the City Council Meeting of January 13, 2005, the City Council of the City of Kennedale approved the 31S Year Community Development Block Grant Project (CDBG) for Sewer Improvements; and WHEREAS, the budget for the project approved on January 13, 2005 reflected proposed CDBG Construction Funds in an amount of $109,908.00 and City of Kennedale Funds in an amount of $163,756.59.00; and WHEREAS, the construction contract for this project totals $273,664.59.00; and WHEREAS, the City funds approved in the budget will be utilized for project costs in excess of the CDBG funds available for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: Section 1. That all matters stated in the preamble of this resolution are true and correct and are incorporated herein as if copied in their entirety. Section 2. That the City Council of the City of Kennedale accepts the low bid of PATCO UTILITIES, INC in the amount of $273,664.59 with a 60 calendar day construction timeline and request that Tarrant County award the Contract to PATCO UTILITIES, INC for building sanitary sewer lines to serve Oak Crest, consisting of a sewer metering station on the City of Fort Worth's sewer outfall line near Village Creek and enough pipe to extend up to Oak Crest Drive, east to Kennedale Street, and proceed North midway up Kennedale Street for the CDBG construction project. Section 3. That Tarrant County approves funding in the amount of $109,908.00, the City Council of the City of Kennedale approves funding in the amount of $61,000.00, consistent with the project budget approved in the fiscal year budget on September 14, 2006 in the Water & Sewer Capital Items, and approved funding in the amount of $102,756.59 from available 2007 Series C.O. Bonds to complete the total construction project of $273,664.59 for the sanitary sewer lines to serve Oak Crest, consisting of a sewer metering station on the City of Fort Worth's sewer outfall line near Village Creek and enough pipe to extend up to Oak Crest Drive, east to Kennedale Street, and proceed North midway up Kennedale Street for the CDBG construction project. g: citysecretary /citycouncil/resolutions (05.28.08) Page 1 of 2 Section 4< That this resolution shall be effective upon its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS on this 12 day of June 2008. APPROVED: Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary g: citysecretary / citycouncil /resolutions(05.28.08) Page 2 of 2 -I O O O O O O O O O O O O O O O O O O O O O O O O O O O o O O o O O O O o O 0 O O O O O O O O O O O O O O O O O O O O O O O o O O 0 O 0 O O O O 0 O o O O O O O O 0 O O o O 0 Q O O O O O O O O O O O O O O O O O O O 691 U fA 69 64 fA V3 fR 69 ffl 6% ffl 69 64 W 69 U3 0 093 O O O O O O O O O O O O O O O O O O O O O O O 69 E9 M M N3 ffl 64 69 69 69 64 H3 69 fA 69 M 69 6% 0 V3 69 W 64 O 69 0 ~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Z U O O O O O O O O O O O O O O O O O 64 69 64 V3 f9 69 69 H3 M 69 69 69 W 69 613 64 64 64 69 O O O O O O O O O O O O O 6600 O O O O O H3 64 69 64 ffl 64 M 0 0 69 0 f9 EH 69 69 fA (A 69 fA 69 Ef3 64 w W ~ W Z 00 IWI- n ' O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 W W O N O O O N W 0 N 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O V O O O N O O O 0 0 J G N' t- m u) m W d• f� o w 7 o W O m o fn fn M O o g fh 0 m m m w w w [r d' O O O O W M M N O W O 0 et m m m m o (D M N N V o o W V' ¢ ry M (Ii r W o N n W r m c r 7 M r fo V cD (O m N� n N� W M W N M O N' o) N t- W rn O O N W N W W m O W r, h (o W m m r w t- V M N' N M - M h h N LLJ U) N fA W 69 69 W 69 w 64 E9 64 f9 0 ffl f61> {�� N N f» N fH (A f9 h f9 fA EA (A H3 N EA 64 69 69 69 4'1 Z W W o ® y F Y} Y p �° U- Q m w O o o 0 0 0 0 0 0 0 0 O'o O o 0 0 0 0 0 O O o 0 0 0 0 0 0 0 0 0 q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 q 0 Q w O F 0 m S U W V 00 O (V I- 00 r- V V) W Oi O 00 (V 0 6i v f0 N fA o0 N I� I` M I r M O m O w «) O N N m 0 0 'T N (V C7 (O (M N' d' O (V V Oi O O 6 (o ((') N M O co O r Co N M M N 47 O il (n N (n V o0 6dm m Ofl r <t W N N (A M m O M r M m W (O N C619) ffl EH E9 EH EA (fl uj H3 U3 o N N N' (n N h o 47 W 6% OD O M fA r O) fp . 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Q r N N c C 0) 2 i E a) U) ca N to 0 W m O O 3 N a) a) � U N m N a) U U C V m ®' �' �J��.JJ ® W ., N `-' r O C (n (n (n U (n a) d O > O (o w c0 aj CL LL U d' N a) i0 @ ¢ C �_ U_ U_ F - N Z a C Co U N N O .>j 7 U m U Z 2 Z o ro o o E m m o J � p J C N O U 2i N co cn (7 U) U Q 2' r= U ''6 N O N N U_ 2 J W Q U o O a) Ch m M O a) N U) z O O U a�i N a) N N Q C a) C d a) O C (A N D �! m W F W N U) co N p U (,) (n (n U) �! W > LL. al U O U C +�. cu t U> J o ¢ c c c m > ro ro o oo , t ry po > ..ain in in mc�o o I � o z z o 4) _�(n U) rO ;T (L V' 00 t d' V �-' (1' i0 (O �O 00 U r e0 I {— U P W m a] W O N p V' N CO h 00 O O r N M V N (O h CO D) O N N r N N N N U H Z U U U U U U U U U U U U U U U U U U U U U U Date: June 12, 2008 Agenda Item o VIII —c Subject: Review and consider action authorizing the city manager to enter into an interlocal agreement with Tarrant County for the road reconstruction of Crestview Drive. Originated by: Bob Hart Summary: Tarrant County has agreed to reconstruct Crestview Drive from Kennedale Parkway to Clover Lane. The reconstruction will occur during the summer prior to the start of school. The estimated cost of the reconstruction is $75,000 including soils and material testing. The city will pay for the materials and the county will provide the labor at no cost to the city. Funding for this reconstruction will come from prior years street bond funds (the same funding source as the Pennsylvania reconstruction). Recommendations Staff recommends the approval of the contract as submitted. i 66!56h , llt�l v4b +gam bob al WZ4 a4jvd � 6 4 MAVt 4& :1 e4 g rown 'y c ptestaffreport THE STATE OF TEXAS } } DOWN ALL MEN BY THESE PRESENTS COUNTY OF TARRANT } CONTRACT This agreement made and entered into this the day of , 20 , by and between the County of Tarrant, acting herein by and through its governing body, hereinafter referred to as Tarrant County, and The City of Kennedale, acting herein by and through its governing body, both of Tarrant County, State of Texas, Witnesseth: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791, Texas Goverrnnent Code, known as the INTERLOCAL COOPERATION ACT; and, WHEREAS, the parties, in paying for the performance of governmental functions or in performing such governmental functions shall make payments therefore only from revenues, legally available to such parties; and WHEREAS, the governing bodies of each party find that the project or undertaking is necessary for the benefit of the public and that each party has the legal authority to build or maintain the project or to provide such service, and the construction and improvement thereof is in the common interest of both parties hereto; and that the division of costs provided for constitutes adequate consideration to each party; said project being more particularly described as: The reconstruction of Crestview Drive from Kennedale Parkway approximately .22 miles to Cloverlane Drive. WHEREAS, the parties hereto, in order to facilitate the financing and construction of the needed roadway and in order to share the costs of having said work to be done, have agreed to share in the financing of said project as hereinafter stated in detail. For in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the parties agree as follows: 1. Tarrant County will provide the equipment and manpower to reconstruct Crestview Drive at a width of 22 feet for a length of approximately .22 miles from Kennedale Parkway to Cloverlane Drive. CONTRACT: City of Kennedale 2. The construction will consist of: Page 2 a) Stabilize sub -grade at a depth of eight (8) inches, and compact. b) Apply asphalt emulsion prime coat. c) Place and compact three inches of Type B Hot Mix Asphalt Concrete (HMAC). d) Place and compact two inches of Type D Hot Mix Asphalt Concrete (HMAC). e) Place flexible base on shoulders at roadway edges. 3. The City of Kennedale will provide any necessary materials for the project, including, but not limited to, stabilization materials, hot mix asphalt, asphalt emulsion and flexible base. Tarrant County reserves the right to inspect and approve all materials used in this project. 4. Prior to the beginning of construction by Tarrant County, the City of Kennedale will provide any necessary drainage improvements that have been identified by Tarrant County. The City of Kennedale will also ensure that the right-of-way is cleared of obstructions, such as overhanging tree limbs, which could damage equipment during construction. 5. The City of Kennedale will furnish all necessary traffic control, to include devices and barricades necessary for the project. The City will provide construction avoidance signage to the County on -site supervisor upon request, so as to permit safe movement of local traffic and safe egress and exit of construction equipment to and from the construction site to the extent reasonably possible during on -site construction activities. The City will provide any additional advance warning signage determined necessary by Tarrant County. 6. All waste materials for the project will be taken to an acceptable site designated by the City of Kennedale. 7. The City of Kennedale is responsible for the verification of all utility locations, marking and removal of all public utilities that will interfere with the progress of this construction project. 8. The City of Kennedale will furnish quality assurance inspection for the project. If engineering services are required for the project, the City shall provide such services. The City shall notify Tarrant County within thirty (30) days of project completion of any complaint, which the City may have regarding the same. Upon completion of the project, the City shall be responsible for maintenance of same. CONTRACT: City of Kennedale Page 3 9. The City of Kennedale will provide a stockpile site for materials to be used on this project. 10. The City of Kennedale will provide soil lab testing for the project. 11. Tarrant County will be liable for only those claims under which liability is imposed on it by the Texas Tort Claims Act. The City of Kennedale agrees to be liable for only those claims under which liability is imposed on it by the Texas Tort Claims Act. 12. Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the patties, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any party as an agent of any other party, for any purpose whatsoever. The parties to this Contract do not intend by this Contract that any specific third party may obtain a right by virtue of the execution or performance of this Contract. This agreement shall become effective on the date first written above. This agreement shall terminate automatically upon happening of any of the following events: 1. The completion of the contract provided for therein; or 2. At the conclusion of Tarrant County's fiscal year, unless renewed for a period of one (1) year in a written notice signed by all parties. In the event of renewal, any party may terminate this contract on thirty (3 0) days written notice to the other party. IN WITNESS WHEREOF, the parties hereto have executed four (4) copies of this contract in TARRANT COUNTY, Texas, this day of , 20 B. GLEN WHITLEY County Judge By: MARTI VANRAVENSWAAY Commissioner Pct. 2 CONTRACT: City of Kennedale CITY OF KENNEDALE City Manager City of Kennedale ATTEST: City Secretary ATTEST: COUNTY CLERK Tarrant County APPROVED AS TO FORM:* Date: ASSISTANT DISTRICT ATTORNEY Tarrant County Page 4 *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). APPROVED AS TO FORM: Date: CITY ATTORNEY City of Kennedale Date: May 28, 2008 Subject: Review and action on Resolution No. 251, authorizing participation in Tarrant County's Community Development Block Grant Program for the Three Program Year Period, Fiscal Year 2009 through Fiscal Year 2011. Originated by: Kathy Turner, City Secretary Summary: The Texas Department of Housing and Urban Development (HUD) has requested Tarrant County make a technical change to the existing cooperation agreements by adding federal language to regulatory citations contained in the agreement. The added language can be found in the last paragraph on Pages 2 and 3 (highlighted for easier reading). Recommendation: Recommend Council approves Resolution No. 251 authorizing participation in Tarrant County's Community Development Block Grant (CDBG) Program for the Three Program Year Period, Fiscal Year 2009 through Fiscal Year 2011. SOLUTION # 251 COUNTY'S RESOLUTION REGARDING CITY OF KENNEDALE PARTICIPATION IN TARRANT 1 DEVELOPMENT 1 GRANT PROGRAM FOR PROGRAM PERIOD, 2009 THROUGH WHEREAS, Title I of the Housing and Community Act of 1974, as amended through the Housing and Community Act of 1992, establishes a program of community development block grants for the specific purpose of developing viable communities by providing decent housing and suitable living environment and expanding economic opportunities principally for persons of low and moderate income, and WHEREAS, Title II of the Cranston - Gonzalez National Affordable Housing Act, as amended, establishes the HOME Investment Partnership Act to expand the supply of decent, safe, sanitary and affordable housing for very low - income and low - income Americans, and WHEREAS, Tarrant County has been designated an "Urban County" by the Department of Housing and Urban Development entitled to a formula share of Community Development Block Grant and HOME program funds provided said County has a combined population of 200,000 persons in its unincorporated areas and units of general local government with which it has entered into cooperative agreements, and WHEREAS, Article III, Section 64 of the Texas Constitution authorizes Texas counties to enter into cooperative agreements with local governments for essential Community Development and Housing Assistance activities, and . WHEREAS, the City of Kennedale shall not apply for grants under the State CDBG Program from appropriations for fiscal years during the period in which it is participating in Tarrant County's CDBG program, and WHEREAS, the City of Kennedale shall not participate in a HOME consortium except through Tarrant County, regardless of whether or not Tarrant County receives a HOME formula allocation, and WHEREAS, through cooperative agreements Tarrant County has authority to carry out activities funded from annual Community Development Block Grant (CDBG) and HOME Program Allocation from Federal Fiscal Years 2009, 2010, and 2011 appropriations and from any program income generated from the expenditure of such funds, and WHEREAS, Tarrant County and the City of Kennedale agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, and Page 1 of 4 WHERE AS, Tarrant County will not fund activities in support of any cooperating unit of general government that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions to comply with its fair housing certification, and WHEREAS, the City of Kennedale has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations and WHEREAS, the City of Kennedale has adopted and is enforcing a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within jurisdictions, and WHEREAS, Tarrant County and the City of Kennedale shall take all actions necessary to assure compliance with the Urban County's certification required by section 104 (b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, and Title VIII of the Civil Rights Act of 1968, section 109 of Title I of the Housing Community Development Act of 1974, and other applicable laws, and WHEREAS, prior to disbursing any CDBG or HOME Program funds to a subrecipient, Tarrant County shall sign a written agreement with such subrecipient, and WHEREAS, the City of Kennedale agrees to inform the county of any income generated by the expenditure of CDBG funds received and that any such program income must be paid to the county to be used for eligible activities in accordance with all Community Development Block Grant and HOME Program requirements, and WHEREAS, in accordance with 24 CFR 570.501(b), Tarrant County is responsible for ensuring that CDBG funds are used in accordance with all program requirements, including monitoring and reporting to U.S. Department of Housing and Urban Development on the use of program income and that in the event of close -out or change in status of the City of Kennedale, any program income that is on hand or received subsequent to the close -out of change in status shall be paid to the county, and WHEREAS, in accordance with 24 CFR 570.501(b), Tarrant County, as the recipient is responsible for ensuring that CDBG funds are used in accordance with all program requirements. The use of designated public agencies, 'subrecipients, or contracts does not relieve Tarrant County of this responsibility. Tarrant County is also responsible for determining the adequacy of performance under subrecipient agreements and procurement contracts, and for taking appropriate action when performance problems arise, such as the actions described in §570.910. Where a city is participating with, or as part of Tarrant County Urban County, as a participating unit, or as part of a metropolitan city, the County is responsible' for applying to the unit of general local government the Page 2 of 4 same requirements as are applicable to subrecipients, except that the five -year period identified under §570.503 (b) (8) (i) shall begin with the date that the unit of general local government is no longer considered by HUD to be a part of the metropolitan city or urban county, as applicable, instead of the date the subrecipient agreement expires. WHEREAS, the City of Kennedale agrees to notify Tarrant County of any modification or change in the use of the real property from that planned at the time of acquisition or improvement, including disposition, and further agrees to reimburse the County in an amount equal to the current fair market value (less any portion thereof attributable to expenditure of non -CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations, and WHEREAS, any money generated from disposition or transfer of property will be treated as program income and returned to the county prior to or subsequent to the close -out, change of status or termination of the cooperation agreement between county and the City of Kennedale; NOW, THEREFORE, BE IT RESOLVED, by the City of Kennedale, that the City Council of Kennedale, Texas supports the application of Tarrant County for funding from Housing and Community Development Act of 1974, as amended, and Cranston - Gonzalez National Affordable Housing Act, as amended, and asks that its population be included for three successive years with that of Tarrant County, Texas to carry out Community Development Program Activities Eligible for Assistance under Public Law 93 -383, and Affordable Housing activities under Public Law 101 -625, and authorizes the Mayor of Kennedale, Texas to sign such additional forms as requested by the Department of Housing and Urban Development pursuant to the purposes of the Resolution, and further that the City of Kennedale, Texas understands that Tarrant County will have final responsibility for selecting projects and filing annual grant requests. BE IT FURTHER RESOLVED, this agreement will automatically be renewed for participation in successive three -year qualification periods, unless Tarrant County or the City of Kennedale provides written notice it elects not to participate in a new qualification period. Tarrant County will notify the City of Kennedale in writing of its right to make to such election on the date specified by the U.S. Department of Housing and Urban Development in HUD's urban county qualification notice for the next qualification period. Any amendments or changes contained within the Urban County Qualification Notice applicable for a subsequent three -year urban county qualification period must be adopted by Tarrant County and the City of Kennedale, and submitted to HUD. Failure by either party to adopt such an amendment to the agreement will void the automatic renewal of this agreement. This agreement remains in effect until CDBG, HOME funds, and income received to the fiscal 2009, 2010, 2011 programs, and to any successive qualification periods provided through the automatic renewal of this agreement, are expended and the funded activities Page 3of4 completed, neither Tarrant County nor the City of Kennedale may terminate or withdraw from the agreement while the agreement remains in effect. Official notice of amendments or changes applicable for a subsequent three -year urban county agreement shall be in writing and be mailed by certified mail to the City Secretary of the City of Kennedale. Any notice of changes or amendments to this agreement by the City of Kennedale to Tarrant County shall be in writing to the Tarrant County Community Development Division Director. PASSED AND APPROVED THIS day of 2008 ATTEST: CITY SECRETARY Commissioners Court Clerk WIN 9 ON 01TA MAYOR County Judge Approval Form for District Attorney Approved as to Form* *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). Page 4of4 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: June 12, 2008 REGULAR ITEMS: ITEM NUMBER: IX -e MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. Ordinance No. 401 CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: M �� �! 1 L - 405 Municipal Thrive, Kennedale, Texas 76060 SIGN-IN FORM (Lois 2 ot 3, 13 E res )— 6 705 Lindale d. SUBJECT: To receive citizens' comments regarding Planning and Zoning Case #08 -05, Zone change request for Lots 2 &3, Blk. 9, Oak Crest Addn., City of Kennedale, TX from the current zoning classification of "R -3" Single Family Residential to that of "C-1" Restricted Commercial. Property is located at 6705 Lindale Rd., Kennedale, TX. Requested by Karl Dennis of Sundance Corrugated LLC. 1. NAME: 4r I D a L) A ) i'S ADD SS: 2 so 2 ,4rq-Lj I's Ct` V"- �v,drm ZIP PHONE NUMBER: P DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LINE TO GISTER THE FOLLOWING OPINION. 3. I AID REGISTERING N' OR ❑ AGAINST P &Z Case #08 -05 4. IN REGISTERING i RE R SENT: 0 MYSELF 0 H( FOLLOWING PERSONS F IRM S, O C ",. ' S OR GROUPS: 5. THEIR BUSINESS ADD RESS I en f i SIGNAT DATE: — June 12, 2008 �p 117, 11115 To the Mayor and Council Members Date: June 4, 2008 S ubject: PZ Case# 08 -05 Zone Change for Sundance Corrugated LLC Originated by: Larry Hoover, Community Development Specialist Summary: Sundance Corrugated LLC has applied for a Zone Change of Block 9, Lots 2 and 3 of the Oak Crest Addition. The lots are currently zoned Single Family Residential District "R3" and the proposed zoning is Restricted Commercial "Cl". The Zone Change would better utilize their property and meets the requirements of the City of Kennedale Code of Ordinances. On May 15 the Planning and Zoning Commission voted 7 -0 to recommend approval of the Zone Change for Sundance Corrugated LLC. Recommendation: Staff recommends approval • • • • • VM - YfOW'�y owwv gyp SitrGP?�rANJ �wrel z.�rsn�;a.� Notice Details - CITY OF KENNEDALE PUBLIC HEARINGS Fou CITY OF KENNEDALE PUBLIC HEARINGS Four public hearings will be held by the City Council of the City of Kennedale, TX at 7:00 P.M. on Thursday, June 12, 2008 in the Kennedale City Hall Council Chambers, 405 Municipal Dr., Kennedale, TX 76060, to receive citizen "s input on the following matters: (1) Planning & Zoning Commission Case #08 -05 - Zone change request for Lots 2 and 3, Block 9, Oak Crest Addition, City of Kennedale, TX from the current zoning classification of "R -3" Single Family Residential District to that of "C -l" Restricted Commercial District. Property is located at 6705 Lindale Rd., Kennedale, TX. Requested by Karl Dennis of Sundance Corrugated LLC; (2) Planning and Zoning Commission Case #08 -06 - Re -plat of Lots IA, 1B, IC1, 1C2, 2 and 3, Block 9, Oak Crest Addition, City of Kennedale, TX to that of Lot 1 -R, Block 9, Oak Crest Addition, City of Kennedale, TX. Re- platted lot will consist of approximately 1.245 acres and is located at 6705 and 6709 Lindale Rd, Kennedale, TX. Requested by Karl Dennis of Sundance Corrugated LLC; (3) Planning and Zoning Commission Case 08 -07 - Request for abandonment of ROW, which includes a portion of Wrey Crest Road adjacent to Lot 1, Block 1, Broyles Addition, City of Kennedale, TX, as requested by Majestic Liquor Store; (4) Planning and Zoning Commission Case #08 -08 - Zone change request for Lot 2, Block 1, Southwest Crossing Addition, City of Kennedale, TX from the current zoning classification of "R -1" Single Family Residential District to that of "C -1" Restricted Commercial Page 1 of 2 http: / /www.legalnotice. org /pl /Templates/ PrivateLabel / /popup /PrinterFriendly. aspx ?ID =29... 5/28/2008 1 U10,11010 Lill WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government; WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, a change in the zoning classification of the property listed below was requested by a person or entity having a proprietary interest in said property; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on May 15, 2008 and by the City Council of the City of Kennedale on the 12th day of June 2008, with respect to the zoning change described herein; and WHEREAS, all requirements of law dealing with notice to other property owners, publication and all procedural requirements have been complied with in accordance with Chapter 211 of the Local Government Code; and WHEREAS, the City of Kennedale, Texas does hereby deem it advisable and in the public interest to amend Ordinance No. 40, as amended, as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KEENNEIDALE, TEXAS: Ordinance No. 40, as amended, is hereby amended so that the permitted uses in the hereinafter described area shall be altered, changed and amended as shown and described below; c: \ktumer\ council \ord\zonechg08 - 05(05- 28 -08) Page 1 of 4 Approximately 1.245 acres, being comprised of Lots 2 and 3, Block 9, Oak Crest Addition, City of Kennedale, Tarrant County, Texas, and more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes of this ordinance, is hereby rezoned from "R -3" Single Family Residential District to "C -1" Restricted Commercial District The zoning districts and boundaries as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic, flood and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements. They have been made after a frill and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses allowed and with a view of conserving the value of the buildings and encouraging the most appropriate use of land throughout the community. SECTION 3. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. The use of the property hereinabove described shall be subject to all the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the City of Kennedale, Texas. This Ordinance shall be cumulative of Ordinance No. 40, as amended, and all other Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. All rights or remedies of the City of Kennedale, Texas are expressly saved as to any and all violations of Ordinance No. 40 or of any amendments thereto that have accrued at the time of the effective date of this Ordinance and as to such accrued violations and all pending litigation, both civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. c; \kturner\ council \ord\zonechg08 - 01(05- 28 -08) Page 2 of 4 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 1 This ordinance shall be in frill force and effect from and after its passage and it is so ordained. PASSEL) AND APPROVED this day of 2008 Mayor, Bryan Lankhorst ATTEST: Kathy Turner, City Secretary APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney c:\kturner \council \ord\zonechg08 - 01(05- 28 -08) Page 3 of 4 - - -- --'- - - -- - __ -- -- 1r -,r VISIT . A - -...- w , ' Pd��..�1f41 "6 S UR V E WI RS Vtl'p � S. EASLE Y LAND SURWYORS LE=A" LAND -TOPOGRAPHIC - CONSTRUCTION SURVEYING P. 0. BOX 8873 METRO 817-429 -0194 FORT WORTH, TEXAS 76124 FAX 817 - 445 -5188 STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, Sundance Consolidated, LLC acting by and.through the undersigned, its duly authorized agent is the sole owner of a tract of land situated in the David Strickland Survey, Abstract 1376, Tarrant County, Texas according tq the deeds recorded in County Clerks Document Number D207458151 and 02077458152, Deed Records, Tarrant County, Texas and being more particularly described as follows: Being Lots 2 and 3, Block 9, Oak Crest, a subdivision of a port of the David Strickland Survey, Tarrant County, Texas according to the plat recorded in Volume 388 —C, Page 81, Plat Records, \ VICINITY MAP Tarrant, County, Texas, and Lots 1 —A through 1 —C Block 9, Oak Crest an addition to Tarrant \ MAPSCO 93 —T County, Texas according to the revised plat recorded In Volume 388 -55, Page30, Plat Records, Tarrant County. ST 1, 81 \\ The bearings recited hereon are oriented NAD 83 North Central Texas grid. \ KNOW ALL MEN BY THESE PRESENTS: That I, _ _ _____ __— of Sundonce '-STATES OF Consolidated, LLC does hereby certify that Sundance Consolidated, LLC Is the legal owner of BRACKEEN & the above described land, does hereby adopt the hereinobove described real property as Lot 1— D PHARES \ R, Block 9, Oak Crest an addition to the City of Kennedale, Tarrant County, Texas and does ' 13401, P.. 415, hereby convey to the public for public use, the streets, alleys, right —of —ways, easements and any D.R.T.C.T. �. other public areas shown on this plat. Sundance Consolidated, LLC / GERARADO CRUZ ___—___---_—_---_----__--- C.C. NO. 0206200345 by. / D.R. T.C. T. 13. STATE OF TEXAS § / ZONE Cl COUNTY OF TARRANT § 4 \. LINDA WHITE BEFORE ME, on this day personally appeared ____________________ _ ____ ______ V. 7523, P. 850, of Sundance Consolidated, LLC known to me to be the person whose name is subscribed to 153 / D.R.T.C.T, the foregoing instrument, and acknowledged to me that he /she executed the some for the _49 purposes and considerations and in the capacity therein stated. a9' '55" E 12 32 GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of - --- - - - - -_ 2008. 1" IRON PIPE FOUND STREET ZONE Cl T V. 388 —C, P.81, P.R.T.C.T' Z \ 11 c� \ R� y ONE R3 \ BLOCK 9, OAK CREST V. 388 —C, P. 81, P.R.T.C.T. ZONE P.3 4 / `CO BAP,RERA, &ETUX 'iThl BARREP,A AUDREY &KAREN IVEY \ \ 0960, P. 2229; V. P. a This is to Certify that I, Herbert & Beasley, a Registered Professional and surveyor of the State D.R.T.C.T. D.R.T.C.T. of Texas, have surveyed the above described property on the ground, and that all lot corners, 2 1� IRON Roo angle points, and points of curve shall be set after construction and will be 1/2" iron rods 523 / 5 FOUflD capped and stamped "BEASLEY 4050 ". Irons that are damaged , disturbed, or not so marked 29.555" are not original corners. 0 F R TF Herbert 5. Beasley R.P.L.S, `L, STe• ® �°� 6 Texas Registration No. 4050 The P la n n in g and Zoning Commission of/ \ HERBERT S. BEASLEY the City y of of Kennedale, (eras voted / ..,,, .................... .. affirmatively on this — _ - - -___ day of 4050 2008 to \ e!° �o recommend approval of this Plat by the s / \ s V��'°\ City Council. / Re—plat, Plat of \ j L ®t 1 ®!, Block 9, - - - - -- - --- - Com- PARK CREST ----- - - - - -- / Chairman, Plannin and and Zo nin g Cam ission \ ` an addition t® the City of Kennedale, - ------------------ - - - - -- 1�test: Secretary Pianninn� and Zoning Commission Tarrant C oun t y , Texas ; — f 66" o Fdmsfosa o Ls1a 2 and �> B1ac1a B, Oa! Gcest, q Subdlvlfatl of flux flavtd St�tokfand Strrvsy, Tasront Galrcty +, iaxau acnurdklg fo 1ft® pp! ®@ racarded iU Vaturn® 3BB -G, Page ®1, Plot / Raa de, Tareont Gaaanty, Texas, and Lots: 1 -A ticI 7 ®G, B {cck 9 Qak Gresi aFa adc1111ata 4a, Trsrartt GtP�n @�, OD ucauFd(xtg to t, e sattssd p1 z1 rec ded [n elc Urao 3t Ba 5, E' 3a 30, t f "J 2VZ',OR % J Records, To, anl: �aa3niy, Texas c °rtatntnr3 1.245 acre of Iced, - - E .T S BEASLEY LANG SIJR t'(ORS L.P. I J P repare d Fd y 2008 Pa , CG 4 Of 4 - O BOX 8873 % , ZONING CASE DATE: k /4® 2 ad s City Council City of Kennedale Kenne•ale, Texas 76060 Mw ... —j � You are hereby respectfully requested to approve the following request for a change • zoning classification. THIS IS TO CERTIFY THAT -'S IS THE SOLE OWNER(S) OF THE PROPERTY DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B". ON THE DATE OF THIS APPLICATION., Owner Signature Owner Signature JR46 eef eve "'Wd' J'-'j � Notice Details - LEGAL NOTICE NOTICE OF PUBLIC FEARING Th LEGAL NOTICE NOTICE OF PUBLIC HEARING The Kennedale Planning and Zoning Commission will hold a public hearing for each of the following cases on Thursday, May 15, 2008 at 7:00 pm in the City Council Chambers, located at 405 Municipal Drive, Kennedale, Texas 76060. The Kennedale City Council will conduct a second Public Hearing on these matter on Thursday, June 12, 2008 at 7:00 PM in the City Council Chambers. The Planned and Zoning Commission is a recommending body only. The City Council is authorized to approve or deny the requests. Any other information may be acquired by calling (817) 985 -2135. 1). Case #PZ 08 -05 to receive citizen "s comments regarding a request for a zone change of Lot 2 & 3, Block 9 of the Oak Crest Addition in the City of Kennedale, Tarrant County, Texas. The current zoning is "R -3" (Single Family Residential) and the proposed zoning is "C -1 " (Restricted Commercial) as requested by Karl Dennis of Sundance Corrugated LLC. 2) Case #PZ 08 -06 to receive citizen "s comments regarding a request for re -plat of five lots into one with the legal descriptions of the lots being Block 9, Lots 2 & 3, and Block 9, Lots IA, 1 B, ICI, and 1 C2 of the Oak Crest Addition in the City of Kennedale, Tarrant County, Texas. The proposed lot will be 1.245 acres in size with the legal description of Lot 1 -R, Block 9 as requested by Karl Dennis of Sundance Corrugated LLC. 3) Case #PZ 08 -07 to receive citizen "s comments regarding a request for abandonment of ROW which includes a portion of Wrey Crest Road adjacent to Lot 1, Block 1 of Broyls Addition in the City of Kennedale, Tarrant County, Texas as Page 1 of 2 http:// www. legalnotice. org/ pl/ Templates/ PrivatjLabel// popup /PrinterFriendly.aspx ?ID =28... 4/30/2008 Notice Details - requested by Majestic Liquor Store. 4) Case #PZ 08 -08 to receive citizen "s comments regarding a request for a zone change of 1.014 acres with the legal description being Lot 2, Block 1 of the Southwest Crossing Addition in the City of Kennedale, Tarrant County, Texas. The property is located at the corner of Little School Road and US 287. The zoning at the present time is "R- 1 " (Single Family Residential) and is proposed to rezone to "C- 1" (Restricted Commercial) as requested by Matt Cragon on behalf of O "Donald Engineering LLC All interested persons will be allowed to appear and speak at the Public Hearings or may furnish written comments prior to the meeting to the City of Kennedale, 405 Municipal Drive, Kennedale, TX 76060. 29661504 Page 2 of 2 http: / /www.legalnotice.org /pl/ Templates/ PrivateLabel// popup /PrinterFriendly.aspx ?ID =28... 4/30/2008 19 f 20 21 22 23 I a ull M, C 4A 2.26 AC 81 WALNUT ST , ki 1 R 1RIA 12, IRIB VTJI 0, 1R3 $R IBA 2R 16AI IR Inn Feet 400 600 800 1,000 Ell 111111111F 2-11 '0111:111"T Sundance Consolidated LLC Jerry W Bacon Sr 12306 Technology Blvd 6712 Lindale Road Austin, TX 78727 -6103 Fort Worth, TX 76140 -1606 Frankie E and Aileen Wheeler Florence E Tyk 3159 Mims Street 6721 Lindale Road Fort Worth, TX 761 12 -7252 Fort Worth, TX 76140 -1605 Nathaniel James Lyde Harold F Tyk 3555 Royal Lane 6721 Lindale Road Dallas, TX 75229 -5148 Fort Worth, TX 76140 -1605 Douglas Richards Ervin and Sylvia Crutchfield 2255 County Road 285 6713 Lindale Road Liberty Hill, TX 78642 -6028 Kennedale, TX 76060 Reliable Consultants Inc Gerardo and Sara Cruz 11218 N Lamar Blvd 5421 Kennedale Street Austin, TX 78753 -3057 Fort Worth, TX 76140 -1603 Gerardo Cruz Linda Jo Etal White 5413 Kennedale Street 5401 Kennedale Street Fort Worth, TX 76140 -1603 Fort Worth, TX 76140 -1603 E Est Brackeen and S D Phares William A Jones Rr 1 Box 6132 5555 Mitchell Saxon Road Newark, TX 76071 -9801 Fort Worth, TX 76140 -8021 Miles Asa Peabody William A Jones 8513 Michael Street 6735 Manor Drive Fort Worth, TX 76108 -2925 Fort Worth, TX 761 80 -8523 Linda White Salome and Lourdes Garcia 5401 Kennedale St #C 5420 Kennedale Street Fort Worth, TX 76140 -1 603 Fort Worth, TX 76140 -1604 Doug Richards Audrey and Karen Ivey 6605 SE Loop 820 5414 Kennedale Street Fort Worth, TX 76140 -1627 Fort Worth, TX 76140 -1604 Leroy Moore Sr Wenceslao and Ruth Barrera 508 S Fielder Road 5428 Kennedale Street Arlington, TX 7601 3 -1742 Fort Worth, TX 76140 -1604 Claude and Geraldine Swann Oakcrest Family Church Inc 6716 Lindale Road 6741 Oak Crest Drive W Fort Worth, TX 76140 -1606 Fort Worth, TX 76140 -1621 ER ER1° S. LAND SURVEYORS L.P. E,4SLEY -LAND - TOPOGRAPHIC -CONSTRUCTION SURVEYING P. 0. BOX 8873 METRO 817 - 429 -0194 �Q- J 4 t� � FORT WORTH, TEXAS 76124 FAX 817 - 446 -5488 �� Q • AS § V ��� • ,\RRANT § STATE OF TEXAS yA,�? dance Consolidated, LLC acting by and, through the undersigned, its duly V. 3188, P. 286, 0�ck fnt is the sole owner of a tract of land situated in the Davd Strickland Survey, D.R. T.C. T. i Tarrant County, Texas according to the deeds recorded in County Clerks S (,p D207458151 and D2077458152, Deed Records, Tarrant County, Texas and . Articularly described as follows: �38 3, Block 9, Oak Crest, a subdivision of a part of the David Strickland Survey, R= 716.04y. Texas according to the plat recorded in Volume 388 -C, Page 81, Plat Records, L =78.50 y, Texas, and Lots 1 -A through 1 -C Block 9, Oak Crest an addition to Tarrant 3L•.:(.:K '; LC =N 131 according to the revised plat recorded in Volume 388 -55, Page30, Plat Records, v??I`. %R :77.01 y '3813 "•C, P 8 1,ecited hereon are oriented NAD 83 North Central Texas grid. APPRO ATE CITY N BY THESE PRESENTS: STATE OF TEXAS _____ __ ______ of Sundance V. 3188XD.R.T.C.T. Sundance Consolidated, LLC is the legal owner of 7" IRON PfPE cribed land, does hereby adopt the hereinabove described real property as Lot I- FaUND nk Crest an addition to the City of Kennedale, Tarrant County, Texas and does to the public for public use, the streets, alleys, right -of -ways, easements and any OORE SR. Z )reas shown on this plat. DBA L &M MANAGEMENT CO. p " V. 12630, P. 1342, >' Isolidated, LLC D.R.T.C.T. frri 4 ZONE Cl ' ----------------- AI , O DI CAS § ---�� ARRANT § ZONE C1 yn this day personally appeared LEROY MOORE Consolidated, LLC known to me to be the person whose name is subscribed to P. E '. instrument, and acknowledged to me that he /she executed the some for the V. ROY 5141, P. 5 BLOCK J7, considerations and in the capacity therein stated. OAK CR V. 388 -C, MY HAND AND SEAL OF OFFICE on this the -__ -- day of P.R.T.C-- 2008. I IRON PIPE j FOUND I ZONE R3 6 s _ ZONE R3 7 \ Certify that I, Herbert S. Beasley, a Registered Professional and surveyor of the State have surveyed the above described property on the ground, and that all lot corners, Vts, and points of curve shall be set after construction and will be 1/2" iron rods --- stamped "BEASLEY 4050 ". Irons that are damaged , disturbed, or not so marked nginal corners. - -- \ OF .r _ -- E,gFF+ ". Beasley R.P.LS. 8 jistration No. 4050 ..• •.•. ..,,, ",•... .... \ \ HERBERT S. BEASLEY \ ;..0...4050 ,....: .\ % - Re —plat, Plat of Lot 1 —R, Block 9, PARK CREST un to the City of Kennedale, arrant County, Texas, and 3, Block 9. Oak Crest. a S4hdlvIelon of the David Strickland xas according to the plot recorded In Volume 388 -C, Page 81, Plat Texas, and Lots 1 -A through 1 -0, Block 9 Oak Crest an addition to. "ding to the revr"j plot recorded In Volume 388 -55, Page 30, Plat Pexas containing 1.245 acres of land. Prepared Februory, 2008 0 50 100 150 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: June 12, 2008 REGULAR ITEMS: ITEM NUMBER: IX -f MOTION: COUNCIL MEMBERS MOT101Y SECOND AYE I NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN ORDINANCE/RESOLUTION NO. CONTRACT /AGREEMENT FOLLOW UP: CITY SECRETARY'S FOLLOW UP: CARRIED FAILED r- 405 Municipal Drive, Kennedale, Texas 76060 P UBLIC HEARING IX-f . ' s 6705 and 670-9 Lindale Rd. SUBJECT: To receive citizens' comments regarding Planning and Zoning Case #08 -06, Re -Plat of Lots 1A, 1B, 1C1, 1C2, 2, and 3, Block 9, Oak Crest Addition, City of Kennedale, TX to that of Lot 1 -R, Block 9, Oak Crest Addition, City of Kennedale, TX. Re- platted lot will consist of approximately 1.245 acres and is located at 6705 and 6709 Lindale Rd., Kennedale, TX. Requested by Karl Dennis of Sundance Corrugated LLC. 1. NAME: X51 Z ._ _1 1') ' ra t . , 6 > e Z'. Al J ZIP 7 e o I. , NUMBE S /� P DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERING C ❑ AGAINST P&Z Case #08 -06 4. IN REGISTERING, I REPRE SENT: 11 MYSELF 11 THE FOLLOWING PERSON • . GROUPS Subject: PZ Case# 08 -06 Re -plat for Sundance Corrugated LLC Originated y: Larry Hoover, Community Development Specialist Summary: Sundance Corrugated LLC has applied for a Re -plat of Block 9, Lots 2 and 3, and Lots 1A thru 1C of the Oak Crest Addition. The lots are currently zoned Restricted Commercial District "Cl" and Single Family Residential District "R3". The applicant wishes to combine the five lots to allow better use of the property. The Re -plat meets the requirements of the City of Kennedale Code of Ordinances with the exception of the zone change being approved. On May 15 the Planning and Zoning Commission voted 7 -0 to recommend approval of the Re -plat for Sundance Corrugated LLC. Recommendation: Staff recommends approval FIM1115 in Notice Details - CITE' OF KENNEDALE PUBLIC HEARINGS Four public hearings will be held by the City Council of the City of Kennedale, TX at 7:00 P.M. on Thursday, June 12, 2008 in the Kennedale City Hall Council Chambers, 405 Municipal Dr., Kennedale, TX 76060, to receive citizen "s input on the following matters: (1) Planning & Zoning Commission Case #08 -05 - Zone change request for Lots 2 and 3, Block 9, Oak Crest Addition, City of Kennedale, TX from the current zoning classification of "R -3" Single Family Residential District to that of "C -1" Restricted Commercial District. Property is located at 6705 Lindale Rd., Kennedale, TX. Requested by Karl Dennis of Sundance Corrugated LLC; (2) Planning and Zoning Commission Case #08 -06 - Re -plat of Lots 1A, 113, lCl, 1C2, 2 and 3, Block 9, Oak, Crest Addition, City of Kennedale, TX to that of Lot 1 -R, Block 9, Oak Crest Addition, City of Kennedale, TX. Re- platted lot will consist of approximately 1.245 acres and is located at 6705 and 6709 Lindale Rd, Kennedale, TX. Requested by Karl Dennis of Sundance Corrugated LLC; (3) Planning and Zoning Commission Case 08 -07 - Request for abandonment of ROW, which includes a portion of Wrey Crest Road adjacent to Lot 1, Block 1, Broyles Addition, City of Kennedale, TX, as requested by Majestic Liquor Store; (4) Planning and Zoning Commission Case #08 -08 - Zone change request for Lot 2, Block 1, Southwest Crossing Addition, City of Kennedale, TX from the current zoning classification of "R -l" Single Family Residential District to that of "C -1" Restricted Commercial Page 1 of 2 http: / /www.legalnotice. org /pl/ Templates/ PrivateLabel / /popup /PrinterFriendly. aspx ?ID =29... 5/28/2008 Notice Details District. Property is located at the corner of Little School road and US 287. Requested by Matt Cragun on behalf of O" Donald Engineering LLC. All interested persons are encouraged to attend and will be afforded the opportunity to speak. City of Kennedale, Kathy Turner, City Secretary 29742556 Page 2 of 2 J APPLICANT NAME: Karl Dennis SUB - DIVISION NAME: Oak DATE: . 1 LEGAL DESCRIPTION: Lots 2 & 3, Block 9, Oak Crest & Lots 1 -A thru 1 -C Block 9 Oak Crest ACRES: 1.245 CURRENT ZONING: C1 & R3 PROPOSED ZONING: C1 BEING PLATTED AS: LOTS: 1 -R BLOCKS: 9 PHASES: OWNER OF RECORD: Sunda nce Corrugated LCC ADDRESS: 12306 Technology BIVd. ' PHONE: 512 -219 -4414 C.j0 j_ qSgrgt� CITY: Austin STATE: Texas ZIP: 78727 SURVEYOR: Herbert S. Beasley Land Surveyors L.P. ADDRESS: PA Sox 8873 PHONE: 817- 429 -0194 CITY: Fort Worth STATE: Texas ZIP: 76124 ENGINEER: ADDRESS: PHONE: CITY: STATE: ZIP: DEVELOPER: Record Owner ADDRESS: PHONE: CITY: STATE: ZIP: d APPLICANT SIGNATURE: DATE: _ a L� OWNER SIGNATURE: DATE: SURVEYOR SIGNATURE: DATE: ® ENGINEER SIGNATURE: DATE: DEVELOPER SIGNATURE: DATE: ��y {e of #nned City <.e.v � P z; z�e; . m : ( : [ [ : / List : y : Notice Details - LEGAL NOTICE NOTICE OF PUBLIC HEARING Th LEGAL NOTICE NOTICE OF PUBLIC HEARING The Kennedale Planning and Zoning Commission will hold a public hearing for each of the following cases on Thursday, May 15, 2008 at 7:00 pm in the City Council Chambers, located at 405 Municipal Drive, Kennedale, Texas 76060. The Kennedale City Council will conduct a second Public Hearing on these matter on Thursday, June 12, 2008 at 7:00 PM in the City Council Chambers. The Planned and Zoning Commission is a recommending body only. The City Council is authorized to approve or deny the requests. Any other information may be acquired by calling (817) 985 -2135. 1). Case #PZ 08 -05 to receive citizen "s comments regarding a request for a zone change of Lot 2 & 3, Block 9 of the Oak Crest Addition in the City of Kennedale, Tarrant County, Texas. The current zoning is "R -3" (Single Family Residential) and the proposed zoning is "C -1" (Restricted Commercial) as requested by Karl Dennis of Sundance Corrugated LLC. 2) Case #PZ 08 -06 to receive citizen "s comments regarding a request for re -plat of five lots into one with the legal descriptions of the lots being Block 9, Lots 2 & 3, and Block 9, Lots IA, IB, ICI, and 1C2 of the Oak Crest Addition in the City of Kennedale, Tarrant County, Texas. The proposed lot will be 1.245 acres in size with the legal description of Lot 1 -R, Block 9 as requested by Karl Dennis of Sundance Corrugated LLC. 3) Case #PZ 08 -07 to receive citizen "s comments regarding a request for abandonment of ROW which includes a portion of Wrey Crest Road adjacent to Lot 1, Block I of Broyls Addition in the City of Kennedale, Tarrant County, Texas as Page 1 of 2 http : / /www.legalnotice.org /p UTemplates/ PrivateLabel / /PopupIPrinterFriend ly. aspx ?ID =28... 4/30/2008 Notice Details - requested by Majestic Liquor Store. 4) Case #PZ 08 -08 to receive citizen "s comments regarding a request for a zone change of 1.014 acres with the legal description being Lot 2, Block 1 of the Southwest Crossing Addition in the City of Kennedale, Tarrant County, Texas. The property is located at the corner of Little School Road and US 287. The zoning at the present time is "R- 1" (Single Family Residential) and is proposed to rezone to "C- 1" (Restricted Commercial) as requested by Matt Cragon on behalf of O "Donald Engineering LLC All interested persons will be allowed to appear and speak at the Public Hearings or may furnish written comments prior to the meeting to the City of Kennedale, 405 Municipal Drive, Kennedale, TX 76060. 29661504 Page 2 of 2 http: / /www.legalnotice.org /pl/ Templates /PrivateLabel // popup /PrinterFriendly.aspx ?ID =2 8... 4/30/2008 1 �^ 11B 2 "Y 9 : 126 27 / 7 ` 10A _ \138 26 1" 11A ti d' 1 ti 12A 25 N 13A N 14 24 15 15A 16 4 23 1A 17 �c 4 14 - 5 22 — 1 Q 6 21 19A 2 12 7 18 24 6 3 ��, 11 8 17 / _ 23 4 �, 10 20 16 t �� 9 8 22 . ��' S 15 % � d 21 r 6 t 9 21 7 8A 6 14 22 g 13 10 2t1 23 1 ti 10A 10B S) 1R1A La 1R1B 4A 2.26 AC 8f WALNUT ST j 1R2 O N MIA III NEEKI T ti, 11 1 R3 � ' $R 16A 2R Z 1R 16A1 ti Feet 400 600 600 1,000 61 "3 ;I! 'f V P ¢1a, �� Sundance Consolidated LLC Jerry W Bacon Sr 12306 Technology Blvd 6712 Lindale Road Austin, TX 78727 -6103 Fort Worth, TX 76140 -1606 Frankie E and Aileen Wheeler Florence E Tyk 3159 Mims Street 6721 Lindale Road Fort Worth, TX 76112 -7252 Fort Worth, TX 76140 -1605 Nathaniel James Lyde Harold F Tyk 3555 Royal Lane 6721 Lindale Road Dallas, TX 75229 -5148 Fort Worth, TX 76140 -1605 Douglas Richards Ervin and Sylvia Crutchfield 2255 County Road 285 6713 Lindale Road Liberty Hill, TX 78642 -6028 Kennedale, TX 76060 Reliable Consultants Inc Gerardo and Sara Cruz 11218 N Lamar Blvd 5421 Kennedale Street Austin, TX 78753 -3057 Fort Worth, TX 76140 -1603 Gerardo Cruz Linda Jo Etal White 5413 Kennedale Street 5401 Kennedale Street Fort Worth, TX 76140 -1603 Fort Worth, TX 76140 -1603 E Est Brackeen and S D Phares William A Jones Rr 1 Box 6132 5555 Mitchell Saxon Road Newark, TX 76071 -9801 Fort Worth, TX 76140 -8021 Miles Asa Peabody William A Jones 8513 Michael Street 6735 Manor Drive Fort Worth, TX 76108 -2925 Fort Worth, TX 76180 -8523 Linda White Salome and Lourdes Garcia 5401 Kennedale St #C 5420 Kennedale Street Fort Worth, TX 76140 -1 603 Fort Worth, TX 76140 -1604 Doug Richards Audrey and Karen Ivey 6605 SE Loop 820 5414 Kennedale Street Fort Worth, TX 76140 -1 627 Fort Worth, TX 76140 -1604 Leroy Moore Sr Wenceslao and Ruth Barrera 508 S Fielder Road 5428 Kennedale Street Arlington, TX 76013 -1742 Fort Worth, TX 76140 -1604 Claude and Geraldine Swann Oakcrest Family Church Inc 6716 Lindale Road 6741 Oak Crest Drive W Fort Worth, TX 76140 -1 606 Fort Worth, TX 76140 -1621 Sundance Corrugated LCC C/O Karl Dennis 1230• Technology BLVD Austin, Texas 78727 Mr. Karl Dennis, The City Staff has reviewed your proposed replat that you submitted on March 12, 2008 and offer the following comments for correction before this plat can be presented to the Planning and Zoning Commission. I 1 0 1 . Sincerely Yours, Larry Hoover IF CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: June 12, 2008 REGULAR ITEMS: ITEM NUMBER: IX -g MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. Ordinance No. 402 CARRIED —0 CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: I w� r 405 Municipal Drive, Kennedale, Texas 76060 H PUBLIC SIGN-IN SIGN-IN FO port P&Z Case 08-07 Abandoning a - . (Wrey C rest SUBJECT: To receive citizens' comments regarding Planning and Zoning Case #08 -07, Request for abandoning a portion of Wrey Crest Road adjacent to Lot 1, Block 1, Broyles Addition, City of Kennedale, Kennedale, TX, as requested by Majestic Liquor Store. �DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. I AM REGISTERINGX FOR ❑ AGAINST P &Z Case #08 -07 4. IN REGISTERING, I REPRE SENT: 0 MYSELF XTHE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: fY) 4 J s'y C I. d 0 d 6 rz S `i o 2 z S/ PC 5. THEIR BUSINESS ADDRESS IS: S A-ro C 4S 40 VV 6- SIGNATURE: `�� DATE: June 12, 2008 • I P - �@ NP Subject: PZ Case# 08 -07 Abandonment of ROW Originated by: Larry Hoover, Community Development Specialist Summary: Majestic Liquor Store is requesting an abandonment of ROW which includes a portion of Wrey Crest Road adjacent to Lot 1, Block 1 of Broyles Addition in the City of Kennedale, Tarrant County, Texas. Since February of 1997 discussions have continued over the abandonment of Wrey Crest Road. About that time, the City Council had conceptually approved Majestic's plan to utilize a portion of Wrey Crest Road right -of -way for its parking lot and driveway, however the City never vacated the northern portion of Wrey Crest Road. Instead, In May 14, 1998 the Southern portion of Wrey Crest Road right -of -way was vacated and later sold to Harry Freeman of Freeman Family Trust, the process took two and a half years to complete. In March of 2007 Mr. Ben Lanford wrote Mr. White requesting once again the abandonment of Wrey Crest Road. This is due to the difficulty in completing a sale and lease back of their property until they can prove that the portion of Wrey Crest Road is either owned or under their long -term control. Mr. Bob Hart recently made an offer for fair market value to Mr. Ben Lanford for the abandonment of ROW. On May 15 the Planning and Zoning Commission voted 7 -0 to recommend approval of the abandonment of Right of Way of the northern portion of Wrey Crest Road. Recommendation: Staff recommends approval Notice Details - CITY OF KENNEDALE PUBLIC HEARINGS Fou CITY OF KENNEDALE PUBLIC HEARINGS Four public hearings will be held by the City Council of the City of Kennedale, TX at 7:00 P.M. on Thursday, June 12, 2008 in the Kennedale City Hall Council Chambers, 405 Municipal Dr., Kennedale, TX 76060, to receive citizen "s input on the following matters: (1) Planning & Zoning Commission Case #08 -05 - Zone change request for Lots 2 and 3, Block 9, Oak Crest Addition, City of Kennedale, TX from the current zoning classification of "R -3" Single Family Residential District to that of "C -1" Restricted Commercial District. Property is located at 6705 Lindale Rd., Kennedale, TX. Requested by Karl Dennis of Sundance Corrugated LLC; (2) Planning and Zoning Commission Case 408 -06 - Re -plat of Lots IA, 1B, 1C1, 1C2, 2 and 3, Block 9, Oak Crest Addition, City of Kennedale, TX to that of Lot 1 -R, Block 9, Oak Crest Addition, City of Kennedale, TX. Re- platted lot will consist of approximately 1.245 acres and is located at 6705 and 6709 Lindale Rd, Kennedale, TX. Requested by Karl Dennis of Sundance Corrugated LLC; (3) Planning and Zoning Commission Case #08 -07 - Request for abandonment of ROW, which includes a portion of Wrey Crest Road adjacent to Lot 1, Block 1, Broyles Addition, City of Kennedale, TX, as requested by Majestic Liquor Store; (4) Planning and Zoning Commission Case #08 -08 - Zone change request for Lot 2, Block 1, Southwest Crossing Addition, City of Kennedale, TX from the current zoning classification of "R -1" Single Family Residential District to that of "C -1" Restricted Commercial Page 1 of 2 http: / /www.legalnotice.org /pl/ Templates/ PrivateLabel / /popup /PrinterFriendly. aspx ?ID =29... 5/28/2008 Notice Details - District. Property is located at the corner of Little School Road and US 287. Requested by Matt Cragun on behalf of O "Donald Engineering LLC. All interested persons are encouraged to attend and will be afforded the opportunity to speak. City of Kennedale, Kathy Turner, City Secretary 29742556 Page 2 of 2 http: / /www.legalnotice. org /pl/ Templates/ PrivateLabel / /popup /PrinterFriendly. aspx ?ID =29... 5/28/2008 WHEREAS, the City of Kennedale, Texas is a home ruse city acting under its charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Kennedale, after careful study and consideration, has determined thatthe right -of -way located in a portion ofWrey Crest Road is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefitted by its vacation and abandonment; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right -of -way, the City desires to execute a quitclaim deed releasing all title, ownership and control in said right -of -way to Majestic Texas Properties, L.P., the owner of the abutting property under the terms and conditions set forth in the i M I M M __ IT That portion of Wrey Crest Road described in Exhibit "A" and further depicted on WAKennedale \oRDINANC \Vacate Wray Crest Road row.wpd (04- 02 -08) Page 1 NIP MOR so vacated and abandoned shall revert in fee simple to Majestic Texas Properties, L.P., the owner of the abutting property. The Mayor of the City of Kennedale, Texas, is hereby authorized and directed to execute a quitclaim deed to Majestic Texas Properties, L.P., the abutting property owner, in the form shown in Exhibit "C" releasing all claims to title, ownership, or control of the right -of -way on the behalf of the City of Kennedale, Texas. A copy of this quitclaim deed shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. . It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph orsection of this ordinance shall be declared unconstitutional by' the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section, r so ordained. WAKennedale\ORDINANIOWacate Wrey Crest Road row.wpd (04- 02 -08) Page 2 F .. Mayor UANA41 City Secretary City Attorney WAKennedaleNORDINANCWacate Wrey Crest Road row,wpd (04- 02 -08) Page 3 WAKennedaMORDINANWacate Wrey Crest Road row.wpd (04- 02 -08) Page 4 Of a Portion Road Broyles Addition A tract of land out of the David Strickland Survey, Abstract Number 1376, Tarrant County, Texas, and being a portion of Wrey -Crest Road (also known as County Road Number 1010) right-of-way, adjacent to Lot 1, Block 1, Broyles Addition, to the City of Kennedale, Texas, according to plat recorded in Cabinet 13, Slide 443, Plat Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING at a mark' X" found in concrete for the southwest corner of said Loo and being the northwest corner of Lot 1, Block 1, U J. Freeman Addition, to the City of Kennedale, Texas, according to plat recorded in Cabinet A, Slide 8450, Plat Records, Tarrant County, Texas, and being in the east right - of-way of Wroy -Crest Road; THENCE: North 89 degrees 29 minutes 46 seconds West, 19.23 feet, to the centerline of Wrey -Crest Road; THENCE; with said centerline, North 00 degrees 25 minutes 16 seconds East, 65.15 feet; THENCE South 88 degrees 41 minutes 06 seconds West, 19.45 feet, to a mark " .V' cut in the west right - of -way of said Road, for the southeast corner of that certain tract of land out of said Survey, described by deed recorded at Instrument Number D205044510, of the Deed Records, Tarrant County, Texas; with said right -of -way and said east line, North 00 degrees 03 minutes 58 seconds West, 64.53 feet, to the northeast corner of said Lot, and being the southeast corner of that certain tract of land out of said Survey, described in Instrument Number 205044510 of the Deed Records of Tarrant County, Texas; THENCE; with said right-of-way and the east line of said tract, North 00 degrees 24 minutes 09 seconds East, 108.80 feet, to a mark "X" found for the northeast corner of said tract, and being in the southeasterly right-of-way of Interstate Highway 20; THENCE: with said southeasterly right -of- -way, North 45 degrees 07 minutes 06 seconds East, 55.48 feet, to a red capped 5/8" iron rod stamped'Wansen 4786" found at the northwest comer of said Lot 1, Block 1, Broyles Addition; THENCE; with said west right -of -way and the west lime of said Lot, South 00 degrees 30 minutes 14 seconds West, 212.84 feet, to the Place of Beginning, and containing some 6328 square feet (0.14 acres) of land, more or less. Surveyed on the ground in April 2006 Bearing Base: Per record for the west line of said Lot 1, Block 1, Broyles Addition, being South 00 degrees 30 minutes 14 seconds West, and monumeuwd by a red capped 518" iron rod SuRaPM ``Hans 4786" found at its north end, and a mark ".V" in concrete found at its south end. Note: in accordance with Texas Board of Professional Land Surveying, General Rules of Procedures W Practices, 663.19(8), this "report" consists of the herein Real Property Description, and a map of snxvey Being attached herewith. This dewription pa to describe the vacation by the City of K.elmodale of the above described portion of Wrey -Crest Road. m pulmm W:\Kennedale \ORDINANC \Vacate Wrey Crest Road row.wpd (04- 02 -08) Page 5 LEGEND EUSTRVG OWNERSHIP PROM. REVERSION INTEREST IN WREY CREST ROAD EXISTING ACCESS TO ADJACENT PROPERTIES AND PROPOSED FIRE LANE AND INGRESS do EGRESS PA C! . KENNEDALE, TEXAS P NO SCALE mm Leda e t l+ra =d--1 Lena S -Fmlor 14M 11505 D rk Legit ca S 14R woo 7exae 78155 (817) 258 -OUSE N0794 In sa..rd.w.e with the Tes.e B..rd of PwfaWonsl lend SwTvvift Goners! &slog of PMOdnreY end PreCt(eer, 003,10(8), thfo report° is of tho mop as shown horoon and zocf p"mrRD d.r¢rlpU m baled ettwched homwlth. SCALD' 4 "= 50' IQC' mv, vetA f--I PM PLAT d B8� s "s 9$D � vISl p � P OCA - z 1 ,pp 4 1 i ,(.,. G � o, 0 � %WUH 4786' o Nt A to i N w LOT 1 -& L QCx x P; r a `4 4 4 P.l7,P,G.fl 411 {Wd� NARK 'X• IN CONCRETE tl%IND IW � p � S 8 ,+ 19.45' i P D. NARK 'X• CUT �. I R1 iIX�M M CEWRETE IQC' mv, vetA f--I PM PLAT d B8� s "s 9$D � vISl p � P OCA - z 1 ,pp 4 1 i ,(.,. G � o, w all WAKennedaMORDINANC1Vacate Wrey Crest Road row.wpd (04- 02 -08) Page 6 STATE OF TEXAS § KNOW ALL MEN BY THESE RESENTS: COUNTY OF TA NT § strike Notice of Confidentiality Rights: If you are a natural person, you mam any of the following information tefore it is filed for record in the public records: your Soc al Securil Number or your Driver's Number. For and in consideration of the sum of Dollars ($ _ ) and other good and valuable consideration, the City of Kennedale ( "Grantor ") does hereby bargain, sell, convey and quitclaim unto MajesticTexas Properties, L.P. ( "Grantee "), whose address is 2125 Sutton Place, Plano Texas 75093 -4323 all of Grantor's right, title and interest in and to that certain right of way and land (the "Property ") described in Exhibit A and shown on Exhibit B attached hereto and incorporated herein. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the Property, together with all and singular the rights and appurtenances belonging in anyway to Grantor, unto Grantee, its successors and assigns forever, and neither Grantor nor Grantor's heirs, personal representatives, successors or assigns shall have, claim or demand any right, title or interest in all or any part of the Property. EXECUTED this day of • r Bryan Lankhorst, Mayor WAKennedafe \Deeds \Quitclaim. Wrey Crest Roadmpd Page 1 STATE OF TEXAS COUNTY BEFORE M, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Bryan Lankhorst, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of the City of Kennedale for the purposes and consideration expressed therein. GIVEN UNDER W HAND AND SEAL OF OFFICE, this dayof , 2008. (SEAL) Notary Public, State of Texas WAKennedale \Deeds \Quitclaim. Wrey Crest Road,wpd Page 2 Notice Details - LEGAL NOTICE NOTICE OF PUBLIC HEARING Th LEGAL NOTICE NOTICE OF PUBLIC HEARING The Kennedale Planning and Zoning Commission will hold a public hearing for each of the following cases on Thursday, May 15, 2008 at 7:00 pm in the City Council Chambers, located at 405 Municipal Drive, Kennedale, Texas 76060. The Kennedale City Council will conduct a second Public Hearing on these matter on Thursday, June 12, 2008 at 7:00 PM in the City Council Chambers. The Planned and Zoning Commission is a recommending body only. The City Council is authorized to approve or deny the requests. Any other information may be acquired by calling (817) 985 -2135. 1). Case #PZ 08 -05 to receive citizen "s comments regarding a request for a zone change of Lot 2 & 3, Block 9 of the Oak Crest Addition in the City of Kennedale, Tarrant County, Texas. The current zoning is "R -3" (Single Family Residential) and the proposed zoning is "C -1" (Restricted Commercial) as requested by Karl Dennis of Sundance Corrugated LLC. 2) Case #PZ 08 -06 to receive citizen "s comments regarding a request for re -plat of five lots into one with the legal descriptions of the lots being Block 9, Lots 2 & 3, and Block 9, Lots IA, 113, ICI, and 1 C2 of the Oak Crest Addition in the City of Kennedale, Tarrant County, Texas. The proposed lot will be 1.245 acres in size with the legal description of Lot 1 -R, Block 9 as requested by Karl Dennis of Sundance Corrugated LLC. 3) Case #PZ 08 -07 to receive citizen "s comments regarding a request for abandonment of ROW which includes a portion of Wrey Crest Road adjacent to Lot 1, Block 1 of Broyls Addition in the City of Kennedale, Tarrant County, Texas as Page 1 of 2 http: / /www.legainotice.org /pl/ Templates/ PrivateLabel// popuplPrinterFriendly.aspx ?ID =2 8... 4/30/2008 Notice Details - requested by Majestic Liquor Store. 4) Case #PZ 08 -08 to receive citizen "s comments regarding a request for a zone change of 1.014 acres with the legal description being Lot 2, Block 1 of the Southwest Crossing Addition in the City of Kennedale, Tarrant County, Texas. The property is located at the corner of Little School Road and US 287. The zoning at the present time is "R- 1" (Single Family Residential) and is proposed to rezone to "C- 1" (Restricted Commercial) as requested by Matt Cragon on behalf of O "Donald Engineering LLC All interested persons will be allowed to appear and speak at the Public Hearings or may furnish written comments prior to the meeting to the City of Kennedale, 405 Municipal Drive, Kennedale, TX 76060. 29661504 Page 2 of 2 http: / /www.legalnotice.org /pl/ Templates /PrivateLabel/ /popup /PrinterFriendly.aspx ?ID =2 8... 4/30/2008 �jT z � N IR A y 1 B ' 1A ' 2p 2A 3 �3 4 28 �9 ® o 1 R1. " 1 7 @ �ry 3 � i�� 3 �., bowl s b` �R 3g " 5B 5 6 7 10B i I b MIN w c WAL NUT ST || 8RI 5 IR2 IRM IRIB 10 IR3 3R l| � � © � 6A w 1 i p ] ' u 2R 1R 16AI 777=t. I IAP a y� Feet 400 600 §0 LEGEND EXISTING OWNERSHIP REVERSION TO MAJESTIC PURPLP=- UAJES'Tl ' PROPa ED L'4.0' ardll)F FIRE LATE ANIJ ING. S' & RGRE&S PARCELS k ��� / Q � � ° � • ° � I n3°rc s3oaa v•ev° s• s I I IpL. APPA 'rr M c� a I I ° v COk XdY PY &.P. ycaP __' / P ffi /TISP hU. 3dfita, A &uP.C,ff. 1I(�iIIIIIiI FW AP A F o�N M N C I T ar ° se sa inn• RRV. F J p p pp �ry 4 PER PLAT r `l \� 0 I 4 Lor q � R2lc Y s® ' 14Y [6D6 P Y �• V � ® � 'w Yl M01 r y ®.IId.9Ai9, Pd10 f+R ,S'. t'.,T NO SCALE Real Property Description O Portion Road (fir Broyles Addition A tract of land out of the David Strickland Survey, Abstract Number 1376, Tarrant County, Texas, and being a portion of Wrey -Crest Road (also known as County Road Number 10 10) right -of -way, adjacent to Lot 1, Block 1, Broyles Addition, to the City of Kennedale, Texas, according to plat recorded in Cabinet B, Slide 443, Plat Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING at a mark "X" found in concrete for the southwest corner of said Lot, and being the northwest corner of Lot 1, Block 1, M. J. Freeman Addition, to the City of Kennedale, Texas, according to plat recorded in Cabinet A, Slide 8450, Plat Records, Tarrant County, Texas, and being in the east right- of-way of Wrey -Crest Road; THENCE: North 89 degrees 29 minutes 46 seconds West, 38.18 feet, to a mark "X" out in the west right-of-way of Wrey -Crest Road, and being in the east line of said Lot 1, Block 1, Dunlap Subdivision, to the City of Kennedale, Texas, according to plat recorded in Volume 388 -207, Page 97, Plat Records, Tarrant County, Texas; THENCE; with said right-of-way and said east line, North 00 degrees 03 minutes 58 seconds West, 64;53 feet, to the northeast comer of said Lot, and being the southeast corner of that certain tract of land out of said Survey, described in Instrument Number 205044510 THENCE; continuing with said right-of-way and the east line of said tract, North 00 degrees 24 minutes 09 seconds East, 108.80 feet, to a mark 'W found for the northeast corner of said tract, and being in the southeasterly right-of-way of Interstate Highway 20; THENCE: with said southeasterly right -of -way, North 45 degrees 07 minutes 06 seconds East, 55.48 feet, to a red capped 5/8" iron rod stamped "Hansen 4786" found at the northwest corner of said Lot 1, Block 1, Broyles Addition; THENCE; with said west right-of-way and the west line of said Lot, South 00 degrees 30 minutes 14 seconds West, 212.84 feet, to the Place of Be ginning , and containing some 7481 square feet (0.17 acres) of land, more or less. Surveyed on the ground in April 2006 Bearing Base: Per record for the west line of said Lot 1, Block 1, Broyles Addition, being South 00 degrees 30 minutes 14 seconds West, and monumented by a red capped 5/8" iron rod stamped "Hansen 4786" found at its north end, and a mark' X" in concrete found at its south end. Note: In accordance with Texas Board. of Professional Land Surveying, General Rules of Procedures and Practices, 663.19(g), this "report" consists of the herein Real Property Description, and a map of survey being attached herewith. This description prepared to describe the vacation by the City of Kennedale of the above of Wrey -Crest Road. O P ortion 1n, Road A djacent r Bl J� -. (1� of Dunlap Subdivision A tract of land out of the David Strickland Survey, Abstract Number 1376, Tarrant County, Texas, and being a portion of Wrey -Crest Road (also known as County Road Number 1010) right -of -way, adjacent to Lot 1, Block 1, Dunlap Subdivision, to the City of Kennedale, Texas, according to plat recorded in Volume 388 -206, Page 97, Plat Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING at the a marls "Y' found in concrete for the northeast coiner of said Lot, and being the southeast corner of that certain tract of land out of said Survey, described in Instrument Number 205044510, and being in the west right -of -way of Wrey «Crest Road; THENCE: North 88 degrees 41 minutes 06 seconds East, 19.45 feet, to the centerline of said Road; THENCE: with said centerline, South 00 degrees 25 minutes 16 seconds West, 65.15 feet, to its intersection with the south line of Lot 1, Block 1, Broyles Addition, to the City of Kennedale, Texas, according to plat recorded in Cabinet B, Slide 443, Plat Records, Tarrant County, Texas, projected west; THENCE: with said projection, North 89 degrees 29 minutes 46 seconds West, 18.89 feet, to a mark "X" cut at its intersection with the east line of said Lot 1, Block 1, Dunlap Subdivision; THENCE; with said east line, North 00 degrees 03 minutes 58 seconds West, 64.53 feet, to the Place of Beginning, and containing some 1243 square feet (0.03 acres) of land, more or less. Surveyed on the ground in April 2006 Bearing Base: Per record for the west line of said Lot 1, Block 1, Broyles Addition, being South 00 degrees 30 minutes 14 seconds West, and monumented by a red capped 518" iron rod stamped "Hansen 4786" found at its north end, and a mark "X" in concrete found at its south end. Note: In accordance with Texas Board of Professional Land Surveying, General Rules of Procedures and Practices, 663.19(g), this "report" consists of the herein Real Property Description, and a map of survey being attached herewith. This description prepared to describe any reversionary interest in the above described tract to be released by Dukes Petroleum, M W: \Kennedale \MEMOS \Wrey Crest Road Chronology.wpd I Page 1 February 5, 1997 A proposal for Majestic Liquor Store (James Legett) was pending in order for Majestic to use a portion of Wrey Crest Road for construction of a parking lot in connection with its new proposed liquor store and to utilize the southern portion of Wrey Crest Road where it intersects with HWY 287 for driveway access to 287. It was noted that Showtime Cabaret owned the property on either side of Wrey Crest Road and actually owned part of the area of Wrey Crest Road. July 21, 1997 James Leggett and Harry Freeman enter into an agreement authorizing Majestic to begin construction of its driveway on the south portion of Wrey Crest Road which was on property owned by Showtime. This was done in anticipation of an agreement that was being negotiated between the City and Freeman Family Trust to swap. property whereby the City would become the owner of the property encompassing Wrey Crest Road. October 8, 1997 Michael Box indicated that the southern portion of Wrey Crest Road was determined to be owned by the State of Texas and the City was having trouble negotiating with the State for them to sell the property to the City. The State's policy was to only sell the property to the abutting property owner. October 15, 1997 Ted Rowe indicated that he was still negotiating with the State to acquire the property owned by the State of Texas. Ted indicated that the State right -of -way was in a different location from where Wrey Crest Road actually had been constructed. Ted Rowe had engaged a surveyor, Louis B. Hanson, to survey the pertinent tracts of land around Wrey Crest Road and had determined that Tract 7 was the tract of land that the City would be willing to convey to Showtime Cabaret and still allow the City to retain enough land to the south to keep right -of -way for the new Wrey Crest Road /Majestic drivewaythat was being proposed. Tract 7 was proposed to be exchanged with Showtime for Tract 6, which was mostly south of the existing Wrey Crest Road. November 13,1997 Kennedale adopted a resolution requesting Texas Transportation Commission to transfer jurisdiction and maintenance of Wrey Crest Road to Kennedale. February 24, 1998 Tarrant County adopts a resolution requesting the Texas Transportation Commission to transfer jurisdiction of Wrey Crest Road to Kennedale. March 30, 1998 Texas Transportation Commission adopts minute order cancelling the Wrey Crest Road right -of -way. W: \Kennedale \MEMOS \Wrey Crest Road Chronology.wpd I Page 1 7777 — E JEN May 14,1998 Kennedale adopts an ordinance vacating a portion of Wrey Crest Road which was approximately 4,102.9 sq. ft. of land, being just over %2 of the amount of right-of-way vacated by TxDOT. May 26, 1998 A contract of sale and exchange was executed between the Freeman Family Trust and the City of Kennedale, exchanging Tract 6 to the City of Kennedale in exchange for Tract 7 to Showtime. Part of Showtime's building was within the boundaries of Tract 7, so this was an important exchange for them. April 8, 1999 1 communicated with Ted Rowe that we had been contacted by the title company handling the closing of the Freeman Family Trust property exchange regarding an issue over Wrey Crest Road. The Wrey Crest Road property was acquired by Tarrant County by two separate deeds dating back to 1931 and 1932. These deeds sold the propertyto Tarrant County "for right-of-way required for the approved new location of the Fort Worth - Mansfield public road, being State Highway No. 34 . . .." The deeds also stated that "it is understood that the State and County contemplate the construction of a public road on the land herein conveyed . . .." Even so, the actual deeds conveyed fee simple title in the name of Tarrant County. As noted above, Tarrant County had adopted a resolution requesting the Texas Transportation Commission to relinquish control over the property to Kennedale; thereby transferring jurisdiction and maintenance responsibilities. Because we did not actually have a deed from Tarrant County to Kennedale, this was a title issue that needed to be cleared up. Further, Tarrant County took the position that the property could only be used for,"public use", otherwise title could not be transferred to Kennedale. June 15, 1999 Tarrant County executes a deed without warranty conveying Tract 7 to the City. June 16, 1999 Tarrant County faxed to us a resolution and order conveying a .094 acre tract of land to the City of Kennedale for the public purpose of continuing the operation and maintenance of Wrey Crest Road. This presumably Covers Tract 7 that was exchanged with Showtime. June 30, 1999 The City of Kennedale ex ' ecutes a warranty deed conveying Tract 7 to the Freeman Family Trust, subject to a ten foot water line easement. The Freeman Family Trust executes a warranty deed to the City of Kennedale for Tract 6. WAKennedaIMEMOS\Wrey Crest Road Chronologymp(, Page 2 OL'11711J - 00 WGU lu'u't t nvILI t 11.0 tt till tu6.I lull I 11ul 11VI va i +✓ � + a V THE STATE OF TEXAS COUNTY OF TARRANT WHEREAS, the City of Kennedale constructed Wrey Crest Road for a public access way from BS 287 to the 1 frontage road adjacent to a 0,094 of an acre of land owned by Tarrant County; WHEREAS, Tarrant County acquired the .094 of an acre tract of land for the construction of BU 267, old Fort Worth - Mansfield Highway, said land being conveyed to Tarrant County by 'instruments recorded in Volume 1154, Page 515, and Volume 1163, Page 203, Deeds„ Records, Tarrant County, Texas WHEREAS, the Texas Transportation Commission by minute order 107463 determined that a part of the property including the °094 of an acre of land was no longer needed as a part of the State Highway System; WHEREAS, The Commissioners Court of Tarrant County passed resolution No. 77961, dated February 24, 1998 requesting that portion of BU Highway 267, be removed from the State Highway System and jurisdiction and maintenance responsibilities be transferred to the City of Kennedale; ' VU{1 14 VV P1LV av VV � ••�daea • auv •••••••.d•d+••• -•••• • ••• ..•+. .-e `•— - � � -^ The ABOVE has been assigned Court Order No: zp and is recorded in Volume Page of the Commissioners Court Minutes. �-. 9 • YOMI K* JUK-18 -99 F _ R I 10:52 F A O I L I I I E S PIANAGENEM' MA NU, e 1 l STATE OF TEXAS COUNTY O F TARRANT Grantor: Grantee: Grantee's hailing Address: i �4 sm Tarrant County, Texas Tarrant County Administration Building 1 00 E Weathe For Worth, Texas 7619 City of Kennedale, Texas Kennedale City Hall 209 N. New H ope Road Kenn-dale, Texas 7606 See Exhibit 'A," attached her and incorporated by r efe renc e Reservations From and Exceptions to Conveyance: Grantor, for the consideration above and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in § 5,023 of the Texas Property Code (or its successor) are excluded. E r, ue- STATE O. I30ORE ME, he Luidersigned authority, on this day Tarrant Couilty Judge, know to me to be person whose naine is to he forre n om! i nstrurnent, acid acknowledged to me that he h m as read the foregoing instrument, is authorized to execute this instrument, and that he executed the same for the purposes and consideration theraiii expressed. GI VEN L NDF-R My 14A-ND AND SEAL OF OFFICE on his `® day of June, 1999, R c - Tb 4'r) - T - 6 -, My Cornin Expires: _ O- .L 20 !„:RACE C. RHOOEN Notary Pubjlc s TATS of rExas My Comm FXP- 021 2012001 I - 0 , iN 'I (-�'c®a- E�� • - n . -�O 1 � -� =- �� feet ( recorde the Northwest comer o r ;Sa jd secOnds East 42.07 feet of ffi V O ) urnLt , 6972, page 1587, 0 iR�dk "�iP1�R�J® CRft°®�g lq ®66Ik n7 lead v� TO 1 ww JU.N ®18 -99 FRI 10 FACILITIES MANAGEMENT Y e. f A th , a e a FAX N0, 817 894 1176 P.04 i i r i t e 1 I P i B!a �o m J UN 0 r K 1 1 U , Oaf f hill 1 L l t 1 GJ 1 It'IIYI'1UM ICIY 1 C nA IlUo O f f OOH 1 1 f O f, UO TAYLOR • THROCKMORTON 03400 WORTH FT - W A R N I N C °T'HTS is PART OF THE OFFICIAL RECORD -D 0 N 0 T D E S T R 0 INSTRUMENT' FEECD D199156418 WD T O T A L: DOCUMENTS: 01 INDEXED T114E 19990619 10:47 NC F E E S: 0.,00 MEMORANbUM T®: Kennedale: Freeman FamilyTrust: WreyCrest Road (Summary and Memos) e pro o. c y o 000OO�Yo�c o ®® for oo roc o ®moo ;oo� c 'i Ben Lanf 817-917 Li Majestic P. Box 9540 F ort Worth TX 7614 I spoke with Ben Lanford on April 18, 2005 regarding this matter. Ben and I basically recalled what was occurring back in 1997, 1998, and 1999 with regard to the land swap between Kennedale and Freeman Family Trust in the development of the Majestic Liquor store. We both pretty much remembered the same thing which was that there had been discussions between the liquor store and the city about the city vacating the right-of-way, but it didn't appear that had ever been done. Therefore, in a nut shell, I explained to Ben that if they needed title to the property in order to close, that the proper procedure would be to make an application with the city to vacate the right -of -way and to also replat his property to include the portion of the right -of -way being vacated. I explained that the city may or may not be able to give anything other than a quitclaim deed depending upon how the city acquired its ownership interest in the property. (It is my recollection that the county had obtained the right -of -way by deed back in the 193O's; however I can't remember whether the county actually deeded the right -of -way to the city or simply authorized the transfer of control to the city.) Ben was comfortable proceeding in this manner and indicated he would contact David Miller directly to determine how to accomplish this. I also explained to him that, depending upon the circumstances, it was possible that the right-of- way if vacated would need to be conveyed to all abutting property owners (which might include Dick's Convenient Store) and would need to be for the appraised value of the property. He didn't seem to think that was an issue. He also indicated that Majestic would be willing to deed restrict the property to accomplish whatever one way or limited access the city needed assurances on. WAKennedale \MEMOS \WreyCrest - Freeman Family.001.wpd f � � { 9 4 TO: Kennedale: Freeman Family Trust: Summary of Proceedings Kennedale: Freeman Family Trust: Site Plan Majestic Liquor Store It' - April 17 200 I met with David Miller on April 13, 2006 regarding Majestic's inquiry into whether the city had ever vacated a portion of Wrey Crest Road to allow it to utilize this property for its parking lot. I explained to David that based upon the records that I had in my files, Majestic had submitted a site plan back in 1997 that provided for their new building and parking lot. About that time, the city council had conceptually approved Majestic's plan to utilize a portion of Wrey Crest Road for its parking lot and driveway. However, the city had never vacated that portion of Wrey Crest Road. Instead, the only vacated portion of Wrey Crest Road was in connection with the Showtime Cabaret building which was a part of a land exchange done back in 1998 between Freeman Family Trust and the City of Kennedale. As a part of that process, the city had received approval from the Texas Highway Commission and Tarrant County to transfer maintenance and control over the southern portion of Wrey Crest Road to Kennedale. At the time this transaction was completed, however, it was discussed that the city desired to maintain control over the driveway to assure that it would always remain a one -way driveway. Therefore, the city did not vacate Wrey Crest Road. I noted to David that when Tarrant County adopted a resolution which transferred maintenance and control to the City of Kennedale in 1999, the resolution specifically was entitled "Resolution and Order Establishing Support for the Continued Operation and Maintenance of Wrey Crest Road by the City of Kennedale, a Public Accessway from SS 287 to the IH -20 frontage Road; Approval to Exchange .094 of an Acre of Real Property Owned by Tarrant County to the City of Kennedale to Accomplish a Public Purpose Which is the Continued Operation and Maintenance of Wrey Crest Road; and Authorization for the County Judge to Sign the Deed Without Warranty." The actual deed without warranty that was executed on June 15, 1999 does not appear to have any restrictions on it. David indicated that he would talk to G.K. Manius about this issue to see whether or not it would be a problem with the city vacating Wrey Crest Road under the current circumstances. W.XKen nedale \MEMOS \freeman- famlly.wko- 001.wpd 6000 WESTERN PLACE, SLaTB 200 TELEPHONE: (817) 332 -2580 I -30 AT BRYANT -IRvIN ROAD T 0y � 1 � 0 &Aa!a Efi$ TOLL FREE: (800) 318 -3400 FORT WORTH, TEXAS 76107 -4654 t 'L.LP, ; ; FACSIMILE: (817) 332 -4740 EMAIL: : NVWW.TOASE DENTON: (940 CO M 972 M Attorneys - �� COLll150101s DENTON METRO: () 383 -2674 WEBSITE: WWFV.TOASE.COM Y � ) 434 -3834 WAYNE K. OLSON ExT. 210 wolson(o toase,com 01SINFANI David Miller City of Kennedale 405 Municipal Drive Kennedale, Texas 76060 RE: Vacating Wrey Crest Road Dear David: As we discussed last Thursday, I am attaching a copy of the resolution and order which was adopted by Tarrant County in 1999 approving the conveyance of a portion of Wrey Crest Road to the City of Kennedale. As you can see in this resolution, it is stated that the purpose of this conveyance is to accomplish a public purpose which is the continued operation and maintenance of Wrey Crest Road. I am also attaching the Deed Without Warranty that was executed by the County on June 15, 1999 conveying the property to Kennedale. The deed itself contains no restrictions at all. I thought you might want these documents for your conversation with G.K. Manius. Please let me know if you have any questions. Very truly yours, (D� ag' Wayne K. Clsul, W K® /ke W:\Kennedale\LETTERS\Miiler.WKO.044.wpd C 4 64`holesoM Liquor Dhtylbutor Permit No. LP 011 March 5, 2007 ollrtcn: till 11 JAcgwoRo Hwy. P.O. Boi 9540 Fom woRm, TEXAS 76147 a17 335 -6262 11ETRo 817 429 =2632 FAX- 817 332 =2996 Mr. Mark M. White Commw Development Director City of Kennedale 405 Municipal Drive Kennedale, TX 76060 Re; Wrey Crest Road Dear Mr. White; Thank you for your efforts in bringing our issue with Wrey Crest road before the City Council, As 1 have indicated to you, we are having difficulty in completing a sale and lease back of our property containing our Majestic liquor Store until such time that we can prove that the portion of Wrey. Crest Road is either owned or under our long -terin control. 1 am including a copy of the Staff Report to Mayor and Council that was presented at the Council meeting on February 13, 1997. please note the first sentence of paragraph three (3): "An integral element of the concept diagram is that the City will close the northern most portion of grey Crest and sell that portion to Majestic for use as parking area." Minutes of that meeting indicate that the concept was approved unanimously, Unfortunately, neither Majestic nor the City took the initiative to complete the sale immediately after development of the property in 1997. At this time, 1 respectfully request that Majestic be allowed the opportunity to purchase this property in order to solidify the area upon which our store operates. Thanks you for your consideration. Sincerely yours, l ,, Q lien A. Lanford President The at , had diagrani depicts thu Wr Crest Road area mm the junction offNiansficid Higlmay and the ac"ss road to 1-20. Wrcy Crest is Lvorelcred by land ak%"od by Duhc's Converiience.Storc. Showtinic Cabaret. and Majestic Liquors 'Me State Highway Dopartntent has asked us to define the specific area for location of the curb-cut to be prodded as they pave the new portion of the widened I%lansficld High%%ay in that hwtion. We have previoush, coordinated with the Highway Department for ono-way driveway from the MaJostic Liquors location is shown on the diWani, Notice that the drive %nuld torroinate in a curved entrance to the northbound traffic sons to prohibit a tuns to the south from the drivo%va% as required by the State. An integral elctricat of the omiccpt diagram is that the City will elm the. northern most port ion of Wrcy Cresst and sell- that portion to HWmic for use as parking wa, Thais action would providoa normal restriction to unnecessary vehicle treffito using the planned driveway and would enhance the safety considerations for this concept. At this time there is no fimmal Council action required for the plamiod closing, soiling, or Icasing of the Wroy Cr(m righ"f-way. however, Council approval of tho'gencral concept shown on the diagram would assurc, that the curb--gut is placed in the appropriate locatiom RECOMMEND Council approval of the uskpac concept for Wrey Crest Road. as preserittA. 1 5 Orip — 7d�By i — nistmtor: Disposition by Covvici, r 1 12 71 478-54 1 8 I-- 2284 MINUTES OF KENNEDALE CITY COUNCIL REGULAR MEETING - FEBRUARY 13, 1997 100 E. BROADWAY ST. - COMMUNITY CENTER Mayor Mundy called the meeting to order at 7:35 p.m. Members present were Mayor Mundy, and Councilmember's Wright, McCraw, Barrett, Boone and Kovach. Staff present were Ted Rowe, Kathy Turner, Vicki Thompson, Linda Royster, Michael Box, Mort Wetterling, and legal counsel, Wayne K. Olson. Councilmember Barrett presented the invocation with special attention of our two firefighters who were injured in a local fire today. ITEM NO. 1 - Consideration of minutes: Public Hearing - January 7, 1997 Public Hearing - January 9, 1997 Regular Meeting - January 9, 1997 Councilmember Barrett moved to approve the minutes above as they were submitted, seconded by Councilmember McCraw with all members voting in f avor. . ITEM NO. 2 - Consideration of Final Plat for Shady Creek East, requested by Mr. Gary Cooper and Mr. Frank Cde Baca. Councilmember Barrett moved to approve the final plat for Shady Creek East, seconded by Councilmember Wright. Motion carried with no opposition. ITEM No. 3 - Consideration of Ordinance No. 124 to re -zone Lots 25A and 25B, Block 1, Woodlea Acres Addition, Located at 732 West Mansfield Highway, requested by Mr. Gary Mitchell Councilmember Wright moved to approve Ordinance No. 124 to re -zone Lots 25A and 25B, Block 1, Woodlea Acres Addition, seconded by Councilmember Kovach. Motion carried unanimously. ITEM NO. 4 - Consideration of a replat for Lot 1R, Block 1, FWT, Inc., Addition, consisting of approximately 61 acres, located in the 1300 block of West Mansfield Highway, requested by Mr. F.P. Greenhaw, an engineer for FWT, Inc. Councilember Barrett moved to approve the replat of Lot 1R, Block 1, FWT, Inc., Addition, seconded by Councilmember McCraw. Motion carried without opposition. ITEM NO. 5 - Consideration of Ordinance No. 125 annexing Lots 1R, 2R, 3, 4, 5, 6 and 7, Block 1, Clairemont Court Addition, Petitioned by Mr. Daniel Ortiz. Councilmember Boone moved to approve Ordinance No. 125, annexing Lots 1R, 2R, 3, 4, 5, 6, and 7, Block 1, Clairemont Court Addition, seconded by Councilmember Kovach with all members voting in favor. 2285 ITEM N0. 6 - Consideration of 1995/96 Annual Audit. Councilmember Wright moved to approve the 1995/96 Annual Audit, seconded by Councilmember Barrett. Motion carried unanimously. ITEM No. 7 - Consideration of proposal for Financial Management System and approval of Contract No. 97 -01, STW, Inc. Following an extended discussion, Councilmember Barrett moved to award the proposal for Financial Management System to STW, Inc., in the amount of $35,230, and approval of Contract 97 -01, pending changes from legal counsel, seconded by Councilmember Wright. Motion carried with no opposition. ITEM N0. 8 - Consideration of appointing the Home Rule Charter Commission. Mayor Mundy recommended to the City Council the appointment of the following citizens to the Home Rule Charter Commission in order to draft a Home Rule Charter for the City of Kennedale, and for this Charter to be brought before the citizens of Kennedale for an election in August 1997: Steven Hayes, Wayne Cordell, Jerry Miller, Elmer Mosely, John Clark - Chairman, Mitch B1an, Vicki Thompson, John Berry, Charles Gray, Fred Savage, Bill Abbott, Tim Smith, Nita Vaughn, Michael Box, Ralph Warner, George Barrett and Robert Mundy. Councilember Kovach moved to approve the selection of the Home Rule Charter Commission containing the 17 members as stated above, with John Clark serving as Chairman, and the goal is to have the charter in place for the August 1997 election, seconded by Councilmember Boone. Motion carried with all members voting in favor. ITEM No. 9 - Consideration of Resolution No. 63 Calling a General Election to be held May 3, 1997. Councilmember Kovach moved to approve 'Resolution No. 63, Calling a General, Election to be held May 3, 1997, establishing procedures for that election, and providing an effective date, seconded by Councilmember Wright. Motion carried with all members voting in favor. ITEM No. 10 - Consideration of usage concept for Wrey Crest Road. Councilmember Barrett moved to approve the usage concept for Wrey Crest Road, seconded by Councilmember McCraw. Motion carried unanimously. ITEM N0. 11 - General Discussion. Mr. Michael Box stated that 2,500 trout were released today in the City Park; an Interlocal Agreement with Precinct 2 should come before council next month for repair to Dick Price Road as well as completing the work on New Hope Road in phases; and construction of the plumbing on the rest room facilities at the ball field was on schedule. Councilmember Barrett stated that the 50th year anniversary committee is working hard and everything is on schedule. There being no further discussion, Mayor Mundy recessed the meeting at 8 :23 p.m. Mayor Mundy reconvened at 8:27 p.m, and entered into executive session at 8:28 p.m. 2286 ITEM NO. 12 - Executive Session The City Council met in closed session to discuss advice about pending or contemplated litigation, a settlement offer, or on a matter in which the duty of the attorney to the City under the Texas Disciplinary Rules of Professional Conduct of the State Bar of .Texas conflicts with the Texas Open Meetings Act, including discussion on any item posted on the agenda, pursuant to Section 551.071, Texas Government Code. e 1) Fern McKinley v. City of Kennedale, Cause No. 17-159579-95. 2) Ken Pearce v. City of Kennedale, Cause No. 352 - 156704 -94. 3) Michael C. Kerr v. City of Kennedale, Cause No. 4 -96CV -474 -Y Mayor Mundy reconvened into open session at 9:12 p.m. ITEM Noe 13 - Action on executive session, if necessary. " No action was taken on this item. There being no further business, Mayor Mundy adjourned the meeting at 9.14 p.m. APPROVED: Mayor Robe P. Mundy ATTEST: Cit Se retary it RX • • Dear Mr. Lanford: 405 Municipal Drive a Kennedale, Texas 76060 • (817) 478 -5418 a Fax (817) 478 -7169 www. cityofken nedale.com OFFICE: 1111 JAcKsRoRO Hvvz P.O. Box 9540 FORT WORTH, TExAs 76147 PHONE: 317 335.5252 METRo 317 429.2632 FAX: 317 332 -2996 Wholesale Liquor Distributor Permit No. LP 61104 May 8, 2008 Mr. Larry Hoover Community Development Director City of Kennedale 465 Municipal Drive Kennedale, TX 76060 Dear Mr. Hoover: Please accept this letter as our petition to the City of Kennedale for abandonment of that portion of the right -of -way of Wrey Crest Road within the property occupied by Majestic Liquor Stores, Inc. This petition is on behalf of Majestic, as the operator of the business, and the landowners of the property, National Retail Properties, LP (formerly Commercial Net Lease Realty, LP) and Majestic Texas Properties, LP. We understand that the City has placed a fair market value on the property to be abandoned at $21,289.00, which we are prepared to pay. I will plan to attend the meeting of Planning and Zoning Committee on May 15, 2008 so as to be available for questions concerning this issue. Thank you for your assistance and consideration. Sincerely yours, Ben A. Lanford President CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: June 12, 2008 REGULAR ITEMS: ITEM NUMBER: IX -h MOTION: COUNCIL MEMBERS MOTIO SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN NOWE+ ' 11) [°1 ORDINANCE/RESOLUTION NO. Ordinance No. 403 CARRIED CONTRACT /AGREEMENT NO. FOLLOW UP: CITY SECRETARY'S FOLLOW UP: FAILED /✓no r� w� l 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC HE ARING S IGN-IN 08-08 — Zone Change gig 6 S Cross Add SUBJECT: To receive citizens' comments regarding Planning and Zoning Case #08 -08, Zone change request for Lot 2, Block 1, Southwest Crossing Addition, City of Kennedale, Kennedale, TX from the current zoning classification of "R -1" Single Family Residential District to that of "C -1" Restricted Commercial District. Property is located at the corner of Little School Road and US 287. Requested by Matt Cragun on behalf of O'Donald Engineering LLC. ■ DO NOT WISH TO • ADDRESS 1 LIKE TIF RE GISTER THE FOLLOWING OP INION. I 3. I AM REGISTERING ❑ FOR ❑ AGAINST P &Z Case 08 -08 4. IN RE GISTERING, I REPRESENT: ■ MYSELF XTHE FOLLOWING PER FIRMS, CORPORATIONS, CLASSES OR GROUPS: SIGNATURE: V DATE: June 12, 2008 u 405 Municipal Drive, Kennedale, Texas 76060 PUB LIC +: SIGN-IN FORM C ase Z one Change Lot 2, Block 1, South west Crossing Addition SUBJECT: To receive citizens' comments regarding Planning and Zoning Case #08 -08, Zone change request for Lot 2, Block 1, Southwest Crossing Addition, City of Kennedale, Kennedale, TX from the current zoning classification of "R -1" Single Family Residential District to that of "C -1" Restricted Commercial District. Property is located at the corner of Little School Road and US 287. Requested by Matt Cragun on behalf of O'Donald Engineering LLC. 1. NAME: V "- ZIP L PHONE NUMBER: � I �� � � � � 0 -� 6 HE gADD RESS COUNCIL. El DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE TIF REGISTER THE FOLLOWING O P I NION. 3. I AM REGISTERING WFORE] AGAINST P&Z Case #08 -08 r ORATIONS �..F GRO ra I! 405 Municipal Drive, Kennedale, Texas 76060 PUBLIC HEARI SIGN-IN FORM P&Z Case 08-08 — Zone Change Lot 2, Block 1, South west Crossing Addition SUBJECT: To receive citizens' comments regarding Planning and Zoning Case #08 -08, Zone change request for Lot 2, Block 1, Southwest Crossing Addition, City of Kennedale, Kennedale, TX from the current zoning classification of "R -1" Single Family Residential District to that of "C -1" Restricted Commercial District. Property is located at the corner of Little School Road and US 287. Requested by Matt Cragun on behalf of O'Donald Engineering LLC. MELUX i R 11 DO NOT WISH TO ADDRESS COUNCIL, BUT I WOULD LIKE T REGISTER THE F OLLOWING OP INI O N. 3. I AM REGISTERING K FOR ❑ AGAINST P &Z Case #08 -08 SIGNAT URE:, ,, " "A- -' `,z:� " — ` DATE: June 12, 2008 • E .- I a , < SVX31'31VCIN3NN3N ZOZkYMHDIH IR OVO'd IOOHDS 311111 to - E - E I I Z:D 03SVH:3 NIINID DNINNVO IIVII b A )INV9 ISVHD dil , 1 . Date: June 4, 2008 Subject: PZ Case# 08 -08 Zone Change for O'Donald Engineering LLC Originated by: Larry Hoover, Community Development Specialist Summary: O'Donald Engineering LLC is requesting a zone change from R -1 (Single Family Residential) to C -1 (Restricted Commercial). The property consists of approximately 1.014 acres and is located at the corner of Little School Road and US 287 with the legal description being Lot 2, Block 1 of the Southwest Crossing Addition in the City of Kennedale, Tarrant County, Texas. This is the pad site that was within the City of Arlington and per the Interlocal Agreement the boundary line was moved so this property was incorporated into the City of Kennedale. Per Kennedale's Ordinances, any property that is annexed or incorporated into the City is done so with an R -1 zoning. The zoning request is generally compatible with the surrounding land use and should be zoned commercial as well. O'Donald Engineering LLC has met all City Code of Ordinances including the requirement of a 90 day waiting period before re- submittal. On May 15 the Planning and Zoning Commission voted 7 -0 to recommend approval of a Commercial Classification with the Specific Commercial Designation decided at City Council. - Notice Details - CITY OF KENNEDALE PUBLIC HEARINGS Four public hearings will be held by the City Council of the City of Kennedale, TX at 7:00 P.M. on Thursday, June 12, 2008 in the Kennedale City Hall Council Chambers, 405 Municipal Dr., Kennedale, TX 76060, to receive citizen "s input on the following matters: (1) Planning & Zoning Commission Case 08 -05 - Zone change request for Lots 2 and 3, Block 9, Oak Crest Addition, City of Kennedale, TX from the current zoning classification of "R -3" Single Family Residential District to that of "C -1" Restricted Commercial District. Property is located at 6705 Lindale Rd., Kennedale, TX. Requested by Karl Dennis of Sundance Corrugated LLC; (2) Planning and Zoning Commission Case #08 -06 - Re -plat of Lots IA, 1B, 1C1, 1C2, 2 and 3, Block 9, Oak Crest Addition, City of Kennedale, TX to that of Lot 1 -R, Block 9, Oak Crest Addition, City of Kennedale, TX. Re- platted lot will consist of approximately 1.245 acres and is located at 6705 and 6709 Lindale Rd, Kennedale, TX. Requested by Karl Dennis of Sundance Corrugated LLC; (3) Planning and Zoning Commission Case 08 -07 - Request for abandonment of ROW, which includes a portion of Wrey Crest Road adjacent to Lot 1, Block 1, Broyles Addition, City of Kennedale, TX, as requested by Majestic Liquor Store; (4) Planning and Zoning Commission Case 408 -08 - Zone change request for Lot 2, Block 1, Southwest Crossing Addition, City of Kennedale, TX from the current zoning classification of "R -1" Single Family Residential District to that of "C -1" Restricted Commercial Page 1 of 2 http: / /www.legalnotice. org /pl/ Templates/ PrivateLabel / /popup /PrinterFriendly. aspx ?ID =29... 5/28/2008 Notice Details District. Property is located at the corner of Little School Road and US 287. Requested by Matt Cragun on behalf of ® "Donald Engineering LLC. All interested persons are encouraged to attend and will be afforded the opportunity to speak. City of Kennedale, Kathy Turner, City Secretary 29742556 Page 2 of 2 http: / /www.legalnotice. org /pl/ Templates/ PrivateLabel / /popup /PrinterFriendly. aspx ?ID =29... 5/28/2008 V WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government; WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, a change in the zoning classification of the property listed below was requested by a person or entity having a proprietary interest in said property; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on May 15, 2008 and by the City Council of the City of Kennedale on the 12th day of June 2008, with respect to the zoning change described herein; and WHEREAS, all requirements of law dealing with notice to other property owners, publication and all procedural requirements have been complied with in accordance with Chapter 211 of the Local Government Code; and WHEREAS, the City of Kennedale, Texas does hereby deem it advisable and in the public interest to amend Ordinance No. 40, as amended, as described herein. NOW, '•, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 1 Ordinance No. 40, as amended, is hereby amended so that the permitted uses in the hereinafter described area shall be altered, changed and amended as shown and described below: c:\kturner \council \ord \zonechg08 - 08(05- 28 -08) Page 1 of 4 Approximately 1.014 acres, being comprised of Lot 2, Block 1, Southwest Crossing Addition, City of Kennedale, Tarrant County, Texas, and more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes of this ordinance, is hereby rezoned from "R -1" Single Family Residential District to "C -1" Restricted Commercial District The zoning districts and boundaries as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic, flood and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses allowed and with a view of conserving the value of the buildings and encouraging the most appropriate use of land throughout the community. SECTION 3. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 4. The use of the property hereinabove described shall be subject to all the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the City of Kennedale, Texas. SECTION 5. This Ordinance shall be cumulative of Ordinance No. 40, as amended, and all other Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. All rights or remedies of the City of Kennedale, Texas are expressly saved as to any and all violations of Ordinance No. 40 or of any amendments thereto that have accrued at the time of the effective date of this Ordinance and as to such accrued violations and all pending litigation, both civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. c:\ldurner \council \ord\zonechg08 - 08(05- 28 -08) Page 2 of 4 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED this day of [PIRIN Mayor, Bryan Lanlchorst ATTEST: Kathy Turner, City Secretary APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney c:\kturner \council \ord \zonechg08 - 08(05- 28 -08) Page 3 of 4 CITY OF ARLINGTON m CITY OF KENNEDALE (APPROXIMATE CITY LIMITS) / by / QO § � QOr ry / oQ TRACT 1: FEE TRACT EXHIBIT "A" hN N 0 7 2 feet SCALE: I" T —LEGEND— \a asphalt 0 gas meter bollard ® manhole ® water meter water valve Ore hydrant power pole sign free guy wire BEING a 1.014 acre tract of land situated in the LAWRENCE RAMEY SURVEY, ABSTRACT NO. 1336 and the M. P. LAMAR SURVEY, ABSTRACT NO. 967, Tarrant County, Texas, and being all of Lot 2, Block 1 of Southwest Crossing Addition, an addition to the Cities of Arlington and Kennedaie, Tarrant County, Texas according to the plat thereof recorded In Cabinet A, Slide 11958 of the Plat Records of Tarrant County Texas (P.R.T.C,T.), and being more particularly described as follows: BEGINNING of a 518 —Inch Iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC. INC." found at the intersection of the southwesterly right of way line of State Highway No, 287 (a variable width right of way) and the northwesterly right of way line of Little School Road (a variable width right of way), said point also being the east comer of sold Lot 2, Block 1; THENCE Southwesterly, along the northwesterly right of way line of sold Little School Road and along the southeasterly line of Lot 2, a curve to the left which has a chord that bears South 27'46'06 West for 113.03 feet, a central angle of 05 and a radius of 1174.92 feet, for an are distance of 113.07 feet to the end of said curve; THENCE South 6833'03' West, , a distance of 98.16 feet to a 112 —inch iron rod with plastic orange cap stomped 'PIBURN PARTNERS" set for the northeast comer of said comer clip; THENCE South 8945'03' East, along the south right of way line of sold University Drive, a distance of 195.58 feet to a capped 112 —inch iron rod found (Illegible) for the northwest comer of Lot 1, Block 1 of RANCHO VISTA ADDITION, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet S, Page 96 of the Plat Records of Denton County, Texas, (P.R.O.C.T.); THENCE South 0014'57" West, along the west line of sold Lot 1, a distance of 230,00 feet to a 112 —inch iron rod found for the southwest comer of sold Lot 1; THENCE South 89'45'03' East, along the south line of sold Lot 1, a distance of 126.00 feet passing a 1/2 —inch iron rod found for the common south comer of sold Lot i of Lot 2, Block 1 of sold RANCHO VISTA ADDITION, and continuing a total distance of 226.00 feet to a 112 —inch Iron rod found for the southeast comer of sold Lot $ Block 1; THENCE North 0014'57' East, along the east line of sold Lot 2, a distance of 230.00 feet to a capped i12 —Inch Iron rod found (Illegible) for the northeast comer of sold Lot 2, Block 1, sold Iron being In the south right of way line of sold University Drive, THENCE South 8945'03' East, along sold south line, a distance of 295.35 feet to an 'X' cut found in concrete for the northwest comer of Lot 5, Block 1 of RANCHO VISTA ADDITION, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet U, Page 895, P.R,D.C.T.; THENCE South 00'00'06' East, departing sold south line and along the west line of sold Lot 5, a distance of 190.03 feet to a 112 —inch iron rod with plastic orange cap stamped 'PIBURN PARTNERS" set for the southwest comer of sold Lot 5; THENCE South 89'44'57' East, along the south line of sold Lot 5, a distance of 152.55 feet to a capped 112 —inch iron rod found (Illegible) for the southeast corner of sold Lot 5 and lying on the east line of Lot 3, FIRST SECTION OF MCCLENDON PROPERTIES SUBDIVISION, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded In Cabinet J, Slide 29 P.R,D.C.T; NOTES —�' aerial power line choinlink fence sirs - 112" iron rod with orange plastic cap stamped 'PIBURN PARTNERS` set for comer No portion of the subject property Iles within any area of 100 —year flood according to FEMA's Flood Insurance Rate Map No. 48439C0437H, dated 0810211995. Property is In zone X, Bearings are based on the easterly line of Lot 2, Block 1 of SOUTHWEST CROSSING ADDITION, an addtion to the Cities of Kennedale and Arlington, according to the plat thereof recorded in Cabinet A, Slide 11958, Plat Records, Tarrant County, Texas, Utility Information is based upon field measurements, and the best available records. Field data is limited to that which Is visible and can be measured. This does not preclude the existence of other underground Items. Record information Is based upon data collected from both public and private sourcex the completeness of these records cannot be guaranteed, except insofar as they can be verified by field measurements, BENCHMARK. Center median of Little Road 25' south of U.S. Highway No. 267 southbound service road a BRASS DISK set in concrete base of traffic signal. Mopsco page 94—T. ELEVATION= 680.809. BENCHMARK (iBM) 'X' Cut set, SE comer of concrete inlet that is approximately 42.0 feet west from the southmost west comer of Lot $ Block 1, SOUTHWEST CROSSING ADDITION, according to the plat thereof recorded In Cabinet A, St. 11958, ELEVATION = 691.94 feet Page 4 of I ZONING CASE # oz�LR DATE: Apy; I tq, z00% City Council City • Kennedale Kennedale, Texas 76060 You are hereby respectfully requested to approve the following request for a change • zonini classification. To change the zoning classification of the property described on Exhibit "A" attached, from it's current zoning classification of ( ) to that of " r- I — " ( Comnne-rr-"CLI - —) in it's entirety as shown on Exhibit "B" attached. The property totals some 1,om acres. Legal Description is of '7- SmiihweM Crossi ftMi4'on Present use of the property is Sc5iftn 1 - \(N0V4 MM 1 97 THIS IS TO CERTIFY THAT 1,000- MQV b�&Ca -T-eXQ5 IS THE SOLE OWNER(S) OF THE PROPERTY DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT THE DATE OF THIS APPLICATION. Signature Owner Signature Notice Details - LEGAL NOTICE NOTICE OF PUBLIC HEARING Th LEGAL NOTICE NOTICE OF PUBLIC HEARING The Kennedale Planning and Zoning Commission will hold a public hearing for each of the following cases on Thursday, May 15, 2008 at 7:00 pm in the City Council Chambers, located at 405 Municipal Drive, Kennedale, Texas 76060. The Kennedale City Council will conduct a second Public Hearing on these matter on Thursday, June 12, 2008 at 7:00 PM in the City Council Chambers. The Planned and Zoning Commission is a recommending body only. The City Council is authorized to approve or deny the requests. Any other information may be acquired by calling (817) 985 -2135. 1). Case #PZ 08 -05 to receive citizen "s comments regarding a request for a zone change of Lot 2 & 3, Block 9 of the Oak Crest Addition in the City of Kennedale, Tarrant County, Texas. The current zoning is "R -3" (Single Family Residential) and the proposed zoning is "C -1" (Restricted Commercial) as requested by Karl Dennis of Sundance Corrugated LLC. 2) Case #PZ 08 -06 to receive citizen "s comments regarding a request for re -plat of five lots into one with the legal descriptions of the lots being Block 9, Lots 2 & 3, and Block 9, Lots IA, 113, 1C1, and 1C2 of the Oak Crest Addition in the City of Kennedale, Tarrant County, Texas. The proposed lot will be 1.245 acres in size with the legal description of Lot 1 -R, Block 9 as requested by Karl Dennis of Sundance Corrugated LLC. 3) Case #PZ 08 -07 to receive citizen "s comments regarding a request for abandonment of ROW which includes a portion of Wrey Crest Road adjacent to Lot 1, Block 1 of Broyls Addition in the City of Kennedale, Tarrant County, Texas as Page 1 of 2 http: / /www.legalnotice.org /pl/ Templates /PrivateLabel / popup /PrinterFriendly.aspx ?ID =28... 4/30/2008 Notice Details - requested by Majestic Liquor Store. 4) Case #P2 08 -08 to receive citizen "s comments regarding a request for a zone change of 1.014 acres with the legal description being Lot 2, Block 1 of the Southwest Crossing Addition in the City of Kennedale, Tarrant County, Texas. The property is located at the corner of Little School Road and US 287. The zoning at the present time is "R- I " (Single Family Residential) and is proposed to rezone to "C- 1 " (Restricted Commercial) as requested by Matt Cragon on behalf of O "Donald Engineering LLC All interested persons will be allowed to appear and speak at the Public Hearings or may furnish written comments prior to the meeting to the City of Kennedale, 405 Municipal Drive, Kennedale, TX 76060. 29661504 Page 2 of 2 http: / /www.legalnotice.org /pl/ Templates /PrivateLabel // popup /PrinterFriendly.aspx ?ID =28... 4/30/2008 xt % rlk-� 3 Id 4 Div uj z z w 3R3 I P 3.5 IA IB 2A 3RIA 688 3R2 n 4R2 1.894 4R3 1.398 @ 6 7 8 4 12R 9.44 AC m ll� Feet 400 600 800 1,01 0 Wal -Mart Stores Texas LP Tax Dept Ms 0555 PO Box 8050 Bentonville, AR 72712 -8055 Capital One National Assoc Attn: Gary Satterfield 313 Carondelet St FI 4 New Orleans, LA 70130 -3109 Ge Cap Franchise Finance Corp 450 S Orange Ave FL 1 1 Orlando, FL 32801 -3383 Arlington Shopping Center LLC 5851 Ridge Bend Road Memphis, TN 38120 -9412 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: June 12, 2008 REGULAR ITEMS: ITEM NUMBER: IX -i MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. CARRIED CONTRACT /AGREEMENT N rm FAILED W_e� � DUB 20 t o 4 -0 66a,,4 28O - ruA� , L� 3 -0, n y 4 -C Cow Date: June 3, 2008 Subject: Review and consider re- appointments /appointments to the Planning and Zoning Commission. Originated by: Kathy Turner, City Secretary Summary: Re- appointments /appointments are due for each board /commission during the month of June. To assist with the review and consideration, the following is attached! 1. Current Board /Commission Appointment Policy adopted on the 14 of April 2005; 2. Listing of current Planning and Zoning Commission members with attendance record from January 2007 to present. List reflects that Lori Bryan, Ernest Harvey and Charles Overstreet wish to continue serving, while Charles Robeson has asked to step down. Also, Kelly Turner vacated his place when elected to City Council, Place 4. This will leave one regular member vacancy and one alternate vacancy. Alternate, Frank Fernandez has expressed an interest in moving up to serve as a regular member. If Council appoints Commissioner Fernandez as a regular member, this will create two alternate vacancies; and 3. Applications on file. In addition, Board /Commission job descriptions along with application is reflected on the city's website, and notice was placed in the city's bulletin board to assist with recruitment. Recommendation: Recommend Council re- appoints Lori Bryan, Ernest Harvey and Charles Overstreet as regular members to the Planning and Zoning Commission to serve a two (2) year term expiring in 2010; appoints Frank Fernandez as a regular member to serve a two (2) year term expiring in 2010; and review applications to make additional appointments, if so desired. Board /Commission Appointments Appointments: a. All appointees shall qualify for the position as outlined by the City Charter. b. Should an opening occur on any board, commission, or city council (charter rules may dictate council appointment procedures) during a period greater than 6 months prior to the scheduled appointment time, the following procedures will be followed: i. A notice of committee opening will be posted in the lobby of City Hall for a period of 10 business days. ii. Applications will be taken up to 10 days prior to a regularly scheduled council meeting. iii. All applications on file shall be kept for review and provided in advance with an opportunity for nominations from the existing applications when a vacancy occurs. iv. The City Council will interview each applicant during a workshop session at the regular council meeting immediately after the application deadline. V. Nominations are made from the list of applicants. All nominations require a first and second to be considered valid. This process continues until there are no more nominations. vi. Appointments and applicants names will be listed as a regular meeting agenda item and be acted on during the regular meeting. Appointments will not be placed on the consent agenda unless only one person has applied for the open position. vii. Voting on nominations then occurs and the nominee with the most votes is awarded the appointment. c. The City Council also reserves the right to waive the interview process for current Commission or Board Members who are up for the reappointment. a. All removals of any board, commission, or charter procedures or state law requirements. b. If the removal of the person does not fall procedures will apply: council personal shall follow any applicable under these requirements, then the following i. The removal will be placed on the council agenda as a regular action item and list the name of the person intended to be removed. ii. The council may discuss the reasoning for the removal during an executive session as long as it is duly posted. iii. The council, at their discretion, may publicly state the reason for the removal. City Council Appointments: It is the desire of the City Council to maintain a full seated Council. This full seat lessens the chance that the City Council conducts business with tie votes resulting in the Mayor having to cast the tie - breaking vote. Due to the unique position of a city council member, the City Council may forgo any of the above procedures, except those dictated by State law or City Charter, for the purpose of appointing someone to fill an unanticipated opening of a council seat. Should the opening on the City Council occur within less than six months of the election date but greater than three months, the City Council may appoint, without interview or application, a person to fill the vacancy; provided that the person being appointed has served on another City board or commission for a period of two years or greater. Policy adopted by the Kennedale City Council on the 14"' day of April 2005. MIX 7111 irw, Imm w k.turner/pzmembers/exl(updated 07/12/2007) est. 1/14/65 - Ord. 65-1 revised 5/13/82 - Ord. 82-4 6/4/2008 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: June 12, 2008 REGULAR ITEMS: ITEM NUMBER: IX -j MOTION: COUNCIL MEMBERS MOTIONo SECOND AYE I NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN NOW-ELL ORDINANCE/RESOLUTION NO. CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: 999= To the Honorable Mayor and City Council Date: June 3, 2008 Agenda Item No: IX -j Subject: Review and consider appointment of Chairman and Vice - Chairman to the Planning and Zoning Commission. Originated by: Kathy Turner, City Secretary Summary: The City Council, in malting appointments each year, shall designate one (1) member of the commission as chairman and one (1) member as vice - chairman for the ensuing year, from the seven (7) regular members, whether new appointees or carry -over members. There is no prohibition against the council continuing the same members as the officers, respectively, if deemed advisable. Currently, David Hunn serves as Chairman, and Ernest Harvey serves as Vice - Chairman. Both have expressed a desire to continue serving in respective positions. Recommendation: Recommend Council re- appoints David Hunn as Chairman, and Ernest Harvey as Vice - Chairman. Disposition by Council: CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: June 12, 2008 REGULAR ITEMS: ITEM NUMBER: IX -k MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. CONTRACT /AGREEMENT NO. FOLLOW UP: FAILED f / / To the Honorable d City CouncT Date: June 3, 2008 Agenda Item No: IX -k Subject: Review and consider re- appointments /appointments to the Board of Adjustment. Originated by: Kathy Turner, City Secretary Summary: Attached for Council consideration is a current listing of Board of Adjustment members reflecting their attendance record and desire to continue serving or not; as well as a copy of applications on file. You will note that Rick Adams, Linda Elam, and Richard West respectfully request re- appointment, while Charles Gray and Charles Overstreet have requested to be removed from the board. This will leave one regular member vacancy and one alternate vacancy. .. ST A T Brian Cassady 703 Shady Creek 2009 4 of 6 Meetings (06/04) Rick Adams, Chairman 909 N. Little School Rd. 2008 - YES 5 of 6 Meetings (03/06) Linda Elam 349 Kennedale Sublett Rd. 2008 - YES 6 of 6 Meetings (08/05) Patrick Vader 801 Pennsylvania Ave. 2009 6 of 6 Meetings (5/00) Charles Crav 1203 Vera Lane 2008 - NO 6 of 6 Meetings I_1ki1 I,F11N (08/05) Che I Abbott 330 Little School Rd. 2009 2 of 6 Meetings (07/13/06) Richard West 404 Steeplechase Tr. 2005 - YES 2 of 6 Meetings (07/12/07) Donnie Graham 807 Shady Creek 2009 1 of 6 Meetings (06/04) Charles Overstreet 1256 Wendy Court 2008 - NO 2 of 6 Meetings k.turner /boamembers /exl(updated 07/12/2007 est. 3/8/90 - Ord. No. 90 -3 6/4/2008 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: June 12, 2008 REGULAR ITEMS: ITEM NUMBER: MOTION: TX -1 COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO CONTRACT /AGREEMENT NO FOLLOW UP: CITY SECRETARY'S FOLLOW UP: For ' ' 1 FAILED IOF- 'GL 4-f V7 '' 170 Date: June 3, 2008 Agenda Item N®: IX -1 Subject: Review and consider re- appointments /appointments to the Building Board of Appeals. Originated by: Kathy Turner, City Secretary Summary: Attached for Council consideration is a current listing of the Building Board of Appeals. No attendance record is noted as the Board has only met once within the last two years. However, Lin Eason and Todd Whatley have requested to be re- appointed to their respective positions. Recommendation: • Council re=appoints .•• Whatley to Place 2, and Lin Eason to Place 4, to serve expire 2010, and make alternate member appointments, deemed • fo C� e�' � ski 0', if ,. <: PLACE NAME STREET ADDRESS TERM EXPIRES (07/12/07) PLACE 1 Rick Trevino 703 Woodland Court 2009 (04/04) PLACE 2 Todd Whatley 1009 Estates Dr. 2008 -'(EC (07/12/07) PLACE 3 Brian Cassady 703 Shady Creek 2009 (06/04) PLACE 4 Lin Eason 618 Reeves Ln. 2008- YES (08/05) PLACE 5 Randall Swiney 603 Bluebonnet 2009 ALTERNATES PLACE 6 Vacant 2008 PLACE 7 Vacant 2009 kturner \boards \BBA Updated 07/12/07 est. 10- 12 -95, Ord. No. 86 6/4/2008 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: June 12, 2008 REGULAR ITEMS: ITEM NUMBER: IX -m 10 [I71� [I7►� COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. CARRIED i CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: CITY SECRETARY'S FOLLOW UP: P® 6 � M lffl�"' A� �MA5 M-4 Date: June 3, 2008 Subject: Review and consider re- appointments /appointments to the Parks and Recreation Board by individual Councilmembers. Originated by: Kathy Turner, City Secretary Summary: Attached for Council consideration is a current listing of the Parks and Recreation Board reflecting their attendance record. Each City Councilmember may appoint one Park Board member to the Park Board, place corresponding to the City Councilmembers place (Places 1 through 5). The three alternates (Places 6 through 8) shall be appointed by majority vote of the City Council. Places due for appointment include Places 2 (David Green), 4 (Kelly Turner), 6 and 8. Recommendation: Recommend Council reviews member listing with record attendance, visit with respective appointee, and make re= appointments/appointments as deemed necessary. •• •. �. TI KENNEDALE BOARD MEMBERS POSITION NAME ADDRESS TERM EXPIREq ATTENDANCE RECORD JANUARY 2007 TO PRESENT (11/97) PLACE 1 David Deaver, Chair 1410 Swiney Hiett Road 2009 16 of 17 Meetings PLACE 2 Mitch Blan 410 Glenbrook Drive 2008 2 of 17 Meetings (07/12/06) PLACE 3 Michael Chandler 700 E. Kennedale Prkwy 2009 17 of 17 Meetings (07/12/06) PLACE 4 Donna Gerron 1014 Colonial CL 2008 10 of 17 Meetings PLACE 5 Mike Bevill 700 Shady Creek 2009 15 of 17 Meetings iumm (09/13/07) PLACE 6 Elizabeth Carrington 1004 Ohio'Ct. 2008 Appointed 09 /2007 - 6 of 8 mtgs PLACE 7 David W. Smith 409 Rolanda St. 2009 8 of 17 Meeetings PLACE 8 Yolanda Jones 1013 Colonial Ct. ` 2008 0 of 17 Meetings k. turner /parkboardmem /exl(Updated 07/12/07) est. 3/10/94 - Ord. No. 48 Amend. 07/13/06 - Ord. No. 341 6/5/2008 CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: June 12, 2008 REGULAR ITEMS: ITEM NUMBER: IX -n MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. CARRIED CONTRACT /AGREEMENT NO. FAILED FOLLOW UP: �,f , vo I'd, " CITY SECRETARY'S FOLLOW UP: Agenda Item No: IX -n Subject: Review and consider action to award bid and authorize the city manager to execute a contract for insurance of record. Summary: In anticipation of the health insurance bidding for the upcoming budget, the staff advertised for an agent of record to bid and negotiate for health insurance; The staff is currently reviewing proposals and will submit an analysis next week prior to the meeting. :.• • me CADocuments and Settingsl cbrownlmydocuments\samplestaffreport CITY OF KENNEDALE, TEXAS OFFICE OF THE CITY SECRETARY COUNCIL MEETING MINUTE SLIP DATE: June 12, 2008 REGULAR ITEMS: ITEM NUMBER: IX -o MOTION: COUNCIL MEMBERS MOTION SECOND AYE NAY ABSTAIN /ABSENT CLARK JOHNSON MILLER GREEN NOWELL ORDINANCE/RESOLUTION NO. CARRIED CONTRACT /AGREEMENT NO. FAILED Staff Repot To the Honorable Mayor and City Council Date: June 6, 2008 Agenda Item No: IX -o Subject: Review and consider action on Ordinance No. 404, sale of property located at 209 N. New Hope Road (Old City Hall). Originated by: Kathy Turner, City Secretary Summary: City Staff is working with legal counsel to prepare appropriate documents to proceed with the sale of old city hall. Once information is available, it will be provided for your review. Recommendation: Disposition by Council: ORDINANCE NO. 404 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, AUTHORIZING THE MAYOR OR CITY MANAGER TO SELL AND CONVEY THE OLD CITY HALL PROPERTY AND ANY IMPROVEMENTS THERETO; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE OF JUNE 12, 2008. WHEREAS, the City of Kennedale owns real property and various improvements thereto (commonly known as Old City Hall) located at 209 N. New Hope Road in the City of Kennedale, which was previously used for a city hall and other municipal purposes; and WHEREAS, the City Council deems it prudent to sell and convey the real property and any improvements thereto, pursuant to a valid contract and subject to any restrictions contained within the contract; and WHEREAS, Chapter 253 of the Texas Local Government Code permits a municipality to sell land or an interest in land and any improvements thereto that it owns. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. The Mayor and /or City Manager is hereby directed and authorized to enter into a contract to sell and convey the property owned by the City of Kennedale, located at 209 N. New Hope Road (Old City Hall), such sale and conveyance to be subject to the terms and conditions set forth in the contract. 1 SECTION 2. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 3. This ordinance shall be in full force and effect on June 12, 2008, and it is so ordained. PASSED AND APPROVED ON THIS 12 DAY OF JUNE, 2008. MAYOR ATTEST: CITY SECRETARY /_1 W 7 Z0]V :19]r l;ri� �ul1il1� cJ_l�r�'� CITY ATTORNEY 2 174 .7.: \ / / / _________ _ � � s.3a --A — ______— ____I_ \ I I \ `c I I � \ Wa I � . It / /h :j . I I Drainage E.aanet i i $,/ neea I I I I L LOT 1, BLOCK 1 an wt I I P"..CT. I I µ µ —MART OES TXS, LP V CITY OF ARLINGTON CITY OF KENNEDALE I I I / A fix\, % 10' tory Sewer Esmt. \ X i ' _ Cabinet A. 1.2 \ \ \ / IV b \\ B) B Am r e 4X rX a \ \ / \ \ a X � LOT 3, BLOCK 1 's r.'ROSSINC ADDITION�'� / \ A1� � / ✓ III CAUTION III UNDERGROUND UTILITIES \ EXISTING UTIUTIES AND UNDERGROUND FACIUTES INDICATED ON THESE PLANS HAVE BEEN LOCATED FROM REFERENCE INFORMATION SUPPLIED I U.S e7A, 4 t `t L] "OnNCRE7E M.P. LAMM SURVEY •- ABSTRACT NO. 987 aA.s (APPROXIMATE SURVEY LINE) 3; y R BY VARIOUS HE R OWNERS OF THE FACILITIES. THE ENGINEER DOES NOT S ACCEPT TESPONSIBILITY FOR THE UTILITY LOCATIONS SHOWN. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY BOTH r ti HORIZONTALLY AND VERTICALLY THE LOCATION OF ALL EXISTING UTILITIES AND UNDERGROUND FACIUTES PRIOR TO CONSTRUCTION, TO CAUTIONIII ��! TAKE NECESSARY PRECAUTIONS IN ORDER TO PROTECT ALL FACILITIES CALL• TEXAS ONE CALL O 6 nA ENCOUNTERED, AND TO NOTIFY THE ENGINEER PROMPTLY OF ALL 1 —BDD- 245 -4545 NUMBER DELTA ANGLE RADIUS ARC LENGTH CHORD DIRECTION CHORD LENGTH & g CONFLICTS OF THE WORK WITH EXISTING FACILITIES. THE CONTRACTOR 48 HRS PRIOR TO CONSTRUCTION. C) 05W51 1174.92 113.07 N 27'4808' E 113.03 5 SHALL PRESERVE AND PROTECT ALL EXISTING UTIUTIES FROM DAMAGE C2 09'1 20 1924.93 1148.07 IS 73'45'20 E JL47.91 DURING CONSTRUCTION. ANY DAMAGE BY THE CONTRACTOR TO EXISTING „k��S UTUTIES SHALL BE REPAIRED BY THE CONTRACTOR AT HIS OR HER 9 EXPENSE. 'A. VA — LEGEND— b asphail 0 gas meter • hdlard TRACT 1: FEE TRACT O morn'). BEING a 1.014 acre tract of land situated In the LAWRENCE RAMEY SURVEY, ® water male, ABSTRACT NO. 1336 and the M. P. LAMAR SURIkY. ABSTRACT NO. 987, T and wale, wIw County Texas, and being all of Let 2, Block I of Southwest Crossing Addition, an 11 addition to the CiNea of Adhngfon and Kennedale, Tarrant County, Texas dccading to rwe h)d nt the plot thereof recorded In Cabinet A, Slide 11958 of the Plat Record. of Torrant County Texas (P.R.TC.7.), and being more particularly described as follows: Ik power pale BEGINNING at o 518 -inch Iron rad with v yellow plash. sop stamped clgn �w ASSOC. INC.'.. found at the intersection of the southwesterly right of way line of State d ui Highway No. 287 (a norbble width right or way) and the northwesterly right of way 4ee line of Little Schad Road (a Habl. width Ngh! 01 way), said point also bring the guy wVe V east coma ?I Bald Lot 2, Block I; THENCE Southwesiaty, long the northwesterly rfght of way line of said Little Scholl awl') paw, it'. Road and deny the soufheaatedy the o/ LoI 2, a curve to the 1 </t which hoe a o chatnitnk face y . chord Ihot bears South 27'46'06' West for 113.03 feat a enfrnl an9 of 05'30'51' <. and a rodlu, of 1174.92 feet, for an are dlstance of 113.07 feet to the and of sold a� THENCE South 68'33'03' Weal, , a d7.larc. of 96.16 feet to a 1/2 -Intl, Iron rod with c lasfle orange cop stamped 'PIBURN PARTNERS' .et far the northeast comer of sold a drp; THENCE South 894503' Eaat, along the south right of way fin. of sold Universty Drive, a 11slmte of'95.58 feet to a capped 1/2 -Inch Iran rod found (81eg(ble) for w . e the northwest comer of Lot 1, Block I of RANCHO VISTA ADDITION, on odditlm to the City of Denton, Denton County, Texaa according to the plat thereof retarded In 680 ' Cobinet S, Page 96 of the Plot Record. of Denton County, To.,, (P.R.D.C.T.); -• THENCE South 0074'57' West, along the west the of avid Lot 1, o distance of 23000 ,s feet to a 112 -Inch non rod found W the southwest comer of said Lot 1; THENCE South 8945'03' Eaal along the Aauth line of saint Lot I, a &M.raa at v (ft X % 126.00 feat Passing a I/ Bon rod found for the common s th comer of sold � Lot I of Let $ Block 1 /said RANCHO VISTA ADDITION, and continuing a total dtstonce / 226.00 feet to a 1/2 -Ind, Iron rod found for the southeast coma of sold Lot 2, Block 1; THENCE North 0014'57' Coat, of" the eaat On, of said Lot 2, a distance of of 230.00 feet to a capped 1 /2 -hdr iron rod found (.leyble) far line northeast coma of rat') 1t 4 Lol 2, Block 1, said Gon being h fine soulh rl9ht of way I . of add University Drive; THENCE South 89'45'03' East, dmg sold eouth line, a dlstance of 295.35 feel to an M X' cut found concrete for the norwes tht coma o/ Lot 5, Block 1 of RANCHO 4s! $ VISTA ADDITION, en addition to the City o/ Denton, Denson County, Texas according to the plat thereof recorded h Gabon.t U, Page 895, P.R.D.C.7.; THENCE South OOW'Ofi' ""' deporting sold south line and along the west Are of sold Lot 1 a distance o/ 190.03 feet to a 1/2 -Inch h- rod with plastic —9. cap 11 �/ stamped 'PIBURN PARTNERS' set far the southwest coma of sold Lot 5; r '/ ' / // THENCE South 89'44'5'4 East, long the south Ina of said Lot 5, a distance of .1f Poet to n capped 1/2 -inch Gan and found (.legible) the southeast f sold Lot 5 a I 7 the f line of Lot 3, FIRST SEC OF DON a Gf PftOPERHES SUBDIVI IIXI, on a r._d to the Cfty of Denton, Dent— County, ounty. Texas, X\ /y / fi ccardIng to the plat thereof recorded h Cabinet J, Slide 29 P.R.D.C.T, NOTES Gs - 112' Iron rod with orange plostle cap stamped 'PIBURN PARTNERS' set fa cans No parflon of the rublecl property Iles within any area of 100 -yea flood / / ^ vc d insurance Rate Map No. 48439CO437H, dated CITY OF ARLINGTON 08/02/i to TWA'. 995. Floo Property le k, zone X. CITY OF KENNEDALE Bearings ar based on the atcdy the f Lot 2, Block 1 of SOUTHWEST / (APPROXIMATE CITY LIMITS) / CROSSING ADDITIQV, o addtlan to the Clfles of Kennedde and Arlington, according to the plat there./ n ee In Cabinet A, Slide 11955, Plat Recordo, Tarrant County, Texas U101ty information is Indeed upon riefd measurements, d the best avagable der. Field date is ihnited to That which Is Nsb1e and con be measured. This does not preclude the existence of other underground items. Record 10-11- la based uppon data c.I(.I,d Gam holh Wblie and private sources e carpi I- of line record. cannot be guaranteed, except insofar os .rb th th.y rnn 6. v 17Z by field me— norrenta s •IF ' BENCHMARK: Center median of Little Road 25' south o/ U.& Highway N. 287 fhb..d —W.. road a BRASS DISK set k1 concrete base of traffic .land. �® ? ' Mapsco page 94 -T ELEVATION= 660.809. / W N. '; p ; /' BENCHMARK (IBM) 'X' Cut sal. SE coma of c.—t. hie! fh.f la / 0 a' d / approxlmaldy 42.0 teat west Gam the soulhmost we.t cans o/ Lot 2, Block SWTHWEST CROSSING ADDITION, .—dk,9 to the plot thereof recorded In Cabinet A S'. 11958, 8 � for O� p ELEVATION 691.94 feet �J Copyright of Pb - e Pibum Partners, U.C. All Rights Res This drawing Is the H. wfth - expres proper at a. Nb p & Pa. ers, rtn LLC. Any Pb .Non of this drawing 4 �` Yd without the s wwr vuthaizafian of & P artners, LLC !s prahbiled. _DENCHMARK CITY MONUMENT ®96 -19 -4 BRASS DISK SET IN CONCRETE BASE OF TRAFFIC SIGNAL LOCATED IN CENTER MEDIAN OF LITTLE SCHOOL ROAD 25' NORTH OF US 287 SOUTHBOUND SERVICE ROAD. ELEVATION= 680.809' ZONING SURVEY HWY 287 AND LITTLE SCHOOL ROAD CONTRACTOR TO ONLY UTILIZE CIVIL ENGINEERING PLANS STAMPED AS CITY OF KENNEDALE APPROVED BY THE CITY OF o PA TMENT N WORKS DN. TARRANT COUNTY, TEXAS ®'® ® wI ALD DATE ® 04/14/08 THIS DOCUMENT IS RELEASED FOR �® ENGINEERING LLC T'= 0 THE PURPOSE OF INTERIM REVIEW JOB NO UNDER THE AUTHORITY OF BRANDON 1601 E. Lamar Blv O'DONALD, P.E. N0. 9020.1 ON , Suite 210 OD07063 04/14/08. Arlington, Texas 76011 SHEET Phone 817.794.0202 Fax 817.548.8430 'A. VA — LEGEND— b asphail 0 gas meter • hdlard TRACT 1: FEE TRACT O morn'). BEING a 1.014 acre tract of land situated In the LAWRENCE RAMEY SURVEY, ® water male, ABSTRACT NO. 1336 and the M. P. LAMAR SURIkY. ABSTRACT NO. 987, T and wale, wIw County Texas, and being all of Let 2, Block I of Southwest Crossing Addition, an 11 addition to the CiNea of Adhngfon and Kennedale, Tarrant County, Texas dccading to rwe h)d nt the plot thereof recorded In Cabinet A, Slide 11958 of the Plat Record. of Torrant County Texas (P.R.TC.7.), and being more particularly described as follows: Ik power pale BEGINNING at o 518 -inch Iron rad with v yellow plash. sop stamped clgn �w ASSOC. INC.'.. found at the intersection of the southwesterly right of way line of State d ui Highway No. 287 (a norbble width right or way) and the northwesterly right of way 4ee line of Little Schad Road (a Habl. width Ngh! 01 way), said point also bring the guy wVe V east coma ?I Bald Lot 2, Block I; THENCE Southwesiaty, long the northwesterly rfght of way line of said Little Scholl awl') paw, it'. Road and deny the soufheaatedy the o/ LoI 2, a curve to the 1 </t which hoe a o chatnitnk face y . chord Ihot bears South 27'46'06' West for 113.03 feat a enfrnl an9 of 05'30'51' <. and a rodlu, of 1174.92 feet, for an are dlstance of 113.07 feet to the and of sold a� THENCE South 68'33'03' Weal, , a d7.larc. of 96.16 feet to a 1/2 -Intl, Iron rod with c lasfle orange cop stamped 'PIBURN PARTNERS' .et far the northeast comer of sold a drp; THENCE South 894503' Eaat, along the south right of way fin. of sold Universty Drive, a 11slmte of'95.58 feet to a capped 1/2 -Inch Iran rod found (81eg(ble) for w . e the northwest comer of Lot 1, Block I of RANCHO VISTA ADDITION, on odditlm to the City of Denton, Denton County, Texaa according to the plat thereof retarded In 680 ' Cobinet S, Page 96 of the Plot Record. of Denton County, To.,, (P.R.D.C.T.); -• THENCE South 0074'57' West, along the west the of avid Lot 1, o distance of 23000 ,s feet to a 112 -Inch non rod found W the southwest comer of said Lot 1; THENCE South 8945'03' Eaal along the Aauth line of saint Lot I, a &M.raa at v (ft X % 126.00 feat Passing a I/ Bon rod found for the common s th comer of sold � Lot I of Let $ Block 1 /said RANCHO VISTA ADDITION, and continuing a total dtstonce / 226.00 feet to a 1/2 -Ind, Iron rod found for the southeast coma of sold Lot 2, Block 1; THENCE North 0014'57' Coat, of" the eaat On, of said Lot 2, a distance of of 230.00 feet to a capped 1 /2 -hdr iron rod found (.leyble) far line northeast coma of rat') 1t 4 Lol 2, Block 1, said Gon being h fine soulh rl9ht of way I . of add University Drive; THENCE South 89'45'03' East, dmg sold eouth line, a dlstance of 295.35 feel to an M X' cut found concrete for the norwes tht coma o/ Lot 5, Block 1 of RANCHO 4s! $ VISTA ADDITION, en addition to the City o/ Denton, Denson County, Texas according to the plat thereof recorded h Gabon.t U, Page 895, P.R.D.C.7.; THENCE South OOW'Ofi' ""' deporting sold south line and along the west Are of sold Lot 1 a distance o/ 190.03 feet to a 1/2 -Inch h- rod with plastic —9. cap 11 �/ stamped 'PIBURN PARTNERS' set far the southwest coma of sold Lot 5; r '/ ' / // THENCE South 89'44'5'4 East, long the south Ina of said Lot 5, a distance of .1f Poet to n capped 1/2 -inch Gan and found (.legible) the southeast f sold Lot 5 a I 7 the f line of Lot 3, FIRST SEC OF DON a Gf PftOPERHES SUBDIVI IIXI, on a r._d to the Cfty of Denton, Dent— County, ounty. Texas, X\ /y / fi ccardIng to the plat thereof recorded h Cabinet J, Slide 29 P.R.D.C.T, NOTES Gs - 112' Iron rod with orange plostle cap stamped 'PIBURN PARTNERS' set fa cans No parflon of the rublecl property Iles within any area of 100 -yea flood / / ^ vc d insurance Rate Map No. 48439CO437H, dated CITY OF ARLINGTON 08/02/i to TWA'. 995. Floo Property le k, zone X. CITY OF KENNEDALE Bearings ar based on the atcdy the f Lot 2, Block 1 of SOUTHWEST / (APPROXIMATE CITY LIMITS) / CROSSING ADDITIQV, o addtlan to the Clfles of Kennedde and Arlington, according to the plat there./ n ee In Cabinet A, Slide 11955, Plat Recordo, Tarrant County, Texas U101ty information is Indeed upon riefd measurements, d the best avagable der. Field date is ihnited to That which Is Nsb1e and con be measured. This does not preclude the existence of other underground items. Record 10-11- la based uppon data c.I(.I,d Gam holh Wblie and private sources e carpi I- of line record. cannot be guaranteed, except insofar os .rb th th.y rnn 6. v 17Z by field me— norrenta s •IF ' BENCHMARK: Center median of Little Road 25' south o/ U.& Highway N. 287 fhb..d —W.. road a BRASS DISK set k1 concrete base of traffic .land. �® ? ' Mapsco page 94 -T ELEVATION= 660.809. / W N. '; p ; /' BENCHMARK (IBM) 'X' Cut sal. SE coma of c.—t. hie! fh.f la / 0 a' d / approxlmaldy 42.0 teat west Gam the soulhmost we.t cans o/ Lot 2, Block SWTHWEST CROSSING ADDITION, .—dk,9 to the plot thereof recorded In Cabinet A S'. 11958, 8 � for O� p ELEVATION 691.94 feet �J Copyright of Pb - e Pibum Partners, U.C. All Rights Res This drawing Is the H. wfth - expres proper at a. Nb p & Pa. ers, rtn LLC. Any Pb .Non of this drawing 4 �` Yd without the s wwr vuthaizafian of & P artners, LLC !s prahbiled. _DENCHMARK CITY MONUMENT ®96 -19 -4 BRASS DISK SET IN CONCRETE BASE OF TRAFFIC SIGNAL LOCATED IN CENTER MEDIAN OF LITTLE SCHOOL ROAD 25' NORTH OF US 287 SOUTHBOUND SERVICE ROAD. ELEVATION= 680.809' ZONING SURVEY HWY 287 AND LITTLE SCHOOL ROAD CONTRACTOR TO ONLY UTILIZE CIVIL ENGINEERING PLANS STAMPED AS CITY OF KENNEDALE APPROVED BY THE CITY OF o PA TMENT N WORKS DN. TARRANT COUNTY, TEXAS ®'® ® wI ALD DATE ® 04/14/08 THIS DOCUMENT IS RELEASED FOR �® ENGINEERING LLC T'= 0 THE PURPOSE OF INTERIM REVIEW JOB NO UNDER THE AUTHORITY OF BRANDON 1601 E. Lamar Blv O'DONALD, P.E. N0. 9020.1 ON , Suite 210 OD07063 04/14/08. Arlington, Texas 76011 SHEET Phone 817.794.0202 Fax 817.548.8430 § REGISTERED PROFESSIONAL SURVEYORS STATE OF TEXAS COUNTY OF TARRANT § C \R I , a W thotize Sundance Consolidated, 1_L acting by and through the undersigned, its duly [� L®(i ultrarized agent is the solo owner of f a tract of land situated in the David Strickland Survey, . LA SU L. P. Abstract 1376, Tarrant County, Texas according to the deeds recorded in County Clerks O Document Number 0207458151 and 02077458152, Deed Records, Tarrant County, Texas «nd Cb � � ��� a LAND TOPOGRAPHIC being more particularly described as folPows: CONSTRUCTION SURVEYING Being Lots 2 and 3, Black 9, Oak Crest, a subdivision of a port of the David Strickland Survey, Tarrant County, Texas occurring to the plot recorded in Volume 388 -C, Page 81, Plot Records, ( t/ J�� M ETRO 817 -4`L� -0194 Tarrant County, Texas, and Lots 1 -A through 1 -C Black 9, Oak Crest an addition to Tarrant �P J� ! P. 0. BOX 8873 County, Texas according to the revised plot. recorded in Volume :388 -55, Page30, Plat Records, / o DOUG RICHARDS \ FORT WORTH, TEXAS 76124 FAX 817 -446 -5488 Tarrant County. V. 12442, P. 1555, \ — }.*° D.R.TC. T. BEGINNING at an 1/2" iron rod slumped BEASLEY RPLS 4050 set at the East corner of said U 5/8" IRON ROD /!;,(� b. gay Lot 3; O e FOUND ' 7 �. 16 �/ THENCE 533'43'43 "W, a distance of 180.84 feet to on I 12" iron rind stomped BE RPLS Q 4050 set at the South corner of said Lot 3; STATE OF TEXAS �AV oyr V. 3188, P. 286, �� / " �Q 3� THENCE NCE N29 ;55'17 "W, o distance of 272.04 feet along the Westerly lines of said Lots 2 and 3 D. R. T. C. T. eF i LINDA TE Q .. Q� to an 1" iron pipe found at the West corner of said Lot 2, being the Southeast corner of said Lot • 1�c� s /e" IRON R V. 7464 1095 NCINITY MAP t - -B; ` Q` , oUND's1- s D. .T.C.T. 06'43 "E MAPSCO 93 -T 4.02' -` "1 1383` SCALE 1" =2000' THENCE 580'48'43 "W, o distance of 99.00 feet to on I" iron pipe found in the East right-- of -wey X38'45'36" 25 line of Lindoie Road according to sold plat of Oak Crest recorded in Volume 388 -C, Page 81, R =1'16.04 Plot Records, Tarrant County, Texas, at the Southwest corner of said Lot i -B; L =78.50 MILES ASA PEABODY 3 L =N 13 '31" E RON PIPE Cr �/ Inn". V 9432, P. 6, THENCE afang said East righi -of -way line as tdlows: 1 ,• , 15 D.R.T.CT. Q BLOCK 5, I. N06'21'17 "W, a dislonce of 130.00 feet to an 1/2" iron rod stamped BEASLEY RPLS 4050 OAK CREST set; ; i.C.i• = 30,2' \�S V. 388 -C, P. 81, APPSO ale CITY LIMIT P \ T P. R. T. C. T. 2. Northerly, 78.50 feet, along a curve to the right, having a radius of 116.04 feet a crnbai STATE OF TEXAS 0.8' N to.t ,�\!� `\ angle of 38'4536' and a chord bearing N13`01'31 "E 77.01 feet to an 112' iron rod stomped ` V 3188, P. 286 1 IN ROD `` J. \ BEASLEY RPLS 4050 set, from which a 5/8' Iron rod found bears N48 2251"W a distance of D. T c I" IRON PIPE Z METAL ` \ ESTATES OF 4.02 feet, FOUND p4. �iG o E „z S BRACKEEN & \\ rl m TO REMAIN , 6'y f4. S D PHARES \ 3. N83`O6 ° 43 "E, a distance of 25.30 feet to an I /2" iron rod stomped BEASLEY RPLS 4050 set I" IRON PIPE V. 13401, P. 415, in the Westerly line of Kennedole Street according to said plat of Oak Crest recorded in Volume LEROY MOORE SR. J o, T,F rouNa � 388 -C, Page 81, Plat Records, Tarrant County, lexas; DBA L &M MANAGEMENT CO. Z D.R.LC. T. , CJ s V. 12630, P. V342, 70.0' ti THENCE along said Westerly right -of -way line as fails.,: D. R. T. C.T. (- ° l O O. �� 2 \ M o \ M ETAL `ti 'Sp. p 1. S46'11'17'E, a distance of 277.50 feet to a point; 4 I I o N29'S9'I 7 -�- \ To REMAIN /. ' �h. / GERARADO CRUZ `� O ° 71.10 \ \ a, C.C. NO. D206200445 2. Southeasterly, 135.49 feet, along a curve to the left, having a radius of 769.53 feet, a central © m 8' \ ° S• U D. R. T. C. T. angle of 10'05'17` and a chord bearing S51'13'56 "E 135.32 feet fa the point of beginning, UTIL \ \ \\ 9 h' containing .245 acres of land. ` ITY ESMT. � \., ( `L O 13 9 -- V. 38 P. 3v, P.R. T C T \ \ \ \.\ The bearings recited hereon are oriented NAD 83 North Central Texas grid. - • i" IRON PIPE / gg,0O' \FOUNO KNOW ALL MEN BY THESE PRESENTS: LINDA WHITE LEROY MOORE SBO'4843 `N \ V. 7523, P. 850, That I, _- _ -- _ _.._ -_ __ ._ -_- ....._ ___.... W Sundance i" IRON PIPE. To N 6926368 894 cR: . \ �10'OS'3 P Consolidated lLC does hereb certi that Sundance Consolidated Ii C, is fire leg al owner of V. 15141, P. 415, cR,D E 2355627.15 \ / D. R. T. C. T. Y Y 7 5 BLOCK 7, RxtNn \ R= 769.53 the above described land, does hereby adopt the herenobove described real property as Lot LAST tUfif: 32'39'45.872" \ ' OAK CREST LONaiUOE: - 97',4'31,RDI V L= 135.49 1 -R, Block 9, Oak Crest an addition to the City of Kennedole, Tarrant County, Texas and does V. 388 - -C, P. 81, \ \ LC =S 51`13'56 E 12 hereby convey to the public for public use, the streets, alleys, right - -of- -ways, easements and any P.R. T. C. T. ERVIN & SYLVIA CRUTHFIELD \ \ 135.32 other public areas shown on this plat. - -, V. 8318, P. 1550, \ \ LOT 1-R, \ D. R. T. C. T. \ BLOCK 9 \ ~ NOR PIPE I" IRON PIPE_ 1, \ FOUND Sundance Consolidated, LLC FOUND I I I 74 °'�\ 54,218 sq, ft. '\ \ \ 1.245 acres STREET \ -------_..-----.-------.-..__._._...----...---.....- d`. 0 .81, \ JERRY F4 BACON SR, 25. BLOCK 9, �,\ \ . • P.R. T.C. T. C. T. Y ' ' V. 388 -C, b V. 8332, P. 1875, 25.0 OAK CREST Ji \ \ D.RA.C.T. - -� V. 388 -C, P. 81, \ 6 P.R. T. C. T. \ \ S P08 \ •\ STAT[: OF TEXAS § 500 I/2' IRON ROD\ 3, `.. FOUND ` \ aM �\„ ��.,,\\ `\i COUNTY OF TARRANT § i" IRON PIPE \ \ , \' BEFORE ME, on this day personally appeared -- < FOUND \ y B \` of Sundance Consolidated, 1.1C known to me to be the person whose norne is subsfibed to ?�A �`� \ the foregoing instrument, and acknowledged to me that he /she executed the some for the m OAK K CREST 9, REST \ ` rn purposes and considerations and in the capacity therein stated. �.\ V. 388 -C, P. 81, \ I m 23 \ \ ,q>� P. R. T. C. T. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ___ -_. ___ day of I HAROLD F TYK \ \ 4 �\ `� ________- _________._ 2008. 7 a V. 6771, P. 489 \ \ WENCESLACO BARRERA, &ETUX D.R.TC.T. \ \ RUTH BARRERA /AUDREY & KAREN IVEY __ \\ V. 10960, P. 2229, V. P. ��.... V D.R. T.C. T. D.R.T.C.T. of Texas, hove surveyed the above described property on the ground, and that all lot corners, C r A a\ n 'G! t oE sss° FoutJO ROO �a ° e l nat a ori fs inol r �o p r deer s BEA(1EY v 40S0'! I I ore darns c ed n , disturbed l be 1/2' iron reds _ - cRlo L: 235,762432 5 / Pp p c g cr not so marked _ — 9 FLORENCE E. TYK ___1 \ V. P. PRELIMINAYTy 1HIS PI AT SFEATL NOT HE FII FD g / Herbert S Heasley R P L \� A..'�4 6 Texas Registration No 4050 the Cloy Council of the City of Kennedole, Texas 1ha Planning and Zoning C xrnr.,nion of day of 2008 ...... ........... ...:.... e... / / _-_... \. �� HERBERT S. BEASLEY vo ted affu r'natively art this_ - - - -day of _ the lily f Kr nne<fale, IexaS voted / '• °•' °• °` 4050 v7 -. _.__- 20 o 08 to approve of affirmatively on this _- __ _ day of this flat for_ i" ot- vecord. \ __.. ..... 2008 to POPESS1o",".rg2 Mayor, recommend approval of this Plat by Lhe City Council. -. -- v \ Re plat, Plat of y , City of Kennedole Lot 1 —R, Block 9, Chairman, Plonng end Z-6 C— mi-ron OAK CREST 9 Attest! City Secretary ni / an addition to the City of Kennedale, - - -- -- - - - -- -- - -- -. - -- -- Tarrant Count Texas WILLM A JONES A test acre( try FlannlncJ' and Zonl ig Commis on County r V. 8609, IA P. 1174, __ --- -- f being a revision of Lots 2 and 3, Block 9, Oak Crest, a Subdivision of the David Strickland D. R, T. C. T. - Survey, Tarrant County, Texas according to the plat recorded in Volume 388 -C, Page 81, Plot - - -- // Records, Tarrant County, Texas, and Lots 1 -A through 1 -C, Block 9 Oak Crest an addition to, - � Tarrant County, Texas according to the revised plot recorded In Volume 388 -55, Page 30, Plat SURVEYOR -- _ _ - -- Records, Tarrant County, Texas containing 1.245 acres of land. Owner /Developer HERBERT S. BEASLEY LAND SURVEYORS L.P. 0 50 100 150 Sundonce Metal Fabricotors, I t C P BOX 8873 / Prepared February, 2008 12306 Technology Blvd, FORT WORTH, TEXAS, 76124 Austin, Texas 7 72J / SCALE_ 1 " =50' 512 219 -.5901 817 -429 -0194 FAX 817-416- 5488 THIS PLAT FILED IN CABINET SLIDE_ 512 219 -0414 FAX HEARIN D 63 EMAIL hsbeasle isa Cara R A Ncs Na NoR1Ie 866836 rFZas cit e - -- I - - - -- www nwiron. com } tir'ALF FAG70R .99486rr036 / ltpd�, a�c r a r C or�P , � •- •v � c ��al�„ �r �„Ra„�., y STATE OF TEXAS V. P. 28fi, 4, i a Z_ WHEREAS, Sundance Consolidated, LLC acting by and,lhrough the undersigned, its duly D.R. F o D.R. T.C. T. �P� 7 ZONE Cl LINDA V TE �.9 J t authorized agent is the sole owner of a tract of land situated in the David Strickland Survey, JP�c;T 5/8 IRON R V. 7464 . 1095 �,� Abstract 1376, Tarrant County, Texas according to the deeds recorded in County Clerks 'FWt4O of s \ D. .T.C.T. ,1- Document Number D207458151 and D207745B152, Deed Records, Tarrant County, Texas and Q' N4 9`22'51'N 43 "E described as follows: 4.02 ' N83'06 \ oP be ing more p orticuladi y LF3$'45'36 25.30 \ \ Being Lots 2 and 3. Block 9, Oak Crest, a subdivision of a part of the David Strickland Survey, R= 116,04 - VICINITY MAP X 9 PIPE Tarrant County, Texas according to the plat recorded in Volume 388 -C, Page 81, Plat Records, 1 IRON L =78.50 �� - MILES ASA PEABODY , Tarrant Count Texas, and Lots 1 -A through 1 -C Block 9, Oak Crest an addition to Tarrant ;? V. 9432, P. 6 \ 3�;"(;r: ; ?� LC =N 13. '31 E /� FOUND MAPSCO 93 - T County, Texas according to the revised plat retarded in Volume 388 - 55, Poge30, Plat Records, r ;ysr, i,:�_c ••; ,77.01 / \ �/� 15 D.R. T.C. T. Tarrant County. BLOCK 5, • .3?'1>.3 - -C, P. S'!, �� ZONE C1 OAK CREST P.R. C.G.i•. F V. 388 -C, P. 81, The bearings recited hereon are oriented NAD 83 North Central Texas grid. EMENT CO. APPRO. ATE Gtt DNIT \ S P. R. T.C. T. KNOW ALL MEN BY THESE PRESENTS: STATE OF TEXAS V. 3188, P. 286 \ 1�J$ IRON Roo ESTATES OF Tha I, _ __ -_ -__ ___ _, _____ ________ _ ______ of Sundance D.R.T.C.T. I'OUr4 `S � Con LLC does hereby certify that Sundance Consolidated, LLC is the legal owner of 1 IRON PIPE z METAL Q � � E. BRACKEEN & the above described land, does hereby P property ado t the hereinabove described real as Lot 1- FouND o Y N WD 1" >>>°. 14 S D PHARES R, Block 9, Onk Crest an addition to the City of Kennedale, Tarrant County, Texas and does I' IRON PIPE V. 13401, P. 415, \ hereby convey to the public for public use, the streets, alleys, right -of -ways, easements and any F- TO REMAIN ZONE' C1 F FOUND LEROY MOORE SR. Z D.R.T.C.T. other public areas shown on this plat. DBA L &M MANAG p g .,_C V. 12630, P. 1342, )> D.R,EC.T, fi; . , . METAL. Sp. / ZONE C1 / \ Sundance Consolidated, LLC 4 ZONE Cl I ,-p o ro N29'59'17 "w 71,10.� - \\ � a �h / GERARADO CRUZ o, u. ' \ \ C.C. N0. D206200445 o D.R.T.C.T. by r UTILITY ESMT. \ \ A( `b� O _ V. 388 - 55, P. 30, ,'O 13. STATE OF TEXAS § P.R.T.C.T, \ \ COUNTY OF THRRANT § ..I _J.3 ZONE Cl 1 IRON PIPE / ZONE Ci 99.00' LINDA WHITE BEFORE ME, on this day personally appeared ___ - _ ' ------ - -- ROY AIOORE 0.48 \ FOUND ZONE Ct 43 W \ \ ZONE R3 \ " V. 7523, P. 850, of Sundance Consolidated, LLC known to me to be the person whose name is subscribed to LE V. ROY P. 415, 1 IRDr1 PIPE aw0 N:8928380.894 PROPOSED ZONE C1 X10'05'17 aR :6926 a27.t5 \ D.R.T.C.T. the foregoing instrument, and acknowledged to me that he /she executed the some for the 5 BLOCK 7, FOUND LATITUDE: 32'39'45,872 OAK CREST LONGITUDE: - 0714' 31.109" \ R- 53 D.R.T.C.T. \ L =135.49 purposes and considerations and in the capacity thereto stated. V 38 C P 81, \ Y \ . 8 -, P. \ \ LC =�S 51 55 E 12 GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ----- day of PT ERVIN & SYLVIA CRUTHFIELD , .R. T - _- ____ -__- 2008. \ ♦ 135.32 \ V. 8318, P. 1550, \ \ LOT 1 -R, D.R.T.C.T. \ \ BLOCK 9 \ 1 IRON PIPE t IRON PIPE ZONE R3 �\ FOUND FOUND I I 24 �,p \\ \ 1.245 acres STREET ZONE Cl BLOCK 9, �.\ \ ZONE R3 V. 388 -C, P.81, ZONE R3 1250 I 25.0'' OAK CREST y \ \ PROPOGED ZONE C1 P.R.T.C.T. 11 6 ZONE R3 7 I I I ' e I 1 V. 388 -C, P. 81, P.R.T.C.T. // F'WND ON RW\ \ �� ^z 1 IROM PIVE \\ \\ � ZONE R3 \\ FOUND r ,�\ \ BLOCK 9, \ OAK CREST \ \\ 4 V. 388 -C, P. 81, I m 23 \ \ ^�� P.R.T.C.T. ZONE R3 \ \ I �-1•m HAROLD F TYK ZONE R3 \ \ 4 V. 6771, P. 489 \ \\ WENCESLACO BARRERA, &ETUX I D.R.T.C.T. \ \ \ RUTH BARRERA AUDREY &KAREN IVEY \ V. 10960, P. 2229; V P, This is to Certify that I, Herbert S. Beasley, a Registered Professional and surveyor of the Slate \ \ D.R.T.C.T. O.R.T.C.T. of Texas, have surveyed the above described property on the ground, and that all lot corners, G1iD N:8926IJ3.14S VON IRON ROD angle point:, and points of curve shall be set after construction and will be 1/2" iron rods \ M e23ss7s2.a3z FOUND capped and stomped "BEASLEY 4050 ". Irons that are damaged , disturbed, or not so marked ZONE R3 \\ A a n iG,TUDE. 32 97`142s.555° / 5 are not aril ginal corners. FLORENCE E. TYK / ___ R o'SVie•• F D.R.T.C.T. 22 _ / Herbert S. Beasley R.P.L.S. \ qe n R FO 9 I / 6 Texas Registration No. 4050 ERT .s The City Council of the City of Kennedale, Texas The Planning and Zoning Commission of/ \ \ HERB S. BEASLEY voted affirmatively an this ------------ day of the City of Kennedale, texas voted '• 405 2008 to approve of affirmatively on this _- _ -_ -__ day of . e this Plat for filin of- record. _____ _____ - _ 2008 to \'�FESSt „,i0 --- - -- -- recommend approval of this Plat by the / Cit Council. Re -plat, Plat of Mayor, City of Kennedale / Lot 1 -R, Block 9 , Chairman, Planning and Zonin Commission PARK CREST . - --- ----- City - Secreta --- ry ------ ----- - -- -- - -- / an addition to the City of Kennedale, Attest ------------------- - - - - -- - - -- - -- Tarrant County, Texas, I YiILLIAM A JONES A test: Secretary Planning' and Zoning Commission sfal of Ufa David Strickland V. 8609, P. 1174, / being a revision of Lots 2 and 3, Block 9, Oak Crest, a Subdlai D.R. T.C.T. Survey, Tarrant County, Texas according to the plat recorded In Volume 388 -C, Page 61, Plat Records, Tarrant County, Texas, and Lots 1 -A through 1 -0, Block 9 Oak Crest an addltiaf to, _ Tarrant CZty, Taxes acccedtng to the revised plat reo"cled In Vadume 388 -55, Page 30, Plot SURVEYOR Records, Tarrant County, Texas containing 1.245 acres of land. Owner Developer HERBERT S. BEASLEY LAND SURVEYORS L.P. Prepared February, 2008