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R340Resolution No. 340 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, DEDICATING 4.542 ACRES OF PARKLAND LOCATED IN SONORA PARK AS DESCRIBED IN EXHIBITS (A) (B) (C) & (D) ATTACHED AS OPEN SPACE FOR PERPETUITY, AS REQUIRED BY THE TEXAS PARKS AND WILDLIFE DEPARTMENT; APPROVING THE TERMS AND CONDITIONS OF THE AGREEMENT; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER AND MAYOR; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND APPROVING AN EFFECTIVE DATE. WHERAS, the City of Kennedale City Council desires to provide quality park facilities for the residents of Kennedale; and WHERAS, the City of Kennedale has obtained a grant from the Texas Parks and Wildlife Department for the development of a community park and desires to comply with all of the requirements set forth in the grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS THAT; SECTION 1. In order to fulfill the requirements of the Texas Parks and Wildlife Department's grant to the City of Kennedale, the City Council of the City of Kennedale, Texas hereby designates 4.542 acres of parkland in the City of Kennedale Community Park for open space. SECTION 2. The Mayor of the City of Kennedale, along with the City Manager, are hereby authorized to execute the appropriate documents approving the terms and conditions of the agreement with the Texas Parks and Wildlife Department. SECTION 3. Any prior Resolution of the City Council in conflict with the provisions contained in this Resolution are hereby repealed and revoked. SECTION 4. Should any part of this Resolution be held to be invalid for any reason, the remainder shall not be affected thereby, and such remaining portions are hereby declared to be severable. SECTION 5. This resolution shall take effect immediately from and after its passage and it is so duly resolved. DULY PASSED AND ADOPTED by the City Council of the City of Kennedale, Texas, on this the 14"' day of October, 2010. Srya� L44,Wrr� Bryan Lankhorst Mayor ATTEST: L City Secretary, TRMC /CM APPROVED AS TO FORM: Wayne Olson, City Attorney Exhibit "A" Being 2.206 acres of land located in the M.F. Scott Survey, Abstract No. 1450, Tarrant County, Texas, being a portion of the tract of land described in the deed to S.M. Love, recorded in Volume 1740, Page, 554. Deed records, Tarrant County, Texas. Said 2.206 acres of land being more particularly described as follows: BEGINNING at an '/2 "- iron rod stamped BEASLEY RPLS 4050 set In the North Line of said Love tract being the South line of a tract of land described in the deed to the City of Kennedale, Texas recorded in Volume 6003, Page 710, Deed Records, Tarrant County, Texas, lying N89'12'22 "E, a distance of 1.080.18 feet from a 7/8" iron rod found at the Northwest corner of said Love tract being the Southwest corner of said City of Kennedale tract; THENCE N89'12'22 "E, a distance of 239.26 feet along the common line of said Love tract and City of Kennedale tract to an Y2" Iron rod stamped BEASLEY RPLS 4050 set at the Northeast corner of said Love tract, from which a 3/8" iron rod found at the Northwest corner of a tract of land described in the deed to C. D. Fincher and Mary Lane Fincher recorded in Volume 6928, Page 119, Deed Records, Tarrant County, Texas bears N87'11'03 "E a distance of 30.12 feet and an W iron rod found at an ell corner in the South line of said City of Kennedale tract bears N89'12'22 "E a distance of 172.76 feet; THENCE S00'08'25 "E, along the East line of said Love tract at a distance of 590.91 feet passing a point In the North line of a tract of land described in the deed to Texas Electric Service Company recorded in Volume 3953, Page 36, Deed Records, Tarrant County, Texas From which a 3/8" iron rod found at the Northwest corner of said Texas Electric tract recorded In Volume 3953, Page 36, bears S89'54'30 "W a distance of 0.96 feet, in all a distance or 639.01 feet to an Y2" iron rod stamped BEASLEY RPLS 4050 set at the Northeast comer of a tract of land described in the deed to Texas Electric Service Company recorded in Volume 3957, Page 554, Deed Records, Tarrant County, Texas; THENCE S89'22'49 "W. a distance of 76.30 feet along said Electric Service Company tract to an 1 / " iron rod stamped BEASLEY RPLS 4050 set, from which an 1" iron rod found at the Northwest comer of said Electric Service Company tract bears S89'22'49 "W a distance of 1241,68 feet; THENCE N68'07'37 "W, a distance of 13.84 feet to an'/' iron rod stamped BEASLEY RPLS 4050 set: THENCE N47'37'27 "W, a distance of 52.38 feet to an %2' iron rod stamped BEASLEY RPLS 4050 set THENCE N1 1'49'48"W, a distance of 99.13 feet to an' /" iron rod stamped BEASLEY RPLS 4050 set THENCE N27'57'39 "W, a distance of 57.33 feet to an' /" iron rod stamped BEASLEY RPLS 4050 set THENCE N14'18'41 "W, a distance of 21.19 feet to an 1 /2" iron rod stamped BEASLEY RPLS 4050 set THENCE N1 7'38'36"E, a distance of 65.86 feet to an 1 /2" iron rod stamped BEASLEY RPLS 4050 set THENCE N76'1 0'48"E, a distance of 42.55 feet to an Y2" iron rod stamped BEASLEY RPLS 4050 set THENCE N55'1 0'02"E, a distance of 32.21 feet to an 1 /2" iron rod stamped BEASLEY RPLS 4050 set THENCE N05'34'46 "E, a distance of 32.63 feet to an %2' iron rod stamped BEASLEY RPLS 4050 set THENCE N22'1 0'43"W, a distance of 53.93 feet to an' /" iron rod stamped BEASLEY RPLS 4050 set THENCE N50'1 9'38"W, a distance of 16.13 feet to an %2 iron rod stamped BEASLEY RPLS 4050 set THENCE N20'36'02 "W, a distance of 53.38 feet to an'/" iron rod stamped BEASLEY RPLS 4050 set THENCE N27'1 5'40"W, a distance of 217.86 feet to an %2 iron rod stamped BEASLEY RPLS 4050 set Exhibit "B" Being 1.381 acres of land located in the M.F. Scott Survey, Abstract No. 1450, and the C.B. Teague Survey, Abstract No. 1506, Tarrant County, Texas, being a portion of the tracts of land described in the deed to Texas Electric Service Company, recorded in Volume 3957, Page, 554, and Volume 3953, Page 36, Deed Records, Tarrant County, Texas. Said 1.381 acres of land being more particularly described as follows: BEGINNING at an %2 iron rod stamped BEASLEY RPLS 4050 set in the North line of said Electric Service Company tract recorded in Volume 3957, Page 554, lying N89 0 22'49 "E a distance of 1241.68 feet from an 1" iron rod found at the Northwest corner of said Electric Service Company tract recorded in Volume 3957, Page 554; THENCE N89 0 22'49 "E, a distance of 76.30 feet along said North line of said Electric Service Company tract recorded in Volume 3957, Page 554, to an '/" iron rod stamped BEASLEY RPLS 4050 set in the West line of said Electric Service Company tract recorded in Volume 3953, Page 36; THENCE N01 0 16'38 "W, a distance of 48.11 feet along said West line 3/8" iron rod found at the Northwest corner of said Electric Service Company tract recorded in Volume 3953, Page 36, and an %2 bent iron rod found at the approximate Southwest corner of a tract of land described in the deed to C.D. Fincher and Mary Lane Fincher recorded in Volume 6928, Page 119, Deeds Records, Tarrant County, Texas bears N89 °23'59 "E a distance of 32.86 feet; THENCE S89 0 54'30 "E. a distance of 222.41 feet along the North line of said Electric Service Company tract recorded in volume 3953, Page 36, to an %" iron rod Stamped BEASLEY RPLS 4050 set; THENCE S43 0 43'57 "E, a distance of 28.20 feet to an '/2" iron rod stamped BEASLEY RPLS 4050 set; THENCE S41 0 31'51 "E, a distance of 124.40 feet to an %" iron rod stamped BEASLEY RPLS 4050 set; THENCE S36 0 28'24 "E, a distance of 76.88feet to an' /2" iron rod stamped BEASLEY RPLS 4050 set; THENCE S28 9"E, a distance of 64.60 feet to an' /2" iron rod stamped BEASLEY RPLS 4050 set; THENCE S42 0 29'08 "E, a distance of 37.57 feet to an %2 iron rod stamped BEASLEY RPLS 4050 set in the South line of said Electric Service Company tract recorded in volume 3953, Page 36; THENCE N88 0 15'59 "W, a distance of 199.18 feet along said South line to an '/2" iron rod stamped BEASLEY RPLS 4050 set from which an '/" iron rod found at the Southwest corner of said Electric Service Company tract recorded in Volume 3953, Page 36, lies N88'1 5'59"W a distance of 221.61 feet; THENCE N35 0 41'22 "W, a distance of 90.06 feet to an 1/2" iron rod stamped BEASLEY RPLS 4050 set; THENCE N52 0 20'50 "W, a distance of 106.54 feet to an 1/2" iron rod stamped BEASLEY RPLS 4050 set; THENCE N68 0 27'37 "W, a distance of 178.16 feet to the point of beginning, containing 1.353 acres in the C.B. Teague Survey and 0.028 acres in the M.F. Scott survey for a total of 1.381 acres of land. The bearings recited hereon are oriented to NAD 83 North Central Texas Grid Bearings. Exhibit "C" Tract 1: Being 0.565 acres of land located in the C.B. Teague Survey, Abstract No. 1506, Tarrant County, Texas, being a portion of the tracts of land described in the deed to C.D. Fincher and Mary Lane Fincher, recorded in Volume 6928, Page 119, Deed Records, Tarrant County, Texas. Said 0.565 acres of land being more particularly described as follows: BEGINNING at a point lying in the North line of a tract of land described in the deed to Texas Electric Service Company, recorded in Volume 3953, Page 36, Deed Records, Tarrant County, Texas, at the Southwest corner of said Fincher tract, from which a 3/8" iron rod found at the Northwest corner of said Electric Company tract bears S89'54'30 "W a distance of 32.86 feet and an '/2" iron rod found bears S00; 18'59 "E, a distance of 0.40 feet; THENCE N00 0 18'59 "W, a distance of 521.14 feet along the west line of said Fincher tract to an %2" iron rod stamped BEASLEY RPLS 4050 set from which a 3/8" iron rod found at the Northwest corner of said Fincher tract, bears N00'18'59 "W a distance of 71.21 feet; THENCE S31 0 13'03 "E, a distance of 58.62 feet to an 1 /2" iron rod stamped BEASLEY RPLS 4050 set; THENCE S14 °56'08 "E, a distance of 77.83 feet to an ' / 2 " iron rod stamped BEASLEY RPLS 4050 set; THENCE S17 0 18'39 "W, a distance of 153.16 feet to an 1 /2" iron rod stamped BEASLEY RPLS 4050 set; THENCE South, a distance of 93.25 feet to an '/2" iron rod stamped BEASLEY RPLS 4050 set; THENCE S57 0 13'55 "E, a distance of 102.11 feet to an 1 /2" iron rod stamped BEASLEY RPLS 4050 set; THENCE S46 0 41'59 "E, a distance of 74.26 feet to an '/2" iron rod stamped BEASLEY RPLS 4050 set; THENCE S43 0 43'57 "E, a distance of 68.95 feet to an '/2" iron rod stamped BEASLEY RPLS 4050 set in the south line of said Fincher tract; THENCE N68 0 27'37 "W, a distance of 189.55 feet along said south line to the point of beginning, containing 0.565 acres of land. NOTE: THE COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. Exhibit "D" Tract 2: Being 0.390 acres of land located in the C.B. Teague Survey, Abstract No. 1506, Tarrant County, Texas, being a portion of the tract of land described in the deed to Oliver S. Kennedy and John D. Hudson, recorded in Volume 37, Page 270, Deed Records, Tarrant County, Texas. Said 0.390 acres of land being more particularly described by metes and bounds as follows: BEGINNING at an %2 iron rod stamped BEASLEY RPLS 4050 set in the most Easterly West line of said Teague Survey, lying S00'08'25 "E, a distance of 19.52 feet from an %2 iron rod stamped BEASLEY RPLS 4050 set at the Northeast corner of a tract of land described in the deed to S.M. Love, recorded in Volume 1740, Page 554, Deed Records, Tarrant County, Texas, said Northeast corner being the Northeast corner of the M.F. Scott Survey, Abstract No. 1450, Tarrant County, Texas THENCE S31 0 13'03 "E, a distance of 58.70 feet to an Y2" iron rod stamped BEASLEY RPLS 4050 set in the West line of parcel No.1 described in the deed to C.D. Fincher and Mary Lane Fincher recorded in Volume 6928, Page 119, Deed Records, Tarrant County, Texas from which a 3/8" iron rod found at the Northwest corner of said Fincher tract bears N00'1 8'59"W a distance of 71.21 feet; THENCE S00 0 18'59 "E, a distance of 521.14 feet along said West line of the Fincher tract to a point in the North line of a tract of land described in the deed to Texas Electric Service Company, recorded in Volume 3953, Page 36, Deed Records, Tarrant County, Texas at the Southwest corner of said Fincher tract from which an 1 /2" iron rod found bears S00'18'59 "E, a distance of 0.40 feet; THENCE S89 0 54'30 "W, a distance of 31.90 feet to along the said North line of the Texas Electric tract to a point in the West line of said Kennedy tract, said point lying N89'54'30 "E a distance of 0.95 feet from 3/8" iron rod found at the northwest corner of said Texas Electric tract; THENCE N00 0 08'25 "W, a distance of 571.39 feet along said west line of the Kennedy tract to the point of beginning, containing 0.390 acres of land.