O617ORDINANCE NO. 61 7
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED;
REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY
OF KENNEDALE FROM "R -3" SINGLE FAMILY RESIDENTIAL DISTRICT TO
"C -2" GENERAL COMMERCIAL DISTRICT; PROVIDING FOR THE
AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH
CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING FOR A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Kennedale Texas is a Home Rule municipality acting under its
charter adopted by the electorate pursuant to Article XI, of the Texas Constitution and Chapter
9 of the Local Government Code; and
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, John Dancer, representing PU Tech Industries, has filed an application to
rezone the property from its present classification of "R -3" Single Family Residential District to a
"C -2" General Commercial District; said property being an approximately .93 acre tract in
the J B Renfro Survey, more particularly described as Lots 4 -7, Block 13, C A Boaz's
Subdivision out of the J B Renfro Survey, Kennedale, Tarrant County, Texas; and
WHEREAS, the City Council has determined that the rezoning conforms to the city's
comprehensive land use plan; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City of Kennedale on the 20 day of October 2016 and by the City Council of the City of
Kennedale on the 21 day of November 2016 with respect to the zoning changes 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 Council does hereby deem it advisable and in the public interest to
amend the City's Zoning Ordinance as described herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1:
The Comprehensive Zoning Ordinance is hereby amended so that the zoning
classification and the uses in the hereinafter described area shall be changed and or restricted
as shown and described below:
An approximately .93 acre tract more particularly described as Lots 4 -7, Block
13, C A Boaz's Subdivision out of the J B Renfro Survey, Kennedale, Tarrant
County, Texas ( "the Property "), being a portion of the property described as
Tract II in Tarrant County Clerk's Office instrument number D206178932, shown
as Exhibit "A" attached hereto and incorporated herein, from "R -3" Single Family
Residential District to "C -2" General Commercial District.
SECTION 2.
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 and with a view of conserving the value of the buildings and encouraging
the most appropriate use of land throughout the community.
SECTION 4.
The City Secretary is hereby directed to amend the official zoning map to reflect the
changes in classifications approved herein.
SECTION 5.
The use of the properties 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 6.
This Ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Kennedale, Texas (1991), as amended, including but not limited to all
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.
2
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists enforcement of any of the provisions of this ordinance shall be fined
not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights or remedies of the City of Kennedale Texas are expressly saved as to any and
all violations of any ordinances governing zoning 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.
SECTION 9.
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.
SECTION 10.
The City Secretary of the City of Kennedale is hereby directed to publish the
caption, Section 1, the penalty clause, the publication clause, and the effective date clause of
this ordinance in every issue of the official newspaper of the City of Kennedale for two days
or one issue of the newspaper if the official newspaper is a weekly newspaper as authorized
by Section 3.10 of the City of Kennedale Charter.
SECTION 11.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law and it is so ordained.
PASSED AND APPROVED ON THIS 2 1 s t DAY OF NOVEMBER 2016.
APPROVED.
mall or, Brian J �nson
3
ATTEST:
City Secretary, Leslie Galloway
EFFECTIVE: (f y Z 5 " l ( p
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne K. Olson
EXHIBIT "K
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fj &tf&C§pally Recorded Tarrant County Texas
Official Public Records 2006 Jun 14 10:11 AM D206178932
Fee: $ 52.00
_ ..-- Submitter: ACS INC
%
OSER'S CERTIFLCATION
Suzanne enderson
CORRECTION RE- FILING ACKNOWLEDGMENT
THE COUNTY O]
IN VOLUMWCA:]BZ T
FILE NO.
COUNTY, TEXAS, ]
61C�
ALL OTHER TERMS, F
DOCUMENT REMAIN
f A T THE'ATTACHED DOCUMENT IS BEING
�OT IAF F THAT CERTAIN
FILED ORD IN THE OFFICE OF
,r� 11-� -� rnz XAS ON 7t j I U 17 . '?-C(
PAGE , OR UNDER CLERK'S
PR ERTY RECORDS, DENTON
G D OR THE SOLE PURPOSE OF:
�
THE STATE OF TEXAS
COUNTY OF hauas
}
THIS JNSIRUMENT WAS ACKNOWLEDGEEA BETOk `'o
DAY OF _. 20QW BY -M� � STA7
FOR THE PURPOSES AND IN THE CAPACITY)►S HERIkIV
"� .4 • T� Y TE OF
,
o < ►.- •»- •,�i�,
KELLY JAMES �
Notary Public
1 N=
State of Texas
My Comm. Exp. 10 -13 -07
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1. 11 r
t�
C ^�
Kvu
COPY OF
THE STATE OF\TE'
COUNTY OF
THIS INSTRUMENT
DAY OP
BEFORE Nm ON THIS
G. F. No. 2226000665
Exhibit A
$E AG 1 , lock 12, of Boaz's Subdivision, an Addition to the City of Kennedale, TARRANT County,
Te as, ac di or plat thereof recorded in Volume 388 -144, Page 90, of the Plat Records of
TA RANT C Tex d being a portion of that tract of land described in deed to Ed E. Harden as
eco r
r tame 6 2043 , Deed Records TARRANT County, Texas;
BEGINN NG 6- a f nd 3/ i at the North corner of Lot 1 R on the
Southwest'- lin rct c og' C ' � )
s f OIdYA�f� I t on rod controlling g monument -C dinal Road (variable width right -of -way), said iron rod being the East
corner of a tr nd scrl din deed to Jack :1. Robinson as recorded in Volume 9449, Page 2384,
of said Deed ,
THENCE South 4 egir into es 22 seconds East, a distance of 173.99 feet to a set 1/2 inc iron
rod at the East corner f s d L 1 and o"e Southwest line of said Old Mansfield - Cardinal Road and
being on the Northwes lin AI L oot undeveloped right -of -way) from which a found 5/8 inch
iron rod bears South 81 egrees 3��iin u s 44 seconds East, 1.05 feet;
THENCE South 48 degrees - 0O mhfutes V0 se onds West, a distance of 175.76 feet along the Northeast
line of said Alma Lane to a 4 ' inch , o rd at the South corner of said Lot 1 R and being the East
comer of Lot 4, of aforesaid Bloc 12rBBoqz s S }t bdiv' 'on (Vol. 388 -23, Pg. 29 );
THENCE North 41 degrees 34 min es rwl ondvWest, a distance of 174.76 feet along the common
line of said Lot 1 R and Lot 4 to a se / fnch 'x n rod at the est corner of said Lot 1 R and the North
corner of said Lot 4 and being on the 80 line of afore id obinson tract;
THENCE North 48 degrees 15 minutes 00 seconds st�' nc of 175.00 feet along the common line
of said Robinson tract and said Lot 1R to the P SIT O EG NNI G and containing 30,660 square feet
or 0,704 of one acre of land, more or less.
TRACT 11:
BEING Lots 1 -7, Block 13, of Boaz's Subdivision, an Addi on r-theq ilof Kennedale, TARRANT County,
Texas, according to the map or plat thereof recorded in olu 88- 3, Page 29, of the Plat Records of
TARRANT County, Texas, and being a portion of that trac f la cribe in deed to Ed A. Harden as
recorded in Volume 6992, Page 2043, Deed Records, TAR T nt Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a found 5/8 inch iron rod (a controlling monument nth Sit we line of Old Mansfield -
Cardinal Road (variable width right -of -way), said iron rod being the Ea tcor of t 1, Block 13, and
being the North corner of Lot 14 -R -1, Boaz's Subdivision, an addition to the �e t dale, TARRANT
County, Texas, according to the plat thereof recorded in Cabinet nger., Plat Records,
TARRANT County, Texas, same being that tract of land described in deed o B rl ilder Inc., a Texas
corporation, as recorded in Doc. No. D204198661, of said Deed Records;
THENCE South 48 degrees 00 minutes 00 seconds West, passing the Wester of of
and the North corner of a tract of land described in deed as Lot 14 -R4 to Maxine Tic
Volume 14714, Page 274, of said Deed Records, and continuing a total distance of 4 7
1/2 inch iron rod (a controlling monument) at the South corner of Lot 7, of said Block 2 t
line of said Lot 14 -R-4 and being the East corner of a tract of land described as Lot 8,r(
Davidson as recorded in Volume 12117, Page 1965, of said Deed Records;
THENCE North 41 degrees 34 minutes 06 seconds West, a distance of 175.00 feet along
Exhibit A Legal Description (Short) Page 1 of 2
14 -R -1
rded in
i found
3
i>
Davidson tract and said Lot 7 to a set 112 inch iron rod at the North corner of said Lot 8 and
Southeast line of Alma Lane (50 foot undeveloped right -of -way), and being the West corner
degrees 00 minutes 00 seconds East, along the Southeast line of said Alma Lane a
feet to a set 1/2 inch iron rod at the North corner of aforesaid Lot 1 on the Southwest
�_Math-�tield- Cardinal Road from which a found iron pipe bears North 54 degrees 53
lutes 22 seconds East, a distance of 175.01 feet along the Southwest
Road to the POINT OF BEGINNING and containing 71,340 square feet
BEING Lots 4 -7,
County, Texas, accorc
Records of TARRANT
Ed E. Harden as recoi
being more particularly
BEGINNING at a found 112 inbt
North corner of a tract of land i
Page 542, Deed Records, TAF
described in deed to Amber Big
Subdivision, and Addition to the City of Kennedale, TARRANT
)r p t thereof recorded in Volume 388 -23, Page 29, of the Plat
Wei g a portion of that certain tract of land described in deed to
Page 2043, Deed Records, TARRANT County, Texas, and
monument) at the West corner of said Lot 7 and the
: A to Gloria Price as recorded in Volume 15755,
a being on the Southeast line of a tract of land
me 17315, Page 317, of said Deed Records;
THENCE North 48 degrees 00 minutes 60 s nds East, a
rod at the East corner of said Bigham tra nd being the
to Bettie L. Smith and Bettie Jo Smith as recorded in um
being on the Northwest line of Lot 4, of said Block .w
THENCE North 48 degrees 15 minutes 00 secon Edst
at the North corner of said Lot 4 and the West cornier of t
of Kennedale, TARRANT County, TExas, according t"
90, Plat Records, TARRANT County, Texas, and being
in deed to Jack J. Robinson as recorded in Volume 9449,
THENCE South 41 degrees 34 minutes 06 seconds East, at
Southwest line of said Lot 1 R, a distance of 174.76 feet to a
said Lot 1 R and the East corner of said Lot 4 and being of
undeveloped right -of -way);
THENCE South 48 degrees 00 minutes 00 seconds West, a distance OP
line of said Alma Lane to a set 1/2 inch iron rod at the South corner f
corner of a tract of land described in deed as Lot 8B to Robert Edward B
as recorded in Volume 6523, Page 553, of said Deed Records, from which
North 00 degrees 49 minutes 30 seconds West, 0.75 feet;
of 175.69 feet to a set 1/2 inch iron
of a tract of land described in deed
age 416, of said Deed Records and
of 56.31 feet to a set 1/2 inch iron rod
is Subdivision, an addition to the City
�f`r corded in Volume 388 -144, Page
le it line of a tract of land described
said Deed Records;
line of said Lot 4 and the
od at the South corner of
iq-�of Alma Lane (50 foot
THENCE North 41 degrees 34 minutes 06 seconds West, a distance of 175.0(
BEGINNING and containing 40,594 square feet or 0.932 of one acre of land, more
07/,/2005 16 :09 972- 245 -2917 COMMONWEALTH LAND TL
Electronically Recorded Tarrant County Texas
i4# lic Records 2005 Jul 27 01:54 PM
z26000b6S `� Fee: $ 22.00
Submitter: ACS INC
�� arjr,q;ku. witRRA.NTY DEED
Suzanne H ihVENDOR'S LIEN
t1
PAGE 02/06
D205217808
PrICE O CONFIDENTIALITY RIGRTS: IF YOU ARE A NAURAL PERSON, YOU
Y0[O T OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM
[ S BEFORE PI' IS FILED FOR RECORD IN THE PUBLIC
n 0 AL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
MB
THE STA E 0 ��o
0
Ch
0
N
The undersigned, PL S V,�NPI
AS TRUSTIEE OF EN
HARDIN (herein called " t
Dollars ($10.00) and other go
r ua AND TERESA DUNA.WAY ca
acknowledged and confessed, and «h
Grantee of Grantee's one certain promissory
Texas 76060, all of the real property located in Tarrant County;
(herein called the "Property "):
the execution and delivery by
e "Note "), described as folio Ars:
One Hundred Thirs y
rewith, payable to tt e
said Note.
Z in retained, ar ►d being
to Dennis : chwartz,
ese a s GRANT. SELL
pfd /�A�1., Kimlacdale
`micas c follows
SEE ATTACHED EXHIBIT 'A'
' }.
�� TRUE ANO C4RR_
ORIGINALRE**' cnI
TARRANT COLM T Y, rFXA5
5UZANNE HEti(} .RS4i; C W y
Special Warranty Deed with Vender'n Lien .-Page t l r
COUNTY OF A1T��
• being in the principal sum of One H dred
Seven and No/ 100 Dollars ($ 109,137.00 , lots
order of First American Home Lenders, terms
the payment of the Note being secured by the nom'
additionally secured by a deed of trust of even date herewit
Trustee, has GRANTED, SOLI) and CONVEYED, and by
and CONVEY two Grantee whose mailing address is 612
EALTH MANAGE.I2ENT, A TRUST COr IPANY,
TRUST, CREATED UNDER THE WILL Cf ED E.
in consideration of the sum of Ten ana: • No /100
paid by ARVEL D. DUNAWAY, JR
the receipt of which b. hereby
16:09 972 - 245 - 2917 COMMONWEALTH LAND TL
'sub' however, to the exceptions to title sho%%m on Exhibit "B" attached hereto (the " Permitted
"'epti ns "" to HAVE AND TO HOLD the Property, together with all and singular +he rights
ptuten aces thereto in anywise belonging unto the said Grantee and Granters heirs,
xsc�"pre d assigns forever; and Grantor does hereby bind Grantor and ;grantor's
su assi t WARRANT AND FOREVER DEFEND subject to the Permitted
Exceptfpns sings title to the Property unto Grantee and Grantee's heirs, personal
representa ' s 'a� nst every person whomsoever lawfully claiming or to , .laim the
same or any pq( of`,$ fRQUGH OR UNDER GRANTOR, BUT NOT OTHERWISE,
subject however,
It is expressly agr d them'
above described Property, is ct�74 , I
Note and all interest thereon is Wly n
this Deed shall become absolute.
DATED to be effective this
day
Lien, as well as the superior title in aid to the
)perty and improvetnegts thereon until the
to the face, tenor and effect there of, when
W �� H MANAGEtt IENT, A
Y:
STATE OF TEXAS }
COUNTY OF Z &,yog < �
This instrument was acknowledged before me on the
� � �
2005,by Pat Fletcher, in her capacity as Vice P resident of PI4ins
Management, a Trust Company,
r .q -
%MMJt 8Mrl`L'
p, Notary Public, 4 S i of
I I Fe.--
PACE 03/06
aV Vealth
Special Warranty Deed with Vendor's Lien - Page Z
y aW e> [RUE AM, ovi • L , , j
y ORIGINAL RECORD FILE IN
r TARRANT COUNTY, TEXA ,
SUZANNE HENDERSON, COL
F�
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07/ (2005 16 972 - 245 -2917 C0MM0NW_ALTH LAND TL
Exhibit A
PAGE 05/06
G. F. No. 4226000665
8FINGj_ *rI R 0 2, df Boaz's Subdivision, an Addition to the City of Kennedale, TARRANT County,
TeXas. acc € to th for plat thereof recorded in Volume 388 -144, Page 90, of the Plat Records of
TARFOW unty T arftf sing a portion of that tract of land described in deed to Ed E. Harden as
records ' Vol a 92, Pa 3, Deed Records, TARRANT County, Texas;
BEGINNING a foupd3t I rod (a controlling monument) at the North corner of Lot ' R on the
Southwest Ii of id sfle ardinal Road (variable width right -of -way), said iron rod being the East
comer of a tr of I d d r'bed in deed to Jack J. Robinson as recorded In Volume 9449, P :ige 2384,
of said Deed Re ds:
THENCE South 41 de re 31 in s2 nds East, a distance of 173.98 feet to a set 1r2 Inc iron
rod at the East comer f s t a Southwest line of said Old Mansfield - Cardinal Road and
being on the Northwest of Ims no 0 foot undeveloped right -of -way) from which a foun•I b18 inch
iron rod bears South 81 de s" mp es 44 seconds East, 1.45 feet;
THENCE South 48 degrees I od ds West, a distance of 175.76 feet along the 4orthea3l
line of said Alma Lane to a set 2 Incq_ it r I at th South comer of said Lot 1R and beinc the East
comer of Lot 4, of aforesaid Bloc 12,rQ 's S ion �Ybl, 388 -23, Pg. 29);
THENCE North 41 degrees 34 min co est. a distance of 174,76 feet along the common
line of said Lot 1 R and Lot 4 to a set 1 Inc }iron rod at theWqpt comer of said Lot 1R and the North
corner of said Lot 4 and being on the Sou t line of afo sad R inson tract;
THENCE North 48 degrees 15 minutes 00 seconds st, a t�ce o 175.00 feet along the common line
of said Robinson tract and said Lot 1 R to the P T O l3E 1NI and containing 30,660 square feet
or 0.704 of one acre of land, more or less. , r
TRACT 11
BEING Lot$ 4-7, Block 12. of Boaz's Subdivision, an ditfan t th City of Kennedale, TARRANT
County, Texas, according to the map or plat thereof r rde�L of a 386 -23, Page 29, 0 the Plat
Records of TARRANT County, Texas, and being a portion h� at N ct land described n deed to
Ed E. Harden as recorded in Volume 6992, Page 2043, De a rds R NT County, T:xas, and
being more particularly described as follows:
BEGINNING at a found 112 inch iron rod (a controlling monument) the at c�fner said Lot 7 and the
North comer of a tract of land described In deed as Lot 8A to Gloria d rec Volurle 15755,
Page 542, Deed Records, TARRANT County, Texas, and being on the F17, ut as ne .
41
o ct of land
described in deed to Amber Bigham as recorded in Volume 17315, Page aid d { cc rds;
THENCE North 48 degrees 00 minutes 00 seconds East, a distance of 175 -feP o a f ! rnch iron
rod at the East comer of said Bigham tract and being ft South corner of a tra d? t�d n in deed
to Bettie L. Smith and Bettie Jo Smith as recorded in Volume 1952, Page 416,, dN;afd ed Re5o and
being on the Northwest line of Lot 4, of sold Block 12; }
THENCE North 48 degrees 15 minutes 00 seconds East, a distance of 56.31 feet to a
S P, , t !2 i , ro
at the North comer of said Lot 4 and the West comer of Lot 1 R. Bogz's Subdivision, an ad4it the ty
of Kennedale, TARRANT County, Texas, according to the plat thereof recorded in Volume 3 I
90, Plat Records, TARRANT County, Texas, and being on the Southeast line of a tract of la d es ribed �
in deed to Jack J, Robinson as recorded In Volume 9449, Page 2384, of said peed Records; l
ta pah > TRUE AND CU:iREM COP Ur i f
ORIGINAL RECORD FILED IN �
Exhibit Legs! Description (Shur) Page 1 of 2A TARRANT COUNTY. TEXR.Rev 7103 f
SUZANNE HENDERSON, 0000,
16:09 97; - 245 -2917
COWONWEALTH LAND TL
PAGE 06/06
rSouth 41 degrees 34 minutes 06 seconds East, along the Northeast line of said Lot and the
of said Lot 1R, a distance of 174.76 feet to a set 1/2 inch iron rod at the South corner of
1R an the East comer of said Lot 4 and being on the Northwest line of Alma Lane (50 foot
ped)rig*W -way);
line`:I -s OAA a
corner of a5
as r di lIt
North th 0 0 &90
THENCE No
BEGINNING and
00 minutes 00 seconds West, a distance of 232.01 feet along the Northwest
t 112 inch iron rod at the South comer of aforesaid Lot 7 teeing the East
,rib in deed as Lot 8B to Robert Edward Baker and wife Edna Levls Baker
553, of said Deed Records, from which a found 1/2 inch iron od bears
se nds West, 0.75 feet;
minutes 06 seconds West, a distance of 175.00 feet to the PINT OF
square feet or 0.932 of one acre of land, more or less.
ExhiNt'A' Legal Desriipifon
TRUE AND CORR -f,T Lf�F
ORIGINAL RECORD FILED
TARRANT COUNTY, TEXAS
SUZANNE HENDERSON,C
972 -245 -2917
1, Al l restrve ve
2. Visible d afec
3. Other liens of en
Grantee's Mailing Address:
612 Mansfield/Cardinal Rd,
Kennedale, TX 76060
IMMMM)EALTH LAND TL
Exhibit "B"
Executions to Warranty of Title
� awuk 40-kgv , MaNe 1--? appearing of record,
;rents on or across the property.
J
After recording return to:
Commonwealth Land Title Company
1221 N. IH 35E
Carrollton, TX 75006
Special Warranty Deed with Vendor's Lien — Page 3
c)
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PAGE 04/05
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