O675ORDINANCE NO. 675
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, VACATING
AND ABANDONING A CERTAIN DESCRIBED UTILITY EASEMENT;
DECLARING THAT SUCH EASEMENT IS UNNECESSARY FOR USE
BY THE PUBLIC; AUTHORIZING THE CITY MANAGER TO EXECUTE
A QUITCLAIM DEED; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas, is a home rule city acting under its
power adopted by the electorate pursuant to 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, Texas, after careful study
and consideration, has determined that a portion of a utility easement, described on the
attached Exhibit "A" is not being used by, nor is 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 in the
easement to be abandoned, the City of Kennedale, Texas, desires to execute a
quitclaim deed releasing and assigning all title and control in the easement to be
abandoned to the owners of the estate on which the easement to be abandoned is
located.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
The City Council finds that the portion of the utility easement more particularly described
on the attached Exhibit "A" (the "Easement"), is not being used by, nor useful or
convenient to the public in general and that the public would be better served and
benefitted by the vacation and abandonment of the Easement, and the City of
Kennedale, Texas, hereby vacates, abandons, and releases the Easement.
SECTION 2.
The City Manager of the City of Kennedale, Texas, is hereby authorized and
empowered to execute a quitclaim deed releasing all claims to title, ownership, or
control of the Easement.
SECTION 3.
After the quitclaim deed is executed, the City Secretary of the City of Kennedale, Texas,
is authorized and instructed to file it in the deed records of Tarrant County, Texas.
PAGE 1 OF 4, INCLUDING EXHIBIT "A°
0675 CITY OF KENNEDALE, TX 2019
SECTION 4.
In the event any clause, phrase, provision, sentence, or part of this ordinance or
the application of the same to any person or circumstance shall for any reason be
adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not
affect, impair, or invalidate this ordinance as a whole or any part or provision hereof
other than the part declared to be invalid or unconstitutional; and the City Council of the
City of Kennedale, Texas, declares that it would have passed each and every part of the
same notwithstanding the omission of any such part thus declared to be invalid or
unconstitutional, whether there be one or more parts.
SECTION 5.
This Ordinance shall be in full force and effect from and after its passage, and it is so
ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THIS THE 20TH DAY OF AUGUST, 2019.
APPROVED:
MA eR =RIAN OHNSON
ATTEST:
SECRETARY LESLIE E. GALLOWAY
APPROVED AS TO FORM AND LEGALITY: EFFECTIVE DATE:
CITY AT i ORN€Y DREW LARVCIN
PAGE 2 OF 4, INCLUDING EXHIBIT "A"
0675 CITY OF KENNEDALE, TX 2019
PAGE 1 OF 2
ORDINANCE NO. 675
EXHIBIT "A"
The Easement
FIELD NOTES
A portion of Lot 9, Block 1, BROOKSTONE ESTATES ADDITION, an Addition to the City of Kennedale,
Tarrant County, Texas, according to the Amending Plat recorded in Cabinet A, Slide 9740, Plat Records,
Tarrant County, Texas and being more particularly described by metes and bounds as follows:
BEGINNING at the Northwest corner of said Lot 9 and the Northeast corner of Lot 10, said Block 1, also
being in the South line of a tract of land described by deed to Emerald Hills Memorial Park recorded in
Volume 9053, Page 1283, Deed Records, Tarrant County, Texas;
THENCE N 89° 42' 54" E, along the common line of said Lot 9 and said Emerald Hills tract, 90.48 feet to
the Northeast corner of said Lot 9 and the Northwest corner of Lot 8, said Block 1;
THENCE S 00° 29' 07" E, along the common line of said Lots 9 and 8, a distance of 10.00 feet;
THENCE S 89° 42' 54" W, 90.48 feet to the common line of said Lots 9 and 10, a distance of 90.48 feet;
THENCE N 00° 29' 07" W, along the common line of said Lots 9 and 10, a distance of 10,00 feet to the
POINT OF BEGINNING and containing 905 square feet of land,
Registration No. 5495
August, 2019
PAGE 3 OF 4, INCLUDING EXHIBIT "A"
0675 CITY OF KENNEDALE, TX 2019
991,461Ot 'ON bab Lw!A
nos puoi uololad 610ZCi
5 89 ° 42' . 1 "W 90,48'
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ment shall not be
se and shall not be
lied upon as a Final
TAC 663.18C
R.P.L.S. No. 54R5
August, 201R
�E OO Oo N
LAND SOLUTIONS
15' ILL,
CAPS, A,
51.. 9740
410'ISL.
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FXHIC311' SHOWING
Portion of Lob 9, Block
t31 OOK5tOkIF F5TA1r5 Anb1110N
An Addition to the City of Kennedale, Tarrant Ccuritt, Texas
According to the Amending plat recorded in Cabinet A, 51Ide 9740
plat records, Tarrant Countt{, Texas
JOB At: JOS19001
DRAWN BY: SS
CHECKED BY: SS 1DATE: 8N3/2010
PAGE #:2OF2
PAGE 4 OF 4, INCLUDING EXHIBIT "A°
0675 CITY OF KENNEDALE, TX 2019