O402ORDINANCE NO. 402
AN ORDINANCE VACATING AND ABANDONING A PORTION OF WREY
CREST ROAD IN THE CITY OF KENNEDALE, TARRANT COUNTY,
TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR
USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF
KENNEDALE TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC
OWNERSHIP, INTEREST AND CONTROL OF THIS RIGHT-OF-WAY;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Cityof Kennedale, Texas is a home rule city acting under its charter
adopted by the electorate pursuant of Article Xl, 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 of Wrey Crest Raad
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
quitclaim deed.
NOW THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITYOF
KENNEDALE, TEXAS:
SECTION 'f.
That portion of Wrey Crest Road described in Exhibit "A" and further depicted on
W:\Kennedale\ORDINANC1Vacate Wrey Crest Road row.wpd (04-02-OS} Page 1
Exhibit "B",attached hereto, is vacated and abandoned as public property. The right-of-way
so vacated and abandoned shall revert in fee simple to Majestic Texas Properties, L.P.,
the owner of the abutting property.
SECTION 2.
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 al[ 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.
SECTION 3.
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 ofthis 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 orsection.
SECTION 4.
This ordinance shall be in full force and effect from and after its passage, and it is
so ordained.
W:\Kennedale\ORDINANC1Vacate Wrey Crest Road row.wpd (Q4-02-08) Page 2
PASSED AND APPROVED ON THIS /~ DAY OF , 2008.
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APPROVED:
ayor
City Secret ry
APPROVED AS TO FORM AND LEGAL[TY:
City Attorney
W:\Kennedale\ORDINANC1Vacate Wrey Crest Road row.wpd (04-02-08) Page 3
Exhibit "A"
LEGAL DESCR1PTl~N
W:\KennedafelORDINANC1Vacate Wrey Crest Road row.wpd (04-02-08) Page 4
Real Properly Description
Of a Portion
Wrey-Crest Road
Adjacent to Lot 1, Block 1,
Broyles Addition
A tract of land out of the David Strickland Survey, Abstract Number 1376, Tarrant County, Texas, and
being a portion. of'4Vrey-Crest Road (also known as County Road Number 1010) right~f-way, adjacent to
Lot 1, Block 1, Broyles Addition, to the City of ISennedale, Texas, according to plat recorded in Cabinet
B, Slide 443, Plat Records, Tarrant County, Texas, and being more particularly descn'bed by metes and
hounds as follows;
BEGINNING at a mark "~' found in concrete for the southwest corner of said List, and being the
northwest corner of Lot 1, Block 1, M Y. Freeman Addition, to the City of Ke*+ried_ts, Texas, according to
plat recorded in Cabinet A, Slide 8450, Plat Records, Tarrant County, Yentas, and being is the eastright-
of-way of Wrey-Crest Road;
'THENCE: North 89 degrees 29 minutes 46 seconds West, 19.23 feet, to the centcr[ine of Wrey-Crest
Road;
THENCE; with said centerline, North 00 degrees 25 minutes 16 seconds East, 65. I5 feet;
THENCE South 88 degrees 41 minutes 06 seconds West, 19.45 feet, to a mark "X" 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 r~eoorded 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 205444510 of the Decd R~ocords 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 Inter ate Highway 20;
THENCE: with said southeasterly right-of--way, North 45 degrees 07 minutes 06 seconds East, 55.48 feet,
to a red capped 518" 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 Plane of l3egistnirsg, and containing some 6328 square feet {0. t4 acres}
of land, more or less.
Surveyed on the ground in Apri12006
Bearing Base: Per record for the west line of said l.ot 1, Block 1, Broyles Additioq being South 00
degrees 30 mimttes 14 seconds West, and monumental by a red capped 5J8" iron rod stamped "Han.--
4786" found at its north end, and a marls "7C" in concrete found at its south end.
Note: );n atxordaace with Texas Board of Professional Land Surveying, General Rules of Pmcedures
/r,` 7y
Practices, 663.19(8), thus "report" consists of file herein Real Property Descriptioq and a map of survey
being attached herewith.
T1ris description prepared to describe the vacation by the City of Kennedate of the above described portiom
of Wrey-Crest Road.
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Exhibit "B"
SURVEY
W:\Kennedale\ORDINANC1Vacate Wrey Cress Road row.wpd (04-02-OS) Page 5
LEGEND EXISTING OIINERSffiP
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EXHIBIT SHOWING MAJESTIC'S '`
REVERSION INTEREST IN ff'REY CREST ROAD
EXISTING ACCESS TO ADJACENT PROPERTIES AND
PROPOSED FIRE LANE AND INGRESS & EGRESS PA GELS
KENNEDALE, TEXAS P
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MAP OF SURVEY ~/
A PORTION OF WREY CREST ROAD RIGHT-OF-WAY
ADJACENT TO LOT 1, .BLOCK 1,
BROYLES ADDITION, CAB. A, SLIDE 443, P.R., T.C. .,
BEARING BASE. RECORD FOR TH£ VEST LINE DF LDT 1, BLOCK 1, 9RpYL£S ADDITIO .
BEING 5 00.30'14' W AND MONLYlENTED AS SHITVN HER£Qlti
SURVEYED ON TNf GROUND IN APRIL 2006. s~ ` ~'
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GRAPHIC SCALE IN FEET ~°
SCALE I "= 50'
RECORDING INFORMATIQN Sh'OWN N£R£ON
NAY NOT REPRESENT CURRENT OWNERSHIP.
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Exhibit "C"
QUITCLAIM DEED
W:1KennedalelORDINANC1Vacate Wrey Crest Road row.wpd (04-02-Q8~ Page 6
QUITCLAIM DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
Notice of Confidentiality Rights: If you are a natural person, you may
remove or strike any of the following information from this instrument
before it is filed for record in the public records: your Social Security
Number or your Driver's License Number.
For and in consideration of the sum of Dollars ($ }
and othergood and valuable consideration, the City of Kennedale ("Grantor")does hereby
bargain, sell, conveyand quitclaim unto MajesticTexas Properties, L. P. ("Grantee"),whose
address is 2'[25 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, togetherwith all and singularthe 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 al[ or any part of the Property.
EXECUTED thi$ day of
2008.
CITY OF KENNEDALE
By. ~ ~ ~'~
Bry n Lankhorst, Mayor
W:1Kennedale\Deeds\Quitclaim. Wrey Crest Road.wpd Page 1
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Bryan Lan[chorst, 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 MY HANDAND SEAL OF OFFICE, this ~~ day of ,
2008. I
~~~
(SEAL) Notary Public, tate of Texas
....~~ __
+~~!'!!;.",wti 60881E S. SPENCE
Notary Public, State of Texas
,~ My Commission Expires
~''~~F;`~`' May 02, 2012.
W:1Kennedale\Deeds\Quitclaim. Wrey Crest Road.wpd Page 2
Exhibit "A"
LEGAL DESCRIPTION
W:1KennedalelDeeds\Quitclaim. Wrey Crest Road.wpd Page 3
Real Property Description
Of a Portion
Wrey-Crest Road
Adjacent #o Lot 1, Block I,
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 i, Block 1, Broyles Addition, to the City of Kennedale, Texas, aa~rding fin plat horded 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 "~' found in ooncnete for the southwest corner of said Lot, and being the
northwest corner of Lot 1, Block 1, M Y. Freeman Addition, to the City of Kennedale, Texas, according to
plat recorded in Cabinet A, Sllde 8450, Plat Records, Tarrant County, Texas, and being in the east right-
of--way of Wrey-Crest Road;
THENCE: North 89 degrees 24 minutes 46 seconds West, 19.23 feet, to the centerline of Wrey-Crest
Road;
THENCE; with said centerline, North 00 degrees 2S mimrtes 16 seconds East, 65.15 feet;
THENCE South 88 degrees 41 minutes 06 seconds West, 19.45 feet, to a mark "X" 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 Ntunber 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-a~ way and the east line of said tract, North OD degrees 24 minutes
D4 seAOnds East, iD8.80 feet, to a mark "X" found for the northeast corner of said tract, and being in the
southeasterly right~f--way of Interstate Highway 20;
THENCE; with said southeasterly right-of--way, North 45 degrees 07 minutes Od seconds East, 55.48 feet,
to a red capped.5/8" iron rod stamped "Hansen 4786" found at the northwest corner of said Lot i, Block
1, Broyles Addition;
'I'HENCE; with said west right-of-way and the west Iime of said I.ot, South 00 degrees 30 minutes 14
seconds West, 212.84 feet, to the Place of Beginning, and containutg some 6328 square feet (0.14 acres}
of land, more or less.
Surveyed on the ground in Apri12006
Bearing Base: Fer record for the west line of said Lot 1, Black 1, Broyles Addition, being South 00
degrees 30 minutes 14 seconds West, and monumented by a red capped 5/8" iron rod stamped "Hans°-
4786" found at its north ead, 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
!~`
Practices, 663.19(8), this "report" consists of the herein Real Property Description, and a map of survey
being attached herewith.
This description prepared to descn'be the vacation by the City of Kennedale of the abovo descnbed portion
of Wrey-Crest Road.
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MAP OF SURVEY ~
A PORTION OF WREY GREST ROAD RIGHT-OF-ffrAY
ADJACENT TD LOT 1, BLOCK 1,
BROYLES ADDITION, CAB. A, SLIDE 443, P.R., T. C. .,
BEARING BAS£• RECORD FDR TNI: WEST LINE OF LOT 1, BLOCK !, HRDYLES ADDITI .
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EXISTING ACCESS TO ADJACENT PROPERTIES AND
PROPOSED FIRE LANE AND INGRESS & EGRESS P CELS
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