O128OFF1~1A~ CITY
SECRETARY'S Ct~~Y
CITY OF KENNEDALE
ORDINANCE NO. 128
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF KENNEDALE; 8Y
CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY
WITHIN THE CITY OF KENNEDALE, BEING APPROXIMATELY 12.48
ACRES OF STREET FRONTAGE BEING A PORTION OF LOT 1R, BLOCK
1, FWT,INC., ADDITION, FROM "C2" GENERAL COMMERCIAL DISTRICT
TO "I" INDUSTRIAL 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 A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas is a Type A general-1a~nr
municipality located in Tarrant County, created in accordance with r_he
provisions of Chapter 6 of the Local Government Code and operating
purs~_iant to the enabling legislation of the State of Texas; 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 promotinct
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 Zonincr
('ommission of the City of Kennedale on March 20, 1997, and by the Cit•,%
Council of the City of Kennedale on the 10th day of April, 1997, with
respect to the zoning change described herein; and
WHEREAS, all requirements of law dealing with notice to other
pr.r~perty 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 i*
r_idvi_sable 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
KENNEDALE, TEXAS:
SECTION 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:
ZONING CASE NO. 97-04
An approximately 12.48 acres of street frontage being a
portion of Lot 1R, Block 1, FWT, Inc., Addition, 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 "C2" General
Commercial District to "I" Industrial 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 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 zoninn
map to reflect the changes in classifications approved herein.
SECTION 4.
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 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.
SECTION 6.
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.
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SECTION 7.
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 8.
This ordinance shall be in full force and effect from and after
its passage and it is so ordained.
PASSED AND APPROVED this 10th day of April, 1997.
C'~~~ V
Mayor Ro ert P. Mundy
.ATTEST:
City Secr ary
APPROVED AS TO FORM AND LEGALITY:
~~"' ~~'_
City Attorney
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DESCRIPTIONS OF TRACTS TO BE ZONED FOR FWT, INC.
PARCEL NO. 1
i~eginning at a point being the north right of way of U. S. Highway No. 287 said point
being N 41 ° 47' 04" W, 915.7 feet and N 47° 58' 37" E, 25.09 feet from a concrete
monument marred TESCO Property line:
THENCE N 44° 52' 31" W, 110.42 feet to a point fora corner;
THENCE N 41 ° 43' 38" W, 99.78 feet to a point for a corner;
THENCE N 47° 58' 37" E, 188.42 feet to a point for a corner;
THENCE S 41 ° 43' 38" E, 210.00 feet to a point for a corner;
THENCE S 47° 58' 37" W, 182.34 feet to the POINT OF BEGINNING and
containing 0.9007 acres of land.
PARCEL NO. 2
Beginning at the northwest corner of Lot 1, Block 1, FVVT, INC. Addition according to
the plat filed in Cabinet A, Slide 1586, Plat Records, Tarrant County, Texas:
THENCE S 00° 19' 00" E, 379.30 feet to a point for a corner;
THENCE S 89° 44' 00" W, 120.00 feet to a point far a earner;
THENCE N 00° 19' 00" W, 379.3 feet to a point for a corner;
THENCE N 89° 44' 00" E, 120.00 feet to the POINT OF BEGINNING and
containing 1.0449 acres.
PARCEL NO. 3
Beginning at the intersection of the northwest right of way line of Gilman lioad with the
Northeast line of U:S. Highway No. 287;
THENCE N 47 ° 56' 20" E, 160.24 feet to a point for a corner;
THENCE N 41 ° 43' 38" W, 263.30 feet to a point for a corner;
THENCE S 48° 13' 00" W, 175.20 feet to a point for a corner;
THENCE S 44° 52' 31" E, 89.88 feet to a paint ;for a corner;
THENCE S 41 ° 43' 38" E, 164.34 feet to a point for a corner;
THENCE S 86° 52' 18" E, 14.14 feet to the POINT OF BEGINNING and
containing 1.0347 acres.
EXHIBIT "A"
PARCEL NO. A.
Commencing at the intersection of the northwest line of Gilman Road with the northeast
right of way line of U.S. Highway No. 287, thence N $6° 52' 18" W, 14.14 feet; thence N
41 ° 43' 38" W, 164.34 feet; thence N 44° 52' 31" W, 200.3 feet; thence N 4i ° 43' 38"
W, 99,78 feet to the POINT OF BEGINNING:
THENCE N 41 ° 43' 38" W, 400.22 feet to a point for a corner;
THENCE N 42° 28' 43" w, 77.09 feet to a point for a corner;
THENCE N 48 ° 13' 00" E, 110.5 feet tv a point for a corner;
THENCE N 00° 15' 16" E, 106.89 feet to a point for a corner;
THENCE S 41 ° 43' 38" E, 556.69 feet to a paint for a corner;
THENCE S 48 ° 13' 00" W, 180.99 feet to the POINT OF BEGINNING,
containing 2.048 acres.
PARCEL. NO. 5
Beginning at the northeast corner of Lot 2, Block 1, PWT, INC. Addition according to the
plat filed in Cabinet A, Slide 1586, Plat Records, Tarrant County, Texas;
THENCE 5 00° 19' 00" E, 200.00 feet to a point for a corner;
THENCE S 89° 44' 00" W, 529.90 feet to a point for a corner and the
beginning of a curve to the left having a central angle of 31 ° 58'
27" and a radius of 1,582.86 feet;
THENCE Along said curve to the Ieft a distance of 883.32 feet to a point for
corner and end of said curve;
THENCE S 45 ° 11' 13" W, 217.51 feet to a point for a corner;
THENCE N 22° 02' 25" W, 216.9 feet to a point for a corner, said point
being in the south right of way line of IH-20 service road;
THENCE N 45° 11' 00" E, 133,54 feet to the beginning of a curve to the
right having a central angle of 8° 00' 30" and a radius of 1,782.86
feet;
THENCE Along said curve to the right a distance of 249.19 Feet along the
south line of IH-2Q service road ;
THENCE S 89° 32' 38" E, 290.52 feet to a point for a corner;
THENCE N 00° 48' 22" E, 180.25 feet to a point for a corner and the
beginning of a curve to the right having a central angle of
12 ° 55' S 1 " and a radius of 1,782.86 feet;
THENCE Along said curve to the right a distance of 402.37 feet along the
south line of IH-20 service road;
TLIENCE N 89° 44' 00" E, 552.43 feet to the POINT OP BEGINNING and
containing 6.91 acres
EXHIBIT "A"
PARCEL NO. 6
Beginning at the nortlxeast corner of Lot 1, Block 1, FW'f, INC. Addition according to the
plat filed in Cabinet A, Slide 1586, Plat Records, Tarrant County, Texas;
THENCE S 00° 19' 00" E, 200.00 feet to a point I'o:r a corner;
THENCE S 89° 44' 00" W, 117.37 feet to a point for a corner;
THENCE N 00° 19' 00" W, 200.00 feet to a paint for a corner;
THENCE N 89° 44' 00" E, 117.37 feet to the POINT 4F BEGINNING and
containing 0.5389 acres.
EXHIBIT "A"
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B ` 8~' ~ Publishing, Inc.
833 East Enon
P.O. Box 40230
Everman, TX 76140-0230
Phone (817) 478-4661
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
COUNTY OF TARRANT:
CITY OF KENNEDALE
Publishers OF:
EVERMAN TIMES
KENNEDALE NEWS
FOREST HILL NEWS
SOUTH COUNTY NEWS
BEFORE ME, the undersigned authority, on this day personally appeared JENNIFER CATHEY
who having been duly sworn, says upon her oath;
That she is the Circulation Manager of the newspapers for B&B PUBLISHING, INC.
which are weekly newspapers published in Tarrant County, Texas with a general
circulation in the cities of Everman, Forest Hill, Kennedale, and south Tarrant County
and that a copy of:
P & Z Hrng re: Rezoning request by FW Tower
which is attached to this affidavit, was published in said newspapers on the
following date(s); to wit
MARCH 06, 1997
EXECUTED THIS, THE 1ST, DAY OF APRIL, 1997
JENNIFER ATHEY
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 1ST, DAY OF APRIL, 1997
Jt~HN EDD BLESSING
NOTARY PUBLIC
TEXAS
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