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O1424~t f?y~iigL CITY SECRE3gRY'S COPY ` ORDINANCE NO. 142 AN ORDINANCE VACATING AND ABANDONING A CERTAIN PORTION OF WREY CREST ROAD IN THE CITY OF KENNEDALE, TEXAS, DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, is a home rule city acting under its charter 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, after careful study and consideration, has determined that a certain portion of Wrey Crest Road in the City of Kennedale, hereinafter more specifically described, 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 this ordinance releasing all title, ownership and control in said right-of-way to the Freeman Family Trust. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ~?F KENNI=CIALE; TI~XAS: SECTION 1. The following right-of-way is hereby vacated and abandoned as public property: A portion of Wrey Crest Road located in the DAVID STRICKLAND SURVEY, Abstract No. 1376, Kennedale, Tarrant County, Texas, said right-of-way being described in Exhibit "A" attached hereto. The right-of-way is not being used by, nor useful or convenient to the public in general. It constitutes a public charge without a corresponding benefit, and the H:\LIBRARY\Kennedale\ORDINANCIWREYCRES.ORD (5-27-98) Page - 1 "~~ public would be better served and benefitted by its vacation and abandonment. The right- za: , of-way so vacated and abandoned shall be conveyed in fee simple to the Freeman Family ,~ ,~~ Trust. *:f: SECTION 2. °~ 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 ofthis 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 3. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON THIS 14 DAY OF MAYOR ATTEST: --- ~ _~ _ , , ~ CITY SECR ARY EFFECTIVE: 05/14/1998 APPROVED AS TO FORM AND LEGALITY: ~~~ ©~-_ t~,Y , 1998. eta,. ~~• . 4- ~, ~ ,. ate:%.:" - ^_ H3LIBRARV1Kennedale\ORDINANC\WREYCRES.ORD (5-27-98) Page - 2 ., , ' :µ}° ~ EXHIBIT "A" y~+: SF[IC l~ ;.. BEING a tract of land out of the DAVID STRICKLAND SURVEY, Abstract No. 1376, Tarrant County, Texas, embracing a portion of Wrey Crest Road right-of-way adjacent to ,~.. Sam's Music, Inc. tract out of said Survey, recorded in Volume 6972, Page 1537, Deed j:° Records, Tarrant County, Texas, and the East R.O.W. line of U.S. Highway No. 287, ,~ (Mansfield Highway) in the City of Kennedale, Tarrant County, Texas, and being more ~~` particularly described as follows: `` BEGINNING at a 3/8 inch iron set in the East R.O.W. line of said road, ~~' situated South 00 degrees 27 minutes 14 seconds West 94.64 feet (called .; ~~ 95 feet + -)and South 06 degrees 36 minutes 15 seconds East 42.67 feet of the Northwest corner of said tract recorded in Volume 6972, Page 1537, D.R.T. C.T.; THENCE South 06 degrees 36 minutes 15 seconds East (called S.08 degrees, 56 minutes, 39 seconds E.) 58.73 feet to a 1/2 inch iron found at the beginning of anon-tangent curve to the left whose radius is 224 feet and long chord bears South 09 degrees 16 minutes 38 seconds East, 79.14 feet; THENCE along the East line of said road in a southerly direction through a central angle of 20 degrees 21 minutes, 79.56 feet to a Texas Hwy. monument found at end of said curve and being in the easterly R.O.W. line of said U.S. Hwy. and West line of said Sam's Music Inc. tract; THENCE North 44 degrees 06 minutes 51 seconds West 108.62 feetto a 3/8 inch iron set for corner in the easterly R.O.W. line of said Highway; THENCE North 43 degrees 49 minutes East 81.02 feet to the Point of Beginning and containing 4,102.9 square feet of land, more or less, which under a portion of tract described miscellaneous utility lines, water and sanitary sewer lines exist. H:ILIBRARY1KennedalelORDINANC\WREYCRES.ORD (5-27-98) Page - 3 .. ~~~ .. x~. sp:q r F 'i V D199065762 CITY OF KENNEDALE P O BOX 268 ' KENNEDALE TX 76060 +~~ ~~: k~-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y I N D E X E D -- T A R RAN T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N-- COUNTY CLERK O F F I C I A L R E C E I P T T O: CITY OF KENNEDALE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 199184030 DR91 T025417 03/17/99 13:29 INSTRUMENT FEECD 1 D199065762 WD T O T A L DOCUMENTS: O1 B Y: INDEXED TIME 990317 13:29 CA F E E S: 13.00 ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.