O453 ORDINANCE NO. 453
AN ORDINANCE VACATING AND ABANDONING A PORTION OF
MUNICIPAL DRIVE IN THE CITY OF KENNEDALE, TARRANT COUNTY,
TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR
USE AS PUBLIC RIGHT -OF -WAY; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter
adopted by the electorate pursuant of 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 the right -of -way located in a portion of Municipal Drive
is not being used by, nor useful or convenient to the public in general; therefore, it
constitutesa publicchargewithout a corresponding public benefit, and the publicwould be
better served and benefitted by its vacation and abandonment; and
WHEREAS, in connection with the vacation of said right -of -way, the City Council
desires to retain the property for purposes of providing parking for adjacent park, municipal
facility, and TownCenter uses; and
WHEREAS, the real property adjacent to Municipal Drive right -of -way is owned by
the City of Kennedale, the Kennedale Economic Development Corporation and
Southwestern Bell Telephone Company; and
WHEREAS, for and in consideration for the City agreeing to utilize the vacated and
abandoned right -of -way for the above uses, the Kennedale Economic Development
Corporation and Southwestern Bell Telephone Company have agreed to convey their
underlying ownership interests in and to the real property to the City.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
That portion of Municipal Drive described in Exhibit "A" attached hereto is vacated
and abandoned as public property. The right -of -way so vacated and abandoned shall
revert in fee simple to the City of Kennedale, Texas.
SECTION 2.
The Mayor of the City of Kennedale, Texas, is hereby authorized and directed to
accepta deed or deeds from the abutting property owners in the form shown in Exhibit "B ",
transferring all claims to title, ownership, orcontrol of the underlying real property within the
right -of -wayto the City of Kennedale, Texas. A copy of these deeds 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 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.
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SECTION 4.
This ordinance shall be in full force and effect from and after its passage, and it is
so ordained.
PASSED AND APPROVED ON THIS e DAY OF ed , 2010.
A /C4/ 11 \
MAYOR
ATTEST:
CITY SECY
APPROVED AS TO FORM AND LEGALITY:
CITY TTORNEY
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Exhibit "A"
PROPERTY DESCRIPTION OF RIGHT -OF -WAY BEING VACATED
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Being 0.739 acres of land located in the Canzada Rose Survey, Abstract No. 1285, Tarrant
County, Texas and being more particularly described by metes and bounds as follows:
BEGINNING at an 1/2" iron rod found at the Southeast corner of Lot 1, Block 1, Municipal
Addition, an addition to the City of Kennedale, Tarrant County, Texas according to the plat
recorded in Cabinet A, Slide 6502, Plat Records, Tarrant County, Texas;
THENCE N00 °11'52 "W, a distance of 569.57 feet along the East line of said Lot 1 to a point
lying S00 °11'52 "E a distance of 50.33 feet from the most Easterly Northeast corner of said Lot
1;
THENCE N89 °42'14 "E, a distance of 29.98 feet to a point;
THENCE S00 °12'10 "E, a distance of 60.87 feet to a point;
THENCE N89 °49'48 "E, a distance of 30.00 feet to a Southwestern Bell Telephone Company
monument found at the Southwest corner of a tract of land described in the deed to
Southwestern Bell Telephone Company recorded in Volume 3156, Page 453, Deed Records,
Tarrant County, Texas, said monument being the Northwest corner of Lot 3R, Block A,
Kennedale Retail Addition, an addition to the City of Kennedale, Tarrant County, Texas
according to the revised plat recorded in County Clerks Document No. D209321169, Deed
Records, Tarrant County, Texas;
THENCE S00 °07'52 "E, a distance of 508.44 feet along the West line of said Block A to an 1/2"
iron rod found at the Southwest corner of Lot 2R in said Block A, Kennedale Retail Addition;
THENCE S89 °30'49 "W, a distance of 59.40 feet to the point of beginning, containing 0.739
acres of land.
The bearings recited hereon are oriented to NAD 83 North Central Texas Grid.
Herbert S. Beasley yct� , o c "f . 1 1' ,
Registered Professional /
Land Surveyor No. 4050
I R • RT .BEASlEy � = o':.
...0Ff D��
URNI
Exhibit "B"
QUITCLAIM DEED
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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 Ten and No /100 Dollars ($10.00) and other
good and valuable consideration, the Kennedale Economic Development Corporation
( "Grantor ") does hereby bargain, sell, convey and quitclaim unto the City of Kennedale,
Texas ( "Grantee "), whose address is 405 Municipal Drive, Kennedale, Texas 76060, all of
Grantor's right, title and interest in and to that certain right of way and land (the "Property ")
described in Exhibit A attached hereto and incorporated herein.
. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the
Property, together with all and singular the rights and appurtenances belonging in anyway
to Grantor, unto Grantee, its successors and assigns forever, and neither Grantor nor
Grantor's heirs, personal representatives, successors or assigns shall have, claim or
demand any right, title or interest in all or any part of the Property.
EXECUTED this day of j , 2010.
KENNEDALE ECONOMIC
DEVELOPMENT CORPORATION
By. 1 JAI _
Robert Mundy, Pre ident
W: \Kennedale \Deeds \Quitclaim Municipal Drive.wpd (02- 26 -10)
•
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Robert Mundy, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same on behalf of the Kennedale Economic Development Corporation for the
purposes and consideration expressed therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this (' day of ,
2010.
t7
a a �OS L) 40. � @ Notary Public, State of Texas
eaid
sx3 uo wua
slo3 AW �r':
sexed, }• elel$ 'oitgnd AieloN ? ;
W0SM3N 3182131 �'•o,' N„�`�
W: \Kennedale \Deeds \Quitclaim Municipal Drive.wpd (02- 26 -10)
PETITION FOR THE VACATION OF A PORTION OF MUNICIPAL
DRIVE, A PUBLIC STREET IN THE CITY OF KENNEDALE, TEXAS.
TO THE MAYOR AND CITY COUNCIL OF THE CITY OF KENNEDALE,
TEXAS:
The undersigned petitioner hereby makes application for the vacation, abandonment, and
closure of a portion of Municipal Drive as described in the attached exhibit.
Exhibit No. 1 is metes and bounds legal description and a graphic depiction of the street
sought to be vacated.
As the owner of the property abutting a portion of Municipal Drive to be abandoned, I
understand that the City will waive the fee for the appraisal of the street or alley we are
requesting to be abandoned and vacated. I further acknowledge and agree that all right,
title and interest in the property underlying the portion of the street being vacated shall be
conveyed to the City.
The current street has been and is being used as a public street. All necessary public
utilities have consented to the vacation of the street.
By my signature, I am affirming that I have authority to sign on behalf of the entity that
owns the property that abuts the street that I am requesting be vacated, closed and
abandoned.
KENNEDALE ECONOMIC DEVELOPMENT CORPORATION
Robert P. Mundy, President
Printed Name /Title
I rr?
Signature
405 Municipal Drive, - • - *ale, Texas 76060 / (817) 985 -2104
Address /Phone Number
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Page 1
On this 6 day of , 2010 BEFORE ME, the undersigned
authority, on this day personally appeared 1< <olcer+ V murviLi known to me to be a
credible person and the signer of the foregoing petition, and who' after being by me duly
sworn, did upon (his)(her) oath state that the information contained in such application is
true and correct to the best of (his)(her) knowledge and belief.
/ tE RRIE NEWSOM � �
•`.�� Notary Pub mis lion Exp es Notary Public, State of Texas
My Com 2010
�i�.•` July 28,
Page 2
Being 0.739 acres of land located in the Canzada Rose Survey, Abstract No. 1285, Tarrant
County, Texas and being more particularly described by metes and bounds as follows:
BEGINNING at an 1/2" iron rod found at the Southeast corner of Lot 1, Block 1, Municipal
Addition. an addition to the City of Kennedale, Tarrant County, Texas according to the plat
recorded in Cabinet A, Slide 6502, Plat Records, Tarrant County, Texas;
THENCE N00 °11'52 "W, a distance of 569.57 feet along the East line of said Lot 1 to a point
lying S00 °11'52 "E a distance of 50.33 feet from the most Easterly Northeast corner of said Lot
1;
THENCE N89 °42'14 "E, a distance of 29.98 feet to a point;
THENCE S00 °1210 "E, a distance of 60.87 feet to a point;
THENCE N89 °49'48 "E, a distance of 30.00 feet to a Southwestern Bell Telephone Company
monument found at the Southwest corner of a tract of land described in the deed to
Southwestern Bell Telephone Company recorded in Volume 3156, Page 453, Deed Records,
Tarrant County, Texas, said monument being the Northwest corner of Lot 3R, Block A,
Kennedale Retail Addition, an addition to the City of Kennedale, Tarrant County, Texas
according to the revised plat recorded in County Clerks Document No. D209321169, Deed
Records, Tarrant County, Texas;
THENCE SO0 °07'52 "E, a distance of 508.44 feet along the West line of said Block A to an 1/2"
iron rod found at the Southwest corner of Lot 2R in said Block A, Kennedale Retail Addition;
THENCE S89 °30'49 "W, a distance of 59.40 feet to the point of beginning, containing 0.739
acres of land.
The bearings recited hereon are oriented to NAD 83 North Central Texas Grid.
gfr.. 9F.. i
Herbert S. Beasley y . e . e .
Registered Professional i
Land Surveyor No. 4050 R: RT •BEASIEY
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1 ' .� O �..FE S •;i0
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ONCE RECORDED RETURN TO:
CITY SECRETARY'S OFFICE
CITY OF KENNEDALE
405 MUNICIPAL DRIVE
KENNEDALE, TEXAS 76060
SUZANNE HENDERSON ..�•••..
COUNTY CLERK
100 West Weatherford Fort Worth, TX 76196 -0401
PHONE (817) 884 -1195
CITY SECRETARY'S OFFICE
CITY OF KENNEDALE
405 MUNICIPAL DR
KENNEDALE, TX 76060
Submitter: CITY OF KENNEDALE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 5/13/2010 1:28 PM
Instrument #: D210112863
OPR 12 PGS $56.00
By:
D210112863
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.
Prepared by: DNCLARK