O455 ORDINANCE NO. 455
AN ORDINANCE VACATING AND ABANDONING A PORTION OF
BOWMAN SPRINGS ROAD IN THE CITY OF KENNEDALE, TARRANT
COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS
UNNECESSARY FOR USE BY THE PUBLIC; RETAINING A PUBLIC
UTILITY EASEMENT; 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 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 Bowman Springs
Road 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 connection with the vacation of said right -of -way, the City Council
desires to retain a public utility easement within the area being vacated to accommodate
existing and future utilities; 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 the owner of the abutting
property.
(06/03/10) Page 1
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
That portion of Bowman Springs Road described in Exhibit "A ", attached hereto, is
vacated and abandoned as public property, subject to the reservation of a public utility
easement as described in Exhibit "B ". The right -of -way so vacated and abandoned shall
revert in fee simple to 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 the abutting property owner releasing all claims to title,
ownership, or control of the right -of -way on behalf of the City of Kennedale, Texas, subject
to the reservation of a public utility easement. 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.
The vacation approved herein shall be effective upon completion of the new
alignment of Bowman Springs Road and written notice from the City Manager that the
roadway is open for travel.
SECTION 4.
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
(06/03/10) Page 2
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 5.
This ordinance shall be in full force and effect from and after its passage, and it is so
ordained.
PASSED AND APPROVED ON THIS -/ DAY OF f- , 2010.
APPROVED:
f 2,09a"
Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, City Secretary
(06/03/10) Page 3
Exhibit A
PROPERTY DESCRIPTION
(06/03/10) Page 4
City of Kennedale
Job No. KEN08305 -02
5/3/2010
Exhibit A, Sheet 1 of 2
RIGHT -OF -WAY ABANDONMENT
Being 0.344 of an acre of land, more or less, situated in the J. Prickett Survey, Abstract
Number 1225, and the E.R. Mingus Survey, Abstract Number 1075, in the City of
Kennedale, Tarrant County, Texas; said area is comprised of a portion of Bowman
Springs Road (an approximate 50 -foot wide public right -of -way). Said area being more
particularly described by metes and bounds as follows:
BEGINNING at a 1 -inch iron rod found at the southwest corner of Lot 1, Block 1, Gaona
Addition to the City of Kennedale, Tarrant County, Texas, according to the plat recorded
in Cabinet A, Slide 8959, Plat Records, Tarrant County, Texas, said corner is in the east
right -of -way line of said Bowman Springs Road;
(1) Thence North 88 °36'16" West, 21.91 feet to a 5/8 inch iron rod with a yellow
plastic cap stamped "TNP" set at the beginning of a non - tangent curve to the left
whose radius is 430.00 feet and whose long chord bears North 25 °01'04" West,
67.08 feet;
(2) Thence along said curve in a northwesterly direction through a central angle of
08 °56'50 ", a distance of 67.15 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "TNP" set in the west right -of -way line of aforesaid Bowman Springs
Road, same being in the east line of Lot 20, Block 1, Woodlea Acres, an addition
to the City of Kennedale, Tarrant County, Texas, according to the plat recorded
in Volume 388 -B, Page 158, said Plat Records;
(3) Thence North 00 °11'39" West, along said lot line and said right -of -way, passing a
bois d'arc stake found at the northeast corner of said lot at 210.86 feet, same
being the southeast corner of Lot 21 -A, Block 1, Woodlea Acres, an addition to
the City of Kennedale, Tarrant County, Texas, according to the plat recorded in
Volume 388 -15, Page 35, said Plat Records; and continuing along said right -of-
way and the east line of said Lot 21 -A, in all 227.74 feet to a 5/8 inch iron rod set
with a yellow plastic cap stamped "TNP ";
(4) Thence North 37 °20'18" East, leaving said common line, 80.40 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "TNP" set in the west line of
aforementioned Lot 1, Block 1, Gaona Addition, same being in the
aforementioned east right -of -way; from whence a 1/2 inch iron rod found at the
beginning of a curve in the northwest line of said lot bears North 00 °22'10" West,
47.11 feet;
(5) Thence South 00 °22'10" East, along said west lot line and said east right -of -way,
352.99 feet to the PLACE OF BEGINNING and containing 0.344 of an acre of
land, more or Tess.
NOTE: Bearings are based on the Texas State Plane Coordinate System, North
Central Zone (NAD 83) using a GPS network, with directional control
monuments shown on the attached map.
NOTE: Integral parts of this survey:
i. Legal description, sheet No. 1
ii. Map, sheet No. 2
Prepared from survey performed in the month of April 2009.
6 e
OF
Ric y L. entry, R.P.L.S. � ~ � � 0 � s , �
Texas Registration No. 5519 ' " ' " h�
Date: 5 -03 -2010 Q
, F S. .1.• 01
sua,
C:\AC2004 \TNP\KEN08289\RO W DOC \City2.doc
NOTES:
MAP SHOWING 1. BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE
0.344 ACRE TRACT IN SYSTEM, NORTH CENTRAL ZONE (NAD 83) USING A GPS
THE J. PR/CKETT SURVEY, NETWORK, WITH DIRECTIONAL CONTROL MONUMENTS SHOWN HEREON.
2. INTEGRAL PARTS OF THIS SURVEY:
THE E.R. MINGUS SURVEY, A. LEGAL DESCRIPTION, SHEET NO. 1
B. MAP, SHEET NO. 2
CITY OF KENNEDALE [� 3. ALL ANGLE POINTS ARE 5/8" IRON RODS SET WITH YELLOW
TARRANT COUNTY, TEXAS PLASTIC CAPS STAMPED "TNP ", (UNLESS OTHERWISE STATED).
R N0
S
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y'_ W BEGINNING
�° o crp. ° ' 1 -' 0.344 ACRE SCALE: 1"=100' FEET
LOT 19 ° r� i 1" IRON ROD FOU 0 100 200
BOWMAN SPRINGS ROADL' —' l
50' +/ - PUBLIC R C: \AC2004 \TNP \KEN08289 \ROW EXHIBITS \CITY2.DWG.
Sp - .... • T
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�� . .��/i �Pp G� Sr ,� E RPa y � /NC.
EPA"' D BY:
RICKY L. GENTRY TEAGUE NALL AND PERKINS
5 - - 2010 ENGINEERS +SURVEYORS *CONSULTANTS
5519_ _. -
DAT ( y ' �• ; ° ?'o� 1 MACON STREET
ti 0 SURE'{ F O R T WORTH, T E X A S 7 6 1 0 2
SHEET NO. 2 OF 2 ( 817) 336 - 5773
Exhibit B
UTILITY EASEMENT DESCRIPTION
(06/03/10) Page 5
City of Kennedale
Job No. KEN08305 -02
7/15/2010
Exhibit A, Sheet 1 of 2
PUBLIC UTILITY EASEMENT
Being 0.344 of an acre of land, more or less, situated in the J. Prickett Survey, Abstract
Number 1225, and the E.R. Mingus Survey, Abstract Number 1075, in the City of
Kennedale, Tarrant County, Texas; said area is comprised of a portion of Bowman
Springs Road (an approximate 50 -foot wide public right -of -way). Said area being more
particularly described by metes and bounds as follows:
BEGINNING at a 1 -inch iron rod found at the southwest corner of Lot 1, Block 1, Gaona
Addition to the City of Kennedale, Tarrant County, Texas, according to the plat recorded
in Cabinet A, Slide 8959, Plat Records, Tarrant County, Texas, said corner is in the east
right -of -way line of said Bowman Springs Road;
(1) Thence North 88 °36'16" West, 21.91 feet to a 5/8 inch iron rod with a yellow
plastic cap stamped "TNP" set at the beginning of a non - tangent curve to the left
whose radius is 430.00 feet and whose long chord bears North 25 °01'04" West,
67.08 feet;
(2) Thence along said curve in a northwesterly direction through a central angle of
08 °56'50 ", a distance of 67.15 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "TNP" set in the west right -of -way line of aforesaid Bowman Springs
Road, same being in the east line of Lot 20, Block 1, Woodlea Acres, an addition
to the City of Kennedale, Tarrant County, Texas, according to the plat recorded
in Volume 388 -B, Page 158, said Plat Records;
(3) Thence North 00 °11'39" West, along said lot line and said right -of -way, passing a
bois d'arc stake found at the northeast corner of said lot at 210.86 feet, same
being the southeast corner of Lot 21 -A, Block 1, Woodlea Acres, an addition to
the City of Kennedale, Tarrant County, Texas, according to the plat recorded in
Volume 388 -15, Page 35, said Plat Records; and continuing along said right -of-
way and the east line of said Lot 21 -A, in all 227.74 feet to a 5/8 inch iron rod set
with a yellow plastic cap stamped "TNP ";
(4) Thence North 37 °20'18" East, leaving said common tine, 80.40 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "TNP" set in the west line of
aforementioned Lot 1, Block 1, Gaona Addition, same being in the
aforementioned east right -of -way; from whence a 1/2 inch iron rod found at the
beginning of a curve in the northwest line of said lot bears North 00 °22'10" West,
47.11 feet;
(5) Thence South 00 °22'10" East, along said west lot line and said east right -of -way,
352.99 feet to the PLACE OF BEGINNING and containing 0.344 of an acre of
land, more or less.
NOTE: Bearings are based on the Texas State Plane Coordinate System, North
Central Zone (NAD 83) using a GPS network, with directional control
monuments shown on the attached map.
NOTE: Integral parts of this survey:
i. Legal description, sheet No. 1
ii. Map, sheet No. 2
Prepared from survey performed in the month of April 2009.
ALL �lu�r
Ri y L. entry, R.P.L.' .
Texas Registration No. 5519
Date: 7 -15 -2010
C:\AC2004 \TNP\KEN08289\ROW DOC \City2.doc
MAP SHOWING' NOTES:
0.344 ACRE 1. BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE
PUBLIC UTILITY EASEMENT
SYSTEM, NORTH CENTRAL ZONE (TA 83) USING A GPS
WITH TH DIRECTIONAL CONTROL MONUMENTS SHOWN HEREON.
IN THE 2. INTEGRAL PARTS OF THIS SURVEY:
A. LEGAL DESCRIPTION, SHEET NO. 1
J. PRICKETT SURVEY, B. MAP, SHEET NO. 2
E.R. MINGUS SURVEY, 3. ALL ANGLE POINTS ARE 5/8" IRON RODS SET WITH YELLOW
CITY OF KENNEDALE PLASTIC CAPS STAMPED "TNP ", (UNLESS OTHERWISE STATED).
TARRANT COUNTY, TEXAS
/- R p0
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G�� 0. P
PUBLIC UTILITY EASEMENT \� : 1 . G� P` { GP
rn v o G�
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LOT 20 n N d 1 N o yJ ��( G \ ‘'‘ .0 r o l a H
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(• v. PLACE OF
a ,�a °'��o lr Z 1 BEG INNING
o s0
LOT 19 o _ . I SCALE: 1" =100' FEET
° >, 1 } 1 0 100 200
1 1 i 1" IRON ROD FOUND
I
BOWMAN SPRINGS ROAD 1
50' +/ - PUBLIC R - - I C: \AC2004 \TNP \KEN08289 \ROW EXHIBITS \CITY2.DWG.
gE...0F... re, . 4/.. ,,p.. STER so
•
PA BY: �° e O 9 TEAGUE NALL AND PERKINS
7 -15 -2010
RICKY L. GENTRY ENGINEERS • SURVEYORS *CONSULTANTS
\Q 5519 „z.: r
D A T E : ' R o p f S 5 ; O + ' • O q - 1 1 0 0 M A C O N S T R E E T
' 9 N� � y FORT WORTH, TEXAS 76102
SHEET NO. 2 OF 2 s u R � ( 8 1 7 ) 3 3 6 - 5 7 7 3
PETITION FOR THE VACATION OF A PORTION OF BOWMAN SPRINGS ROAD,
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 Bowman Springs Road 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 Bowman Springs Road 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 and I am requesting be vacated, closed and abandoned.
MCCASLIN HOLDINGS INC
Printed Name /Title ?jf,,s
l
Signature
moo "io irce' G ,4 z &,NSf /Ec.ea •7 6 3
Address /Phone Number g //. .977 079 7
Page 1 of 2
THE STATE OF TEXAS §
COUNTY OF TARRANT §
On this % day of , A : 1 BE 0' ; �ME , the undersigned
authority, on this day personall 1 appeared & , .i , _ ■ , i. -..- 1 _ , , • to me to be a
ta ii iii - ,,
credible person and the signer of the foregoing ;etit on, an• ho, a er •��ding 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.
, ;p;; ROSE way OWE as State r ' _- Notary Pub Notary Public, Stat Texas
* * € My Commission Expires
` ..1i JUNE 29,21012 _
Page 2 of 2
City of Kennedale
Job No. KEN08305 -02
5/3/2010
Exhibit A, Sheet 1 of 2
RIGHT -OF -WAY ABANDONMENT
Being 0.344 of an acre of land, more or less, situated in the J. Prickett Survey, Abstract
Number 1225, and the E.R. Mingus Survey, Abstract Number 1075, in the City of
Kennedale, Tarrant County, Texas; said area is comprised of a portion of Bowman
Springs Road (an approximate 50 -foot wide public right -of -way). Said area being more
particularly described by metes and bounds as follows:
BEGINNING at a 1 -inch iron rod found at the southwest corner of Lot 1, Block 1, Gaona
Addition to the City of Kennedale, Tarrant County, Texas, according to the plat recorded
in Cabinet A, Slide 8959, Plat Records, Tarrant County, Texas, said corner is in the east
right -of -way line of said Bowman Springs Road;
(1) Thence North 88 °36'16" West, 21.91 feet to a 5/8 inch iron rod with a yellow
plastic cap stamped "TNP" set at the beginning of a non - tangent curve to the left
whose radius is 430.00 feet and whose long chord bears North 25 °01'04" West,
67.08 feet;
(2) Thence along said curve in a northwesterly direction through a central angle of
08 °56'50 ", a distance of 67.15 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "TNP" set in the west right -of -way line of aforesaid Bowman Springs
Road, same being in the east line of Lot 20, Block 1, Woodlea Acres, an addition
to the City of Kennedale, Tarrant County, Texas, according to the plat recorded
in Volume 388 -B, Page 158, said Plat Records;
(3) Thence North 00 °11'39" West, along said lot line and said right -of -way, passing a
bois d'arc stake found at the northeast corner of said lot at 210.86 feet, same
being the southeast corner of Lot 21 -A, Block 1, Woodlea Acres, an addition to
the City of Kennedale, Tarrant County, Texas, according to the plat recorded in
Volume 388 -15, Page 35, said Plat Records; and continuing along said right -of-
way and the east line of said Lot 21 -A, in all 227.74 feet to a 5/8 inch iron rod set
with a yellow plastic cap stamped "TNP";
(4) Thence North 37 °20'18" East, leaving said common line, 80.40 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "TNP" set in the west line of
aforementioned Lot 1, Block 1, Gaona Addition, same being in the
aforementioned east right -of -way; from whence a 1/2 inch iron rod found at the
beginning of a curve in the northwest line of said lot bears North 00 °22'10" West,
47.11 feet;
(5) Thence South 00 °22'10" East, along said west lot line and said east right -of -way,
352.99 feet to the PLACE OF BEGINNING and containing 0.344 of an acre of
land, more or less.
NOTE: Bearings are based on the Texas State Plane Coordinate System, North
Central Zone (NAD 83) using a GPS network, with directional control
monuments shown on the attached map.
NOTE: Integral parts of this survey:
i. Legal description, sheet No. 1
ii. Map, sheet No. 2
Prepared from survey performed in the month of April 2009.
...0 F
Ric y L. entry, R.P.L.S.
Texas Registration No. 5519 • RICKY L. GENTRY •
Date: 5 -03 -2010 e 519 o+ Q
C:\AC2004 \TNP\KEN08289\ROW DOC \City2.doc
NOTES:
MAP SHOWING 1. BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE
0.344 ACRE TRACT IN SYSTEM, NORTH CENTRAL ZONE (NAD 83) USING A GPS
THE PR/CKETT SURVEY, NETWORK, WITH DIRECTIONAL CONTROL MONUMENTS SHOWN HEREON.
2. INTEGRAL PARTS OF THIS SURVEY:
THE E.R. M/NGUS SURVEY, A. LEGAL DESCRIPTION, SHEET NO. 1
B. MAP, SHEET NO. 2
CITY OF KENNEDALE [ 3. ALL ANGLE POINTS ARE 5/8" IRON RODS SET WITH YELLOW
TARRANT COUNTY, TEXAS PLASTIC CAPS STAMPED "TNP ", (UNLESS OTHERWISE STATED).
/, R;°
S
5? 0\G
oON ,,
y At � � — \
o,
0 ( 1 \ c / I .5 o ° o / 3 I A
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LOT 21 -B \ 8
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C , p v� N88'36 '16 "W
� ,e.,1-.00,
I 1 PLACE OF
ti 0,. w BEG INNING
a
� 0 O ° . 1 - 0.344 ACRE SCALE: 1" =100' FEET
LOT 19 � � i 1 IRON ROD FOUND 0 100 200
J I I I
BOWMAN SPRINGS ROAD
50'+/— PUBLIC R-0 -W ( C: \AC2004 \TNP \KEN08289 \ROW EXHIBITS \CITY2.DWG.
� . . l
,,,,,r ..... �IGI i Deg
"EPA'' D BY: hi * sN INC.
• TEAGUE NALL AND PERKINS
RICKY L. GENTRY
5 - - 2010 .. . ENGINEERS ♦SURVEYORS A�CONSULT
. 5519 � y r DATE: / % O?: 1100 MACON STREET
146' , E S „�yo FORT WORTH, TEXAS 76102
C. S
u R �
SHEET NO. 2 OF 2 ( 1 7) 3 3 6- 5 7 7 3
INVOICE
Star - Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817) 390 -7761
Federal Tax ID 26- 2674582
Bill To:
CITY OF KENNEDALE
405 MUNICIPAL DR
KENNEDALE, TX 76060 -2249
Misc
THE S7
County
Before
the Sta
that the
(817) 2
County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
. elegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
ent was published in a above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, Jul 0 11
Notary Public
Thank You For Your Payment
Customer ID:
CIT33
Invoice Number:
316688661
Invoice Date:
7/7/2011
Terms:
Net due in 21 days
Due Date:
7/31/2011
PO Number:
Order Number:
31668866
Sales Rep:
073
Description:
NOTICE OF PUBLI
Publication Date:
7/7/2011
ctit}>� ,
Col+eh
Lntge `1Ti7Zate
Arnoan
I3580 1 41
41 LINE
$6.18 $253.46
$11.00
Net Amount:
$264.46
County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
. elegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
ent was published in a above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, Jul 0 11
Notary Public
Thank You For Your Payment