O319
OrFICIAL CITY
SECRETARY'S COPY
ORDINANCE NO. 319
AN ORDINANCE RELEASING A DRAINAGE EASEMENT 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 DOCUMENT RELEASING PUBLIC OWNERSHIP, INTEREST
AND CONTROL OF THIS DRAINAGE EASEMENT; 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;
WHEREAS, the City Council of the City of Kennedale, after careful study and
consideration, has determined that the fifteen foot (15') wide drainage easement located
on a portion of Lots 1 R thru 10R, Block 8R, Hilldale Addition, City of Kennedale, Tarrant
County, Texas, Cabinet A, Slide 9820, Plat Records Tarrant County Texas, 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 to the abutting fee simple property owner or
owners;
WHEREAS, in order to remove any question as to the continued interest or
ownership of the public in said drainage easement, the City desires to execute a document
releasing all title, ownership and control in said drainage easement to the owner of the
abutting property as permitted by Section 272.001(b) of the Texas Local Government
Code.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
W:\Kennedale\ORDINANC\Release Easement.wpd (10/07/05)
Page 1
SECTION 1.
The drainage easement described and depicted in Exhibit "A" attached hereto is
vacated and abandoned as public property. The drainage easement so vacated and
abandoned shall revert in fee simple to the owner or owners of the abutting property.
SECTION 2.
The Mayor of the City of Kennedale, Texas, is hereby authorized and directed to
execute the Release of Easement to the abutting property owner or owners in the form
shown in Exhibit "B" releasing all claims to title, ownership, or control of the drainage
easement on the behalf of the City of Kennedale, Texas. A copy of this Release of
Easement 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 l3 DAY OF OCTOBER, 2005.
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APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
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RELEASE OF DRAINAGE EASEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
For good and valuable consideration, the City of Kennedale, Texas hereby releases
all rights and interests that the City has in the drainage easement created or conveyed on
Lots 1 R thru 10R, Block 8R, Hilldale Addition, City of Kennedale, as shown on the plat
recorded in Cabinet A, Slide 9820, Plat Records Tarrant County Texas. This release shall
not affect the regulatory authority of the City of Kennedale or any other entity over any
portions of the above properties, nor shall this release further affect or release any utility
easements that may exist on the above properties.
IN WITNESS WHEREOF, this instrument is executed this day of
Np , 2005.
CITY OF KENNE E
/liY+-s
m Norwood, M or
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this
day personally appeared Jim Norwood, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he is the Mayor of
the City of Kennedale, Texas and this release was executed for the purposes and
consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ll _ day of
b Ir-t.ry(,1~-e.1" , 2005.
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# _'~ = CONNIE CROSS
MY COMMISSION EXPIRES
Noven~er3,2006
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~r ~J'111~1-ems L~.~~
Notary Public in and for the State of Texas
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Typed or Printed Name of Notary ~q
My Commission Expires: ~ ~U U • ~ ~V 1
W:\Kennedale\RELEASES\Release of Drainage Easement.Hilldale.wpd
By
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CITY OF KENNEDALE "-, ,~ .~ .:
405 MUNICIPAL DR ~'•.~,r-,`.-iM
KENNEDALE TX 76060
Submitter: CITY OF KENNEDALE
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration:
Instrument #:
11 /30!2005 07:30 AM
D205355737
OPR 5 PGS
I~205355737
$28.00
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.
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