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0920 ORDINANCE NO. 920 OFFICIAL RECORD AN ORDINANCE DEDICATING PERMANENT STREET RIGHT-OF-WAY FROM CITY OWNED PROPERTY AT THE NORTHEAST CORNER OF DOVE ROAD AND NORTH WHITE CHAPEL BOULEVARD OUT OF THE JOEL W. CHIVERS SURVEY, ABSTRACT NO. 350 IN THE CITY OF SOUTH LAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH STREET RIGHT-OF- WAY IS NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE RIGHT-OF-WAY DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas 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 Southlake has determined that the engineering design for the intersection improvements (roundabout) at the corner of Dove Road and North White Chapel Boulevard demonstrates a need for additional street right-of-way to construct the intersection improvements (roundabout) from City owned property at the northeast corner of Dove Road and North White Chapel Boulevard out of the Joel W. Chivers Survey, Abstract No. 350; and WHEREAS, the intersection improvements (roundabout) will be constructed to the benefit of the public and dedicated to the public; and WHEREAS, the City Council of the City of South lake has determined that there is a public need for street right-of-way from City owned property at the northeast corner of Dove Road and North White Chapel Boulevard out of the Joel W. Chivers Survey, Abstract No. 350; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTH LAKE, TEXAS: SECTION 1 The City of Southlake grants right-of-way out of the Joel W. Chivers Survey, Abstract No. 350 to the City of Southlake, Tarrant County, Texas, more specifically shown in Exhibit "A" attached hereto and incorporated herein for all purposes and the easement is dedicated to the public in perpetuity. SECTION 2 The Mayor of the City of Southlake, Texas is hereby authorized and empowered to execute the aforementioned Right-of-Way Dedication. SECTION 3 A copy of the Right-of-Way Dedication shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. 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 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 FIRST READING ON THIS AOth DAY OF {)()~Jff)h~) , 2007. M~s:?:: - .. \,\Il':::\!~ Uh" ,-- 1\-11 A #'. ,~' .\J ~ ~~Ir~ c1', ATTEST: ~~~' c:P......~o~.,,;;-: "'-:" ~ $~ .._ e",~~ . ~ ~ 0 0 * e ~~ ~ : -:. ~ 1'111 ::'0 0:; Vl.I'- - ,,- fj . en - CITYSECRET~RI~~.NE- - if \ 0.0. .~..,f " 0....0.. " " ""'.... "#, * ~.,. \\\' PASSED AND APPROVED ON SECOND READING ON THIS ''1:/7I1''''''OAY OF iJL(j/Yf)h 11J ) 2007. - ~ C~) . ......., , M - - YORl~N~Y WAMBSGAIII.$~."'l'_A;;"'" ...' r_o $QO'.)el@ljJ '" :- -J oe'3 '!;JOe' A ~ ~ ~ o. ... ~ ~ ATTEST: fo! ~ \',t.; ;A ~ - . 0):>... '~ :>. '00: (){A =\-o ..: ':......~ : = ..().. ... CITY SECRET Y/LORI P'A YNE..ou........ ./ " " "" * ~ -it \\.... 1'11' "''' "a"" CITY OF SOUTHLAKE RIGHT-OF-WAY DEDICATION INSTRUMENT 0.138 Acres within the Joel W Chivers Survey, Abstract No. 350 STATE OF TEXAS ~ COUNTY OF T ARRANT~ For and in consideration of the sum often dollars ($10.00) in hand paid by the City of Southlake, Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration, including the benefits that will accrue to my property, I (we), City of Southlake ('GRANTOR'(S)), of Tarrant County, Texas, as the owner of that certain tract of land in Tarrant County, Texas depicted by metes and bounds description in Exhibit "A", attached hereto and incorporated herein for all purposes of this dedication, and as more particularly described by drawing as set forth in Exhibit "B", attached hereto and incorporated herein for all purposes of this dedication, do hereby dedicate same to the City of Southlake, Tarrant County, Texas for the use and benefit of the public as a perpetual right-of-way and easement for the passage and accommodation of vehicular and pedestrian traffic, and the construction, operation, use, maintenance, inspection, repair, alteration, and replacement of a paved road within the boundaries of the right-of-way and easement area, and for all other purposes for which a public street and right-of-way is commonly used, including installing, repairing, maintaining, altering, replacing, relocating and operating utilities in, into, upon, over, across, and under said right-of-way, and including but not limited to all such uses permitted by the Laws of the State of Texas and the Ordinances and Charter of the City of Southlake, Texas TO HAVE AND TO HOLD said right-of-way and easement unto the City of Southlake, its successors and assigns, and GRANTOR(S) hereby bind(s) itself (themselves), its (their) successors and assigns to warrant and forever defend, all and singular, said premises unto the City of Southlake, its successor: and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof GRANTOR covenants and agrees that GRANTOR and GRANTOR'S heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under any easements granted herein any temporary or permanent structures, and it is further agreed that the City of Southlake shall have the right to excavate and fill upon said permanent easement, any fences, buildings or other obstructions as may now be found upon said pennanent easement It is further intended that the permanent right of way and easement herein granted to the City of Southlake shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR"S successors and assigns, and said grant is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTOR'S chain of title, The pennanent right-of-way and easement rights and privileges granted therein are exclusive, and GRANTOR covenants that it will not convey any other easement or conflicting rights within the area covered by the grant to any otller person. Page I of 3 IN WITNESS WHEREOF, this dedication instrument is executed this _ day of ,2007. BY: Andy Wambsganss, Mayor (GRANTOR) ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT County, Texas, on this day personally known to me or proved to me through (description of identity card or other document) to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated BEFORE ME, the undersigned authority in and for appeared GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,2007. NOTARY SEAL Notary Public, State of Texas Notary's Name (Printed) Notary's Commission Expires Page 1 00 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument the _ day of ,2007, from the CITY OF SOUTHLAKE to the CITY OF SOUTHlAKE, has been duly accepted subject to all terms and conditions contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. Dated SEAL Mayor, CITY OF SOUTHLAKE ATTEST: City Secretary AFTER EXECUTION BY GRANTOR, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o City Engineer 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 817-748-8098 Fax: 817-748-8077 AFTER RECORDING, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o City Secretary ]400 Main Street, Suite 270 Southlake, TX 76092 Phone: 817-748-8016 Page 3 of3 EXHIBIT "A" Being a 0.138 of an acre tract of land situated within the Joel W, Chivers Survey, Abstract No. 350, and being a portion of all that certain tract of land described to the City of South lake by deed recorded in Volume 13784. Page 465, Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point for the southwest comer of said city tract, also being on the east right-of-way line of White Chapel Boulevard (a variable width right-at-way), and being on the north right-ot-way line of Dove Street (a variable width right-of-way); Thence North 00032'49" East, with said east right-of-way line, a distance of 226..16 feet to a point tor the northwest comer of said city tract; Thence North 88000'48" East, with the north line at said city tract, and passing a fence post at 24.45 feet, a total distance of 26.53 feet to a 5/8 inch capped iron rod stamped "TNP" set for comer; Thence South 00032'26" West, over and across said city tract, a distance of 226.59' feet to a 5/8 inch capped iron rod stamped "TNP" set for corner, on said north right-of- way line of Dove Street for corner; Thence South 88056'46" West, with said north right-of-way line, a distance of 26.54 feet to the POINT OF BEGINNING and containing 0.138 of an acre of land, more or less. DATE: September 5, 2007 Integral parts of this survey: a. Legal Description b. Sketch Bearings are based on the Texas State Plane Coordinate System. North Central Zone (NAD83) Page I of2 EXHIBIT "En N 8.00' 48"E 26.53' CITY OF SOUTHLAKE VOL 13784, PG 464 DR T,C. T ------- ----- <!-. .d'. \,1;}" '''is' 0.138 ACRE RIGHT-OF-WAY EASEMENT me. . ~- l::Q== o ~ ~iE ~~ uffi <C ~~ ~ o 20 40 80 I 1 I I SCALE: 1" = 40' CITY OF SOUTHLAKE VOL, 13784, PG 465 D,R.T.C,T. '1~i. S"\J~ :\J~~S ?;,~\) r~\ "" 0 . i\. ,.. (,"- \.... JO~\> ~~S,,-\t~ ~~ N88'S6'46"E 143354' ~ ",:,x,' li:f.4 (LINE FOR DIRECTIONAL CONTROL) i ~ H ?' .,,- II _ -"".f?\ ,-- - -- - -- v--- - - - --~ S88.S6'46"W DOVE STREET 26.54' (VARIABLE WIDTH ROW) POINT OF BEGINNING NOTES: 1. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NADB3).. 2. Integral parts of this survey: a. Legal Description b. Sketch 0.138 ACRE RIGHT-OF-WAY EASEMENT Situated in Joel W. Chivers Survey Abstract No. 350 City of South lake Tarrant County, Texas JOB NO. LEN 06289 Dote: September 5, 2007 SHEET 2 OF 2 L: \L[Ji\lEt.JG620\l'\2WHCHPLD()\,'E'\c,Jd\.~ur';,'c\'\ESM T -02 .l;h.','.:'j INVOICEDraft ' ` Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 291939231 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 12/8/07 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 12/31/07 Bill To: PO Number: no po CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 29193923 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn:ACCOUNTS PAYABLE Publication Date: 12/8/07 Description Location Col Depth Linage MU Rate Amount imm CITY OF SOU7_ egal Notices \ICE NO I3580 1 46 46 LINE 50.8 I $37.26 CITY OF SOUTHLAKE ORDINANCE Sales Discount AN NO.ORDINANCE RECEIVED ($5.00) DEDICATING PER- MANENT STREET Misc Fee FROM CITY OWNED $5.00 PROPERTY AT THE NORTHEAST COR- NER OF DOVE ROAD _ . AND NORTH WHITE 8 �(lU/ CHAPEL BOULE- DECEC 1 �J VARD OUT OF THE SURVEY CHIV AB- Net Amount: $37.26 STRACT NO. 350 IN STHE CITY OF OUTHLAKE, TAR- OFFICE OF CITY SECRETARY RANT COUNTY TEXAS•,DECLARING THAT SUCH STREET RIGHT-OF-WAY IS NECESSARY FOR USE BY THE PUBLIC; _ ._ - - — AUTHORIZING THE I - - `������ MAYOR TO EXE- ""• CUTE THE RIG HT-OS- f�' RI`STML' ,D WAY DEDICATION •i MY COMMISSION EXPIRES DOCUMENTS PRO- f 'x VIDING A SEVER-1 \ ';- July 31,2008 ABILITY CLAUSE; ,.',if...Z AND PROVIDING AN , EFFECTIVE DATE. PASSED AND AP- THE THE STATE O 4thOVED DAYT HI OF DE- CEMBERCounty of Tarn DURILARCING'TY THE CO URN ECILG2007- U MEETING. Before me,a N MAYOR:mbsganss Andy said County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- Telegram,publ CTitys Lr tary ay"a'gram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 Signedg\i/ SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday, Dece be 1, 07. Notary Public • Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 291939231 Invoice Amount: $37.26 PO Number: no po Amount Enclosed: $ INVOICE As ' . Star-Telegram Customer ID: CIT57 400 W.7TH STREET n Invoice Number: 291253701 FORT WORTH,TX 76102 RECEIVED rIVE D (817)390-7761 Invoice Date: 11/16/07 Federal Tax ID 22-3148254 Terms: Net due in 21 days DEC 1 3 Due Date: 11/30/07 Bill To: PO Number: no po CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY Order Number: 29125370 1400 MAIN ST STE 440 Sales Rep: 005 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 11/16/07 Attn Attn:ACCOUNTS PAYABLE Descriptions Location Col Depth Linage MU Rate Amount CITY CITY OF SOUTHL. Nonce is hereby 9 VPi, 13580 I 60 60 LINE $0.81 $48.60 by the City Coy-ocil I of the City of Southiake, Texas, Sales Discount that a public hearing ($5.00) will be held on De- cember 4, 2007, at 5:00 p.m. or imme- Misc Fee diately following the Work Session, dur- $5.00 ing the Regular City v Council meeting to +]✓) be held in the City Council Chambers off Town Hall, 1400 Main Street, South- lake,Texas. Purpose of the Public hearing r / Y el -\§ Net Amount: $48.60 is to consider the second reading of , -- ' �� the following ordi- O nance ORDINANCE NO. 920 AN ORDINANCE DEDICATING PER- MANENT STREET 11'., -`'�/ FROM CITY -WAD �j FROM CITY OWNED PROPERTY AT THE NORTHEAST COR- NER OF DOVE ROAD (***1 K� AND NORTH WHITE CHRlSTY L.HOLIAND CHAPEL BOULE- i VARD OUT OF THE MY COMMISSION EXPIRES JOEL W. ' Ju 31,2008 aSURVEY, CHIVEAB4,; ,w,, N THE STATE OF TE: THEACT N O 350 II - County of Tarrant RANTHLAKCOU TY TEXAS; DECLARINd • THAT SUCH STREET Before me,a NotaryRIGHT-OF-WAY Is NECESSARY FOR my and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- Telegram,published gUTHORIZ NG THE at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of MUTE.nERIGHT-OF- (shed in th bove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)390 7501 WATION DOCUMENTS;APRO- VIDINGABILIT A SEVER- i^ ABILITY yy CLAUSE; ` \\l'Naga DATEAN Signed _ • City of Southiake ) SUBSCRIBED AND on Payne ,THIS Monday,Nov be 9, 007. Notary Public A-c.c.& Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 291253701 Invoice Amount: $48.60 PO Number: no po Amount Enclosed: $