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
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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
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0.138 ACRE
RIGHT-OF-WAY EASEMENT
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SCALE: 1" = 40'
CITY OF SOUTHLAKE
VOL, 13784, PG 465
D,R.T.C,T.
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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: $