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0968 ORDINANCE NO. 968 OFFICIAL RECORD AN ORDINANCE DEDICATING PERMANENT STREET RIGHT -OF -WAY FROM CITY OWNED PROPERTY AT THE SOUTHEAST CORNER OF DOVE ROAD AND NORTH WHITE CHAPEL BOULEVARD DESCRIBED AS LOT 1A, BLOCKI, AMAYA ADDITION IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH 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 future street improvements (widening of Dove Road and North White Chapel, as approved in the Master Thoroughfare Plan) at the corner of Dove Road and North White Chapel Boulevard demonstrates a need for additional right -of -way to construct the intersection improvements from City owned property at the southeast corner of Dove Road and North White Chapel Boulevard described as Lot 1A, Blockl, Amaya Addition; and WHEREAS, the future street improvements will be constructed to the benefit of the public and dedicated to the public; and WHEREAS, the City Council of the City of Southlake has determined that there is a public need for right -of -way from City owned property at the southeast corner of Dove Road and North White Chapel Boulevard described as Lot 1A, Blockl, Amaya Addition; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The City of Southlake grants right -of -way 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 I[ot1 DAY OF 011) iin) y 2010. CI MAYOR/JOHN TE RELL ATTEST: pzzix.i‘e a z. CITY SECRET Y /LORI PAYNE a8t9l7i PASSED AND APPROVED ON SECOND READING ON THIS 2nd DAY OF 1'6'1)(91 2010. c LbJ M A YO i HN RRELL ATTE T: r 'CITY SECRET RY /LORI PAYNE 4 AP(ROV D AS EGALITY: CITY ATTORNEY CITY OF SOUTHLAKE RIGHT -OF -WAY DEDICATION INSTRUMENT 0.069 Acres within Lot 1 -A, Block 1, Amaya Addition STATE OF TEXAS COUNTY OF TARRANT§ For and in consideration of the sum of ten 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 permanent 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 permanent 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 other person. Page 1 of 3 IN WITNESS WHEREOF, this dedication instrument is executed this day of 2010. BY: John Terrell, Mayor (GRANTOR) ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE ME, the undersigned authority in and for County, Texas, on this day personally appeared 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2010. NOTARY SEAL Notary Public, State of Texas Notary's Name (Printed) Notary's Commission Expires Page 2 of 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument the day of 2010, 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 Cheryl Taylor 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 1400 Main Street, Suite 270 Southlake, TX 76092 Phone: 817- 748 -8016 Page 3 of 3 EXHIBIT "A" Being a 0.069 of an acre tract of land situated within Lot 1 -A, Block 1, Amaya Addition, an addition to the City of Southlake, Tarrant County, Texas, as shown by plat recorded in Volume 388 -170, Page 32, Plat Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found for the north common corner of said Lot 1 -A and Lot 2R -1, Block 1, Amaya Addition, an addition to the City of Southlake, Tarrant County, Texas, as shown by plat recorded in Cabinet A, Slide 1320 of said Plat Records, from which a P.K. nail found for the northwest comer of same Lot 1 -A bears South 88 °52'55" West, 232.49 feet; THENCE South 00 °23'12" East, with the common line of said Lot 1 -A and Lot 2R -1, a distance of 28.08 feet to a point on the south right -of -way line of said Dove Road as shown by dedication recorded in Instrument No. D208047108, Deed Records, Tarrant County, Texas for the POINT OF BEGINNING; THENCE South 00 °23'12" East, with said common line, a distance of 4.21 feet to a 5/8 inch capped iron rod stamped "TNP" set for corner; THENCE South 64 °30'14" West, over and across said Lot 1 -A, a distance of 187.06 feet to a 5/8 inch capped iron rod stamped "TNP" set for comer; THENCE South 34 °31'30" West, continuing over and across said Lot 1 -A, a distance of 93.67 feet to a 5/8 inch capped iron rod stamped "TNP" set for corner on the common line of Lot 1 -A and Lot 1 -B of said addition; THENCE North 89 °46'41" West, with said common line, a distance of 11.46 feet to a point for the west common corner of said Lots 1 -A and Lot 1 -B, said corner being on the east right -of -way line of White Chapel Boulevard (a variable width right -of -way), from which a 1/2 inch iron rod found for the southwest corner of said addition bears South 00 °13'28" West, 187.64 feet; THENCE North 00 °13'28" East, with said east right -of -way line, a distance of 1.08 feet to a point for corner on the dedicated south right -of -way line of said Dove Road; THENCE with said dedicated south right -of -way line, the following courses and distances: North 22 °48'59" East, a distance of 43.13 feet to a point for corner; North 51 °50'34" East, a distance of 111.36 feet to a point for comer; North 64 °40'46" East, a distance of 106.65 feet to a point for corner; Sheet 1 of 3 EXHIBIT "A" (continued) THENCE North 78 °33'08" East, a distance of 33.33 feet to the POINT OF BEGINNING and containing 0.069 of an acre of land, more or less. Date: August 10, 2009 r'cky Gentry, R.P.L. Texas Registration No. 5519 ofi g r G �sr f i...... .8.. RICKY L !FURY o 5519 SUR`tti Notes: 1. Bearings are based upon the Texas State Plane Coordinate System, North Central Zone (NAD83). 2. Integral parts of this survey: A. Legal Descriptions B. Sketch Sheet 2 of 3 EXHIBIT "B" DOVE ROAD (PORTION OF LOT 2R-1) CITY OF SOUTHLAKE CALLED ROANOKE—DOVE ROAD VOL. 13754, PG. 49 VOL. 388-170, PG. 32, P.R.T.C.T. D.R.T.C.T. (VARIABLE RIGHT—OF—WAY) —� P.K. NAIL 588'52'55"W — 232.49' 5/8'IRF FOUND (232.71' — PLAT) — — -- 500'23'12"E , TDEDICATEDRlOFWAY 28.08' POINT OF INC. INST. No. D208047108 t.5 .. ,COMMENCING D.R.T.C.T. N64.40'46"E POINT OF LOT 1-A, BLOCK 1 106.65' -�' J• oN BEGINNING \ AMAYA ADDITION -V=im 06 VOL. 388-170, PG. 32 ,..,1=‘:. " al 21 \9 P.R.T.C.T. ,N11 to a oz a I �,N1, S6 • in 6 to m F= co iv r=. O*ALL CORNERS SHOWN HEREON ARE 1 a ' M J off, - MARKED WITH A 5/8"CAPPED IRON I N a a. tk , ROD STAMPED "TNP", UNLESS W I p I 00 �� OTHERWISE NOTED. IT-r)N 0 W v ;, ���y LINE TABLE o c",o U J co 1.0 a (NI k. LINE BEARING DISTANCE uy m o o • W CO a i+� , L1 SOO'23'12"E 4.21' 1 a ,^y, L2 N89'46'41"W 11.46' 1 j a o: o w v ' '� L3 N00'13'28"E 1.08' N Q a a Z '- -..,?,".43 y " p� L4 N22'48'59"E 43.13' r a m J Cl L5 N78'33'08"E 33.33' o0 ca,AAYl o L.Li WO N89'46'41"W -_223.00' — — aaWQ L2 C) I LOT 1—B, BLOCK 1 I 500'13'28"W — 187.64' AMAYA ADDITION , ~ <O O 187.75' — PLAT) J O J ( VOL. 388-170, PG. 32 Q O P.R.T.C.T. I—Uy NOTES: -1/2'IRF Note: 0 25 50 100 1. Bearings are based on the This survey was performed without the �— Texas State Plane Coordinate benefit of a title commitment or abstract I System, North Central Zone of title; Teague Nall and Perkins does not (NAD83). show or assume any liability for any SCALE: 1" = 50' 2. Integral ports of this survey: easements or encumbrances that may, or may not, affect the subject tract of land. a. Legal Description b. Sketch EXHIBIT SHOWING ' 0 . 069 ACRE ��.°•F• TF Portion of Lot 1 —A, gi cky L Gentry, R.P.L.S. (/:?e ':� Block 1 , Amaya Addition exas Registration No. 5519 RICKY L. GENTRY "": s•• City of Southlake �5 5519 -4 August 10, 2009 pp Es sNo?.QQ Tarrant County, Texas Date: ��4.SUR`I 'y JOB NO. LEN 06289 mraTEAGUE NALL AND PERKINS Civil Engineering I Surveying I Landscape Architecture j Planning INC. 1100 Macon Street Fort Worth Tx 76102 SHEET 3 OF 3 / L:\PROJECTS\LEND6289\2WHCHPLDOVE\cod\exhibits\Exhibits\Exhibit_06.dwg OM 336-5773 INVOICE Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 RECEIVED MAR - 3 2010 Bill To: OFFICE OF CITY SECRETARY CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 CITY OF Sales Disc Misc Fee given lowing the Work Session, during .the Regular City Council meeting to be held in the City Council THE STATE OF TEXAS County of Tarrant Chambers of Town 3580 1 57 Hall, 1400 Main Street, Southlake Texas. Purpose or the public hearing is to consider the sec- ond reading of the following ordinance: ORDINANCE NO. 968 AN ORDINANCE DEDICATING PER- MANENT STREET o.I. T -n c - %AI A v Customer ID: CIT57 Invoice Number: 308843731 Invoice Date: 2/13/2010 Terms: Net due in 21 days Due Date: 2/28/2010 PO Number: 21000007-000 Order Number: 30884373 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 2/13/2010 57 LINE $0.81 $46.17 Net Amount: .wani..ewRra�as,,.s• s o�pAv P�� CWRIST`� L. HOLLAND My Dornmisslon expires s� �luly 31,201 1fgJF r, � oPPPPPP rsvr —YPtPP4V9VPrr--PP9P-PSPPPP ($5.00) $5.00 $46.17 Before me, a Notary Public in <1 City Secretary 11 State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, 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 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, 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: 308843731 Invoice Amount: $46.17 PO Number: 21000007-000 Amount Enclosed: $ INVOICE Star -Telegram 400 W. 7TH STREET FORT WORTH, TIC 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 CITY OF CITY OF S ORDINANCEOUTHLAKE No. 968 AN ORDINANCE DEDICATING PER- MANENT STREET' SalesDiscC RIGHT-OF-WAY FROM CITY OWNED - PROPERTY AT THE SOUTHEAST. COR- NER OF DOVE ROAD AND NORTH WHITE CHAPEL BOULE- VARD DESCRIBED AS LOT 1A, BLOCK 1, AMAYA ADDI - TION IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH RIGHT- OF-WAY IS NECES- SARY FOR USE BY THE PUBLIC; AU- THORIZING THE MAYOR TO EXE- CUTE THE RIGHT-OF- WAY DEDICATION DOCUMENTS; PRO- VIDING A SEVER - ABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. PASSED AND -AP- PROVED THIS THE 2nd DAY OF MARCH, 2010, DURING THE REGULAR CITY G. THE STA MAYOR ILi John Terrell ATTEST: Lori Payne, County Ot City Secretary MAR 3 0 2010 OFFICE OF CIN SECIRwTARY NO I3580 1 42 Customer ID: CIT57 Invoice Number: 309099141 Invoice Date: 3/5/2010 Terms: Net due in 21 days Due Date: 3/31/2010 PO Number: NO PO Order Number: 30909914 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 3/5/2010 42 LINE $0.81 $34.02 ($5.00) $5.00 Net Amount: $34.02 ai:1'&SAG2iaaw wAMlOCfJ�abLi.0.1,8.�`l}er�6Ae6� PU CHRISTYL.HOLLAND My Commission Expires �q?oer July 31, 2012 'rvvv rvwsaveevv<svw�avvvvovenvwvvvvvv� Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly swom, did depose and say that the attached Gipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 A—,\ - - x-1% t SUBSCRIBED AND SWORN TO BEFORE ME, TI Thank You For Your Payment ------------------ Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT57 CITY OF SOUTHLAKE 309099141 $34.02 NO PO