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0985 CF FICIAL RECORD ORDINANCE NO. 985 AN ORDINANCE DEDICATING A PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT FROM CITY OWNED PARK PROPERTY LOCATED AT 700 NORTH KIMBALL AVENUE DESCRIBED AS LOT 2, BLOCK 3, GATEWAY CHURCH - 114 CAMPUS IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT 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 Kimball Avenue improvement project demonstrates a need for additional easements to construct the improvements from City owned park property located at 700 North Kimball Avenue described as Lot 2, Block 3, Gateway Church — 114 Campus; and WHEREAS, the Kimball Avenue 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 the Kimball Avenue improvements upon and across City owned park property located at 700 North Kimball Avenue described as Lot 2, Block 3, Gateway Church —114 Campus; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The City of Southlake grants a Public Utility, Drainage and Wall Easement 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 Public Utility, Drainage and Wall Easement. SECTION 3 A copy of the Public Utility, Drainage and Wall Easement 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 (1f41 DAY OF Q.clabtl) , 2010. MAYOR /JOHN TE"RELL ATTEST: . r CITY SECRETAV /LORI E 4 • a i A •• 0s v �j Ae1A ° ° PASSED AND APPROVED ON SECOND READING ON THIS'''° .2,1 A'' OF lla21h1I h,h) 2010. t• MAYOR /JOHN TER' LL ATTEST: ja(A "P ' 1 9 CITY SECRETAR LORI PA41 A= y ". • `u • 0) 8 p A' '• RO E r AST O' :� EGALITY: ` °•. ` SSR• °2 • °, 4 ,' r✓eP PP P ' ,!. * C y'�J4i6 " i g u ig {° ° °° CITY k TTORNEY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. OWNERS DEDICATION PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT STATE OF TEXAS COUNTY OF TARRANT WHEREAS, CITY OF SOUTHLAKE is the sole owner of Lot 2, Block 3, GATEWAY CHURCH -114 CAMPUS, an addition to The City of Southlake, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D210005156 of the Deed Records of Tarrant County, Texas. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, CITY OF SOUTHLAKE does hereby dedicate the following property described in Exhibits A & B attached hereto and made a part hereof as a PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT. WIT(VESS MY HAND at Southlake, Tarrant County, Texas, this 2 day of 1\-),V &L4 1 , 2010. ITY O OUTH E STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersi ned authority, in d for said County, on this day c.)014 personally appeared vt'��fe C } , known to me to be the persons whose name is subscribed to he foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. w GIVEN U MY HAND AND SEAL OF OFFICE, this the 2 day of 2010. 4 4:20:i 9 �.• 9.4 Pus, •, .Notary Public in a for The State of Texas commission Expires: - O n 2 y __ • 4 EOF \ RETURN TO: CITY OF SOUTHLAKE PARCEL NO. 9 OFFICE OF THE CITY SECRETARY 1400 MAIN STREET, SUITE 270 SOUTHLAKE, TEXAS 76092 EXHIBIT "A" LEGAL DESCRIPTION PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 9 BEING 0.026 acre of land located in Lot 2, Block 3, Gateway Church -114 Campus, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D210005156 of the Plat Records of Tarrant County, Texas. Said 0.026 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the North boundary line of said Lot 2, Tying S 88° 44' 41" W 10.00 feet, from a %" iron rod found marking the Northeast corner of said Lot 2, and said POINT OF BEGINNING also lying in the West boundary line of an existing 10' wide wall, drainage and utility easement, recorded in County Clerk's File No. D210005156 of the Plat Records of Tarrant County, Texas; THENCE S 00° 49' 31" E 224.56 feet, along the West boundary line of said existing 10' wide easement, to a point; THENCE S 89° 10' 29" W 5.00 feet, to a point; THENCE N 00° 49' 31" W 224.52 feet, along a line 5.0' West of and parallel to the West boundary line of said existing 10' wide easement, to a point in the North boundary line of said Lot 2; THENCE N 88° 44' 41" E 5.00 feet, along the North boundary line of said Lot 2, to the POINT OF BEGINNING containing 0.026 acre (1,123 square feet) of land. PARCEL NO. 9 G:doc kimbaII- legaIs\ES•9 LOT 1, BLOCK A UNION HALL ADDITION I VOL 388 -200, PG. 96 P.R.T.C.T. I POINT OF BEGINNIN _ r IRON "OD FOUND 1 NORTHEAST ORNER OF I _ - Y a LOT 2, :LOCK 3 - - S 88°4'41 "W N 88 °44'41 "E 10 00' 5.00' 1 5' PERMANENT UTILITY, DRAINAGE I AND WALL EASEMENT, 0.026 ACRE -- u ,' 1 ,123 SQ.FT. M.cD M� N M in f Z " W ON 1 > o1 a LOT 2, BLOCK 3 z a a GATEWAY CHURCH — 114 CAMPUS l CO CC No. D210005156, P.R.T.C.T. of Y � 1 'DEDICATED FOR PUBLIC PARK' o 1 OWNER: CITY OF SOUTHLAKE U H 0 CC W 0 W Z S 89 °10'29 "W � `- - - 5.00' 1 5 I I I I I �I I3 I / I I I - - - - - - - —T- II \ I LOT 1, BLOCK 3 i II, II SCALE 1 60' CITY OF SOUTHLAKE �C 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "B" I, 1 Rrrrmi &CRAWFORD PERMANENT UTILITY, DRAINAGE B E „ :�:! TOPOGRAPHIC SURVEYING Y1NG MAPPING AND WALL EASEMENT , ; y � * f ± 1817) 926-0511 - METRO (817) 489-3112 0 ACRE OF LAND _ 4 _ E5 L BRI TAN •I FAX P.O. B 11 a 4 A 3908 SCUM F1 Ew*T \ .� bfj, i ,4 4 .. / LOCATED IN �_, 1674 FORT 78110 LOT 2, BLOCK 3 GATEWAY CHURCH -114 CAMPUS ? .yoRyE ��,- \a4a j\.FS -09\ SOUTHLAKE, TARRANT COUNTY, TEXAS JULY 14, 2010 INVOICE Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817) 390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Attn: Attn: ACCOUNTS PAYABLE CITY OF S( Notice is nereoy given oy the uty Council of the City of Southlake, Texas, that a public hearing will be held on November 2, 2010, at 5:30 Misc Fee p.m. or immediately following the Work Session, during the Regular City Council meeting to be held in the City Council Chambers of Town Hall, 1400 Main Street, Southlake, Texas. Purpose of the public hearing is to consider the second reading of the following ordinance: ORDINANCE NO. 985 AN ORDINANCE DEDICATING A PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT FROM CITY OWNED PARK PROPERTY LO- CATED AT 700 NORTH KIMBALL AVENUE DESCRIBED AS LOT 2, BLOCK 3, GATEWAY CHURCH -114 CAMPUS IN THE CITY- OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT IS NECESSARY FOR USE BY THE PUBLIC, AUTHORIZ- ING THE MAYOR TO EXECUTE THE RIGHT-OF-WAY DEDICATION DOCUMENTS; PROVIDING A SEV- ERABILITY CLAUSE; AND PRO- VIDING AN EFFECTIVE DATE. City of Southlake THE STAI Lori Payne County of City Secretary I3580 1 34 r NOV - 4 2010 Customer ID: CIT57 Invoice Number: 312657601 Invoice Date: 10/15/2010 Terms: Net due in 21 days Due Date: 10/31/2010 PO Number: 21100072. Order Number: 31265760 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 10/15/2010 34 LINE $0.81 $27.54 $30.60 Net Amount: $58.14 n ``���tlllililll//!!!�� cp Z'\•,•,�PRY PUB��i3O �U;,z o� 1 7C • �� `' z OF: •• •. EXPIRES• • �� 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 sworn, did depose and say that the attached clipping of an advertisement was publis 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 Friday, Octobq!r 1 Notary Pu 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 312657601 $58.14 21100072.