1055 ORDINANCE NO. 1055
AN ORDINANCE DEDICATING STREET RIGHT OF WAY FROM CITY
OWNED PARK PROPERTY LOCATED AT LOT 1, BLOCK 1, JOHNSON
PLACE ESTATES 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
engineering design for the FM1938 Phase 2 project demonstrates a need for additional
right of way to construct the improvements from City owned park property described as
Lot 1, Block 1, Johnson Place Estates Addition; and
WHEREAS, the FM1938 Phase 2 project 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 FM1938 Phase 2 project upon and across City owned park
property described as Lot 1, Block 1, Johnson Place Estates Addition; and
WHEREAS, the Attorney General has determined that a referendum is not required if
the grantee is a governmental agency having powers of eminent domain over the
property involved for which there is a need for public purposes; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
The City of Southlake grants a Right of Way parcel 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.
SECTION 3
A copy of the Right of Way parcel 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 7 ` DAY OF
d )Pr,P 64./C , 2012.
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MAYOR/J• N T -' LL " 1A111 " "'r•
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CITY SECRETARY /ALICIP,, RIGUARDt9A1
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PASSED AND APPROVED ON SECOND READING ON THIS t DAY OF
J aaiwq QA 2013.
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MAYOR/JOHN T ' - LL
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CITY SECRETARY /ALICI 'NCH A R II Sp NI
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A F / I l VED AS TO F ORM AND LEGALITY:
. C TT NEY
Exhibit A Page 1 of 3
Parcel 22 G
F.M. 1938
CSJ: 1978 -01 -052
March 2, 2011
Exhibit A, Page 1 of 3
Being a 0.087 acre (3,794 square foot) tract of land situated in the J.J. Freshour Survey, Abstract
Number 521, Tarrant County, Texas, and being a portion of Lot 1, Block 1, Johnson Place Estates
Addition, as recorded in Cabinet A, Slide 12308, 12309 and 12310, Plat Records, Tarrant County,
Texas ( P.R.T.C.T.), being dedicated to City of Southlake Parks and Recreation Department per
plat and being more particularly described by metes and bounds as follows;
(1 } BEGINNING at a set 5/8 inch iron rod with Transystems cap on the South line of said Lot 1,
Block 1 and the North line of Lot 19, Block 1, of said Johnson Place Estates Addition, also being
on the Proposed Westerly Right -of -Way line of F.M. 1938, said 5/8 inch iron rod being North 89°
56' 51" East, 47.66 feet from a found 1/2 inch capped iron rod at the Northwest corner of Lot 19,
Block 1 of said Johnson Place Estates, and being at right angles to and 63.91 feet left of centerline
Highway Sta. 41 +81.90; point also being the beginning of a curve to the right, whose center point
bears North 88 °00'59 "East, a distance of 19,393.53 feet, being Lot 1, Hillside Estates Addition,
as recorded in Volume 388 -181, Page 6, P.R.T.C.T.;
(2) THENCE with said curve and with the Proposed Westerly Right -of -Way line of F.M. 1938, in a
Northerly direction, through a central angle of 0 °30'24 ", an arc distance of 171.48 feet to a set
5/8 inch iron rod with Transystems cap on the North line of said Lot 1, Block 1 and the South line
of a tract of land to Ross W. and Karen L. Garrett, as recorded in Instrument #D198064835, Deed
Records, Tarrant County, Texas;
(3) THENCE North 89 °03'51 "East, along the North line of said Lot 1, Block 1 and South line of said
Garrett tract, a distance of 24.25 feet to a set 5/8 inch iron rod with Transystems cap for the
Northeast corner of said Lot 1, Block 1 and the Northwest corner of a 30 foot Right -of -Way
Reservation by MDC — Johnson Place Estates, LTD., per said Johnson Place Estates plat;
(4) THENCE South 0 °06'55 "East, along the East line of said Lot 1, Block 1 and the West line of said
30 foot Right -of -Way Reservation, a distance of 171.79 feet to a set 5/8 inch iron rod with
Transystems cap for the Southeast corner of said Lot 19, Block land the Northeast corner of Lot
19, Block 1, of said Johnson Place Estates plat;
(5) THENCE South 89 °56'51 "West, along the South line of said Lot 1, Block 1 and the North line of
said Lot 19, Block 1, a distance of 19.71 feet to the POINT OF BEGINNING, containing 0.087
acre (3,794 square feet) of land, more or less.
NOTE: Basis of bearing is the Texas State Plane Coordinate System, North Central Zone (4202), North
American Datum 1983 (NAD 83) with all distances and coordinates adjusted to surface by project
surface factor of 1.00012825.
NOTE: Plat to accompany this legal description.
Exhibit A Page 2 of 3
Parcel 22 G
F.M. 1938
CSJ: 1978 -01 -052
March 2, 2011
Exhibit A, Page 2 of 3
That I, Timothy A. Frost, a Registered Professional Land Surveyor in Texas, hereby states that this survey
was made from an actual on the ground survey made in July, 2010 under my supervision, that all
monuments exist as shown hereon and this survey substantially conforms with the current professional
and technical standards as set forth by the Texas Board of Professional Land Surveying.
4
co p L�
Timothy A. Fro i� L
Registered Professional Land Surveyor r� • Hg3 ' ' ' •
1�OMlK A. T
Texas Registration Number 5316
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Exhibit A Page 3 of 3
J.J. FRESHOUR SURVEY
ABSTRACT NO. 521
s
CURVE PRW07 CURVE CLO4 'Q:..6.
DELTA- O' 30' 24' MT) DELTA. 0' 43' 49' (AT) 4 '
R• 19.393.53 R• 8.000.00
L. 171.48 L. 101.98
CB- N f 37' 49'W CB- N 1'50' 27' W ti
CITY OF SOUTHLAKE
LC. 171.48 LC- 101.98 co PARKS AND RECREATION
aN DEPARTMENT
JOHNSON PLACE ESTATES
ADDITION x
BLOCK I. LOT I c
CAB.A. SLIDES 12308. ` 4
pa 12309 AND /2310 °
P.R.T.C.T. u ,
cn
: th...,4
2a
3h
'C/RF *, CITY OF SOUTHLAKE
N 8
PARKS AND RECREATION
`
JOHNSON PLACE HOMEOWNERS ASSOCIATION / 4 ' 56 6' Sr E
' DEPARTMENT
INST.' 0207427854 TAKING 0.087 ACRES
D.R.T.C.T P.O.B. REMAINDER 5.77 ACRES
�.
JOHNSON PLACE ESTATES ADDITION PARCEL 22 G
BLOCK 1. LOT 19 41.81.90
es
CAB.A. SLIDE 12308. 63.91 LT
12309 AND 12311 P.R.T.C.T. PROPOSED ROW PROPOSED ROW
f
— PROPOSED ROW CURVE PRWO7
S 89' 56' 5/' W 19.71 N 89' 03' 51* E ROSS W. GARRETT
24.25' AND SPOUSE.
S 0'06' 55'E 171.79' KAREN .• 0198064835
L. RRET
MX - JOHNSON PLACE ESTATES. LTD. D.R.T.C.T.
JOHNSON PLACE ESTATES ADDITON HILLSIDE ESTATES
CAB.A. SLIDE 12309. 12309. AND 12310 ADDITON
P.R.T.C.T. LOT 1
VOL.388-181, PG.6
EXISTING ROW P.R.T.C.T.
CURVE CL09 _ _ N f 28' 32' W 740.85' - — . — _ — . r _
_12'22'W 250.00' ._.. -- - r--- - -.
PROPOSED + — —
.� . . — - F.M. f.M1939
N 2
R.O oE1CAT10N EXISTING ROW
CAB. A. SURE /2309 I
PC 41+45.24 P.R.T-`.T. PT 42 +47.22
J
-ilia- ql' --
Legal description to accompory this survey sketch. — . — . — . — . — . — • — • — • •.f — • — . — • — • — - — ' ' Scale ' Feet — • — -
NOTE: Basis of Dewing Is the Texas State Plane Coordinate System, North Central Zone (42021. F.M. 1938 0 25 50 75
North American Datum 1983 MAD 831. , with all distances and coordinates adjusted to surface
Dy project surface factor of 1.00012825.
LEGEND j r
5/8 Inch Iron rod with . ^
2
peak cop stamped 'Transysiems• set ► J'• V+ - /£ '' 4 ; ` D 1� T TY c Fit /'V
PX Nall set or X-Cut set i:41'.
i • �.l I A\ 1 KC 1 I y Y ( .r
• • Marker found 'os noted ` g. • • ' , � l * e', 1 d 1� llV VA d d WJ
0. P.R. T. C. T. • Official Public Records. Tarrant County, Texas ■ .. tt
D.R.T.C.T. • Deed Records. Tarrant County. Texas %" M ACON A. RIOT t.`
P.R.T.C.T. • Plat Records, Tarrant County. Texas ' t, g • ` ' ' j CI TY OF SOOT HL A KE
P.O.C. •Point Of Commencing * <• e.g. PARKS AND RECREATION
P.0.8. Point Of Beginning 1, , 464........v.., w�
s DEPARTMENT
K • Properly ine �'
• Survey e — 0. 087 ACRE
,--, • Fee Hook
€ • Centerline
PAGE STATE DIST. COUNTY HIGHWAY N0.
Page 3 of 3 TEXAS FTW TARRANT F.M. /938
CONT. SECT. JOB
Amu
C. J.
ovl Amu ROW C. S. J. 1978 01 052