Item 4BCITY OF
SOUTHLA KE
MEMORANDUM
(January 19, 2016)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Item 4B
Subject: Ordinance No. 1133, 1St Reading, Adopt ordinance to dedicate
a permanent municipal utility easement on City -owned
property Lot 11, Block 3R of the Cimmarron Acres Addition. (if
approved at first reading, public hearing will be held February
2, 2016.)
Action
Requested: Ordinance No. 1133, 1St Reading, Adopt ordinance to dedicate a
permanent municipal utility easement on City -owned property Lot
11, Block 3R of the Cimmarron Acres Addition. (If approved at first
reading, public hearing will be held February 2, 2016.)
Background
Information: The Southlake 2030 Master Plan adopted by the City as Ordinance
No. 1032 identified the construction of a new 16 -inch waterline
between the high and low pressure planes as a Tier 1 project. The
alignment of the waterline will cross the westernmost property line
of Lot 11, Block 3R of the Cimmarron Acres Addition which is
owned by the City of Southlake. The 20 -foot wide permanent
municipal utility easement is necessary for the construction of the
waterline on property owned by the City.
The Pearson pump station located near the Northeast corner of
Southlake Boulevard and N. Pearson Lane serves both the water
system upper and lower pressure planes. The construction of the
16 -inch waterline along Harrell Drive between the Pearson ground
storage tanks and the existing 12 -inch water main in Johnson Road
is necessary for the purpose of providing additional capacity into
the high pressure plane portion of the water distribution system.
Financial
Considerations: Filing fee for the permanent municipal utility easement dedication.
Funds are provided for in the adopted FY 16 Public Works budget
adopted by the City Council.
Strategic Link: The permanent municipal utility easement dedication and
associated construction links to the city's strategy map relative to
the focus area of Infrastructure. The specific corporate objective
that is met by the construction of this project is invest to provide &
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Item 4B
Page 2 of 2
maintain high quality public assets. The Critical Business Outcome
for this project is CB01 — Continue to implement Southlake 2030
Plan by focusing on short-term initiatives.
Citizen Input/
Board Review: N/A
Legal Review: N/A
Alternatives: The City Council may approve, amend or deny the dedication for a
waterline easement.
Supporting
Documents: Location Map
Ordinance No. 1133
Easement Dedication Form
Exhibits
Staff
Recommendation: Ordinance No. 1133, 1St Reading, Adopt ordinance to dedicate a
permanent municipal utility easement on City -owned property Lot
11, Block 3R of the Cimmarron Acres Addition. (If approved at first
reading, public hearing will be held February 2, 2016.)
Staff Contact: Robert H. Price, P.E., Public Works Director
Alejandra Ayala, P.E., Civil Engineer
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Ordinance No. 1133
ORDINANCE NO. 1133
AN ORDINANCE DEDICATING A PERMANENT UTILITY
EASEMENT FOR A WATERLINE AND ACROSS A PORTION OF
CITY OWNED PROPERTY AT THE CIMMARRON ACRES
ADDITION. BEING ALL THAT TRACT OF LAND IN THE CITY
OF SOUTHLAKE, TARRANT, COUNTY TEXAS A PART OF THE
JESSE G. ALLEN SURVEY, ABSTRACT NO. 18 AND BEING A
PART OF LOT 11, BLOCK 3R, CIMMARRON ACRES, AN
ADDITION OF THE CITY OF SOUTHLAKE RECORDED IN
CABINET A, SLIDE 10554, P.R.T.C.T; DECLARING THAT SUCH
EASEMENT IS NECESSARY FOR USE BY THE PUBLIC;
AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT
DEDICATION DOCUMENTS; PROVIDING A SEVERABILTY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas ("the City") is a home rule city acting under its
power 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, after careful study and
consideration, has determined that granting a utility easement of 0.1125 acres, located in
the City of Southlake, is necessary for installation and maintenance of a 16 -inch waterline
to 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 a 20 -foot permanent utility easement across City owned property at Lot
11, Block 3R, Cimmarron Acres Addition.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
A 0.1125 acre permanent utility easement located on the Jesse G. Allen Survey,
Abstract No. 18 in the City of Southlake, more specifically described in the county
records in Volume 12350, Page 1588. The easement records 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 Permanent Utility Easement to permit the construction of a
16 -inch waterline and any other municipal utilities.
1
Ordinance No. 1133
SECTION 3
A copy of the Permanent Utility 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 its passage, and it so
ordained.
2
Ordinance No. 1 133
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
, 2016.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 2016.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
3
PERMANENT MUNICIPAL UTILITY EASEMENT
LOT 11, BLOCK 3R of the CIMMARRON ACRES ADDITION
TO THE CITY OF SOUTHLAKE
TARRANT COUNTY, TEXAS
THE STATE OF TEXAS §
COUNTY OF TARRANT §
That I, , GRANTOR herein, for and in consideration of the sum
of Ten ($10.00) Dollars and other good and valuable consideration in hand paid by the CITY OF
SOUTHLAKE, home rule municipal corporation of the County of Tarrant, State of Texas,
GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed,
do hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual easement
for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding,
removing, and operating a waterline and other municipal utilities in, into, upon, over, across,
under and through all that land in Tarrant County, Texas described as follows, to -wit:
A 20 -foot wide Permanent Municipal Utility Easement containing
approximately 0.1125 acres, as more particularly shown in Exhibit 1 of 2
and described in Exhibit 2 of 2 attached hereto and incorporated herein.
together with the right of ingress and egress as necessary for such purposes.
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 GRANTEE shall have the right
to excavate and fill upon said permanent easement and to remove from 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 Municipal Utility Easement herein granted to the
GRANTEE 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 Waterline 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
MUNICIPAL UTILITY EASEMENT
A 20 -foot wide Permanent Utility Easement
containing approximately 0.1125 acres
IN WITNESS WHEREOF, this dedication instrument is executed this day of
, 2016.
BY:
GRANTOR
BY:
GRANTOR
ACKNOWLEDGEMENT
THE STATE OF TEXAS,
COUNTY OF TARRANT
BEFORE ME, the undersigned authority in and for Tarrant 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
2016.
NOTARY SEAL
Notary Public, State of Texas
Notary's Name (Printed)
Notary's Commission Expires
AFTER EXECUTION BY OWNER,
PLEASE RETURN ORIGINAL TO:
CITY OF SOUTHLAKE
C/o Public Works Department
1400 Main Street, Suite 320
Southlake, TX 76092
Phone: 817-748-8098
Fax: 817-748-807
Page 2 of 3
MUNICIPAL UTILITY EASEMENT
A 20 -foot wide Permanent Utility Easement
containing approximately 0.1125 acres
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest and real property conveyed by this dedication instrument dated
the day of , 2016, from 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.
SEAL
Dated
Mayor, CITY OF SOUTHLAKE
ATTEST:
City Secretary
Page 3 of 3
MUNICIPAL UTILITY EASEMENT
A 20 -foot wide Permanent Utility Easement
containing approximately 0.1125 acres
JORDAN DRIVE
(60' WIDTH RIGHT-OF-WAY)
N89'51'17"E
_20.00',— N89'51'17"E 158.30'
POINT OF
BEGINNING
SET 5/8" IRON ROD
SET 5/8" IRON ROD
WITH YELLOW CAP
WITH YELLOW CAP
STAMPED "DUNAWAY
STAMPED "DUNAWAY
ASSOC. LP" FOUND 5/8" IRON ROD
ASSOC. LP"
WITH ORANGE CAP
STAMPED "CHEATAM
o 50'
4626"
20' PERMANENT MUNICIPAL
SCALE FEET
UTILITY EASEMENT^-
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0.1125 ACRES
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CABINETEINE A, LSLIDE 10554NT
FOUND 5/8" IRON ROD
P.R.T.C.T
WITH ORANGE CAP
-
(DAMAGED)
15' UTILITY EASEMENT
SET 5/8" IRON ROD
CABINET A, SLIDE 3321
WITH YELLOW CAP
P.R. T.C.T.
STAMPED "DUNAWAY
— -
!'
ASSOC. LP—
N89'29'28"E 158.30'
589'29'28"W
FOUND 5/8" IRON ROD-
20. 00'
LOT 13, BLOCK 3R
1
LOT 5R6, BLOCK 3
WITH ORANGE CAP
CIMMAOT
ADDITIONCIMMARRON
ACRES ADDITION
ACRES ADDITION
STAMPED "CHEATAM
CABINET A, SLIDE 1 CABINET
A. SLIDE 3321
4626"
P.R.T.C.T.
P.R.T. C. T.
NOTES:
1. THE BASIS OF BEARINGS RECITED HEREON IS THE
TEXAS COORDINATE SYSTEM OF 1983, NORTH
CENTRAL ZONE, 4202.
2. COMBINED SCALE FACTOR: 0.999880014
-r
A metes and bounds description of even
date accompanies this plat.
DUNAWA
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1 121
FIRM REGISTRATION 10098100
OCTOBER 07, 2015
;_ io�',� 2
PAGE 1 OF 2
20' PERMANENT MUNICIPAL
UTILITY EASEMENT
0.1125 ACRES (4,902 SQ FT)
SITUATED IN THE
JESSE G. ALLEN SURVEY, ABSTRACT NO. 18
CITY OF SOUTHLAKE
TARRANT COUNTY, TEXAS
B002009.0011
EASEMENT DESCRIPTION
BEING a 0.1125 acre tract of land situated in the Jesse G. Allen Survey, Abstract No. 18, Tarrant County, Texas and
being a part of Lot 11, Block 3R, Cimmarron Acres Addition, an addition to the City of Southlake according to the plat
recorded in Cabinet A, Slide 10554, Plat Records, Tarrant County, Texas (P.R.T.C.T.), also being a portion a tract of land
described in deed to the City of Sout'hlake, recorded in Volume 12350, Page 1588, Deed Records, Tarrant County,
Texas, said 0.1125 acres being more particularly described as follows:
BEGINNING at a set 5/8 -inch iron rod with yellow cap stamped "DUNAWAY ASSOC. LP" for the common north corner
of said Lot 11 and Lot 12, said Block 3R, on the south right-of-way line of Jordan Drive (60 foot wide right-of-way);
THENCE North 89 degrees 51 minutes 17 seconds East, along the south right-of-way line of said Jordan Drive, a
distance of 20.00 feet to a set 5/8 -inch iron rod with yellow cap stamped "DUNAWAY ASSOC. LP", from which a found
5/8 -inch iron rod with orange cap stamped "CHEATAM 4626" for the common north corner of said Lot 11 and Lot 10,
said Block 3R, bears North 89 degrees 51 minutes 17 seconds East, a distance of 158.30 feet;
THENCE South 00 degrees 08 minutes 43 seconds East, departing said south right-of-way line, a distance of 245.05 feet,
to a set 5/8 -inch iron rod with yellow cap stamped "DUNAWAY ASSOC. LP", in the south line of said Lot 11, from which
a found 5/8 -inch iron rod with orange cap (damaged) for the common south corner of said Lots 11 and 10, bears North
89 degrees 29 minutes 28 seconds East, a distance of 158.30 feet;
THENCE South 89 degrees 29 minutes 28 seconds West, along said south line, a distance of 20.00 feet to a found
5/8 -inch iron rod with orange cap stamped "CHEATAM 4626" for the common south corner of said Lots 11 and 12;
THENCE North 00 degrees 08 minutes 43 seconds West, departing said south line along the common line of said Lots 11
and 12, a distance of 245.17 feet to the POINT OF BEGINNING and containing a computed area of 4,902 square feet or
0.1125 acres of land.
NOTES:
1. THE BASIS OF BEARINGS RECITED HEREON IS THE
TEXAS COORDINATE SYSTEM OF 1983, NORTH
CENTRAL ZONE, 4202.
2. COMBINED SCALE FACTOR: 0.999880014 PAGE 2 OF 2
Aplat ofeven date accompanies this
metes and bounds description.
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PERMANENT MUNICIPAL
UTILITY EASEMENT
0.1125 ACRES (4,902 SQ FT)
.•,.,....,..,,...... ,.,..,r.....
DUNAWAY
SITUATED IN THE
. r
JESSE G. ALLEN SURVEY, ABSTRACT NO. 18
Sst] Bailey Avenue • Su1ie 440 • For War] h, Texas 76107
�,.. �
CITY OFSOUTH LAKE
Tel: 817.335.1 1 2)
TARRANT COUNTY, TEXAS
FIRM REGISTRATION 10098100
it
OCTOBER 07, 2015
1
B002009,001