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Item 6GPage 1 of 2 Item 6G City of Southlake Values: Innovation ◊ Integrity ◊ Accountability ◊ Commitment to Excellence ◊ Teamwork M E M O R A N D U M (February 2, 2016) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Ordinance No. 1133, 2nd Reading, Adopt ordinance to dedicate a permanent municipal utility easement on City-owned property Lot 11, Block 3R of the Cimmarron Acres Addition. (First reading was approved on January 21, 2016.) Action Requested: Ordinance No. 1133, 2nd Reading, Adopt ordinance to dedicate a permanent municipal utility easement on City-owned property Lot 11, Block 3R of the Cimmarron Acres Addition. (First reading was approved on January 21, 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 to invest, provide & maintain high quality public assets. The Critical Business Outcome Page 2 of 2 Item 6G City of Southlake Values: Innovation ◊ Integrity ◊ Accountability ◊ Commitment to Excellence ◊ Teamwork 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 E x h i b i t s Staff Recommendation: Ordinance No. 1133, 2nd Reading, Adopt ordinance to dedicate a permanent municipal utility easement on City-owned property Lot 11, Block 3R of the Cimmarron Acres Addition. (First reading was approved on January 21, 2016.) Staff Contact: Robert H. Price, P.E., Public Works Director Alejandra Ayala, P.E., Civil Engineer Ordinance No. 1133 1 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. Ordinance No. 1133 2 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. Ordinance No. 1133 3 PASSED AND APPROVED ON FIRST READING ON THIS ____ DAY OF __________________, 2016. _____________________________ M A Y O R 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 Page 1 of 3 MUNICIPAL UTILITY EASEMENT A 20-foot wide Permanent Utility Easement containing approximately 0.1125 acres 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 2 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 _________________________________ N o t a r y ’ s N a m e ( P r i n t e d ) _________________________________ N o t a r y ’ s C o m m i s s i o n E x p i r e s 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 3 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