Item 4BCITY
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SOV 1 '1 1LAKE
MEMORANDUM
(August 2, 2016)
To: Shana Yelverton, City Manager
From: Rob Cohen, Public Works Director
Item 4B
Subject: Approve Ordinance No. 1158, 1St Reading, approve an
ordinance to dedicate a permanent municipal utility easement
on City -owned property Lots 8-11, Block 3R of the Cimmarron
Acres Addition. (if approved at first reading, public hearing
will be held August 16, 2016.)
Action
Requested: Approve Ordinance No. 1158, 1St Reading, approve an ordinance to
dedicate a permanent municipal utility easement on City -owned
property Lots 8-11, Block 3R of the Cimmarron Acres Addition. (/f
approved at first reading, public hearing will be held August 16,
2016.)
Background
Information: The Southlake 2030 Master Plan, adopted by the City as Ordinance
No. 1032, identified the construction of a new 16 -inch water line
between the high and low pressure planes as a Tier 1 project. The
alignment of the water line will parallel the northernmost property
lines of Lots 8, 9, 10, and 11, Block 3R of the Cimmarron Acres
Addition which is owned by the City of Southlake. The 10 -foot wide
permanent municipal utility easement is necessary for the
construction of the water line on this City -owned property.
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 water line 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.
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Item 4B
Page 2 of 2
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
and maintain high quality public assets. The Critical Business
Outcome for this project is CB05 — Improve quality of life through
progressive implementation of Southlake's Comprehensive Plan
recommendations.
Citizen Input/
Board Review: N/A
Legal Review: N/A
Alternatives: The City Council may approve, amend or deny the dedication for a
water line easement.
Supporting
Documents: Location Map
Ordinance No. 1158
Easement Dedication Form
Exhibits
Staff
Recommendation: Approve Ordinance No. 1158, 1 st Reading, approve an ordinance to
dedicate a permanent municipal utility easement on City -owned
property Lots 8-11, Block 3R of the Cimmarron Acres Addition. (/f
approved at first reading, public hearing will be held August 16,
2016.)
Staff Contact: Rob Cohen, Public Works Director
Kyle D. Hogue, P.E., City Engineer
Alejandra Ayala, P.E., Civil Engineer
Innovation 0 Integrity 0 Accountability 0 Commitment to Excellence 0 Teamwork
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Ordinance No. 1158
ORDINANCE NO. 1158
AN ORDINANCE DEDICATING A PERMANENT MUNICIPAL
UTILITY EASEMENT FOR A WATER LINE 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 LOTS 8, 9, 10, AND 11, BLOCK 311, 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 0.1415 acres, located in
the City of Southlake, is necessary for installation and maintenance of a 16 -inch water
line 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 10 -foot permanent municipal utility easement across City owned
property at Lots 8, 9, 10 and 11, Block 3R, Cimmarron Acres Addition.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
A 0.1415 acre permanent municipal 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.
1
Ordinance No. 1158
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby authorized and empowered
to execute the aforementioned Permanent Municipal Utility Easement to permit the
construction of a 16 -inch water line and any other municipal utilities.
SECTION 3
A copy of the Permanent Municipal 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. 1 158
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.
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ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
3
PERMANENT MUNICIPAL UTILITY EASEMENT
LOTS 8, 9, 10 AND 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 water line 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 10 -foot wide Permanent Municipal Utility Easement containing
approximately 0.1415 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 Municipal Utility 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
PERMANENT MUNICIPAL UTILITY EASEMENT
A 10 -foot wide Permanent Utility Easement
containing approximately 0.1415 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
PERMANENT MUNICIPAL UTILITY EASEMENT
A 10 -foot wide Permanent Utility Easement
containing approximately 0.1415 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
PERMANENT MUNICIPAL UTILITY EASEMENT
A 10 -foot wide Permanent Utility Easement
containing approximately 0.1415 acres
• FOUND 5/8" IRON ROD WITH ORANGE CAP STAMPED
"CHEATAM 4626" UNLESS OTHERWISE NOTED
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
PAGE 1 OF 2
" 10' PERMANENT MUNICIPAL
UTILITY EASEMENT
0.1415 ACRES (6,164 SQ FT)
0 100'
SCALE FEET
1 "= 100'
SITUATED IN THE
`f JESSE G. ALLEN SURVEY, ABSTRACT NO. 18 NOTES:
CITY OF SOUTHLAKE 1. THE BASIS OF BEARINGS RECITED HEREON
- 1� IS THE TEXAS COORDINATE SYSTEM OF
TARRANT COUNTY, TEXAS 1983, NORTH CENTRAL ZONE, 4202.
6002009.001 2. COMBINED SCALE FACTOR: 0.999880014
Curve Table
w ^
Curve Central Arc
Radius
Chord Bearing I;
Number Angle Length
and Distance
p
C1 16' 12'119" 50.00' 14.14'
S44'57'09"E 14.09'
J
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W
BLOCK 2
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CIMMARRON ACRES
LOT 8
C
Q
LOT 5
LOT 6
VOLUME 388-181, PAGE 8 LOT 7
P.R.T.C.T.
2
W
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POINT OF BEGINNING
JORDAN DRIVE
Z
"
S89'51 17 W
SET 5/8" IRON ROD WITH
(60' WIDTH RIGHT-OF-WAY)
O c
20.00'
YELLOW CAP STAMPED
"DUNAWAY ASSOC. LP"
N89"51'17"E 611.35'
dQ
SET 5/8" IRON ROD WITH
YELLOW CAP STAMPED
�' $$9"51'17"W 621.28'
10' PERMANENT MUNICIPAL
_
"DUNAWAY
ASSOC. LP"
UTILITY EASEMENT
LOT 10 LOT 9
LOT B
NOD'
0. 0.1415 ACRES
10 00,
6,164 SQUARE FEET
LOT 12
i�
,i LOT 11
CITY OF SOUTHLAKE
N
VOLUME 12350, PAGE 1588
D.R.T.C.T.
w
BLOCK 3R
0000 ����$
CIMMARRON ACRES ADDITION
Po y4.0 �1d'
CABINET A, SLIDE 10554
P.R.T.C.T. -25' WATER LINE EASEMENT
5b"
5 7•.
CABINET A, SLIDE 10554
P.R.T.C.T
N89'F9-28"E —178.3U---
78.30FOUND
'LOT
5R6, BLOCK 3 115' UTILITY
FOUND5/8" IRON ROD
WITH ORANGE CAP
"CHEATAM
LOT 13
EASEMENT
FOUND 5/8" IRON CIMMARRON ACRES ADDITION CABINET A, SLIDE 3321
ROD WITH ORANGE CABINET A, SLIDE 3321
STAMPED 4626"
P.R.T.C.T.
CAP (DAMAGED) P.R.T.C.T.
1J
• FOUND 5/8" IRON ROD WITH ORANGE CAP STAMPED
"CHEATAM 4626" UNLESS OTHERWISE NOTED
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
PAGE 1 OF 2
" 10' PERMANENT MUNICIPAL
UTILITY EASEMENT
0.1415 ACRES (6,164 SQ FT)
0 100'
SCALE FEET
1 "= 100'
SITUATED IN THE
`f JESSE G. ALLEN SURVEY, ABSTRACT NO. 18 NOTES:
CITY OF SOUTHLAKE 1. THE BASIS OF BEARINGS RECITED HEREON
- 1� IS THE TEXAS COORDINATE SYSTEM OF
TARRANT COUNTY, TEXAS 1983, NORTH CENTRAL ZONE, 4202.
6002009.001 2. COMBINED SCALE FACTOR: 0.999880014
m
0
0
EASEMENT DESCRIPTION
BEING a 0.1415 acre tract of land situated in the Jesse G. Allen Survey, Abstract No. 18, Tarrant County, Texas and
being a part of Lots 8, 9, 10, and 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 of a
tract of land described in deed to the City of Southlake, recorded in Volume 12350, Page 1588, Deed Records, Tarrant
County, Texas, said 0.1415 acres being more particularly described as follows:
BEGINNING at a set 5/8 -inch iron rod with yellow cap stamped "DUNAWAY ASSOC. LP" from which 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), bears South 89 degrees 51 minutes 17
seconds West, a distance of 20.00 feet;
THENCE North 89 degrees 51 minutes 17 seconds East, along the south right-of-way line of said Jordan Drive, a
distance of 611.35 feet to a found 5/8 -inch iron rod with orange cap stamped "CHEATAM 4626", for the beginning of a
non -tangent circular curve to the left, having a radius of 50.00 feet and a chord bearing and distance of South 44
degrees 57 minutes 09 seconds East, 14.09 feet;
THENCE Southeasterly, continuing along said south right-of-way line with said non -tangent circular curve to the left,
through a central angle of 16 degrees 12 minutes 19 seconds and an arc distance of 14.14 feet to the end of said
circular curve;
THENCE South 89 degrees 51 minutes 17 seconds West, departing said south right-of-way line, and crossing said Lots 8
thru 11, a distance of 621.28 feet;
THENCE North 00 degrees 08 minutes 43 seconds West, a distance of 10.00 feet to the POINT OF BEGINNING and
containing a computed area of 6,164 square feet or 0.1415 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
A plat of even date accompanies this
metes and bounds description.
DUNAWAYa
550 Bailey Avenue •Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1 121_
FIRM REGISTRATION 10098100 �O
OCTOBER 07, 2015
PAGE 2 OF 2
10' PERMANENT MUNICIPAL
UTILITY EASEMENT
0.1415 ACRES (6,164 SQ FT)
a SITUATED IN THE
JESSE G. ALLEN SURVEY, ABSTRACT NO. 18
C. CITY OF SOUTHLAKE
TARRANT COUNTY, TEXAS
B002009.001