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Item 6ICITY ��1OFi �j� I� j �/ SOV 1 '1 1LAKE MEMORANDUM (August 16, 2016) To: Shana Yelverton, City Manager From: Rob Cohen, Public Works Director Subject: Approve Ordinance No. 1158, 2nd 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. (1St reading approved on August 2, 2016.) Action Requested: Approve Ordinance No. 1158, 2nd 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. (1St reading approved on August 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 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. 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 Innovation 0 Integrity 0 Accountability 0 Commitment to Excellence 0 Teamwork Item 4B Page 2 of 2 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, 2nd 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. (1St reading approved on August 2, 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 AWA* ...................... S,PEARSON LN •, 0 - ,A) N PEARSON LN Y# J cn 0 CAL •, 0 - ,A) N PEARSON LN limammana 1 .1-­ I-JARRELL DR 1z Y# J limammana 1 .1-­ I-JARRELL DR 1z 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. 1► /:\761.7 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 J W BLOCK 2 w CIMMARRON ACRES LOT 8 C Q LOT 5 LOT 6 VOLUME 388-181, PAGE 8 LOT 7 P.R.T.C.T. 2 W > m v \ D ~ 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