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0921 ORDINANCE NO. 921 OFFICIAL RECORD AN ORDINANCE DEDICATING PERMANENT STREET RIGHT-OF-WAY FROM CITY OWNED PROPERTY AT THE SOUTHEAST CORNER OF DOVE ROAD AND NORTH WHITE CHAPEL BOULEVARD DESCRIBED AS LOT 1A, BLOCK1, AMAYA 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 South lake has determined that the engineering design for the intersection improvements (roundabout) at the corner of Dove Road and North White Chapel Boulevard demonstrates a need for additional right- of-way to construct the intersection improvements (roundabout) from City owned property at the southeast corner of Dove Road and North White Chapel Boulevard described as Lot 1A, Block1, Amaya Addition; and WHEREAS, the intersection improvements (roundabout) will be constructed to the benefit of the public and dedicated to the public; and WHEREAS, the City Council of the City of South lake has determined that there is a public need for right-of-way from City owned property at the southeast corner of Dove Road and North White Chapel Boulevard described as Lot 1A, Block1, Amaya Addition; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTH LAKE, TEXAS: SECTION 1 The City of Southlake grants right-of-way to the City of South lake, 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 Dedication. SECTION 3 A copy of the Right-of-Way Dedication 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 20m i)01JMnbiJI) , 2007. DAY OF --~ ~ ) M YOR/ANB'Y WAMBSGANSS ,~,UIiD1"qq, ~",. -<,VllA.v "111 ,,- :0 \ \ "l2"'''' ~, 0 eQ~G~@ee ~ 1Ir. ", $' Cj Ofl$ o...~ ~ : 1.4.. @l)~ ..~~ ..., 0 . _ -0. ,... ~>-: :~E -;;~\ ; = RY/LORI PAYN8~" ocoocc.."".c.,.$<:l ..l~ PP.~ . '. '::; f;;~'t., -C,k'i/,.. "};;..::;..1A,,,,\ '{(:t()bdU~f;."tj\\ f1 PASSED AND APPROVED ON SECOND READING ON THIS 4111 ~ 1'~lTf)hw 2007. DAY OF - -~-{;-) MAYOR/ANDY WAMBSGANSS ~"t -." '':'~>: ~'.~.::':: t" c.;," ~,;;fii'!t(j o~",'4 o~ '~:: _',,-~.r"'lj(''f<.., .:1&# ....,...... r-: ~OO~"J<-:"J;G~('" ~, ~ -.I 00 "'0 /I },. ~ $ ~ Q~Q c'\, ~ ~ ~ 0 $ .\~"" ~ G \ 0" i >- : '.:: :: : genE CITY SECRETAR /LORI PAYNE~ 0..... l 'i ~ ~G"o a8Qo.$ " l!Jcu..tQG ....' J~'J '* 11 iX ..~ Pilei/I i1 H H~ iQIl~'\\~ . (;RM ~~GALlTY: ~ -~-- CITY ATTORNEY CITY OF SOUTHLAKE RIGHT-OF-WAY DEDICATION INSTRUMENT 0432 Acres within Lot I-A, Block I, Amaya Addition STATE OF TEXAS 9 COUNTY OF T ARRANTS For and in consideration of the sum of ten dollars ($10.00) in hand paid by the City of South lake, Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration, including the benefits that will accrue to my property, I (we), City of Southlake ('GRANTOR'(S)), of Tarrant County, Texas, as the owner of that certain tract of land in Tarrant County, Texas depicted by metes and bounds description in Exhibit "A", attached hereto and incorporated herein for all purposes of this dedication, and as more particularly described by drawing as set forth in Exhibit "B", attached hereto and incorporated herein for all purposes of this dedication, do hereby dedicate same to the City of Southlake, Tarrant County, Texas for the use and benefit of the public as a perpetual right-of-way and easement for the passage and accommodation of vehicular and pedestrian traffic, and the construction, operation, use, maintenance, inspection, repair, alteration, and replacement of a paved road within the boundaries of the right-of-way and easement area, and for all other purposes for which a public street and right-of-way is commonly used, including installing, repairing, maintaining, altering, replacing, relocating and operating utilities in, into, upon, over, across, and under said right-of-way, and including but not limited to all such uses permitted by the Laws of the State of Texas and the Ordinances and Charter of the City of Southlake, Texas. TO HAVE AND TO HOLD said right-of-way and easement unto the City of Southlake, its successors and assigns, and GRANTOR(S) hereby bind(s) itself (themselves), its (their) successors and assigns to warrant and forever defend, all and singular, said premises unto the City of Southlake, its successor: and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof 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 furtJler agreed that the City of Southlake shall have the right to excavate and fill upon said permanent easement, any fences, buildings or other obsttuctions as may now be found upon said permanent easement It is further intended that the permanent right of way and easement herein granted to the City of Southlake 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 right-of-way and 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 I of 3 IN WITNESS WHEREOF, this dedication instrument is executed this _ day of ,2007. BY: Andy Wambsganss, Mayor (GRANTOR) ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT County, Texas, on this day personally known to me or proved to me tlrrough (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 helshe executed the same for the purposes and consideration therein expressed and in the capacity therein stated BEFORE ME, the undersigned authority in and for appeared GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,2007 NOTARY SEAL Notary Public, State of Texas Notary's Name (printed) Notary's Commission Expires Page 1 on CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument the _ day of ,2007, from the CITY OF SOUTH1AKE to tlle CITY OF SOUTH1AKE, 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, Dated SEAL Mayor, CITY OF SOUTH1AKE ATTEST: City Secretary AFTER EXECUTION BY GRANTOR, PLEASE RETURN ORIGINAl TO: CITY OF SOUTHLAKE C/o City Engineer 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 8 I7 -748-8098 Fax: 817-748-8077 AFTER RECORDING, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHIAKE C/o City Secretary 1400 Main Street, Suite 270 Southlake, TX 76092 Phone: 817-748-8016 Page 3 of 3 EXHIBIT "A" Being a 0.432 of an acre tract of land situated within Lot 1-A, Block 1, Amaya Addition, as shown by plat recorded in Volume 388-149, Page 57, Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found for the northeast corner of said Lot 1-A, and being also on the south right-of-way line of Dove Street (a variable width right-of-way); Thence South 00003'49" East, with the east property line of said Lot 1-A, a distance of 28.11 feet to a 5/8 inch capped iron rod stamped "TNP" set for corner; Thence South 78033'08" West, over and across said Lot 1-A, a distance of 33.17 feet to a 5/8 inch capped iron rod stamped "TNP" set for corner; Thence South 64040'46" West, a distance of 106.65 feet to a 5/8 inch capped iron rod stamped "TNP" set for corner; Thence South 51050'34" West, a distance of 111..36 feet to a 5/8 inch capped iron rod stamped "TNP" set for corner, Thence South 22048'59" West, a distance of 43.04 feet to a 5/8 inch capped iron rod stamped "TNP" set on the east right-of-way line of White Chapel Boulevard (a variable width right-of-way) from which a 5/8 inch iron rod bears South 22048'59" West a distance of 1.24 feet; Thence North 00012'49" East, with said east right-of-way line, a distance of 184.24 feet to a point for the northwest corner of said Lot 1-A, same being on said south right-of- way line of Dove Street; Thence North 88052'55" East, with said south right-of-way line, a distance of 232.49 feet to the POINT OF BEGINNING and containing 0.432 of an acre of land, more or less. DATE; September 5, 2007 Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83) Integral parts of this survey: a. Legal Description b. Sketch Page 1 of 2 INC. . ~,~ a:l:::: o ~ ~~ p..9 <:::: =~ Uro <( r.:Iii: ~~ ~~ ~. '/>v,o?-9. S22'46'S9'W '.24' . ,~ ",I'" NOTES: 3.87' - - --- -- - ------- ---- -- - - --- 1. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83). 2. Integral parts of this survey: a. Legal Description b. Sketch RI Y GENTRY, R.PLS TE AS REGISTRATION No. 5519 Date: September 5, 2007 EXHIBIT JIB" DOVE STREET (VARIABLE WIDTH ROW) N88'52'55"E 232.49' \'~ be ,-:> \ .~C) '1:>CO ~'\ '\'\. S '\ 233.36' (LINE FOR DIRECTIONAL CONTROL) S89'28'SO"E 13290' POINT or BEGINNING \,~ dbrO c...ot; bC Co. o~ ~ '\ O'v' S78'33'08"~ 33.17' I 0.432 ACRE RIGHT-OF-WAY EASEMENT - ~ ,:,:zl") I uO_ ~~ I 0 1= . ~, miS~1-; Sl .~::i~ ':" I Ull-; 0: <( .0: N~<(a: ~~o:i -l <3 LOT 1-A, Block 1 AMAYA ADDITION VOL. 388-149, PG. 57 P.R. T.C. T. I I J LOT 1-8. Block 1 AMAYA ADDITION VOL. 388-149, PG. 57 P. R. T.C. 1. o 20 40 I 1 I SCALE: 1" = 40' BO I 0.432 ACRE RIGHT-OF-WAY EASEMENT Situated in Lot 1-A. Block 1 Amaya Addition City of Southlake Tarrant County, Texas JOB NO, LEN 06289 =- CiVr~:n~~~ su~~~f Lan~s~fe Ar~~~~/ ~~ing INC. www.tnp-online.com l: \LD'I \,lEI'0621J~\2 vtHCHPLDOV;::\c"d\~lIr',,,\'\E5,i,11- 01. dwq SHEET 2 OF 2 INVOICE Draft Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 291939221 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 12/8/07 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 12/31/07 Bill To: PO Number: no po CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 29193922 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLI Publication Date: 12/8/07 Description Location Col Depth Linage MU Rate Amount Legal Notices CITY OF SOUTHI CITY OF SOUTH- E NO 13580 1 44 44 LINE $0.81 $35.64 LAKE ORDINANCE NO. 921 Sales Discount AN EDICA ORD NAPER ($5.00) MANENT STREET RECEIVED RIGHT-OF-WAY FMisc Fee PROPERTY ATVNED THE• $5.00 SOUTHEAST COR- NER OF DOVE ROAD AND NORTH WHITE CHAPEL BOULE- VARD DESCRIBED AMAYAlAADDIITION IN THE CITY OF Net Amount: $35.64 SOUTHLAKE, TAR- RANT COUNTY OFFICE OF CIPI SECRETARY TEXAS; DECLARING; THAT SUCH RIGHT- OF-WAY IS NECES- SARY FOR USE BY THE PUBLIC; AU- THORIZING THE MAYOR TO EXE- CUTETHERIGHT-OF- WAY DEDICATION DOCUMENTS,. PRO- VIDING A EVER- ,'�r(I�•r!;"''• CHRISTY L.HOLLMVO R k's ABILITY CLAUSE; .: AND PROVIDING AN *i MY COMMISSION ELVES EFFECTIVE DATE. July 31.2110E PASSED AND AP- ':�fg.t4+' PROVED THIS THE 4th DAY OF DE- CEMBER, 2007, THE STATE OF 11 DURING THE REG- ULAR CITY COUNCIL County of Tarrant MEETING. MAYOR: Andy AWambsgan Before me,a Nota Citys ss Secretary ay,�e, d County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was published in the Bove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 Signed NiN\ SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday, cem a 1,,2007. Notary Public ./(�1 adx.C) Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 291939221 Invoice Amount: $35.64 PO Number: no po Amount Enclosed: $ INVOICE A" - ty° in Star-Telegram Customer ID: CIT57 400 W.7TH STREET C r Invoice Number: 291253671 FORT WORTH,TX 76102 R G C L LV (817)390-7761 Invoice Date: 11/18/07 Federal Tax ID 22-3148254 DEC 1 3 Terms: Net due in 21 days Due Date: 11/30/07 Bill To: ! CITY OF SOUTHLAKE OFFICE OF Cm Tti SECRETARY PO Number: NOPO 1400 MAIN ST Order Number: 29125367 STE 440 Sales Rep: 005 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn BOBBIE ..MONTGOMERY Publication Dates: 11/16/07 - 11/18/07 Description j. ocation Col Depth Linage' MU Rate Amount rrn CITY OF SOUTHLAKE Noti 1�L'O/INFl, 580 1 59 59 LINE $0.43 $51.29 Sales Discount oI t theelt Citoun3 ($5.00) Southlake, Texas, that a public hearing will be held on De- Misc Fee cember 4, 2007, at a $5.00 7..\ 5:00 p.m. or imme- u diately following the Work Session, City dur- ing the Regular City Council meeting to 1 be held in the City Council Chambers of G k* Town Hall, 1400 . -�9 �, Net Amount: $51.29 Main Street, South- lake,Texas. Purpose ,- of the public hearing O�v j is to consider the. second reading of the following ordi- nance: ORDINANCE { /• , NO. 921 AN ORDINANCE DEDICATING PER '�/'/ V MANENT STREET RIGHT-OF-WAY FROM CITY OWNED .�;';;'o•.,, PROPERTY AT THE �° CHRISTY L.HOLLAND SOUTHEAST COR- fF. �4 NER OF DOVE ROAD q•: * MY COMMISSION EXPIRES AND NORTH WHITE i k•;r. 'F July31,2008 t CHAPEL BOULE- ++,+rf I,*„ VARD DESCRIBED THE STATE OF TEXAS AS LOT 1A,BLOCK1,AMAYA ADDITION County of Tarrant IN SOUTHLAKE,CITY OF HLAKETA - RANT COUNTY TEXAS; DECLARING Before me,a Notary Public in a THAT SUCH RIGHT-I State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star- OF-WAY IS NECES- Telegram,published by the Sta SARY PFORUBL I C U;SE AU- BY t Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the THE attached clipping of an advertis nniaORINTO THE n the ove named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 CUTETHE RIGHT-OF- WAY DEDICATION DOCUMENTS' PRO- VIDING A SEVER- ►� ABILITY CLAUSE-ned .� AND PROVIDING AN. EFFECTIVE DATE. City of Southlake SUBSCRIBED AND SWORN T.Lori Payne Monday,Nov mb 1 2007. i bab CttY Secretary Notary Public 7 a-14--6) Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 291253671 Invoice Amount: $51.29 PO Number: NOPO Amount Enclosed: $ 1