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1998-03-17 CC PacketTO: FROM: SUBJECT: City of Southlake, Texas March 13, 1998 Honorable Mayor and Members of City Counci Curtis E. Hawk, City Manager Agenda Item Comments and Other Items Meeting March 17, 1998 I I. Agenda Item No. 4B. City Manager's Report. Included in your packet is the financial report prepared by Finance Director Lou Ann Heath. If you have any questions, please feel free to contact her. 2. Agenda Item No 4C SPIN Report and 4D Parks and Recreation Board ReportBrief reports will be presented by SPIN Neighborhood #6 Representative Tom Ward and Parks and Recreation Board Member Richard Anderson. Lane. This project, and the associated timeline, is described on page 23 of the CIP update included in your last meeting packet. Note that we are slightly ahead of schedule. Staff recommends your approval of this item. Please contact Public Works Director Bob Whitehead if you have questions regarding this item. 4. Agenda Item No 5B Authorize placement of log cabin at Bicentennial Park The Southlake Historical Society is requesting to place the log cabin they dismantled from the former Southlake Commons property, at Bicentennial Park. The group presented their request at the March 9 Parks and Recreation Board Meeting. The Park Board supports the idea, and is recommending approval. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 13, 1998 Page 2 The Park Board clarified that they did not recommend this site be considered a historical village. The Park Board is considering Bob Jones Park and/or Smith Park as possible historical parks. It is anticipated that a representative of the Southlake Historical Society will be at work session to answer any questions you may have. the fence at Bob Jones Park. You will recall awarding the bid for the pipe rail fence at Bob Jones Park to Ratliff Iron Works in December 1997. At that time, we recommended that you award the base bid to Ratliff, recognizing that the bid did not include gates. Staff was still considering shop drawings for gates submitted by the bidders, and noted that we would bring the gates forward as a change order at a subsequent meeting. We are now ready to proceed, and recommend your approval of this change order. Note that the cost of the gates ($2,100) brings the total cost of the fence to $38,725, still below the budgeted amount of $38,750. Note also that SPDC will consider this item at its meeting on Monday, March 16. Miron Water Tower. This bid is for the construction of a 1.5 million gallon water tower. The low bidder was Landmark Structures, Inc. with a bid of $1,485,000. The bid amount includes the structure and a painting scheme similar to that of the existing water towers. Bids for two alternates were also provided. One option provided for a second floor, which would increase the cost by $40,000. The other option provided for painting the structure blue. This option had no impact on the cost. SPIN Neighborhood #8 held a meeting to discuss the water tower and different paint schemes. It is anticipated that Arthur Weinman, the architect that designed the ground Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 13, 1998 Page 3 storage water tank, will be hired to design several different painting options. When these designs are complete, a second SPIN meeting will be held to review the options and develop consensus among the neighbors on an appropriate paint scheme. Please contact Bob Whitehead if you have questions regarding this item. Court. This request was brought forward by the three residents whose property abuts Pine Court. They are requesting this abandonment because they all possess frontage on existing streets and have no need for this right-of-way. Pine Court has never been built as a public street. All of the franchise utilities have stated that they have no objections to this abandonment. There are no public utilities located in this right-of-way and a utility easement will not be required in this area, thus, staff recommends the right-of-way be abandoned. Please contact City Engineer Ron Harper if you have questions regarding this item. Block 53 in Timarron Addition Northwood Park, Phase —I. As noted in the memo from Ron Harper, this easement was recorded in error on the final plat. This easement provides no public benefit and is in fact an unnecessary encumbrance on the property. Staff therefore recommends it be abandoned. Please let Ron know if you have questions. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 13, 1998 (aw Page 4 10. Agenda Item No. 5H. Resolution 98-23. Abandoning a utility easement on Lot 2. Block 3 Hills of Monticello. This easement is no longer necessary since a separate sanitary sewer line was built adjacent to this property. The abandonment of this easement will not compromise the integrity of our sewer system since the easement was never used for its original purpose. Please contact Ron Harper if you have questions regarding this item. ITUMMITO between City of Southlake and Crossroads Square. Ltd. As pointed out in the memo from Shana Yelverton, the final execution of this agreement was delayed due to a variety of circumstances. The developer is now ready to proceed, and has requested that we reinstate the agreement and extend the closing deadline to December 31. 1998. The attorneys will be drafting a letter for the Mayor's signature. Since it will be twenty (20) days until our next meeting, we would like for you to authorize the reinstatement and extension at this time. It is a good deal for the City now just as it was in 1996. Given the time that has gone by, we are including a copy of the original agreement in your packet FYI. Please let me or Shana know if you have any questions concerning this item. 1998 Ordinance No 480-267. 2nd reading (ZA 97-157). Rezoning and Concept Plan for Hilltop Country Plaza. On January 6, City Council approved this item on 1st reading with the understanding that the second reading would not be heard until we had made our decisions regarding the alignments of any roadways in Village Center East (VCE). Since we are asking Council to table the VCE study until the first meeting in April, we suggested to the applicant that they table their request until that time. The recommendation from the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 13, 1998 Page 5 P&Z Commission did not impact this property, however, a second preferred alignment throughout the study deliberations did impact the east boundary of this property. Contact Community Development Director Last should you have any questions regarding this application. 13. Agenda Item No. 5K. Request to table and continue the Public Hearing to April 7. 1998. Village Center East Circulation Study. At the direction of Council, staff has been working through possible scenarios involving improved circulation patterns in the Village Center East area (east of Kimball between SH 114 and FM 1709), in anticipation of substantial retail activity in the future. Three separate property owner meetings and a public hearing at P&Z have resulted in several preferred alignments for future roadways. There are two graphics attached to the rear of the memo and report which explain the recommended alignments: the first depicts all previously discussed alternatives; the second, Figure 7 entitled "Recommended Alignments - P&Z: 3/5/98," reflects P&Z's recommendation at their public hearing. This item was advertised for a public hearing for this date a couple weeks ago. We are requesting that you table the item until your first meeting in April to allow us to notify all property owners of the recommendations of the Commission and distribute the draft study prior to the meeting. Contact Director Last or Senior Comprehensive Planner Chris Carpenter should you have any questions regarding this item. 14. agenda Item No 5L Request to table item and continue the Public Hearing to April 7, 1998• Ordinance No 699 2nd reading. A1212 in -across connection control policy. As directed by Council at the March 3rd meeting, staff is working to incorporate language regarding the inspection process. The City Attorneys are drafting the specific language N Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 13, 1998 Page 6 that will be required. Please table this item and continue the public hearing as requested by staff. the TRA for the Denton Creek_ Wastewater_Intercentor Pressure Svstem (DCWIPS). As mentioned in the memo from Bob Whitehead, this agreement is required by TRA before it will allow discharge from the N-1 manhole at Dove Road into the DCWIPS. This agreement is merely a formality since the land in question has already been deeded once to the City by Maguire Partners. Richard Kuhlman has told us that execution of the new deed could take anywhere from two (2) weeks to three (3) months, since the paperwork must go to Los Angeles and New York. The agreement in your packet was drafted by the TRA attorney, and is being reviewed by our attorney. We are requesting you authorize the Mayor to sign the agreement as approved by our attorney so we can quickly move forward with the operation of the lift station. 16. Agenda Item No. 6B. Presentations. There will be two formal presentations made to Council on Tuesday evening. The first will be the presentation by the U.S. Federal Protective Service, recognizing the assistance we have provided through our K-9 program. We have also received a request from Dick Johnston, who wishes to update you on the status of the tree farm. to SF1A, North Peytonville Ave. There have been no changes in this request since Council approval of this item 7-0 on first reading. Feel free to contact Dennis Killough should you have any questions regarding this request. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 13, 1998 Page 7 May 2. 1998. for the purpose of amending the Home Rule Charter. At the request of Council, staff has worked with the City Attorney to draft wording for propositions regarding term limits. Two propositions will be necessary to determine if voters want to allow for consistent treatment of the Mayor, Councilmembers, and Municipal Court Judge, whether this be term limits or no term limits. Proposition #7, if passed would remove the limitation on the number of terms that the Mayor or Councilmembers may serve. If it fails, the charter would remain as it is currently worded. Proposition #8 is a contingency proposition. If Proposition #7 fails, then Proposition #8 would allow voters to determine if the Charter should be amended to require a limit of two successive terms for the Municipal Court Judge, consistent with the limitations imposed on the City Council. If Proposition #7 passes, then Proposition #8 is invalidated. Please contact Kevin Hugman if you have questions regarding this item. Site Plan for Health Partners Medical Group Primary Care Center. There are no unresolved issues regarding this request. During deliberations at the P&Z Commission, the applicant amended their request to SPl with 0-1 uses. The purpose of the change was to allow the city to reduce the required number of parking spaces and leave a larger open area in front of the building. The Commission recommended approval 6-0, allowing the horizontal articulation as shown. Feel free to contact Dennis Killough should you have any questions. Qe Commission to fill unexpired terms. This item has been put on your agenda to provide Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 13, 1998 Page 8 you the opportunity to fill the one member and two alternate seats that are currently vacant on the Senior Advisory Commission. You will note that two of the three unexpired terms will expire in May. Please contact Sandy LeGrand or Kevin Hugman if you have questions regarding this item. items we disseminated to you Tuesday morning. We have included another copy of the material in this packet. As we mentioned in the March 10 memo, we have been communicating with TxDOT regarding our desire to incorporate urban design enhancements in the SH 114 project. As a result of a meeting held February 26, 1998, staff gained an awareness that TxDOT is moving quickly with their plan preparation and time is of the essence regarding our input into their decision making. Staff met with representatives from TxDOT and worked through questions regarding how best to implement aspects of the corridor study recommendations. We have placed this on the agenda with hopes of briefly discussing some of the design considerations we need to be thinking about, using the attached "State Highway Design Criteria Decision Matrix" as a tool to discuss potential costs which may be expected from the city. There is also a second attachment which reflects budget estimates from Newman, Jackson, Bieberstein mostly for the landscape architectural enhancements that have been proposed. We do not anticipate having estimated costs for each item at the upcoming meeting. Our goal is to receive Council's direction regarding interest in pursuing different enhancements before we spend a great deal of time working out the details. Contact Director Last or Chris Carpenter should you have any questions regarding this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 13, 1998 Page 9 Other Items of Interest 22.Insurance Service Organization Rating_ This is a subject you will be hearing about in greater detail at the June retreat. Texas is one of the last states in the nation to implement the ISO rating system; we previously used the "key rate" system which many of you may be familiar with. The ISO rating scale is from 1 to 10, with a rating of 1 being the most desirable. Southlake's current preliminary rating is a "4," an improvement from a "6" rating in 1995. The ISO rating has a direct correlation to the insurance rates paid by consumers. As such, the lower the rating the better for homeowners, unless the home is of a size (a structure needing 3,500 gallons of water per minute for fire flow ) to require an individual rating. The memo from Garland Wilson attached to my memo describes Southlake's efforts to improve its rating, noting that our total points have improved from 37.13 in 1986 to 67.57 in 1996. (Although the State was using the key rate system in 1986, we were rated by ISO at the request of an insurance company.) It is important to note that the ISO rating is "to provide insurance companies with a tool allowing equal and comparative premiums for insurance. It does not and is not intended to determine a fire service's ability to fight fire." We are aware of an upcoming newspaper story which could be misleading on this point in that the reporter does not seem to understand the broader issues. If you have questions about the rating process, our review, or the purpose of the ISO rating, please feel free to call Garland. 23. Fire Training Exercise, Garland Wilson initiated a review of our fire systems for Thursday evening, March 12. This review was a true test of all of our systems, including the public notification system, communications, response procedures, policy compliance on the local level, as well as compliance with the national standards we would be compared Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 13, 1998 Page 10 against in a high risk incident. The surprise exercise involved calling in a fire, with management stationed in areas to observe the response and record the results. Much of the evaluation was focused on issues such as response times, information accuracy, and appropriateness of tactical decisions. This exercise was unique in that it was live and unannounced, and it provided an excellent opportunity to evaluate our ability to respond to an incident. 24. Crime Control Board of Directors Meeting. The next meeting of the Board is scheduled for April 1 in the Council Chamber at City Hall. The two items of consideration/discussion will be the administrative services contract with the City and a presentation by Director Campbell on the Uniform Crime Report. Note that the Board will also discuss land acquisition in Executive Session. We are hoping to move very quickly on tying up property for the facilities. 25. Mid Year Review/June Retreat. As noted in my last memo to you, mark your calendar for the Mid Year Review, scheduled for March 24, 7:00 p.m. to 10:00 p.m. Also, the June retreat is tentatively scheduled for Thursday June 25 and Friday June 26. We expect the schedule to be from 4:00 p.m. to 10:00 p.m. on Thursday and for a full day on Friday. Please let us know if these dates are inconvenient for you. 26. FM 1938 Update. Last Thursday, March 5, the Mayor, Bob Whitehead and I met with County Commissioner Glen Whitley and his staff, Lyle Dresher and Keller staff, Richard Kuhlman of Maguire Thomas Partners, Larry Cain of Hillwood Development, and representatives of Freese and Nichols to discuss the construction of FM 1938. The meeting allowed us to present the proposed alignment of the road, and to assure Commissioner Whitley's support of the project. Yesterday, Commissioner Whitley accompanied a group including representatives of the City of Southlake, City of Keller, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 13, 1998 Page 11 and Town of Westlake in making a presentation to the Texas Department of Transportation District Engineer in Fort Worth. The Fort Worth District is supportive of our proposal. We still have some work to do and we will keep you informed of progress. FYI, attached hereto is a newspaper article about the meeting yesterday. It appears that the Town of Westlake notified the newspaper and invited the reporter to the meeting. This is not something we usually do when we are attempting to work through the process in order to bring something forward to TxDOT. It indicates the "paranoia" that Westlake has when it comes to the City of Southlake and MTP. 27. Southlake Sister Cities will be hosting a student delegation from Toyoma at the end of this month. The group of three adults and seven students will arrive the evening of Thursday March 26 and will stay in Southlake until the following Tuesday. The group will stay with host families in the community, and will have many planned activities such as visiting the schools and going to Six Flags. A pot luck dinner is scheduled for Sunday March 29 at 6:30 p.m. The dinner will be held at Carroll High School, and invitations will be mailed next week. On a related note, Texas Sister Cities had its second organizational meeting this past Wednesday at the Fort Worth International Center. Over 25 individuals from throughout the state attended. The majority of time was spent brainstorming and identifying possible projects and goals for the organization. Six committees were established: Membership, Organizational Relations, Information Technology, Education, Culture, and Development. The group plans to meet again in May, however, the date and location were not determined. We will inform you when the date has been set. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 13, 1998 Page 12 • Austin Trip - In April each year the Southlake Youth Action Commission travels to Austin to learn more about state government. This year's trip to Austin will include a visit with Governor Bush on April 20. SYAC met with Governor Bush during their first trip to the Capitol in 1995 which was the highlight of the year. The students were able to observe the legislature in action by attending both the House of Representatives and the Senate in session. Representative Nancy Moffat recognized the students during the session and briefly visited with the group. They also met Senator Jane Nelson. SYAC also observed two cases being appealed before the Texas Supreme Court. Last year SYAC was unable to meet with the Governor because of his busy schedule. Mock City Council Meeting - SYAC is preparing for this year's mock City Council meeting scheduled for Tuesday, April 14 from 7:00 p.m. - 8:30 p.m. Please mark your calendars because the kids have been preparing all year for this event and have been looking forward to playing the role of the Mayor and City Council members. Throughout the year, city staff have addressed SYAC members on various city functions. The mock city council meeting is an exercise that gives SYAC members a chance to put the information they have learned about local government into practice. SYAC members participate in the meeting by taking the roles of the Mayor, City Councilmembers, city manager, department directors and citizens. SYAC chose the topic of a youth activity center to consider at the mock city council meeting. The Youth Park Board will also play a role in the meeting. In order for the SYAC members to effectively learn how a real city council meeting operates, your attendance at the meeting will be very helpful. A SYAC member will play your role and will perhaps seek your advice during the meeting. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 13, 1998 Page 13 29. Economic Development Activities. Following are some recent activities from the Economic Development staff. Feel free to contact Kate Barlow or Director Last if you have questions or would like additional information • Awards from the Dallas Business Journal. In late February, the Dallas Business Journal announced its annual real estate awards. Southlake Town Square received runner-up within Best New Development: Mixed Use, and Heritage Business Park received runner-up within Best New Development: Industrial. It is interesting that only a limited portion of Heritage Business Park is located in Southlake, but has the first built and occupied building. • Summary from The Business Press. Attached is a summary entitled "Tarrant County's most active residential communities" with Timarron ranked number three with 195 starts. Note that Timarron's lowest price range is at least $40,000 higher than any other community. • Realtors' Tour. Staff will be working with and participating in the May 8 Society of Commercial Realtors' Tour highlighting Southlake, Keller, Alliance, Grapevine, and possibly Colleyville. Planners anticipate two busloads with respective community and project staff providing narration during the tour. The event will start and end at Southlake Town Square. • Business Expansion Project. Staff is working with Standard Aero within Commerce Business Park to gather data and information for a proposal to expand their operation. Standard Aero overhauls jet engines and is competing with other Standard Aero locations to service another line of engines. �a Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 13, 1998 Page 14 • Chamber participation. The Southlake Chamber is initiating a business retention program and staff anticipates participating with business visitations to existing Chamber members. the attached nomination submitted by Cara White. Although it would not be appropriate for Nona to receive the award, the gesture is noteworthy and very complimentary of her work. I certainly echo the remarks made. 31. New SPIN Officers, The SPIN Standing Committee elected new officers at their March 12 meeting. Serving for the next year will be: Chairperson Al Morin, Vice Chair Tom Ward, and Secretary Angela George. (4hW The City Council Candidate Forum is scheduled for April 8, 7:00 p.m. at Johnson Elementary. Cara White is heading this committee and should be sending out detailed information in the next week. 32. Town Hall Planning. On Wednesday, staff met with Southlake Town Square to discuss plans for Town Hall. Space needs for the City and CISD are being finalized, and the County will be reviewing their space allocation and placement in the next few weeks. Issues involved in the development of a "downtown" area were also discussed. This is indeed an exciting time for the city, but we must have proper foresight to anticipate the needs and problems we might encounter down the road. Careful planning and establishing proper policies at this time will make Southlake Town Square an exemplary downtown. I will keep you informed as we proceed with these plans. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest March 13, 1998 Page 15 33. Tentative Vacation Plans. I am trying to work out details so that I can take a vacation May 11 through May 20 (+/-). If I can work out arrangements I plan to visit in Toyoma. I will let you know as soon as I can finalize arrangements. Barlow, Kate, Economic Development Specialist, 776 Carpenter, Chris, Planner, ext. 866 Gandy, Karen, Zoning Administrator, ext. 743 Harper, Ron, City Engineer, ext. 779 Hawk, Curtis E. , ext. 701 Heath, Lou Ann, Director of Finance, ext. 716 Hugman, Kevin, Community Services Manager, ext. 710 Imm, Darcey, Assistant to the City Manager, ext. 759 LeGrand, Sandra, City Secretary, ext. 704 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Community Development Director, ext. 750 Wilson, Garland, Deputy Director Fire Services, ext. 735 Yelverton, Shana, Assistant City Manager, ext. 705 IR r J CARROLL MIDDLE SCHOOL MAR 1 019% Mr. Curtis Hawk City Manager of Southlake 1725 E. Southlake Bouvelard Southlake, Texas 76092 Dear Mr. Hawk; Achieving Excellence In Texas Robin Ryan Principal Kimbroly Pool ,Assistant Principal Jerry Hollingsworth March 8" 1998 Assistant Principal I would like to express our appreciation for your presentation on Wednesday, February 18th at the 1998 Carroll Middle School Career Expo. Your talk was well received and had a positive influence on both staff and students at our school. Middle school students are exploring various careers and your presentation exposed students to future employment opportunities in an established field. It is likely that ideas which you shared with students on this day will influence their future academic and vocational plans. Thanks for taking time from your busy schedule to make a difference in the lives of our students. Sincerely; z- S`��'5 � llol E. uo�e Robert Brown Kay Tergeson Southlake, Terns -61Y1' 817-481-3 l 83 Fax 817-488-8200 F 4m A ,a I- 2 City of Southlake,Texas MEMORANDUM February 25, 1998 To: Billy Campbell, Director, DPS I From: Garland Wilson, Deputy Director, Fire Service I Subject: Insurance Service Organization rating I In September of 1996 we began the process of acquiring a new public classification with Insurance Service Organization(ISO). The new rating request is necessary because of the implementation of the ISO rating system in Texas. This system is not new, and it has been used in most states for the last forty years. Texas being one of the last states to adopt the ISO ! classification system will experience a gradual change in rates over the next three years. I talked with James Manry (field representative for ISO) and he expressed to me that we achieved a public classification rating of four. The rating is the preliminary result and will go through a local review, a state review and then to New York for final review and publication. This process will take four to six months to complete. The results should be published in July and a copy of the new classification rating will be mailed to all insurance companies. The following percentages reflect scoring by division as Mr. Manry reported the results to me. Water 30.38 points of a possible 40 points Fire 28.63 points of a possible 50 points Communications 8.5 points of a possible 10 points The total score is 67.57 points out of a possible 100 points. The divisional points do not add up to the total score because of a diversion factor used by ISO. We will receive a copy of the grading work sheet after the reviews are completed. I have attached a copy of the work sheet for 1986. If you look at the difference in total points from 1986 to 1996, we improved from 37.13 to 67.57 representing an 82 percent improvement on our ability to limit a fire to the structure of origin. i Fire Chiefs and administrators on occasion misinterpret the intent and purpose of the public classification assigned by ISO. The intent of the classification is to provide insurance companies with a tool allowing equal and comparative premiums for insurance. It does not and is not intended to determine a fire service's ability to fight fire. i GW/gw cities- 'I, ..tea : Fort Worth. uSIanRoad Farm Road 1709 is becomin congested, city officials said From Page 1 terday. About 32,000 motorist°s*; toextend use it each day—about the of the pressure up in that part of traffic count as Denton Hi the Metroplex that is really start- way/U.S. 377 — many of th ing to feel some heat," Tarrant to get to Texas 114, Denton;_ County Commissioner Glen Highway or other southbound m roa Whitley said. routes,they said. far �; The project would cost an "We're already seeing bac ' estimated $8.2 million. Officials ups on 1709, and if we don't d North-south 1938 artery ', from the three cities said they something, it's going to ge want to take the proposal to the worse," Southlake City Manag touted to ease congestion. Texas Transportation Commis- Curtis Hawk said. "We'd like t sion in June.-If the three-member `` board signs off on the project, it see it done sooner than later." By DAvE NELSON would be slated for funding in All three cities involved, Star-Telegram staff writer ,e to shop draws residents of 2002. which officials said would likely When work or an uro P Farm Road 1938, also known pick up a small share of the cost: Northeast Tarrant County insulated northern edge into the grinding traffic mix along Loop 820 andAir-. + as Davis Boulevard, extends in expanding Farm Road 1938, (4�loices reeway, they look for the path of least resist. from Northeast Loop 820 in support the plan. But some con- _ r get there. North Richland Hills north to cerns were voiced by official etare , , , textensionFarm Road 1709, where it from Westlake, which.requirI .� becomes a dead end. all roads to have curves. R. slim at best, and Tmphl- r with more and Club wo The proposed 3.6-mile exten- ,"We don't want a racetra ,� more residents 114 Sion project would make the road through the center of town," sai buying houses in Q M.r contiguous and feed traffic onto Dave Brown, chairman of the i quiet cities such Precinct Line Road in North Westlake First Committee, who' as Keller and �. Richland Hills, where state crews stood in at the meeting for Scott Southlake, the are expected to complete a Bradley, who is fighting in court :_ bottlenecks are 11 widening project this year to to remain the town's mayor. moving-closer to t t-' make that road a six-lane thor- - home. Proposed road oughfare with a turn lane all the To keep traffic slow,Westlakg{'. West'..: extension in y Airport y does not allow linear roads. In an attempt take Northeast Tarrant way south to rt Freeway. to open more County. City officials said the Farm Transportation officials said they lanes for south- Road 1938 extension would give would work with the town to bound motorists, 1938 `* -SoariittaRet ;motorists more southbound make sure the extension con- - , 'i officials in 1709 � options and could help relieve forms to Westlake's master plan: Keller, Southlake 8 Southlal� congestion for those traveling to Transportation officials also 4w and Westlake are and from Texas Motor Speedway the speed limit on the road would= pressing for state Star-Telegram!hMBEDtsoN off Interstate 35W in far north be 45 mph. money to turn that can Farm Road 1938 into a north-south artery relieve Texas 114 and prevent southbound motorists' from causing traffic jams on Farm Road 1709. City officials envision a four-lane thoroughfare with a median that will extend from Texas 114 south through Westlake, Southlake and Keller and into wth Richland Hills, they said yesterday at a meet- g with Texas Department of Transportation offs cials in Fort Worth. "I think this is a good opportunity to relieve some (More on ROAD on Page 4) ,ra• MOE12 THBB]SDMSSPRESS~t WEEK OFFEFIRVARY27,i"1, +''•,ra<s. !: :itt�'. <'!.s..•�o w at Tarrant Countys most active residential'communities AwNwymainfo.@/Am&im 1"7 Farr IW?-M 6gLL go to«.r Akimmo rem Ntarla A NeNler.r titer S Coi 9 1i zz Nat Constantly r1eA6 ' :�.i r., =rid r••. '� a�;.,a. .RntoM "aFawr+.arr. U.M'" ii!'• `tcA jfk,.MEF 2. Seraerflefds 3a Fort Wwd Chdc.,Owerar•,Cel.nwk Feb am WR SSS,0 11140.000 PW e • _7�., OwYMIuiIEn(=NwryatpAss llNbGwMrrwNGrad, . . �($. Tlaora. gy `a 19s r srMlr. w il►Fwd w slyer Nrwra►►ors FlaiL.re o.n Grrr D.r p ppp fr0a000 YAWYO � s t" ,• r• -`�EINtl�r.hrlekUtt Iu1.fMtrEr�A�i�SWM,}lntnif •?s':;=� ' 4. NWdes terns I" Keller Dad.Nrc.aN.Sow•lOh,D.R Herd,rt.hiew as HunMwtmt $160,0004300.0w Youfft, S. Fd,eN 1eer1' ill k'1 HabinD]q" Cwuri.DAHrtrml�c7tifWsrrf7.hr fp.00041SN000 NaINs r -. . I M ah t.f rX-)ir. s.ca 6. selling herd, 103 A WG— Chou f76.000-111108•000 NOINo 7. N11WW:,,Slit MN 7S D.R.HonmhMashGriaai WA004143,000 Nww - 8. Idea Gardens 91 ArNrhgtorh Chou f80.000497.000 NO/No 9. Fdrtlq fge.de.e 90 a.tD: r Hilary F4Yrr.Gelhrn ,, saf ggo f13saoo F3dNs 9. Mark•Gal=a 70 T Cowty Chak••McGagh, f61.000-f101000 NOW 11. Nei..%W We6es 8 3 FartwMlt - DOWV%DldepIMF - -f133.0"16.000 YSNNe 12. at,.bank 79 Fort Worth In"m Dh.nlap.Casa Undo,Coknwl.ware S.W.Aston f119.0004137.000 NUN. 12. waster.■esbws(warn » Fonwadh Fonsm A6 k"ark n,Choke f76.000-11131,000 N./N. . NwW McCowadrktom Garvey.Nary S-W Dress.KWwv,It Sinop14. Sinopcm 74 uaph7 a b Nam Tea,Cara Mresdah,dbW wM,white Castle.MMchmn f 12N•000-PM.000 rand, 15. Fd,sa Springs 62 Mallom Cw/ Nero.Gahm SI1N.000.$143.000 No/No 15. salad Gat yeah 6t Mansfield Don Snoth,WEant.Amon.Hunter.McDaNd.Fhrt Timue f70,WD-f260.00d NoNo r - 17. aadd, Spring 67 ;, Fort Vim it Choke f70.00"135.000 NQR40 18. Nader's Troll Was 19W[skies lost) 63 Aringtes Legacy.Ka*nan i Broad.Avla.n,Dotson M0004161000 NQR4o 19. Nlgtlal Tree 63 Arlington H1AMr d -. f107A004160.000 Nettie 20. Fast idea 60 Fort worth Marquis,F.M..ML Henna flol0o0•f149.000 NANO 21. hale Far s, D.K.Horton.David We"flans f140.000-f190,000 YOWNO 22. NINs•f Nwuw bland, Se MansOeid David weekley $120,00041,19.000 No/No 22. Stara NA*w so Fan Worth Ryland $11 I,000-f1$0.000 Na/No 24. Nano Md,dd,rs S6 Fat worth Stare Hawkkm Cuu.m Concept.Choke.Cana $74.000•f 132.000 NO/No 25. N.der paid* 54 Art Von .d Davidwbside%cowM(,h f130.0004164.000 Yw/N. NOTM'—Otw binds.dry she boat In dwae crwr-ft- ..orar Anrar—M.MS.ar Core• '—Far let and hers Owee cha:vine E..owe —Moro 1.in pares anode myna and mmwAay aMM1. L NEWS CLIPPING Source: Dallas Business Journal DATE: February 27-March 5. 1998 BE8Y_NEW_DEVELOPMENT__ MIXED USE Sou' thlake Town Square Northeast Tarrant County suburb gets new downtown' SOUTHL.AKE—A former meadow is serving as County suburb. the new downtown area for the Southlake com- Construction on the first phase of the project, munity. which consists of 400,000 square feet of retail and The developer in charge of office space,began in the fall of 1997. the project, Cooper & Steb- The town square is expected to cover more bins, is building a major retail and office com- than 2.5 million square feet and 180 acres when plex in hopes of providing a central place for completed.Architects on the project are David retail and dining services in the affluent town of Schwartz Architectural Services Inc.and Urban Southlake.The development will include a city Architecture. United Commercial Realty is in hall,movie theater,grocery store and post office. charge of retail leasing. Located west of the Dallas/Fort Worth Inter- UCR has secured leases already from such national Airport on Southlake Boulevard, retail outlets as The Gap, Harold's, Victoria's Southlake Town Square will be constructed as a Secret,Bath&Body Works,Corner Bakery,Mi "new downtown" for the Northeast Tarrant Cocina Restaurant,Starbucks and Talbots. k Y Several bi*name retailers have been secured for Southlake Town Square. y r, NEWS CLIPPING Source: Dcillas Business Journal I DATE: February 27-March 5, 1998 BEST NEW DEVELOPMENT _ INDUSTRIAL er a usss ak' is firstlindustrial lousiness parK4 Southlak k a sotmit:AltE 541. Bttstness Park the enure pmlect compl is the fiist tnd r pack to be e toreacl►2 million xx dev � " to the To date,fi"CoinpUS A, S Southlake grid ' Producta and Btndley`W vtrieinarkets�"��said�tries Inc have��ea.�ed SU9b'Qf . . Pat Perot, vice president ofFnd>s able space iu Pftase F from o; trial Development for the T tatnmell Grow ItttustiiaPmpecties. Crow Co x : x x � Otheeattes�sch as ' Trammell Crow tpent 335 mdl=.* , emptrol. i� vgUcs the land and Phase I ofthe dGyel"c�pmeat`��power frt�M M Which.inctudes:�tluee-ponpleted bind- 'proxtmity to a hued inns totaling 567 000 square feet.Oricx Worth Intemattonai Airport"pro , BAN /M i of COfllp(jSA ertl0llg the il`1At t�at Ffiidtage.t3lainesa Pack. an addtUonalconvetueEtce��o�>Y f�otpara � 4SQ,E?d0.,'square~: feet� n P '" lions deetde to eve ta1'Ient, expected.;tq begtnan Jeu�e An unusual feature of the �►elop- AlthQtgh Perm thdt t want went ts.that'ffie ark is located on a in,. arit to ate estunafe about hc�w : so the huilduegs are at':dif#rerent eleva-`. development would caccur as a: .. lions. This provides an interesting the project, fie did.saythat "Z topography,Perot said: square feet of_develogment is gom Construction on an additional bring some jobs to the area." ` February 16, 1998 I am nominating Nona Whitehead as Volunteer of The Year because: Although Nona is also employed by The City of Southlake, prior to that she was very involved in a lot of activities in Southlake. She and her husband, Bob, have resided in Southlake for a number of years, long before she started volunteering her time to help out with the city and then was offered a full-time position. Nona is the true "S .P. I .N. Queen" , because of her love and dedication for the group, we have a group of neigborhood volunteers that are enthusiastic and enjoy making this program work. Nona spends endless hours getting things that our group needs, and unknown amounts of personal time worrying and keeping us organized and "on track" . Not only is she involved in the unending task of keeping up with our group, but she is also involved in The Senior Citizens Group of Southlake. I know that this group is even more near and dear to her heart than ours . Nona has been very involved in the start-up and organization of the Seniors Group. She loves all of these people and wants them to feel `hat they have just as important a place in Southlake, as the rest do. a time when it is so easyto become involved e n olved in our own personal lives that we forget to take time for the elderly; thank heavens there are pople like Nona. She unselflishly dedicates her own personal time to making Southlake a better place not only for the elderly, but the somewhat younger like myself . I am proud to be associated with Nona and ever so thankful that we have her as part of the S .P. I .N. organization. I know that the Seniors appreciate her very, very much as well . Even if Nona does not get chosen as Volunteer of The Year for 1997, I want her to know that there are a uncountable number of people in this City that appreciate her more than they can possibly express . The City of Southlake is lucky to have someone so giving. White 1 a O to NON N N in (V 0 qw Qo (44 0 N N dUU g0 CQ Q 0' il N ac ~ N MIcutL w 00 fl4 m a .y N N a rl O G Q A oow N � u W3 a =' Qv EEL QaQa.e g c �j gUAg ®gU8 $ UU o U a y b E ¢ Q M � o LU tw g 3vt ; 0 c cn 10 U ^r U N O M i� U � `Q U �'.d�:� 144�- 'nil (D 2ve t:,4 4 A q'11' SPIN city manager's report �r March 13 1998 SPIN elects new City Council Meeting " Lrgo- The Executive Committee March 17, 1998 following items will be addressed at the regular Members City Council meeting on March 17, 1998 Al Morin was elected to serve Consent Agenda: as Chairperson for the SPIN A) Permission to advertise for bids for street improvements to Burney Lane B) Authorize placement of a log cabin at Bicentennial Park. Executive Committee. Mr. C) Change Order #1 to contract with Ratliff Iron Works, to add gates for the Morin has lived in Southlake fence at Bob Jones Park for 7 years. He has served on D) Award of bid to Landmark Structures Inc. for the Miron Water Tower the City Hall Planning E) INTENTIONALLY LEFT BLANK Committee and as SPIN F) Ord. 701 Abandoning right-of-way at Pine Court Representative for G) Res. 98-22 Abandoning a utility easement in Timarron, Northwood Park Neighborhood #10 for two In Res. 98-23 Abandoning a utility easement in the Hills of Monticello years. Mr. Morin is employed n Authorize the Mayor to reinstate and extend the exchange contract by the Boy Scouts of America between the City of Southlake and Crossroads Square, Ltd. as Director of the International J) Ord. 480-267 Rezoning and Concept Plan for Hilltop Country Plaza REQUEST TO TABLE livision. K) Village Center East Circulation Study REQUEST TO TABLE %4W L) Ord. 699 Approving a cross connection control policy REQUEST TO Tom Ward was elected as Vice TABLE Chair. Mr. Ward has been a Nn Authroizing an Idemnification Agreement with Trinity River Authority Southlake resident for 15 years for the Denton Creek Wastewater Interceptor Pressure System Tom has served as SPIN #6 Representative for the last Regular Agenda year. Mr. Ward is employed A) Public Forum as a Senior Account Executive B) U.S. Federal Protective Service Presentation for K-9 Assistance C) Tree Farm Update Presentation for Alcatel Network System. Ordinances second readings public hearings, and related items: Angela George, SPIN A) Ord. 480-271 Rezoning (SF1-A) for 1425 N. Peytonville (#11) Representative #1 was elected B) Ord. 698 Calling for a Special Election for May 2, 1998 to amend the to the Secretary position. Mrs. Home Rule Charter George has been active in development issues Ordinances, first readings, and related items: surrounding Bob Jones Park. A) Ord. 480-272 Rezoning (0-1) and Site Plan for Health Partners Medical Mrs. George is employed as an Group at the east side of Davis Blvd, approx. 500' south of F.M. 1709 (#16) International Flight Attendant. Resolutions: SPIN wishes to express their A) Res. 98-21 Appointment to the Senior Advisory Commission to fill *hanks to David Baltimore for unexpired terms .is service as Chairperson for Other Items for discussion: the last two years. A) Corridor Study Urban Design Enhancements Development Activity Did You Know'? Upcoming The following information is from a working staff document. To confirm *The Southlake Chamber of 4?00 Meetings call 481-5581 ext. 744 Commerce is planning its firston Planning & Zoning - March 19 annual Business Expo for Saturday, April 4. The Expo March 16, 1998 97-141 Concept Plan will be held at Crossroads Park Development Corp. Kimball/1709 Addition (#7) Square located at the Northwest 6:00 p.m. Council Chamber 97-142 Plat Revision, corner of White Chapel Blvd. Historical Society Kimball/1709 Addition (#7) and F.M. 1709. Contact the 7:00 p.m. Lodge 98-015 SpecificChamber for more information. Use Permit for Royal Smith will present a 481-8200. outside storage at Albertsons program on Hard Shell Baptists (#13-#15-#16) 98-016 Specific Use Permit for The Tax Increment March 17, 1998 sale of alcohol at 621 E. Reinvestment Zone (TIRZ) City Council Southlake Blvd. (#9E-9V� became effective January 1, 7:00 p.m. Council Chamber 98-017 Site Plan, Georgetown 1998. Park, Ph IV (#7) March 18, 1998 98-018 P Park, Final Plat, Georgetown *General Fund City Sales Tax Youth Action Committee Park (#7) Revenue for first quarter 7:00 p.m. Community Center Consider: Impervious FY98: $594,699. Coverage (table to 4/9) March 19, 1998 40130 Consider: Residential new Southlake business Planning & Zoning Adjacency Standards (table to opened in 1997. 7:00 p.m. Council Chamber 4/9) 07,400 persons are! employed City Council- April 7 in Southlake. 97-157 Zoning/Concept Plan, C Traffic Signal Hilltop country Plaza (#7) �! Lights Update 98-014 Zoning/Site Plan, Senior 'News p .news Health Partners Medical (#16) = and Needs The City is in the process of contracting with an engineering Planning & Zoning - April 9 NEWS. company for an engineering Volunteers are needed for work study on how to handle the 97-171 Zoning/Site Plan, Oak Knolls Lakeview Add. (#7) at the Center for the: next three increased traffic on Southlake weekends. In order to 0 Boulevard. The study will 98-006 Zoning/Site Plan, pen in determine if shoulders should Creekside Office (#9E) May, many hands are needed now. Call Shelli 481-5581 ext. be designated as traffic lanes 806 for details. from Davis Boulevard east, and Consider: Impervious if a computerized traffic signal Coverage (tabled from 3/19) system is justified. The Consider: Residential NEEDS: The new Senior computerized system would Adjacency Standards (tabled Adult Activity center needs allow traffic to flow based from 3/19) additional donations toward a upon volume. The present portable sound system. Call ..►° signals are timed. Nona Whitehead 481-5581 ext. 834. GENERAL FUND Statement of Revenues, Expenditures and Changes in Fund Balance for the period ended February 28, 1998 with comparative actual amounts for the period ended February 28, 1997 (fiscal month 5-41.67%) Adopted Percent Actual Percent Mon Year to Date 1997/98 Collected/ Year to Date Total Collected/ REVENUES 1997/98 Budget 2/28/97 9/30/97 Exl&nded Ad Valorem Taxes $877,572 $3,563,568 $4,036,234 88.3% $3,152,444 $3,464,260 91.0% Sales Tax 266,437 861,136 2,717,500 31.7% 611,216 1,930,016 31.7% Franchise Fees 19,053 580,795 801,030 72.5% 659,385 899,600 73.3% Fines 45,651 248,376 515,300 48.2% 166,597 526,967 31.6% Charges for Services 29,024 152,604 551,550 27.7% 88,577 337,886 26.2% Permits/Fees 231,070 944,333 2,264,710 41.7% 840,223 2,549,285 33.0% Miscellaneous 11,858 37,053 113,975 32.5% 17,114 172,956 9.9% Interest Income 26.756 54.773 155.000 35.3% 75,632 1$5.60 40.7% Total Revenues $1,507,421 $6,442,638 $11,155,299 57.8% $5,611,188 $10,066,600 55.7% EXPENDITURES City Secretary $15,414 $85,474 $241,365 35.4% $105,405 $242,576 43.5% Human Resources 12,850 80,121 172,288 46.5% 45,118 144,948 0.0% City Manager 22,965 130,150 362,173 35.9% 182,100 499,981 36.4% Support Services 115,254 619,432 1,211,717 51.1% 512,885 1,346,068 38.1% Community Services 23.441 145,703 368,934 39.5% Q Q 0.0% subtotal-General Govt.Dept. 189,484 1,060,880 2,356,477 45.0% 845,50$ 2,233,573 37.9% Finance 30,203 162,750 420,717 38.7% 178,014 418,018 42.6% Municipal Court 20,185 103,749 282,869 36.7% 87,062 253,010 34.4% Municipal Court-Teen Court 3.476 21.052 55,936 37.6% 16.870 48.328 34.9% subtotal-Finance Dept. 53.864 28 .551 759,522 37.9% 281,946 719,356 39.2% Fire 133,111 697,783 1,569,067 44.5% 450,311 1,460,111 30.8% Police 204,824 1,097,897 2,681,325 40.9% 927,657 2,242,915 41.4% '-)lic Safety Support 65,150 379,151 1.010.948 37.5% 398,454 1,002.714 39.7% IL total-Public Safety Dept. 403,085 2,174,831 5,261,340 41.3% 1,776,422 4,705,740 37.8% '"Wilding 58,934 209,234 605,723 34.5% 203,911 474,511 43.0% Streets/Drainage 60,189 289,028 927,057 31.2% 264,411 941,843 28.1% Public Works Administration 51.858 312,195 873,719 35.7% 258,620 650,360 39.8% subtotal-Public Works Dept. 170,981 810,457 2,406,499 33.7% 726,942 2,066,714 35.2% Parks and Recreation Dept. 68.324 390,474 1,318,066 29.6% 320•808 1,013,014 31.7% Community Development 35,804 180,785 573,514 31.5% 198,115 463,551 42.7% Economic Development 5.51Q 36,689 116,975 31.4% 27,178 90.319 30.1% subtotal-Community Development 41,314 217,474 690,489 31.5% 225,293 553.$70 40.7% Total Expenditures $927,052 $4.941.667 $12.792.393 38.6% $4,176,919 $11.292,267 37.0% Excess(deficiency)of Revenue over Expenditures $580,369 $1,500,971 ($1,637,094) $1,434,269 ($1,225,667) OTHER FINANCING SOURCES AND(USES) Proceeds from C.O. Sale(net) $0 $0 $715,547 $5,000 $842,183 Transfer In-Other Funds 58,333 295,363 700.444 Q 633,000 Total Other Sources/(Uses) $58,333 $295,363 $1,415,547 $5,000 $1,475,183 Excess(deficiency)of Revenues/other sources over Exp. $638,702 $1,796,334 ($221,547) $1,439,269 $249.516 FUND BALANCE OCT 1 $2,603,169 $2,603,169 $2,353,653 $2,353,653 Change in reserved fund balance $0 $0 $0 $0 ENDING FUND BALANCE $4,399,503 $2.381.622 $3,792,922 $2.603.169 fund balance percentage 18.6% 23.1% WATER AND SEWER ENTERPRISE FUND Comparative Statement of Revenues and Expenses for the period ended February 28, 1998 and February 28, 1997 (fiscal month S-41.67%) Adopted Percen Actual Percent Month Year to Date 1997/98 Collected/ Year to Date Total Collected/ REVENUES 1997/98 Bud= 2/28/97 9/30/97 Ex�dd Water Sales-residential $232,663 $1,694,860 $4,887,500 34.7% $1,352,664 $4,425,797 30.6% Water Sales-commercial 45,376 306,226 701,500 43.7% 230,949 657,807 35.1% Sewer Sales 67,157 384,354 920,000 41.8% 316,134 811,624 39.0% Sanitation Sales 57,886 255,582 534,000 47.9% 213,373 508,224 42.0% Other utility charges 28,414 156,428 359,000 43.6% 150,732 409,950 36.8% Miscellaneous 2,313 16,673 91,600 18.2% 29,084 84,698 34.3% Interest Income 2JA2 27.940 77.000 36.3% 39.157 77.196 50.7% Total Revenues $443,352 $2,842,063 $7,570,600 37.5% $2,332,093 $6,975,296 33.4% EXPENSES Water $136,125 $1,098,949 $4,426,137 24.8% $1,163,837 $3,971,926 29.3% Sewer 45,266 276,168 795,475 34.7% 318,173 727,546 43.7% Sanitation 40,635 159,743 500,000 31.9% 143,225 445,205 32.2% Debt Service- Revenue Bonds 295,337 958,979 2,062,490 46.5% 815.193 1,817,529 44.9% Total Expenses $517,363 $2,493,839 $7,784,102 32.0% $2,440,428 $6,962,206 35.1% Excess(deficiency)of Revenue over Expenses 7 $348.224 (S213.5021 ($108,335) $13,090 OTHER FINANCING SOURCES AND(USES) Transfer In-Other Funds $69,512 $347,560 $834,145 $290,904 $698,170 msfer Out-Other Funds (294,667) (700,000) 4 (633,000) al Other Sources/(Uses) $11,179 $52,893 $134,145 $290,904 $65,170 Excess(deficiency)of Revenues and other sources over Expenses $401,117 7 7 $182,569 $78,260 �pa­ CITY OF SOUTHLAKE HISTORICAL SALES TAX REVENUES 1997-98 collected budget balance budget to date balance Dercef+s $2,715,000 $1,030,050 $1,684,950 62,06% FISCAL FISCAL FISCAL FISCAL FISCAL YEAR %Inc YEAR %Inc YEAR %Inc YEAR %Inc YEAR %Inc MONTH 93/94 -Dec 94/95 -Dec 95/96 -Dec 96-97 -Dec 97-98 -Dec October $99,408 95.1% $89,951 -9.5% $128,689 43.1% $161,892 25.8% $237,164 46.5% November 50,623 20.2% 52,099 2.9% 111.917 114.8% 135,367 21.0% 193,664 43.1% December 70,155 107.3% 67,243 -4.2% 103,975 54.6% 115,084 10.7% 163,871 42.4% January 106,541 57.3% 95,687 -10.2% 140,362 46.7% 198,873 41.7% 266,437 34.0% February 57,839 47.0% 68,015 17.6% 95,269 40.1% 125,671 31.9% 168,914 34.4% March 59,378 34.4% 56,600 -4.7% 103,163 82.3% 104,733 1.5% 0 -100.0% April 87,438 27.3% 88,212 0.9% 137,030 55.3% 182,384 33.1% 0 -100.0% May 58,291 6.7% 81,109 39.1% 109,371 34.8% 152,577 39.5% 0 -100.0% 'first month of 1/2 cent sales tax June 59,577 14.5% 83,253 39.7% 112,317 34.9% 171,813 53.0% 0 -100.0% July 94,157 16.9% 135.187 43.6% 179,803 33.0% 223,854 24.5% 0 -100.0% August 58,980 22.1% 109,584 85.8% 132,367 20.8% 184,851 39.7% 0 -100.0% Member 75,228 38.3% 106,563 41.7% 122,445 14.9% 173,917 42.0% 0 -100.0% 11. $877 615 37.8% $1 033 502 17.8% $1 476 708 42.9% $1 931 017 30.8% $1 030 050 39.8% SOUTHLAKE PARKS DEVELOPMENT CORPORATION 1997-98 collected budget balance budget to date balance percen $1,357,500 $515,025 8$ 42,475 62.06% FISCAL FISCAL FISCAL FISCAL FISCAL YEAR %Inc YEAR %Inc YEAR %Inc YEAR %Inc YEAR %Inc MONTH 93194 -Dec 94/95 -Dec 95/96 -Dec 96-97 -Dec 97-98 -Dec October $0 Na $44,975 Na $64,344 43.1% $80,946 25.8% $118,582 46.5% November 0 Na 26,049 Na 55,958 114.8% 67,684 21.0% 96,832 43.1% December 0 Na 33,622 n/a 51,987 54.6% 57,542 10.7% 81,935 42.4% January 0 Na 47.843 n/a 70,181 46.7% 99,437 41.7% 133,219 34.0% February 0 Na 34.007 n/a 47.635 40.1% 62,836 31.9% 84,457 34.4% March 0 Na 28,300 n/a 51,581 82.3% 52,366 1.5% 0 -100.0% April 0 Na 44,106 n/a 68,515 55.3% 91,192 33.1% 0 -100.0% May 29,145 n/a 40,554 39.1% 54,686 34.8% 76,289 39.5% 0 -100.0% June 29,788 Na 41,627 39.7% 56,159 34.9% 85,906 53.0% 0 -100.0% July 47,079 n/a 67,593 43.6% 89,901 33.0% 111,927 24.5% 0 -100.0% 'St 29,490 Na 54,792 85.8% 66,184 20.8% 92,426 39.7% 0 -100.0% 37.614 Na 5 .282 417%�apte�mber $173 116 Na $516 751 198.5°h $738 354 42.9% $985 508 30.8% $515 025 39.8% L 3113198 SLSTX98.XLS CITY OF ST Sales Texx Analysis FY1997-98 Actual Budget Actual Estimated (budget-est.) % Month 1995-97 1997-94 1997-98 1997-98 Dance Ghana October 161,892 211,176 237,164 237,164 25,988 12.31% November 135,367 180,672 193,664 193,664 12,992 7.19% December 115.084 157,347 163,871 183,871 6.524 4.15% January 198,873 253,704 266,437 266,437 12,733 5.02% February 125,671 169,522 168.914 168,914 (608) -0.36% March 104,733 145,443 0 145,443 0 0.00% April 182,384 234,742 0 234.742 0 0.00% May 152,577 200,464 0 200,464 0 0.00% June 171,813 222,585 0 222,585 0 0.00% July 223,854 282,432 0 282,432 0 0.00% August 184,851 333,186 0 333,186 0 0.00% September 173,917 323,729 Q 323,729 Q 0.00% 1,931,016 2,715,000 1,030,050 2,772,630 57,630 2.12% 40.60% 43.58% Southlake Parks Development Corporation 1/2 cent sales tax Actual Budget Actual Estimated (budget-est.) % 1996-97 99 -98 1997-98 1997-98 Difference Chance October 80,946 105,588 118,582 118,582 12,994 12.31% November 67,684 90,336 96,832 96,832 6,496 7.19% December 57,542 78,673 81,935 81,935 3,262 4.15% January 99,437 126,852 133,219 133,219 6,367 5.02% Mary 62,836 84,761 84,457 84,457 (304) -0.36% 91,192 17,371 0 17,371 0 0.00% 91,192 117,371 0 117,371 0 0.00% 76,289 100,232 0 100,232 0 0.00% June 85,907 111,292 0 111,292 0 0.00% July 111,927 141,216 0 141,216 0 0.00% August 92,426 166,593 0 166,593 0 0.00% September 86,959 161,864 0 161,864 0 0.00% 965,508 1,357,500 515,025 1,386,315 28,815 2.12% 40.60% 43.58% �/ 3/13198 SLSTX98.XLS City of Southlake,Texas MEMORANDUM March 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Permission to advertise for bids for street improvements to Burney Lane The design and engineering for the proposed reconstruction of a portion of Burney Lane is complete. This project includes the portion of Burney Lane from the cul-de-sac to approximately 1250 feet westward. i This project is funded in the 1996-97 CIP budget. The estimated cost of the proposed project is $56,000. RECOMMENDATION Staff recommends Council authorize advertisement for bids for street improvements to Burney Lane from the cul-de-sac to approximately 1250 feet westward. Please place this item on the March 17, 1998 Regular City Council Agenda for City Council review and consideration. B W/cre Attachments: Site Map i SA-1 ` City of Southlake,Texas MEMORANDUM March 12, 1998 I i TO: Curtis E. Hawk, City Manager FROM: Kim Lenoir, Director of Parks and Recreation I SUBJECT: Authorize placement of log cabin at Bicentennial Park I On Monday, March 9 the Parks and Recreation Board considered a request from the Southlake Historical Society to place the log cabin that they dismantled in Bicentennial Park. The requested location is north of the pine trees, east of the KSB waterscape and west of North White Chapel Road. The exact location needs to be approved by park staff to avoid utilities and to consider long term maintenance issues. i Technically, the site they have proposed is not officially part of the city park system. The city purchased this land for future city facilities. The Park Board recommended City Council consider permitting the Southlake Historical Society to place the log cabin as requested. The Historical Society has indicated that they will move and reconstruct the structure. The Park Board also recommended that this site (Bicentennial Park) not be considered a Historical Village. The Park Board is considering Bob Jones Park and/or Smith Park as possible historical village-type parks. The Southlake Historical Society will be invited to the City Council work session to answer any questions. Attached is the letter and some information presented to the Park Board for your review. Please add an item to the City Council agenda to authorize placement of log cabin at Bicentennial Park. Please let me know if you have any questions. KL 1:boards/cc/logcabin.doc 4 March 1998 To Parks & Recreation Board Members: Enclosed is a copy of a letter written to the Board on 11 January 1997. The concerns are as current today as they were a year ago. The only change is that the Southlake Historical Society is a year older and we have dismantled the old log cabin. The logs are stored on land belonging to one of our members. Recently, we have been engaged in the disassembling of the old barn on the Peterak property. There was a log structure encased in the walls of the granary or feed storage area of the barn. Through Brian Stebbins efforts, the logs were given to the Southlake Historical Society. They are hand hewn, tongue in grove logs dating back to the 1800s. These logs are presently being stored under the water tank at Bicentennial Park. The original log cabin has some logs that need replacement. The idea is to use the logs from the Peterak barn to supplement those we already have. In all fairness to the board, we withdrew our request in January of 1997 in favor of the request for an area large enough to house a Heritage Park. I believe at this time we should request again an area large enough to house the log cabin with perhaps room for a corn crib, provided there are enough logs. Again, the area under the tall pine trees next to the waterscape would be ideal. It is my understanding that Keep Southlake Beautiful is planning to plant prairie grass on the slope. What better place to have the log cabin? It would be close to its origins. An area where early settlement did take place. An area that could be more secure than in other parks in Southlake. We will not give up our dreams of a Heritage Park until all the old structures fall under the shovel of the bulldozer or the strike of a match. However, we realize that it will take much more effort than just a few voices in a barrel to save what is left of"old Southlake." We would appreciate your decision in this matter. When we receive permission to rebuild the old cabin, we will do so in a manner that will make the city and its citizens proud of its heritage. Sincerely yo , Aloha Payne, President Southlake Historical Society ,5a -a - a,�1 .{ �;� `f I. its,t '`• m 4, . rr W. �(�''� r •w .� f.•�JJ�<arY_\t�_)t '�.Tr.,l �.,1•Y�`'', .� '�.�1.. fL--�f(+_ ✓.ti._�. -• � ��� �-•r1.I�'�n,�.:.,,its - t1.'• rim-l_�}} � � � �' Ir _ 4. +iir•%"�R:M•- ,may l�F M I >:ar-lelegrmn: AN V C EA Southlake Historical Society recently decided to rehabilitate this cabin,which was built about 1865 and inhabit until the 14409. i In � nas -4--..., - . O t a S a. ,a Southlake society to restore 1860s-era cabin. B1' LESLIE HUEIIOLT the 131-year-old log cabin �iarTcleuamSiaff Wntcr grumbles to the ground. SOUTHLAKE — The roof But Southlake Historical So- nd two walls have collapsed. ciety doesn't intend to let that -k .. . � . le remaining shell of the log happen. thin is decaying and full of the organization recently ales.and sheets of metal once decided to restore the cabin. a b' insulation have fallen that will involve dis Zena Rucker,left,consultant Crawford Hall,Jo.inn Roberts and isted heap. mantling it and piecing it back 'Aloha Payne, right, are making plans to restore the cabin, which i (It ,wd,matter of time before iMore on CABIN on Page 16) will involve dismantling it and piecing it back together. ' I 3 Aloha Payne 1213 Whispeckv tan. Southlaka,TX 75M Azle Bedford Benbrook Colleyville ' aftwt Crowley Dalworthington Gardens Edgecliff Village Euless Everman Forest Hill Fort Worth(around Lake porth) Haslet Hurst Kellcr Kennedale Lake Worth North Richland Hills Saginaw Southlake Watauga and unincorporated areas of Tarrant County TARRANT COUNTY HISTORIC RESOURCES L SUR- VEY Principal Findings and Resource Characteristics HISTORIC PRESERVATION COUNCIL FOR TARRANT COUNTY,TEXAS ��rT rrrrrr rr—•� ,_-.._---- .r--r--r rrrr rrrrrr rr rrr rrrrrr rrrr r�rnr rrrr�srrrrrrrr — ——— — — • L .ww ---------- 1-- — — — — — c — I i (SIN I z I = > • wrott w1L CT. L OLUE tAL I ]Uc+EY of I y0 > '• 'L I ii G 70�0 I Z _ O �•.• C•r.a 7000 w.00vt ST. .I 410 . I OI I O IPe1•ItOSE u. I tr•� I CARROtt SCHOOL 1A0 ICU] I I � I I m. l I •nitt I ® I I NJC•t ANO :t. QQ 1 �R0l0 7031 I C `4 ' 114 C SEYCT. I I I i � o I LOW MENRYCf. I A`wy I I . I New Location C rtent Location 7127 A. FOSTER RO I I O • H R0 VINE t0 1HLAKf 0 v0. . 7011 11 1/00 1. SOUR HLAKI 0LV0. ]0 U. Ic .E;1tAtE 1 w.SOU 1 ! I LILAC I I I I I RAIN]Ow I I ` I I 1 I ———————— r.—cum tlQ wmr Southlake 92 1,58 An stone chimney, are evocative of rural residences of the late 19th century. Following minimal restoration, par- _ ticularly the removal of the asphalt siding, this resource may be eligible for the National Register. �. ' • 84 W, 1045 Kimball Avenue, House, c. 1903; 1986.This L-plan ' house, with handsome curved porch, was moved across �' the street from its ori&inal location at 1045 Kimball Avenue in 1986.According to family sources, the house - - was originally designed and built by G.L. Blevins about ,r 1903. ss All— 85 " 120 E.Southlake Boulevard,Texas Conference of Advent Christian Churches Tabernacle, 1949. This pavilion, or outdoor meeting hall, was built in 1949 for the Texas Conference of Advent Christian Churches, an organiza- tion which has met yearly at this site since 1937. The ' • tabernacle is no longer used because of increased traffic noise on Southlake Boulevard (F.M. 1709) and lack of air-conditioning.The complex also includes dormitories, 4 i kitchen and dining room for the yearly July encampment. Pleasant Hill Advent Christian Church, built in 1937, is 96 on adjacent property. This structure has been demolished,but remains in the survey report for purposes of documentation. Had it remained, the property might have been eligible for the National Register. _ . �� • 86 1216 E.Southlake Boulevard,McPherson-Fechtel Farm, 1919-20; 1951. This carefully maintained farm, with Ili -�. hilltop buildings and white slat fences, is a prominent visual landmark in the Southlake area. The farmhouse $� - was built in 1919-20 by the original owner, WC. Mc- i Pherson.The Fechtel family of Dallas bought the proper- ty in 1951 and established a chicken hatchery. It is now -< -� used as a weekend retreat, and remains in the Fechtel family.The main house is a wood frame T plan structure with three dormers in the gable roof.Two smaller houses and several barns complete the complex. a. . 87 J-.r ter. -• *.. - --'..ti:.++' E. Southlake Boulevard (south side, .25 mile east of S. Carroll Avenue), Log Cabin Ruins, c. 1865. Reputedly built around 1865, this one-room log cabin was inhabited as late as the 1940s. Located in a stand of oak trees off Southlake Boulevard (F.M. 1709), it is presently without roof, door or windows. Constructed of quarter-notched, t hand hewn logs, the one-pen cabin has door openings on the nor h and south walls, and window openinggs on the i 4 east and west walls.Though in ruins, it is sign ifi cant as remnant of the earliest phase of building technology IF the American settlement of Tarrant County. 94 �� _/ City of Southlake,Texas MEMORANDUM March 10, 1998 TO: Curtis E. Hawk, City Manager FROM: Kim Lenoir, Director of Parks and Rest tion SUBJECT: Change Order #1 to add gates to contract with Ratliff Iron Works for fence at Bob Jones Park Attached is change order #1 to add construction and installation of gates on the parking lots at Bob Jones Park to the contract with Ratliff Iron Works, who is installing the fence. When bids were requested, all contractors were required to submit shop drawings and estimates—of gates as an add on project. The budget for the fencing and gates was $38,750. The cost of the fence contract($36,625) and the change order#1 ($2,100) are$25 under budget. Staff recommends approval of change order#1. This item will also need consideration of the City Council at the March 17 meeting. If you have any questions please contact Ben Henry at 481-5581, extension 848. KL L•boards/spdc/gatecol.doc CHANGE ORDER No.1 Dated: March 10, 1998 Project Bob Jones Park-Perim ter i2e Rail OWNER City ofSouthlake �. Contract For Painted Fence 4'with cable and panel Contract Date February 26. 1998 To: Radifflron Works Inc Contractor You are directed to make the changes noted below in the subject Contract: City ofSouthlake Owner By Dated , 1998 Nature of Changes: Remove Following Items From Contract: QuantAy Unit Price Total 1) None n/a n/a $ 0.00 Total Deleted = $ 0.00 Additional Work to be Constructed: Quantify Unit Price Total 1) To furnish sliding gates of like fence section across two (2) 36-foot wide parking lot drive entrances; installed with each gate, four(4) heavy duty rollers and one (1) wheel and axle at the corner 4 $ 525 $ 2,100 Total Added = $ 2,100.00 Total Amount Change Order= $ 2,100.00 Page 1 of 2 These Changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to This Change Order $ 36,625.00 Net Resulting from This Change Order $ 2,100.00 Current Contract Price Including This Change Order .: $ 38,725.00 4 NSPE-ASCE 1910-8-B(1978 Edition) Contract Time Prior to This Change calendar days Net Resulting from This Change Order 0 Current Contract Time Including This Change Order calendar days The Above Changes Are Approved: Curtis E. Hawk City Manager BY Date , 1998 The Above Changes Are Accepted: Ratliff Iron Works, Inc. Contractor BY Date 21998 Page 2 of 2 Sef" 2 City of Southlake,Texas F MEMORANDUM March 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Award of bid to Landmark Structures, Inc. for the construction of the Miron Water Tower BACKGROUND Bids for the proposed Miron Water Tower have been opened and reviewed. Low bidder for this project is Landmark Structures of Ft. Worth for a total base bid of $1,445,000. Advertisements were published on February 15 and February 22, 1998. Bids were publicly opened and read aloud on March 6, 1998. The base bid amount includes the structure and a painting scheme similar to that of the existing water towers for $1,445,000.00. Alternate 1-A includes a second floor for storage purposes and increases the cost $40,000 for a total of $1,485,000. The deductive alternate provides the cost of painting the steel surfaces of the structure blue. This will not change either total, as both painting options are $185,000. A SPIN #8 meeting was held to obtain input from individuals living near the proposed tank site. Different paint schemes have been discussed and Arthur Weinman, the architect that designed the ground storage water tank, will be hired to design several different painting options. When these designs are complete a second SPIN #8 meeting will be held to review and develop a consensus among the neighborhoods on an appropriate paint scheme. As the painting is the last item to be completed there is time to develop the paint scheme. BID TABULATION Attached is the bid tabulation prepared by Cheatham and Associates. Item No. 3-D denotes a bid error by the contractor. The low bidder presented the total price for the painting instead of a deduct for a one-color paint scheme. Therefore, item 3-13 should be $0.00 instead of the $185,000. Mr. Cheatham's bid tabulation reflects this correction. 5D-1 FUNDINGNISCAL EWPACT The CIP Budget provides $1 710 000 for this project. The difference between the low bid and the project estimate is an amount of $225,000 to be utilized for landscaping, which includes planting cedar trees along the south property line. Furthermore, there may be additional costs for any change in the paint scheme. RECOMMENDATION Staff recommends Council award the contract for the construction of a 1.5 million gallon elevated storage tank to Landmark Structures, Inc. in the amount of$1,445,000, or for the amount of $1,485,000 to include a second floor. Please place this item on the March 17, 1998 Regular City Council Agenda for City Council review and consideration. BW/cre Attachments: Bid Tabulation Letter from Cheatham and Associates, dated March 13, 1998 Letter from Landmark Structures, Inc., dated March 11, 1998 5D-2 $ o 0 0 0 0 0 0 0 0 ti o 0 0 0 0 o S o 0 0 N ch to o I-- o 0 0 0 0 0 0 0 0 r• to 0 h O P 1A 1- O 1� Wf N 1 Of Ol O O O N N In 0 m r d d U v � o� of v► v � � v► 1111 w w C LL � � oo O ocn � � iE Q o 0 0 0 0 j m Q o 0 0 0CD CD 0 W S co � m � � Ln v N co °a ^ YaYQ W 0 `0 0 0 0 0 0 0 0 0 0 Z o 0 0 0 0 0 0 0 0 0 o W O co (Z) o o 0 0 0 0 0 0 0 �' 0 a o°po T o0o p 0 0 0 o coo G LO Go coo 00 o m W Of Of U N CM — a J cv) Cl) 60. � IUl v w � 1"1 1449. rx 000 co Z a ^ o 0 0 0 0 O o w o 0 0 0 0 �c €ct, p H V o 0 0 0 0 E _ �o Z m O a N co 0 co 00 m c co LO Y � � LaLLQ gv W UI z vi vi vi vi vi O Y z I— LO Cl) w c� o Y - - W 0 Z W Y Z W Y Cl) W w �- m F- Q � g F- Q � g I_: Qo Q � 0 0 w LL o w LL Q m m W W a Z 0 -1m (1)) � wz � mU Nu U � J O O JLij J O F_ J F► J J W Q J _d fn w J w Q U) Z W -� W w W U w d' � � Q W w U � Q � m Z w z U w Of Z W w Z W J O J g � � o w0Z o � o w0Z 2 � J < U) � > w0 w D wL) 3 wo Q Q > Y w w X (r W 0 W U X W W W X J u0i 02 = ~ w0 WOQ ww wOz O � w0 Z WO � zOJ = zOFZ�- zW z � � ZW z ti ti 02Z _O O } J J Z w w C) J O X W W Z 2 ~ I Q Q Q LU O O .I 2 m oa x _ (D w w roc� w � _ 0 w w Q � X J H- ui w Z0 wH ti Cl) � zo w � �- �- jww O Z F_ O Q Q O Z F_ O _I J F- C Q Z H O Q � JD ZY m m Z JN zY � Q Q 1= Z `1 C W F' mJ � F- Q J J � JQ F- Q J J GHQ 0 m �_ cWi) � U ZF- � iQ► ti � � H ZF- � FQ— IQ► pZH U ° a 0° mew ao � ° ° ao � ° ° oa¢ o w 0 � IN ¢ a o I-- z �- N c%) 5D-3 Mar-13-98 01 : 21P P,02 CHEATHAM AND ASSOCIATES March 13, 1998 Mr. Robert Whitehead. P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, Tx 76092 Re: City of Southlake Water System improvements 1.5 Million Gallon Elevated Water Storage Tank Miron Addition Site Recommendations for Contract Award Engineer's Project No.001-527 Dear Mr. Whitehead: Based on our tabulation of bids received on March 6, 1998 for the above referenced project and after review of pertinent information concerning past experience records of the contractors,we recommend the city award the contract to Landmark Structures, Inc. for their low base bid of $1,445,000.00 or for their low alternate bid of$1,485,000.00. The only difference between the base bid and the alternate bid is that a second floor was added within the tank's central riser column for the alternate bid. The decision for award of the base bid or the alternate bid should rest with the City Council. We have enclosed the bid tabulation sheet and a letter from the low bidder.Landmark Structures, Inc., explaining their intentions and their obvious error in preparing their deductive alternate bid (Item 3-D). We concur that their base bid and their alternate bid was correct as submitted. If you have any questions, or if we may be of assistance,please do not hesitate to contact our office. Sincerely, LU-1 -� Bill Lohrke F W()9tTu0tr1I1[AK•S:TAt Whnchud.Soulh1&kcA*&rd.wN Enclosure ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 IF. Larnar Blvd. - Suite 200 - Arlington,Texas 76011 817/548-0696 • Metro 265-8836 •Fax 817/265-8532 5D-4 [Nay-13-98 O1 : 22P P,03 LANDMARK tMlftm ran Wor"k.Um Q U.S.A.76177 Tel:(1117)439-SM Fax(817)439.9001 M--ch ! !. !49' Cheatham&Associates 1601 E. Lamar Blvd.,Suite 200 Arlington,TX 76011 Attn: fir. Bill Lohrke Re: Water Svstcm Improvements 1.5 N illion Gallon Elevated Storage Tank Miron Drive Sitc Dear Sir: to confirm the intent of our proposal submitted on March 6, 1998, pleu..e note: Item 3-D Any deduct associated with this item i�:>0. The price of our bid liar painting is the`acne for either color/logo scheme. Yours truly, ANIWi U. 'RES, INC. Chris Lamon. P.E. /krnc +uCELL:, ...... Design innovation, Construction Excellence 5Q5 City of Southlake,Texas This item left intentionally blank. 5E- 1 + City of Southlake,Texas MEMORANDUM March 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Ordinance No. 701, 1' Reading, Abandoning Right-of-Way at Pine Court BACKGROUND Attached is the above referenced Ordinance to abandon the right-of-way at Pine Court. The three quitclaim deeds are also attached. Note a single copy of Exhibit A, referred to in all documents, is provided as the last page of these materials. The three residents involved in this request for abandonment are doing so because they all possess frontage on existing streets and have no need for this right-of-way. Pine Court has never been built as a public street. All of the franchise utilities have stated that they have no objection to this abandonment. There are no public utilities located in this right-of-way and no utility easement will be required in this area. RECOMMENDATION Staff's recommendation is to place Ordinance No. 701, l' Reading on the Regular City Council M ing A enda for March 17, 1998, for City Council review and consideration. Attachments: Ordinance No. 701 eel Quitclaim Deeds MAWP-FQ,FS%0RD\701\M0A01.WPD r 5F-1 t ORDINANCE NO. , A RESOLUTION VACATING AND ABANDONING , IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF SAID DRAINAGE EASEMENT AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Southlake 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 Southlake,after careful study and consideration, has determined that ,; wz„ in the City of Southlake,hereinafter more specifically described, are not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right-of-way, the City desires to execute quitclaim deeds releasing all title, ownership and control in said right-of-way to the owners of the abutting property. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1 The following right-of-way at is hereby vacated and abandoned as public property: o the City of Southlake said right-of- way being depicted and described as TRAM I,1 ,and on Exhibit A attached hereto. The right- of-way is not being used by,nor useful or convenient to the public in general. It constitutes a public 5F-2 charge without a corresponding benefit,and the public would be better served and benefitted by its vacation and abandonment. The right-of-way so vacated and abandoned shall revert in fee simple to the owners of the abutting properties. SECTION 2 The Mayor of the City of Southlake,Texas,is hereby authorized and empowered to execute one or more quitclaim deeds releasing all claims to title,ownership,or control of the right-of-way on behalf of the City of Southlake,Texas. SECTION 3 A copy of said quitclaim deeds 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 judgement 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. 5F-3 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1998. CITY OF SOUTHLAKE, TEXAS MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1998. CITY OF SOUTHLAKE, TEXAS MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Date: Adopted: Effective: M:\WP_F'�0�7000RD.,P° 5F-4 QUTTCLAI m DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That the City Council of the City of Southlake,County of Tarrant, State of Texas,after careful study and consideration,has determined that rift- ova at t i located in So iitli I ; . in the City of Southlake, hereinafter specifically described and depicted as T on Exhibit A T- attached hereto and incorporated herein,is not being used by,nor useful or convenient to the public in general;therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefitted by its vacation and abandonment. For and in consideration of the above findings and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the City of Southlake ("Grantor") does hereby bargain, sell,release,vacate,abandon and forever quitclaim unto: PHILIP J.GOETIKREN O. WALKER, HUSBAND AND MIFE4 ("Grantee"), and any and all of its heirs, legal representatives or assigns, all of Grantor's right, title, and interest in and to the right of way described on Exhibit A in proportion to its abutting ownership. TO HAVE AND TO HOLD all of its right, title and interest in and to the above described utility easement unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives of assigns shall have, claim of demand any right or title to the aforesaid utility easement premises or appurtenances or any part thereof. Executed this the day of , 1998. CITY OF SOUTHLAKE By: MAYOR 5F-5 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared ,Mayor of the City of Southlake,known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 1998. Notary Public in and for the State of Texas My commission expires: Return to: Grantee: City Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 5F-6 QUITCLAIM DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That the City Council of the City of Southlake,County of Tarrant, State of Texas,after careful study and consideration,has determined that gh at Perin located in uh„ f[ in the City of Southlake, hereinafter specifically described and depicted as e, on Exhibit A attached hereto and incorporated herein, is not being used by,nor useful or convenient to the public in general;therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefitted by its vacation and abandonment. For and in consideration of the above findings and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the City of Southlake ("Grantor") does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto: PERRY D:'WEST("Grantee"), and any and all of its heirs, legal representatives or assigns, all of Grantor's right,title, and interest in and to the right of way described on Exhibit A in proportion to its abutting ownership. TO HAVE AND TO HOLD all of its right, title and interest in and to the above described utility easement unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives of assigns shall have, claim of demand any right or title to the aforesaid utility easement premises or appurtenances or any part thereof. Executed this the day of , 1998. CITY OF SOUTHLAKE By: MAYOR 5F-7 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared , Mayor of the City of Southlake, known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 311998. Notary Public in and for the State of Texas My commission expires: Return to: Grantee: City Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 SF-8 (aloe QUITCLAIM DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That the City Council of the City of Southlake,County of Tarrant, State of Texas, after careful study and consideration, has determined that the Dig'tit=of,v Fein C` ;, located in S I Addit Qn in the City of Southlake, hereinafter specifically described and depicted as LMA M n Exhibit A attached hereto and incorporated herein,is not being used by, nor useful or convenient to the public in general;therefore,it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefitted by its vacation and abandonment. For and in consideration of the above findings and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Southlake ("Grantor') does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto: CAROLYN JO V ''PQNI3EIt ("Grantee'), and any and all of its heirs, legal representatives or assigns, all of Grantor's right,title, and interest in and to the right of way described on Exhibit A in proportion to its abutting ownership. TO HAVE AND TO HOLD all of its right, title and interest in and to the above described utility easement unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives of assigns shall have, claim of demand any right or title to the aforesaid utility easement premises or appurtenances or any part thereof. Executed this the day of , 1998. CITY OF SOUTHLAKE By: MAYOR 5F-9 Coe STATE OF TEXAS COUNTY OF TARR.ANT BEFORE ME, the undersigned authority, on this day personally appeared , Mayor of the City of Southlake, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 1998. Notary Public in and for the State of Texas My commission expires: Return to: Grantee: City Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 (400, SF-10 03/13/98 FRI 16:03 FAX 12146385632 CARTER do BURGESS 92 002 EXHIBIT Al PROPERTY DESCRIPTION TRACT 1 BEING A 0.448 ACRE TRACT OF LAND SITUATED IN THE O.W. KNIGHT SURVEY,ABSTRACT NO.899, IN THE CITY OF SOUTHLAKE,TARRANT COUNTY, TEXAS AND BEING A PORTION OF THAT CALLED 0.97 ACRE TRACT OF LAND DESCRIBED IN RIGHT-OF-WAY (R.O.W.) DEDICATION, RECORDED IN VOLUME 6836, PAGE 1521, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.), THE SAME BEING COMMONLY KNOWN AS PINE COURT(60' R.O.W.). SAID 0.448 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET IN THE NORTH R.O.W.LINE OF SAID PINE COURT FOR THE SOUTHWEST CORNER OF LOT 2-R,GRAHAM- WHITE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, RECORDED IN VOLUME 388-201, PAGE 82, OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS (P.R.T.C.T.); THENCE S 00020'50"W, OVER AND ACROSS SAID PINT COURT R.O.W., A DISTANCE OF 30.00 FEET TO A 51W IRON ROD CAPPED"CARTER & BURGESS" SET FOR CORNER; THENCE S 89039'10" E, OVER AND ACROSS SAID PINE COURT R.O.W., 30.00 FEET PARALLEL TO THE NORTH R.O.W.LINE OF SAID PINE COURT,A DISTANCE OF 650.48 FEET TO A 5/8"IRON ROD CAPPED"CARTER& BURGESS" SET FOR CORNER; THENCE N 00.2950" E, OVER AND ACROSS SAID PINE COURT R.O.W., A DISTANCE OF 30.00 FEET TO A 5/8" IRON ROD CAPPED "CARTER 8 BURGESS" FOUND FOR THE COMMON SOUTHEAST CORNER OF SAID LOT 2-R AND THE SOUTHWEST CORNER OF TIMARRON ADDITION, BRYSON SQUARE, PHASE ONE, AN ADDITION TO THE CITY OF SOUTHLAKE, RECORDED IN CABINET A, SLIDE 3444, P.R.T.C.T., THENCE N 89039109"W,ALONG THE COMMON NORTH R.O.W. LINE OF SAID PINE COURT AND THE SOUTH LINE OF SAID LOT 2-R,A DISTANCE OF 650.48 FEET THE POINT OF BEGINNING, AND CONTAINING 0.448 ACRES OF LAND, MORE OR LESS. es lSsrw.. .......... G;ARY S V�DRO k=3 1.4�w.owrrw..��..• � 11A-,RL�S5�4•`�ln. I'i ©8uF 3j PAGE 1 OF 1 H:\JOB\TIMARRON\97231701\SDATA\317EXD04.FNS 5F-11 03/13/98 FRI 16:04 FAX 12146385632 CARTER & BURGESS 003 EXHIBIT A2 PROPERTY DESCRIPTION TRACT 2 BEING A 0.186 ACRE TRACT OF LAND SITUATED IN THE O.W. KNIGHT SURVEY,ABSTRACT NO.899, IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING A PORTION OF THAT CALLED 0.97 ACRE TRACT OF LAND DESCRIBED IN RIGHT-OF-WAY (R.O.W.) DEDICATION, RECORDED IN VOLUME 6836, PAGE 1521 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.), THE SAME BEING COMMONLY KNOWN AS PINE COURT(60' R.O.W.). SAID 0.186 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING ATA 1/2" IRON ROD FOUND IN THE SOUTH R.O.W. LINE OF SAID PINE COURT FOR THE COMMON MOST NORTHERLY NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO CAROLYN JO V. PONDER, RECORDED IN VOLUME 13032, PAGE 356, D.R.T.C.T., AND THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEEDS TO PERRY WEST RECORDED IN VOLUME 7741, PAGE 504, D.R.T.C.T AND ELIZABETH J. COTTLE-WEST, RECORDED IN VOLUME 11368, PAGE 341, D.R.T.C.T.; THENCE N 00020'50" E, OVER AND ACROSS SAID PINE COURT R.O.W., A DISTANCE OF 30.00 FEET TO A 5/8" IRON ROD CAPPED"CARTER&BURGESS"SET FOR CORNER; THENCE N 89039'10" W, OVER AND ACROSS SAID PINE COURT R.O.W., 30.00 FEET PARALLEL TO THE SOUTH R.O.W. LINE OF SAID PINE COURT,A DISTANCE OF 270.10 FEET TO A 5/8" IRON ROD CAPPED"CARTER& BURGESS" SET FOR CORNER; THENCE S 00020'50" W, OVER AND ACROSS SAID PINE COURT, A DISTANCE OF 30.00 FEET TO A 5/8"IRON ROD CAPPED"CARTER&BURGESS"SET IN THE COMMON SOUTH R.O.W. LINE OF SAID PINE COURT AND THE NORTH LINE OF SAID WEST TRACT, SAID POINT BEING S 8903910"E,A DISTANCE OF 15.06 FEET FROM THE COMMON SOUTHWEST CORNER OF SAID PINE COURT AND THE NORTHWEST CORNER OF SAID WEST TRACT; THENCE S 89°39'10" E, ALONG SAID COMMON LINE, A DISTANCE OF 270.10 FEET THE POINT OF BEGINNING, AND CONTAINING 0.186 ACRES OF LAND, MORE OR LESS. O1 GARY 5 VEDRG 14 "` `.. .......,. 4934 , ��yt: SUR 1S PAGE 1 OF 1 H:UOB1Ti MARRON197231701\.SDATA1317EX003.FNS L 5F-12 03/13/98 FRI 16:04 FAX t2146385632 CARTER do BURGESS Q004 EXHIBIT A3 PROPERTY DESCRIPTION TRACT 3 BEING A 0.317 ACRE TRACT OF LAND SITUATED IN THE O.W. KNIGHT SURVEY,ABSTRACT NO. 899, IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING A PORTION OF THAT CALLED 0.97 ACRE TRACT OF LAND DESCRIBED IN RIGHT-OF-WAY (R.O.W.) DEDICATION, RECORDED IN VOLUME 6836, PAGE 1521, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.), THE SAME BEING COMMONLY KNOWN AS PINE COURT(80' R.O.W.). SAID 0.317 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1f1" IRON ROD FOUND IN THE SOUTH R.O.W. LINE OF PINE COURT FOR THE COMMON MOST NORTHERLY NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO CAROLYN JO V. PONDER, RECORDED IN VOLUME 13032, PAGE 356, D.R.T.C.T. AND THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEEDS TO PERRY WEST, RECORDED IN VOLUME 7741, PAGE 504, D.R.T.C.T. AND ELEZIBETH J. COTTLE-WEST RECORDED IN VOLUME 11368, PAGE 341, D.R.T.C.T.; THENCE S 89°3910"E,ALONG THE COMMON SOUTH LINE OF SAID PINE COURT AND THE NORTH LINE OF SAID PONDER TRACT, PASSING AT A DISTANCE OF 380.78 FEET, THE COMMON NORTHEAST CORNER OF SAID PONDER TRACT AND A TRACT OF LAND GIVEN TO KEITH FREZZA AS STATED IN VACATION OF PLAT, RECORDED IN VOLUME 12736, PAGE 206, D.R.T.C.T., CONTINUING ALONG THE COMMON SOUTH R.O.W. LINE OF SAID PINE COURT AND THE NORTH LINE OF SAID FREZZA TRACT, A TOTAL DISTANCE OF 420.78 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR THE SOUTHEAST CORNER OF SAID 0.97 ACRE TRACT AND AN ELL CORNER OF SAID FREZZA TRACT; THENCE N 00000'55"W, ALONG THE COMMON EAST R.O.W. LINE OF SAID PINE COURT AND THE WEST LINE OF SAID FREZZA TRACT, A DISTANCE OF 60.00 FEET TO A 5/8"IRON ROD CAPPED"CARTER&BURGESS"SET IN THE COMMON NORTH R.O.W. LINE OF SAID PINE COURT AND THE SOUTH LINE OF TIMARRON ADDITION, BRYSON SQUARE, PHASE ONE, AN ADDITION TO THE CITY OF SOUTHLAKE RECORDED IN CABINET A, SLIDE 3444, OF THE PLAT RECORDS, TARRANT COUNTY, TEXAS (P.R.T.C.T.); THENCE N 8903910"W,ALONG SAID COMMON LINE,A DISTANCE OF 40.02 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" FOUND FOR THE COMMON SOUTHWEST CORNER OF SAID TIMARRON ADDITION AND THE SOUTHEAST CORNER OF GRAHAM- WHITE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, RECORDED IN VOLUME 388-201, PAGE 82, P.R.T.C.T.; THENCE S 00020'50"W, OVER AND ACROSS SAID PINE COURT R.O.W., A DISTANCE OF 30.00 FEET A 5/8" IRON ROD CAPPED"CARTER& BURGESS"SET FOR CORNER; THENCE N 89039'10" W, OVER AND ACROSS SAID PINE COURT R.O.W., 30.00 FEET PARALLEL TO THE SOUTH R.O.W. LINE OF SAID PINE COURT,A DISTANCE OF 380.38 FEET PAGE 1 OF 2 H:UOB\TIMARRON\97231701\SDATA\317EX002.FNS 5F-13 03/13/98 FRI 16:05 FAX 12146385632 CARTER & BURGESS W005 EXHIBIT A4 TO A 5W IRON ROD CAPPED"CARTER& BURGESS"SET FOR CORNER; THENCE S 00020'50"W, OVER AND ACROSS SAID PINE COURT R.O.W., A DISTANCE OF 30.00 FEET THE POINT OF BEGINNING, AND CONTAINING 0.317 ACRES OF LAND, MORE OR LESS. OF 4934 PAGE 2 OF 2 H_UOBITIMARROM972317011SDATA1317EX002.FNS 5F-14 EXHIBIT A5 s L..`::�n� I SYYII 'ALM107 1~1•771YVILIIOS 40 wa ca,or n .�C2Cf3w ` 30 ��'S397I+Y�Ylim 3H1 NI �,prir7ip�r :.a•wran N�wos ya ooe, +ern aaws� ass-om i3vH v •1.3Allns LHm,,Nx 'M'0 DLL a ti,neavLrA M'a!�V 4 waarw !0 NO Oct 71vJ5 133NS D ° s „V„ 1181HX3 L6 9Z-Ol 3tr0 ? •D N nV A Z � d ~dWM � Iry Z H a 0 p a U ZOw 17 o3QQ� =�= a (. Z U 7I rE� —CISQ to Z u� o w � Q N U NF O W VW) O N ~Q Q O Z C •A_ �. W V LL N Z 0 QZw i',° � I N �Q O Q I t ``>E6 tL a m CO W to CL t— :;.• Q f-~I-, 1 L�j U {a1 g CV W Z�0 C, aO rw JQw U p O� a O > 60 Z w 00 c Y d0( iJu r*? ,i i17[i � f.5 N W Q O W Uaa� f- 06 3 w>�v HQ :` Gto r= o = MH M: ^� W Qcr � N it M:\WP-Fl ES\ORD\701 ORD.WPD atOo w w w`n k'++ a C9 w O A O 5F-15 900 saixv:) Z£9S9£9►TZI YYi 90:9T Iad 96/£I/£0 City of Southlake,Texas MEMORANDUM March 13, 1998 TO: Curtis E. Hawk, City Manager FROM:s Ron Harper, City Engineer SUBJECT: Resolution 98-22, Abandoning a Utility Easement on Lot 29, Block 53 in Timarron Addition, Northwood Park, Phase I BACKGROUND Attached is a resolution abandoning a utility easement in Timarron Addition, Northwood Park, Phase I. During platting, the subject easement was inadvertently shown on the plat even though the purpose of the easement was to provide for an individual sanitary sewer service. We do not typically dedicate a public easement for these uses. Rather there needs to be a private easement between the respective property owners. This private easement has been executed. RECOMMENDATION Staffs recommendation is to place Resolution 98-22 on the Regular City Council Meeting Agenda f arch 17, 1998, for City Council review and consideration. /ls4* Attachments: Resolution 98-22 Quitclaim Deed M:\WP-FMES,RM98422M.WPD 5G-1 C RESOLUTION NO.98-22 A RESOLUTION VACATING AND ABANDONING UTILITY EASEMENT IN " , IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF SAID UTILITY EASEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS,utility easement has been previously dedicated to the City of Southlake by the owner of T� °iAtlruftdF e"I to the City of Southlake, Tarrant County,Texas. WHEREAS,the City Council of the City of Southlake,after careful study and consideration, has determined that the utility easement located in L;ot 2Block:,53 inT. " " n A€drfio� (the"Utility Easement")is not being used by, nor useful or convenient to the public in general;therefore, it constitutes a public charge without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment. Said Utility Easement is more specifically described on the attached exhibit: EXHIBIT A: Legal Description(sheet 1 of 2) Graphic Depiction(sheet 2 of 2) WHEREAS, in order to remove any question as to the continued interest or ownership of SG-2 S the public in said Utility Easement,the City desires to execute a Quitclaim Deed releasing all title, (mow, ownership and control in said easement to the owner or owners of 0t 29,$ NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1 The Utility Easement,as described herein,is not being used by,nor useful or convenient to the public in general. It constitutes a public charge without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment. Accordingly the above described utility easement, located on Lot 29,Block 5Tuarron Additton� ood Park 1#061 to the City of Southlake,Tarrant County,Texas, is hereby vacated and abandoned as public property and such area shall revert in fee simple to the owner of LQ 29, BIc . Xl tT" SECTION 2 The Mayor of the City of Southlake,Texas,is hereby authorized and empowered to execute a quitclaim deed releasing all claims to title, ownership, or control of the utility easement on the behalf of the City of Southlake, Texas. A copy of said quitclaim deed shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 3 This resolution shall be in full force and effect from and after its passage as provided by law. (400, 5G-3 PASSED AND APPROVED ON THIS DAY OF . 1998.(6w, 4 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Date: Adopted: Effective: 5G-4 QUITCLAIM DEED (awl STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That the City Council of the City of Southlake,County of Tarrant, State of Texas,after careful study and consideration, has determined that certain utility easement located in hereinafter specifically described, is not being used by,nor useful or convenient to the public in general;therefore, it constitutes a public charge without a corresponding public benefit,and the public would be better served and benefitted by its vacation and abandonment. For and in consideration of the above findings and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Southlake ("Grantor")does hereby bargain, sell,release,vacate, abandon and forever quitclaim unto: D WEEI£E floyfi . -,, ("Grantee")and any and all of its heirs, legal representatives of assigns, all of its right,title,and interest in and to the following described real property situated in Tarrant County, Texas, to wit: See Exhibit'A': Legal Description(sheet 1 of 2) Graphic Description(sheet 2 of 2) TO HAVE AND TO HOLD all of its right, title and interest in and to the above described utility easement unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives of assigns shall have,claim of demand any right or title to the aforesaid utility easement premises or appurtenances or any part thereof. Executed this the day of , 1998. CITY OF SOUTHLAKE By: MAYOR 5G-5 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared , Mayor of the City of Southlake, known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 1998. Notary Public in and for the State of Texas My commission expires: Return to: Grantee: City Secretary City of Southlake 667 N. Carroll Ave. 3010jLB " �to=1420 Southlake, Texas 76092 Dallas,Teas 7534 M:\WP-FILES\RES\98-022R.WPD 'r 5G-6 EXHIBIT"A" EASEMENT ABANDONMENT 20'WIDE UTILITY EASEMENT BEING ALL OF THAT 20' WIDE UTILITY EASEMENT TO THE CITY OF SOUTHLAKE AS RECORDED IN VOULME 13044, PAGE 284 DEED RECORDS TARRANT COUNTY TEAXS SITUATED IN THE O.W. KNIGHT SURVEY,ABSTRACT NO.899, IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING A PORTION OF LOT 29, BLOCK 53 OF TIMARRON ADDITION NORTHWOOD PARK, PHASE ONE,AN ADDITION TO THE CITY OF SOUTHLAKE, RECORDED IN CABINET A, SLIDE 3454 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS(P.R.T.C.T.). SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD CAPPED "CARTER & BURGESS" FOUND FOR THE NORTHWEST CORNER OF SAID LOT 29, BEING THE COMMON SOUTHEAST CORNER OF LOT 28, BLOCK 58 OF SAID TIMARRON ADDITION NORTHWOOD PARK, PHASE ONE, SAID POINT BEING IN THE RIGHT-OF-WAY(R.O.W.) LINE OF PARKWOOD COURT(A 50' R.O.W.); THENCE ALONG SAID R.O.W. LINE OF PARKWOOD COURT,ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 28-20-18", A LONG CHORD THAT BEARS S 65029'05" E A DISTANCE OF 24.48 FEET, AN ARC DISTANCE OF 24.73 FEET TO A POINT FOR CORNER; THENCE S 5904333" W, DEPARTING SAID WEST R.O.W. LINE OF PARKWOOD COURT, OVER AND ACROSS SAID LOT 29, A DISTANCE OF 244.34 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 29 BEING THE COMMON NORTHERLY LINE OF LOT 3, BLOCK 53 OF SAID TIMARRON ADDITION NORTHWOOD PARK, PHASE ONE; THENCE N 52001'28"W,ALONG SAID COMMON LINE,A DISTANCE OF 21.53 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS' FOUND FOR THE SOUTHWEST CORNER OF SAID LOT 29, BEING THE COMMON SOUTHWEST CORNER OF SAID LOT 28,THE COMMON NORTHWEST CORNER OF SAID LOT 3, AND THE COMMON SOUTHEAST CORNER OF LOT 17, BLOCK 53 OF TIMARRON ADDITION NORTHWOOD PARK, PHASE TWO, AN ADDITION TO THE CITY OF SOUTHLAKE, RECORDED IN CABINET A, SLIDE 3896, P.R.T.C.T.; THENCE N 59043'33" E, ALONG THE NORTHERLY LINE OF SAID LOT 29, BEING THE COMMON SOUTHERLY LINE OF SAID LOT 28,A DISTANCE OF 238.20 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.110 ACRES OF LAND, MORE OR LESS. OF R�................... Q. GARY S. VEDRO ki '� 4334 Pam:' SHEET 1 OF 2 •.4� H:UOB\TIMARRON%96221001\SDATA1210EX004.FNS �ti©&�Rv�y� y 5G-7 \ I cn 27 59 10'U.E� ,�-10'U.E. TIMARRON ADDITION J o NORTHWOOD PARK t s' u. / p I-- 1 O'U.E. PHASE TWO — _ � E. � CAB. A, SLD. 3896 20 Y p P.R.T.C.T. U V=60' BLOCK 53 Q 110, CL R=50' GF�� to'u.E. P.O.B. / TIMARRON ADDITION .`� �• 18 NORTHWOOD PARK LOT LINE 5/TCIRF Cl P�QOOJ \ PHASE ONE \ CAB. A, SLD. 3454 P.R.T.C.T. ti 28 17 10, 29 5/8"CIRF " ne BLOCK 53 / VOL.1 3044,PG.284 / TIMARRON ADDITION J h BRYSON SQUARE PHASE ONE CAB. A, SLD. 3444 & 3445 4S, P.R.T.C.T. 1 BLOCK 53 90. 100 LINE TABLE LINE BEARING DISTANCE r�Q.. ' S Lt N 52'O1'28" W 21.53 �; �'••' / .. .................,.. . o CURVE TABLE 4934 •..� . .a ..0 01. W CURVE DELTA RADIUS ARC TANGENT BEARING CHORD '9�•�FSSt..•;,''- C 1 28'20'18" 50.00 24.73 12.62 S 65'29'05' E 24.48 &'U Rv a (b� 1 c BEARING BASIS IS THE NORTHERLY LINE OF LOT 29, BLOCK 53 TIMARRON ADDITION NORTHWOOD PARK, a PHASE ONE. RECORDED IN CABINET A. SLIDE 3454 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS. fU 'o n n DATE: 02-16-98 EXHIBIT A EASEMENT ABANDONMENT C-10 CarteraBYrgen SHEET $CALF: 1'-60• 20 WIDE UTILITY EASEMENT = VOLUME 13044 PAGE 284 �Cormukoft in ,,, jDRAWN SY: J. DELAUGHTER our OF THE CARTER t OLME s. INC. oa O.W. KNIGHT SURVEY, ABSTRACT NO. '899 Tp�'�,� nmEMN�1�no 2 OF 2 CHECKED Ff. G. VEDRD I+ THE _01� i CITY OF SOUTHLAKE, TARRANT COUNTY. TEXAS 5G-8 City of Southlake,Texas MEMORANDUM March 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Resolution 98-23, Abandoning a Utility Easement on Lot 2, Block 3 in Hills of Monticello, Phase 2 BACKGROUND Attached is a resolution abandoning a utility easement in Lot 2, Block 3 in Hills of Monticello, Phase 2. I A separate sanitary sewer line was built adjacent to this property which negates the need for this easement. The abandonment of this easement will not compromise the integrity of our sewer system since the easement was never used for its original purpose. RECOMMENDATION Staff's recommendation is to place Resolution 98-23 on the Regular City Council Meeting Agenda arch 7, 1998, for City Council review and consideration. /Is Attachments: Resolution 98-23 Quitclaim Deed M:\WP-FaMNRESW8-MM.WPD 5H-1 Z t.jj <..,+«row A RESOLUTION VACATING AND ABANDONING UTILITY EASEMENT IN IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF SAID UTILITY EASEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS,utility easement has been previously dedicated to the City of Southlake by the owner of to the City of Southlake, Tarrant County, Texas. WHEREAS,the City Council of the City of Southlake,after careful study and consideration, has determined that the utility easement located in TAt� cif Mtn a (the "Utility Easement")is not being used by,nor useful or convenient to the public in general;therefore, it constitutes a public charge without'a corresponding benefit,and the public would be better served and benefitted by its vacation and abandonment. Said Utility Easement is more specifically described on the attached exhibits: EXHIBIT A: Legal Description EXHIBIT B: Graphic Depiction 5H-2 WI�RFAS yon.as.to the contm�2n the public in said Utility Easement,the City desires to execute a Quitclaim Deed releasing all title, ownership and control in said easement to the owner or owners of NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1 The Utility Easement, as described herein,is not being used by,nor useful or convenient to the public in general. It constitutes a public charge without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment. Accordingly the above described utility easement, located on to the City of Southlake, Tarrant County, Texas, is hereby vacated and abandoned as public property and such area shall revert in fee simple to the owner of La ,§B q' ftf Mantt . SECTION 2 The Mayor of the City of Southlake,Texas,is hereby authorized and empowered to execute a quitclaim deed releasing all claims to title, ownership, or control of the utility easement on the behalf of the City of Southlake,Texas. A copy of said quitclaim deed shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 3 This resolution shall be in full force and effect from and after its passage as provided by law. 5H-3 PAssEDFA D APPROVE�`ON- DA r. ' ro , 41 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Date: Adopted: Effective: 5H-4 DEM- - 4 STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARR.ANT That the City Council of the City of Southlake,County of Tarrant,State of Texas,after careful study and consideration,has determined that certain utility easement located in hereinafter specifically described,is not being used by,nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit,and the public would be better served and benefitted by its vacation and abandonment. For and in consideration of the above findings and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the City of Southlake ("Grantor') does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto: aa„ ("Grantee') and any and all of its heirs, legal representatives of assigns, all of its right, title, and interest in and to the following described real property situated in Tarrant County, Texas,to wit: See Exhibit'A': Legal Description See Exhibit'B': Graphic Description TO HAVE AND TO HOLD all of its right, title and interest in and to the above described utility easement unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives of assigns shall have,claim of demand any right or title to the aforesaid utility easement premises or appurtenances or any part thereof. Executed this the day of , 1998. CITY OF SOUTHLAKE By: MAYOR 5H-5 STATE OF TEXAS F.;. . wU`may T _VOV+ O�"i I�J .nr` _ ' '• '9? -eF' r+.�" „ ,t `,tE3�,,. BEFORE ME, the undersigned authority, on this day personally appeared ,Mayor of the City of Southlake,known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 1998. Notary Public in and for the State of Texas M commission expires: Y P Return to: Grantee: City Secretary City of Southlake rd 667 N. Carroll Ave. Southlake, Texas 76092 Ske, M:\WP-FILES\RES\98-023R.WPD 5H-6 EXHIBIT A SURVEY PLAT EASEMENT ABANDONMENT Being a 20.00 feet utility easement situated in the City of Southlake,Tarrant County,Texas and being a portion of Lot 2, Block 3 of Monticello Phase II an addition to the City of Southlake as recorded in Cabinet A, Slide 1280 of the Plat Records of Tarrant County, Texas and being more particularly described as follows: Commencing at a 1/2" iron pin at the northwest corner of said Lot 2, thence N 88 ' 27'02" E along the north line of said l.ot 2 a distance of 3.17 feet to the Point ut Beginning of herein described easement; Thence N 88 ' 27' 02" E continuing along said north line 48.31 feet; Thence S 67 05' 35" E, 110.62 feet; Thence S 02 54'46" E, 74.23 feet to the south line of said Lot 2; Thence S 88 ' 27' 02" W along said south line 20.t10 feet; Thence N 02 ' 54' 46" W, 61.21 feet; Thence N 67 ' 05' 35" W, 142.05 feet to the Point of Beginning. rna plat shown hereon is a representation of the property as determined from an actual on the ground survey,the lines and dimensions of said property being as indicated by the plat.The undersigned OS has no knowledge of or has been advised of any known or apparent encroachments,conflicts, easements or prutrusions except as shown. e% i[�ti• Tommy o. BURKS Regist6red Professional Land Surveyor BURKS LAND SURVEYING LEGEND ' tom' — 600 NW HWY I.P.F. • Iron Pin Found Date: 6/9/94 SUITE D I.P.S. - Iron Pin Set Job No. 94055 GRAPEVINE, TEXAS 76051 F.C. - Fence Comer GF No. ---- METRO 817/481-9699 U.E. - Utility Easement Invoice No. 5H-7 D.E. • Drainage Easement Uprieted P.P. - Power Pole pagaed EXHIBIT B SURVEY PLAT EASELIM ABANDONMENT CONTINENTAL BLV-D. LOT 1 O0 3 BLOCK 3 n n v r n P.O.B. new zr o2 c 2b375 m N P.O.C. 48.3 f See ' \pS 35. Air OS y 3 \ w ps. I to LOT 2 ' Co 1 � Ce d) ti 2 I A a t AA'i I A 4 4 12(0.00'1(4 4 s as 2r oe w 154.52' N t \ LOT 3 \ MONTICELLO PHASE N `\ CAB. A, SLIDE 1280 \ The plat shown hereon is a representation of the property as determined from an actual on the ground survey,the lines and dimensions of said property being as indicated by the plat.The undersigned Oi has no knowledge of or has been advised of any known or apparent encroachments, conflicts, easements or protrusions except as shown. !� '♦�1rt��f Ti mmy O.aURKS 36t�e�N.k � 1�caet•°+�� Regis red Professional Land Surveyor BURKS LAND SURVEYING LEGEND Seale:1' 600 W.NW HWY I.P.F. - Iron Pin Found Date. 6/91.34 SUITE D I.P.S. - Iron Pln Set Job No. 94055 GRAPEVINE, TEXAS 76051 F.C. - Fence Comer GF No. METRO 8171481.9699 U.E. - Utility Easement Invoice No. 5H-8 D.E. - Drainage Easement updated P.P. - Power Pole I Revised 1 ' City of Southlake,Texas MEMORANDUM March 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Authorize the Mayor to reinstate and extend the exchange contract between the City of Southlake and Crossroads Square, Ltd. This agreement was originally approved by the City Council in November 1996, to facilitate an exchange of property near Bicentennial Park. You may recall that by this agreement, the city was to acquire a 1.584 acre tract from Crossroads Square, which is currently used by the Parks and Recreation Department for soccer fields. In exchange, the city provided a 1.74 acre tract to Crossroads Square, Ltd. just north of the Food Lion so that the shopping center could be expanded. The exchange tract is a portion of 7 acres acquired by the city years ago as a potential City Hall site, and not technically a portion of the park property. By agreement, the deal was to be closed by June 1997. For a variety of reasons, Crossroads Square has not been ready to move forward with the exchange until now. Note the letter from David McMahan requesting that we reinstate and extend the contract. It is staff s recommendation that the contract be extended to December 1998. This should provide sufficient time for the deal to be consummated. SKY 5 CROSSROADS S U Q ARE, LTD. SLTrE 234 100 W.SOUM AXE BLVD.#32o sounR A ,77.W 76092 (817)329.6996 CITY FAMWER March 5. 1998 Mr. Curtis Hawk City Manager City of Southlake ! 667 N. Carroll Ave. Southlake, Texas 76092 CO PC) RE: Land Exchange Crossroads Square Ltd. / City of Southlake Dear Curtis; Attached is a copy of the Exchange Contract between the City of Southlake and Crossroads Square, Ltd. You will note that this contract has actually expired but as I said to you the other night we are now ready to go forward in facilitating the exchange as outlined in the contract. By copy of this letter I am instructing our attorney, Mr. Rick Wilhelm, to contact you in my absence about proceeding towards closing this transaction. I will be gone until March 19th. If you should have any questions please contact Rick at (214) 855-7552 or my partner, Mr. Frank Piani, at 1-800-633-3458. Thank you for your attention to this matter. Sincerely, David C. McMahan Executive Vice President Pima Properties, Inc. General Partner CC: Mr. Rick Wilhelm Mr. Frank Piani Aw-1 ins EXCHANGE CONTRACT BETWEEN THE CITY OF SOUTHLAKE,TEXAS AND CROSSROADS SQUARE,LTD. F TABLE OF CONTENTS •A 1. Exchange . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Independent Consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. Title Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 .4. Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5. Inspection Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6. Prorations and Closing Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7. Closing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8. Crossroads' Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9. City's Remedy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10. Commissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11. City's Representations and Warranties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12. City's Covenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 13. Crossroads' Representations and Warranties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14. Crossroads' Covenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 15. Conditions Precedent to Crossroads' Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16. Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17. Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 18. Binding Effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 19. Entire Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 20. Attorneys' Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 21. Survival . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 TABLE OF CONTENTS PAGE (i) OF (h) rr 22. Holidays,Etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 23. Governing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 24. Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 25. Headings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 26. Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 EXHIBIT A-THE LAND EXHIBIT B -THE EXCHANGE TRACT EXHIBIT C - NO DEVELOPMENT AREA TABLE OF CONTENTS PAGE(ii) OF (ii) THE STATE OF TEXAS § § EXCHANGE CONTRACT COUNTY OF TARRANT § This Exchange Contract(this Contract) is between THE CITY OF SOUTHLAKE, TEXAS, a Texas municipal corporation (City), and CROSSROADS SQUARE, LTD., a Texas limited partnership (Crossroads). BACKGROUND A. City is the owner of an approximate 1.174 acre tract of land (the Land) located in the City of Southlake, Tarrant County, Texas, more particularly described on Exhibit A attached hereto and made a part hereof. B. Crossroads is the owner of an approximate 1.584 acre tract of land (the Exchange Tract) located in the City of Southlake, Tarrant County, Texas, more particularly described on Exhibit B attached hereto and made a part hereof. C. Subject to the terms and conditions of this Contract, Crossroads wants to acquire the Land and all related rights and appurtenances of the City in return for Crossroads' transfer to the City, together with a defined sum of money, of the Exchange Tract and all of Crossroads' related rights and appurtenances therein. D. City has agreed to such an exchange, subject to the terms and conditions of this Contract. E. Prior to the execution of this Contract, the City published notice to the general public of the offer of the Land for sale or exchange as required by Section 272.001 of the Texas Local Government Code. CONTRACT OF SALE Page 1 S-L -� AGREEMENT City shall transfer the Land to Crossroads and Crossroads shall transfer the Exchange Tract to City upon the following terms: 1. Exchange City shall transfer the Land to Crossroads in exchange for(a) Crossroads' transfer of the Exchange Tract to City, together with (b) the sum of$57,000.00 in good funds (the Cash Consideration) 2. Independent Consideration Crossroads tenders to City and City acknowledges receipt of the sum of ONE HUNDRED DOLLARS ($100.00) as independent and nonrefundable contract consideration for the Inspection Period (as defined in Paragraph 5). 3. Title Insurance a. Crossroads, at Crossroads' expense, shall furnish to City at Closing a Texas Standard Form of Owner Policy of Title Insurance (the Owner Policy) covering the Exchange Tract issued by American Title Company (Title Company), Grapevine, Texas, Attention: Janie Davis, Phone: (817) 329-6470, dated as of the Closing Date, in the amount of the fair market value of the Exchange Tract(as determined by the appraisal obtained by the City), and containing no exceptions or conditions except as follows: i. the restrictive covenants exception must be deleted or must state "None of Record except..." and then must list only specific restrictive covenants approved or waived by the City; ii. stand-by fees, taxes, and assessments for the year of Closing and subsequent years, and subsequent assessments for prior years due to change in land usage or ownership; and iii. any other Permitted Exceptions (as defined below in this Paragraph). b. City, at City's expense, shall furnish to Crossroads at Closing a Texas Standard Form of Owner Policy of Title Insurance (the Owner Policy) covering the Land issued by American Title Company (Title Company), Grapevine, Texas, Attention: Janie Davis, Phone: (817) 329-6470, dated as of the Closing Date, in the amount of the fair market value of the Land (as determined by the appraisal CONTRACT OF SALE Page 2 S� T obtained by the City), and containing no exceptions or conditions except as follows: i. the restrictive covenants exception must be deleted or must state "None of Record except..." and then must list only specific restrictive covenants approved or waived by Crossroads; ii. stand-by fees, taxes, and assessments for the year of Closing and subsequent years, and subsequent assessments for prior years due to change in land usage or ownership; and iii. any other Permitted Exceptions (as defined below in this Paragraph). C. Each party, at its expense, shall furnish to the other party within 15 days after the Effective Date (as defined in Paragraph 26) a title insurance commitment covering the Land or the Exchange Tract, respectively, issued by the appropriate Title Company (the Commitment), together with legible and complete copies of all documents referenced as title exceptions in the respective Commitment. d. Each party has 15 days after its receipt of the last of the respective Commitment, the copies of each title exception, and the respective Survey to object to any exception, condition or matter unacceptable to that party in such respective Commitment, title exception or Survey by giving written notice to the other party (the owner of the real property to which the Commitment, title exception and Survey relate), but all Schedule C matters shall be deemed to be unacceptable. If the party examining the Commitment, title exception and Survey does not give notice of any such objections to the respective property's owner within the 15-day period, such party is deemed to approve the title to the respective property as shown in the applicable Commitment and the Survey. e. The owner of the respective property has 5 days after receipt of the acquiring parry's notice to cure such party's objections, although it has no obligation to cure any objection. f. If the acquiring party gives notice of any objections within the 15-day period and owner of the respective property does not cure any of the acquiring parry's objections within the applicable 5-day cure period, the respective acquiring party may, on or before the 1 Oth day after the last day of the respective owner's 5-day cure period, as the acquiring parry's sole and exclusive remedy, waiving all other remedies, either: CONTRACT OF SALE Page 3 i. terminate this Contract by notice to the owner and the parties shall thereafter have no further rights, liabilities, or obligations under this Contract with respect to either the Land or the Exchange Tract; or ii. waive its objections to the respective Commitment and the Survey and accept the owner's title as shown in the respective Commitment and on the Survey. g. The exceptions to title listed in Schedule B of a Commitment that are either accepted or waived by the acquiring party are the Permitted Exceptions. No item listed in Schedule C of a Commitment shall be a Permitted Exception. h. Neither owner may further encumber the title to their respective tract herein described after the Effective Date without the prior writteir consent of the other party. i. If any additional title encumbrances are discovered after Title Company's issuance of a Commitment, the acquiring party for such property has the same rights concerning objections to the additional title encumbrances as are provided above in this Paragraph. 4. Survey Crossroads, at Crossroads expense, shall furnish to Crossroads, City and the respective Title Company within 10 days after the Effective Date two (2) copies of a current survey of the Land and the Exchange Tract (the Surveys) certified to City, Crossroads, the respective Underwriter, the respective Title Company, and any lender of which Crossroads has notice, by a surveyor licensed in the State of Texas and selected by Crossroads showing: a. a correct legal description of the respective tracts by plat reference, if applicable, and a metes and bounds description; b. the area, boundaries, and dimensions of the respective tracts; C. any encroachments or protrusions; d. the location of all easements, known proposed easements, apparent easements, and building restrictions affecting the respective tracts; e. the location and dimensions of any improvements on the respective tracts (other than soccer fields, volley ball areas and jogging tracks); and CONTRACT OF F rase 4 f. the gross square footage of the respective tracts (showing areas to be dedicated to the City for public rights-of-way, if any). 5. Inspection Period a. Commencing on the Effective Date and continuing through the 60th day after the Effective Date (the Inspection Period), each party may, but is not obligated to, inspect the other party's property and review and analyze all materials, surveys, maps, reports, and other matters and information provided pursuant to this Contract, together with any other materials, surveys, maps, reports, studies, and other matters it may choose, in its sole and absolute discretion. b. Either party may, for any reason whatsoever, or for no reason at all, in its sole discretion, terminate this Contract by notifying the other party of such terminating party's election to terminate under this Paragraph by no later than 5:00 p.m., local time, on the last day of the Inspection Period. C. If this Contract is timely terminated the parties thereafter have no further rights, liabilities, or obligations under this Contract. d. If no party notifies the other party in writing of such party's election to terminate this Contract under Paragraph 5.b., both parties are deemed to waive their „ respective rights to terminate this Contract under this Paragraph. e. Each party grants to the other party, its agents, contractors and employees, a license, terminable only upon the termination of this Contract, to enter upon and inspect such granting party's property herein described and to enter upon the property to make all studies and inspections deemed necessary or desirable by such inspecting party. The inspecting party's performance of all studies and tests is at its sole risk and expense. f. If the property is damaged by the inspecting party or its agents or contractors during the inspections, the inspecting party shall: i. repair and restore the respective property to substantially the same condi- tion as existed prior to conducting the studies and tests; and ii. hold the owner harmless from any actual damages (the owner waives any right to collect consequential or punitive damages) arising solely and directly from the actions of the inspecting party or its agents, contractors, or employees, in conducting the studies or tests. CONTRACT OF SALE Page 5 6. Proration and Closing Costs a. Ad valorem taxes against the Land will not be prorated at Closing as the property is owned by a non-taxable entity; provided, however, upon the transfer of the Land to Crossroads, it shall be placed on the appropriate tax rolls and, commencing in the tax year after Closing, shall be subject to ad valorem taxes. Notwithstanding the foregoing, if any taxes are due for prior years or due to a change in usage or ownership, City shall pay such taxes. b. Ad valorem taxes against the Exchange Tract will be prorated at Closing as of the Closing Date based on the tax bills for the year of Closing. Crossroads shall pay at Closing to the Title Company insuring the Exchange Tract the portion of the taxes on the Exchange Tract from the beginning of the current year through the Closing Date; Title Company shall hold such funds in escrow until all taxes are known and payable. If Closing occurs before the current year's tax bills are available, the proration will be based on the latest tax rate applied to the latest assessed valuation; then, after the taxes for the current year are finally assessed, upon written demand, Title Company shall refund to Crossroads any amount overpaid by Crossroads or Crossroads shall pay to Title Company the amount of any deficiency in the proration. C. At Closing, the Exchange Tract will be located within a tax lot parcel that includes property not being conveyed to City, the prorations specified in Subparagraph 6.b. will be paid to the Title Company, but no additional taxes on the remainder of the tax lot parcel will be required to be paid. d. The term "ad valorem taxes" as used in this Paragraph includes general assessments - including, without limitation, regular annual assessments payable to any property owners association - but does not include rollback or deferred taxes that are payable because of change in ownership or land use or any special assessments or assessments for street widening, repair, or improvement, which the owner of the respective tract shall pay at Closing. e. All closing costs other than as specified above, or as may be specifically allocated elsewhere in this Contract, will be allocated to City and Crossroads in the custom- ary manner for the sale and purchase of unimproved real property in Tarrant County, Texas, as of the Closing Date; provided, each party shall pay its own attorneys' fees except in the event of litigation. 7. Closing a. The "Closing" of this Contract will occur in the City's Title Company's offices after 9:00 a.m., local time, on or before the 30th day after the last of the CONTRACT OF SALE Page 6 Conditions Precedent have occurred(the Closing Date),but in any event by no later than June 30, 1997; provided, however, Crossroads may, upon written notice to the City and the payment to the City of an additional $100.00 in consideration, unilaterally extend the Closing Date for a period not in excess of 60 additional days. b. At the Closing: i. Crossroads shall: (a) pay to City the Cash Consideration; (b) deliver an executed special warranty deed in form reasonably acceptable to the City conveying the Exchange Tract to the City and containing no exceptions or conditions except the respective Permitted Exceptions (excluding the standard printed exceptions in the Owner Policy); (c) cause the Owner Policy for the Exchange Tract to be delivered to the City (or the confirmation by the respective Title Company that it will issue such policy excepting only to the standard printed exceptions and the respective Permitted Exceptions); (d) deliver an executed non-foreign affidavit in accordance with the Internal Revenue Code; (e) deliver any other documents deemed reasonably necessary by the City's Title Company or City's counsel; and (fl deliver exclusive possession of the Exchange Tract, subject to the Permitted Exceptions. ii. The City shall deliver to Crossroads: (a) an executed special warranty deed in form reasonably acceptable to Crossroads conveying the Land to Crossroads and containing no exceptions or conditions except the respective Permitted Exceptions (excluding the standard printed exceptions in the Owner Policy); (b) the Owner Policy for the Land (or the confirmation by the respective Title Company that it will issue such policy excepting CONTRACT OF SALE Page 7 only to the standard printed exceptions and the respective Permitted Exceptions); (c) a non-foreign affidavit in accordance with the Internal Revenue Code; (d) any other documents deemed reasonably necessary by Crossroad's Title Company or Crossroad's counsel; and (f) exclusive possession of the Land, subject to the Permitted Exceptions. 8. Crossroads' Remedies If the City does not perform its obligations under this Contract for any reason except the termination of this Contract pursuant to an applicable provision of this Contract, Crossroads may, as its sole and exclusive remedy, either(i) enforce specific performance; or(ii) terminate this Contract. If Crossroads terminates this Contract due to the City's default, the City shall reimburse Crossroads upon demand for all reasonable out-of-pocket expenses incurred by Crossroads in connection with this transaction, and the parties thereafter have no further rights, liabilities, or obligations under this Contract. 9. City's Remedy If Crossroads does not perform its obligations under this Contract for any reason except the termination of this Contract pursuant to an applicable provision of this Contract, the City may, as its sole and exclusive remedy, either (i) enforce specific performance; or(ii) terminate this Contract. If the City terminates this Contract due to Crossroads' default, Crossroads shall reimburse the City upon demand for all reasonable out-of-pocket expenses incurred by the City in connection with this transaction, and the parties thereafter have no further rights, liabilities, or obligations under this Contract. 10. Commissions a. Each party warrants to the other party that it has not dealt with any real estate broker or salesman in the negotiation of this Contract who will be paid a commission. b. Each party shall indemnify, defend and hold harmless the other party from any other real estate commissions due by virtue of the execution or Closing of this Contract, the obligation or asserted claim for which arises from actions taken or claimed to be taken by the indemnifying party. CONTRACT OF SALE Page 8 11. City's Representations and Warranties City represents and warrants to Crossroads as follows (which representations and warranties are also deemed made by City to Crossroads at Closing and survive Closing): a. The Land has not been designated as "park land" by the City. b. There are no parties in possession of any portion of the Land as lessees, tenants at sufferance, or trespassers. No leases affect the Land. C. No vote of the citizens of the City and no approval from any other governmental authority are required to enter into this Agreement and to transfer the Land to Crossroads. 12. City's Covenants City shall, at City's sole cost and expense: a. Promptly advise Crossroads in writing of any litigation or hearing or notice received or any material changes of facts that cause any of the City's rep- resentations or warranties to be inaccurate in any respect. b. Deliver to Crossroads within 10 days after the Effective Date copies of all soils reports, environmental studies, surveys, plats, elevations, topographical maps, engineering studies, traffic studies, and other studies and reports in City's possession concerning the Land, although the City does not warrant the accuracy or completeness of any of such reports or studies. C. From the Effective Date until the Closing, maintain the Land in good condition. d. Cooperate with Crossroads in the timely identification of locations within Bicentennial Park for: (i) the replanting of the trees to be removed by Crossroads from the Land; (ii) the reconstruction of the sand volleyball court originally located on the Land; and (iii) the reconstruction of that portion of the jogging trail originally located on the Land. CONTRACT OF SALE Page 9 13. Crossroads' Representations and Warranties Crossroads represents and warrants to the City (which representations and warranties are also deemed made by Crossroads to the City at Closing and survive Closing) that there are no parties in possession of any portion of the Exchange Tract as lessees, tenants at sufferance, or trespassers except for the users of the soccer fields which exist on the Exchange Tract. No leases affect the Exchange Tract. 14. Crossroads' Covenants Crossroads shall, at Crossroads' sole cost and expense: a. Promptly advise City in writing of any litigation or hearing or notice received or any material changes of facts that cause any of Crossroads'-representations or warranties to be inaccurate in any respect. b. Deliver to the City within 10 days after the Effective Date copies of all soils reports, environmental studies, surveys, plats, elevations, topographical maps, engineering studies, traffic studies, and other studies and reports in Crossroads' possession concerning the Exchange Tract, although Crossroads does not warrant the accuracy or completeness of any of such reports or studies. C. From the Effective Date until the Closing, maintain the Exchange Tract in good condition (although it shall not be required to provide more maintenance than it has done in the past). d. After Closing, remove existing trees from the Land (but only to the extent necessary to accommodate Crossroads' planned development on the Land) and move and replant those trees which in Crossroads' reasonable belief, after consultation with an arborist, have a reasonable chance at continued viability, in locations within Bicentennial Park identified by the City and which are reasonably accessible to Crossroads for such replanting (such covenant to survive Closing). e. After Closing, replace trees which have been removed from the Land and which were unable to be replanted with similar types of trees with an aggregate caliper of not less than those non-replanted trees, with no replacement trees having a caliper of less than 3 inches, within locations within Bicentennial Park identified by the City and which are reasonably accessible to Crossroads for such replanting (such covenant to survive Closing). f. After Closing and contemporaneously with Crossroads' removal of the existing jogging path on the Land, rebuild a similarly constructed continuation of the path CONTRACT OF SALE Page 10 along a course reasonably approved by both the City and Crossroads(such covenant to survive Closing). g. After Closing and contemporaneously with Crossroads' removal of the existing sand volleyball court from the Land, rebuild a similarly constructed facility(using the salvaged materials from the demolished court) in a location within Bicentennial Park identified by the City and which is reasonably accessible to Crossroads for such rebuilding (such covenant to survive Closing). h. After Closing, relocate any signage originally on the Land which has been removed by Crossroads to a location within Bicentennial Park identified by the City and which is reasonably accessible to Crossroads for such relocation(such covenant to survive Closing). i. Crossroads shall and, pursuant to a document recorded at Closing, shall require its successors and assigns to refrain from developing or otherwise removing any live trees from the portion of the Land identified as "No Development" on Exhibit attached hereto and made a part hereof(such covenant to survive Closing), unless such development or removal is approved by the City's City Council. For purposes hereof, if the City fails or refuses to identify locations within Bicentennial Park for the relocation of the improvements heretofore set forth, or, the locations identified by the City are not reasonably accessible to Crossroads, Crossroads may select the appropriate locations within the park for such relocations. Crossroads has no obligation to relocate or replant the matters set forth herein anywhere outside the present boundaries of the park. 15. Conditions Precedent to Crossroads' Obligations Crossroads is not obligated to close this transaction, until each of the following Conditions Precedent(herein so called)has been met: a. At the time of Closing, any of City's representations and warranties are true and correct in all respects. b. Assuming a timely submittal by Crossroads, the Land and the remainder of the existing shopping center have been rezoned and the site plan of the shopping center has been finally approved by the City Council to Crossroads' approval in order to accommodate the development and operation of the planned Tom Thumb grocery store. C. Crossroads' existing shopping center("Crossroads Square Shopping Center"), together with the Land, has been replatted to Crossroads' approval: CONTRACT OF SALE Page 11 (i) split Lot 3 of the shopping center addition into two lots; delete the Exchange Tract from the shopping center; add the Land to the shopping center; (iv) remove the lot lines forming Lot 4 and adding it to Lot 2 of the shopping center; (v) removing the common access easements between former Lot 4 and Lot 2; d. Crossroads has been able, after reasonable efforts, to reach an agreement with each of Food Lion, Inc., Jack Eckerd Corporation and Randall's Food& Drugs, Inc., acceptable to Crossroads in its sole and absolute discretion, with respect to the modification of the shopping center, the termination of the Food Lion, Inc. lease, the release of the exclusive operations clause in the Jack Eckerd Corporation lease and the leasing by Randall's Food & Drugs, Inc. of the proposed grocery store space in the reconfigured shopping center. Crossroads may, at Crossroads' sole option, waive all or any of these conditions precedent. If an-y condition precedent is not satisfied by Closing. or any earlier time frame specified above and it has not been waived, or if Crossroads reasonably believes that any condition precedent will not be satisfied, then Crossroads, at its sole option, may terminate this Contract on or before the Closing Date by giving notice to City. Upon termination, the parties thereafter have no further rights, obligations, or liabilities under this Contract. If Crossroads is entitled to terminate this Contract because a condition precedent is not satisfied, and Crossroads does not terminate this Contract, and the Closing occurs, then Crossroads is deemed to waive the respective condition precedent. 16. Notices All notices, requests, approvals, and other communications required or permitted to be delivered under this Contract must be in writing and are effective: a. on the business day sent if sent by telecopier prior to 5:00 p.m., local time, and the sending telecopier generates a written confirmation of sending; b. upon receipt if delivered personally or by any method other than by telecopier transmission (with written confirmation), or by any method other than by mail; (4 low CONTRACT OF SAL.E Page 12 Ste'-/7 C. 1 day after delivery to a nationally recognized,overnight courier service;or d. if orderly delivery of the mail is not then disrupted or threatened in which event some method of delivery other than the mail must be used, 3 days after being deposited in the United States mail, certified, return receipt requested,postage prepaid; in each instance addressed to City or Crossroads, as the case may be, at the following addresses, or to any other address either party may designate by notice to the other party: City: City of Southlake, Texas 667 North Carroll Southlake, Texas 76092 Attn: Curtis Hawk Fax: (817) 488-6796 With a copy to: Fielding, Barrett & Taylor, L.L.P. 3400 Bank One Tower 500 Throckmorton Street Fort Worth, Texas 76102 Attn: Wayne Olson Far: (817) 332-4740 Crossroads: Crossroads Square, Ltd. 5655 Lindero Canyon Road Suite 321 Westlake Village, California 91362 Attn: Frank Piani Fax: (818) 991-8698 With a copy to: Crossroads Square, Ltd. Suite 234 100 West Southlake Blvd. Southlake, Texas 76092 Attn: David McMahan Fax: (817) 329-6996 With a copy to: Munsch Hardt Kopf Harr& Dinan, P.C. 4000 Fountain Place 1445 Ross Avenue Dallas, Texas 75202-2511 Attn: Richard Wilhelm Fax: (214) 978-4326 CONTRACT OF A .F. Page 13 S%ld' IT Performance Time is of the essence in the performance of the terms of this Contract. 18. Binding Effect This Contract is binding upon and inures to the benefit of the successors and assigns of the parties. 19. Entire Agreement This Contract embodies the complete agreement between the parties and may not be varied or terminated except by written agreement of the parties. The Title Companies are not a party to this Contract and their consent is not required for any amendment, variation or termination of this Contract. 20. Attorneys' Fees In the event of litigation concerning the interpretation or enforcement of this Contract, the prevailing party is entitled to recover from the losing party its attorneys' fees, court costs, and expenses, whether at the trial or appellate level. 21. Survival Any of the provisions of this Contract pertaining to a period of time following Closing survive Closing and the delivery of the deeds and are not merged therein. All indemnities under this Contract survive any termination and the Closing of this Contract. 22. Holidays, Etc. Whenever any time limit or date provided herein falls on a Saturday, Sunday, or legal holiday under the laws of the State of Texas, then that date is extended to the next day that is not a Saturday, Sunday, or legal holiday. The term business day as used in this Contract means any day that is not a Saturday, Sunday, or legal holiday under the laws of the State of Texas. 23. Governing Law The laws of the State of Texas govern this Contract. 24. Condemnation If, prior to Closing, eminent domain proceedings are filed against all or any portion of the Exchange Tract, this Contract shall, nevertheless, continue in full force and effect and there shall CONTRACT OF SALE Page 14 ..5�/9 be no change in the Cash Consideration payable by Crossroads to the City, but Crossroads shall be able to offset any award and cost relating to obtaining such award, from the Cash Consideration payable to the City. 25. Headings Paragraph headings or captions are used in this Contract for convenience only and do not limit or otherwise affect the meaning of any provision hereof. 26. Effective Date The Effective Date of this Contract is the date the last party signs this Contract and it becomes fully executed. EXECUTED by Crossroads on /D - 2 2 , 1996. Crossroads: CROSSROADS SQUARE, LTD., a Texas limited partnership By: Pima Partners, Ltd., a Texas limited partnership, general partner By: Pima Properties, Inc., a Texas corporation, general partner By: EXECUTED by the City on (O , 1996. The City of Southlake, Texas, a Texas municipal corporation By: PAREAL\2270\17\EXCH3.KOS I r I rww 10/17/96 �D(ov C c aL r 4o CONTRACT FSALE Ca tY /� n� Page 15 FIELD NOTES CITY OF SODTE,AKE 1.174 ACRE TRACT Being a portion of a tract of land situated in the L.B.G. Hall Survey, Abstract No. 686, city of Southlake, Tarrant County, Texas and being a part of that same tract of land described in deed to the city of Southlake, recorded in Volume 10346, Page 0278, of Deed Records, Tarrant County, Texas being more particularly described as follows: BEGINNING at an iron pin at the northeast corner of Lot 2 of L.B.G. Hall No. 686 Addition, an addition to the city of Southlake as recorded in Cabinet 'A' , Slide 11216 Plat Records, Tarrant County, Texas and in the west right-of-way of White Chapel Blvd. ; THENCE along the north line of said Lot 2 South 89 degrees 56 minutes 29 seconds West 517.95 feet to a point for corner; THENCE North 00 degrees 04 minutes 36 seconds West 98.74 feet to a point for corner THENCE North 89 degrees 56 minutes 50 seconds East 518.15 feet to a point for a corner; THENCE South 00 degrees 02 minutes 11 seconds West 98.69 feet to the Point of Beginning and containing 51,139 square feet (1.174 acre) of land. ,, EXHIBIT A - Page 1 of 2 Original Scale 1" = 100' 0 50 100 200 Graphic Scale in Feet CITY OF SOUTHLAKE REMAINDER 7 ACRE TRACT CITY OF SOUTHLAKE V. 10346, P. 0279 D.R.,T.Co.,TX. A O N 89'56'50" E 518.15' a r- CITY OF SOUTHLAKE TRACT w a or Area = 1.174 Acres cV or 51,139 Square Feet 0 U _a 517.9 5' 0 o Z S 89'56'29" W E- J x REMAINDER P.O.B. Z)� I LOT2 a W L.B.G. HALL NO. 686 ADDITION (A N CAB. 'A', SLIDE #1216 a a I P.R.,T.Co.,TX. I 0,0 LO (n — EXHIBff SHOVING CITY OF SOUTHLAKE TRACT CONTAINING 1 . 174 ACRES AT SOUTHLAKE BLVD. & WHITE CHAPEL ROAD SOUTIlun, TEXAS J. E. LEN/1 TT ENGINEERS, INC. ENGINEERS - PLANNERS 726 COMMERCE STREET SUITE 104 SOUTHLAKE, TEXAS 76092 (817) 488-3313 .C.xl .ac EXHIBIT A - Page 2 of 2 FIELD NOTES • CROSSROADS SQIIARE, LTD. 1.584 ACRE TRACT Being a portion of Lot 2 of the L.B.G. Hall 'No. 686 Addition, an addition to the city of Southlake as recorded in Plat Records, Cabinet 'A' , Slide 11216, Plat Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at an iron pin at the northwest corner of said Lot 2 and the southwest corner of a tract described in deed to the city of Southlake recorded in Volume 10346, Page 0278, Deed Records, Tarrant County, Texas; THENCE along the north line of said Lot 2 North 89 degrees 56 minutes 50 seconds East 368.29 feet to a point for a corner; THENCE South 00 degrees 04 minutes 36 seconds East 188.53 feet to a point for a corner; THENCE North 89 degrees 58 minutes 09 seconds West 364.78 feet to an iron pin at the most northerly southwest corner of said Lot 2; THENCE North 01 degrees 08 minutes 53 seconds West 188.04 feet to the Point of Beginning. and containing 69,008 square feet (1.584 acres) of land. EXHIBIT B - Page 1 of 2 pp ' ® a lOG.1bi rw Original Scale i" = 100' 0 50 100 200 Graphic Scale in Feef~ CITY OF SOUTHLAKE REMAINDER : 7 ACRE TRACT V. 10346, P. 0279 I D.R.,T.Co.,TX. I CITY OF SOUTHLAKE P.O.B 368.29' ( 1.174 ACRE TRACT 3/8" I.P.F. N 89'56'50" E I o - wl b`a I M �N o `-f' �CR ADS SO., L . TRAC to ,'� W CO W 06 00 p Area = 1.584 Acres O4 00 z or 69,008 Square Feet 00 <p Z v)� W -C� Z (� Qaa m I a I.P.F. 15'=DRGESMr. v x X X rm X x x N 89'58'09" W I 364.78' I EXHIBIT SHOIRNG CROSSROADS SQUARE, LTD. TRACT ' CONTAINING 1 .584 ACRES AT SOUTHLAKE BLVD. & WHITE CHAPEL ROAD SOUTHLAKE, TEXAS J. E. LE`✓I TT ENGINEERS, INC. ENGINEERS 1 — PLANNERS 726 COMMERCE STREET SUITE 104 SOUTHLAKE, TEXAS 76092 ''s-c�rcnwe ? (817) 488-3313 EXHIBIT B - Page 2 of 2 REVISED EXISTIPIf; WALK , PROPERTY 0 LINE 5' 8UFFER YARD Q n W : �r•TL' • c C i> a '.E s . �J�.C✓'.� Ye, 6 �E� 2C a_ 6 ( O O .) 11 a t0 N � sl c E E Cn O s O E E E i 2 �I • 6 • E W \ C 6 RI 3 c -- E O LOT 2 -r n. PROPOSED EXISTING TOM THUMB FR LINE Q J EXISTING RETAIL 4 CROSSROADS SQU A RE w z -4 EXHIBIT "C" showing "NO-DEVELOPMENT" AREA at CROSSROADS SQUARE Original Scale 1" = 40' An Addition to the City of o zo 40 sa SOUTHLAKE, TARRANT COUNTY, TEXAS Graphic Scale in Feet OCTOBER 23, 1996 CS-NGDEv.mG vL �� City of Southlake, Texas STAFF REPORT March 13, 1998 CASE NO: ZA 97-157 PROJECT: Second Reading/Ordinance No. 480-267 Rezoning and Concept Plan - Hilltop Country Plaza STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 Dennis Killough, Senior Planner, 481-5581, ext. 787 i Attached is a letter from the applicant requesting that this item be tabled until the City Council meeting on April 7, 1998. L:\COMDEV\WP-FILES\MEMO\97CASES\97-157ZC.TBL I I i 'I �I I i i I I I I I 5J- 1 3-10-1998 12: 15Ft-t FwOM SOU 7 iLAKE CCM -E`% 81 7d889370 �. 2 March 10. 1998 Mr. Greg Last Community Development Director City of Southlake 667 N. Carroll Ave southlake, TX 76092 Re. Case No. - -2 Elm t Dear Mr. Last: On behalf of Berk=&* Properties. I Ray Williamson hereby request that the City Council table the above refererwod case until the Antil I199S City Council Meeting. I understand that I:needdimbmr�it, Z Sincerely. � Signature: Ray Williamson, Beachmark Properties —�--- RECD MAR 111998 ` City of Southlake, Texas I MENI0RANDUNI i March 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Chris Carpenter, Senior Comprehensive Planner SUBJECT: Village Center East Circulation Study-Request to Table This item was advertised for a public hearing for March 17, 1998, several weeks ago. We are requesting that you table the item at this meeting until the Regular City Council Meeting on April 7, 1998,to allow us time to notify all property owners of the recommendations of the Commission, time to distribute the draft study to interested parties prior to the meeting, and time to solicit and prepare any feedback prior to the public hearing at Council. Feel free to contact me at Ext. 866 should you have any questions regarding this item. C. :� CLC i L:\COMDEV\WP-FILES\PROJECTS\CORRIDOR\VC-EASTTABLEI.WPD J City of Southlake, Texas MEMORANDUM March 6, 1998 TO: Curtis E. Hawk, City Manager FROM: Chris Carpenter, Senior Comprehensive Planner SUBJECT: Village Center East Circulation Study: Draft#2 dated 3/6/98 In order to provide the City Council with an early copy of the Village Center East Circulation Study for their use in responding to public inquiry at your request,we are forwarding Draft#2 dated 3/6/98 to your attention. This draft reflects the feedback obtained from three separate property owner meetings and the recommendations of the Planning and Zoning Commission made at their 3/5/98 regular meeting. The detailed analysis of the varying options begins in the third section on page 11, and continues through the end of the report to the summary and conclusions, followed by a graphic illustration of the proposed alignments and copies of written correspondence we have received. Staff will be available to answer any questions you may have prior to and during the Council's consideration of all of these issues. CLC L:\COMDEV\WP-FILES\PROJECTS\CORRIDOR\VC-EAST\CC-MEMI.WPD , VILLAGE CENTER EAST Circulation Study Prepared by Community Development Department Draft#2 - March 9, 1998 A - EAST __j 4.-WL�(f- F- 'k\\ i;M � k'3 Table of Contents I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 A. Problem Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 B. Goal of Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 II. ANALYSIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A. Existing Conditions . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Topography/Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Existing Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Future Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5. Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 B. Regulatory Impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1. Master Thoroughfare Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2. Driveway Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3. TxDOT Impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 III. CONCEPTUAL ALTERNATIVES FOR CIRCULATION ROUTES . . 11 A. Western Section of Village Center East . . . . . . . . . . . . . . . . . . . . . . . . . 11 B. Eastern Section of Village Center East . . . . . . . . . . . . . . . . . . . . . . . . . . 13 C. Additional Discussion Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 IV. CONCLUSIONS AND RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . 15 VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT# (MARCH 9,1998) Page 2 of 15 I. INTRODUCTION On November 18, 1997, the Southlake City Council asked the staff to look at potential collector-level streets and other internal circulation systems that might impact the area P called Village Center East, as defined by the F Southlake Corridor - Study adopted in August of 1995. This area is bounded by SH 114 on - the north, FM 1709 on Figure 1: Area known as Village Center East the south, and Kimball Avenue on the west. A. Problem Definition There are several developments underway or proposed in this area for which a comprehensive circulation plan is not currently in place. There are also a number of tracts in this area which are very deep and for which more adequate public road frontage might improve their access. B. Goal of Study The intent of the analysis is to try to determine appropriate locations, if any, for collector- level roadways through the area and how they might align with potential roadways south of FM 1709. An evaluation will be performed based on topography, tract locations, land ownership patterns, and potential development scenarios in compliance with the Land Use Plan. VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#Z (MARCH 9,1998) Page 3 of 15 Er- - S II. ANALYSIS A. Existing Conditions To follow are various existing conditions in and around the Village Center East area which may impact the locations of future vehicular circulation patterns. Topography/Drainage The basis for the topographical portion of , ie f' ,A this study is the City of t I _ - _ 1A 19C Southlake topography 1 -' � 1 at. —` -=— map based on the USGS T _ topographical �' _ J,,,�, C�'�I quadrangle sheets, set at 10-foot contours. As o supplements to the USGS topographical -- rains e o I Channel W I rains a rams a �, � +� Q 9 Channel"C' Z W maps, as-built Texas ` ', �t 1 Channel Department of ZA Pamn rk -' _ All7 IUl LU'9 Transportation(TxDOT) - �:-.._. i • !.• -..- �'_ _ _ topographical elevation r- ` for F.M. 1709 and site- TT specific spot elevations - -- -- -x' AC from development Figure 2: Topography in Village Center East(10' contours shown) projects were also used. The main topographical issue with the location of any vehicular circulation in the Village Center East area is the minimization of the impact of vertical curves for traffic safety purposes. A secondary issue related to topography is the minimization of the grading cuts and fills necessary to accommodate a future road bed. As noted in Figure 2, the general area centered roughly between Georgetown Park and "Drainage Channel A" near the intersection of Crooked Lane and F.M. 1709 has adequate topography to accommodate a north-south R.O.W. without too compromising of a grade change. It is therefore recommended that any north-south R.O.W. west of the drainage channel be located roughly along that area to minimize sight line hazards for traffic on F.M. 1709 approaching a proposed intersection. The southerly end of Drainage Channel A, as well as the entirety of Drainage Channels B and C,pose moderate,yet not overwhelming, grading and drainage concerns which are preliminarily believed to be adequately traversed with minimal or moderate engineering costs. VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#2 I(,MARCH 9,1998) Page 4 of 15 Existing Land Use As noted in Figure 3, the property in this area is largely undeveloped , nFKWD characterized by long-time existing 00 residences with the Use:RetaiWacant00 Zoning:C-3 Use:Vacant 9 Use:Residences exceptions Of Zoning:AG Zoning:AG,SF-1A relatively new office Use:offices Use:Bank Use:Residences Zoning:0.1 (Georgetown Park) Zoning:C-2 Zoning:AG and light retail uses Use:Res idences P Use:Offices (Liberty Bank, Zoning:C-2 Zoning:AG,SF-1A McDonald's) at varying points. Use:Residences Zoning:AG Zoning in the area is largely Agricultural, Pit with the exception of W the retail zoning near and adjacent to Figure 3:Existing Uses and Zoning Kimball Avenue (existing McDonald's and proposed retail center uses on Hanover property adjacent and to the east). The Oak Knolls area to the far east is characterized by long-time residences, several of which are leased, and a small area of professional office buildings. Future Land Use The predominant future land use category in this area is Mixed Use. This area has long been recognized as a future site of some of the more substantial retail development in Southlake, due mainly to its location between two state highways. During the 1997-1998 update of the Land Use Plan, existing retail zoning in the area was recognized as such and given the new designation of Retail Commercial, which prescribes a predominantly planned, retail development. The area of newly designated Retail Commercial which was taken out of the previous Mixed Use area is roughly that area around the "Retail/Vacant" label in Figure 3 above, from F.M. 1709 to S.H. 114. The southern portion of the above-described area is also with the 75 LDN zone of the Airport Overlay District, with a majority of the remainder of the area within the 65 LDN zone. VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#? (MARCH 9,1998) Page 5 of 15 6K-1 It is possible from the scanned aerial photograph to the right(Figure 4)to get a rough idea of the limits of existing tree cover and how a proposed R.O.W. would affect the area. The only significant change from the time this aerial photograph was taken to the present is the addition of the Georgetown P a r k , office/retail ,g development, which is s i t u a t e d approximately one-third of the Figure 4:Limits of existing tree cover way east between the Kimball Avenue and Crooked Lane intersections on the south side of F.M. 1709. Note that the most dense concentration of trees exists on the north side of Crooked Lane on the opposite side of the entrance to the Cornerstone Business park development, and on the north side of F.M. 1709 adjacent to the drainage channels. Ownership The Tarrant Appraisal District (TAD) records of ownership as of September 1, 1997 (see Figure 5, next page), indicate a varied record of ownership in the area. However, through conversations with varied interests in the area, it is necessary to provide a more recent description of property ownership changes as they may relate development. For example,there has been a recent development submittal received by the city for which an agglomeration of owners (Cavallino Properties, Four Bear Creek, Ltd., Conner Lam, Hanover Properties)has joined to promote a larger-scale development in the Kimball Avenue area. There were also several individuals present at the second property owner meeting (eastern section)who stated that they are currently under contract to sell their property to a person who already owns several other substantial properties in the eastern section. Additionally,many of the current residents of Oak Knolls Lakeview stated that they would be interested in working together as a neighborhood to comprehensively plan the future use of their properties as one unit. Therefore, the prevailing expectation is that a large majority VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#2 MARCH 9,1998) Page 6 of 15 S . -S`T PKYYY EAST � J no W Figure 5: TAD ownership records of Village Center East will develop, at some undetermined point in the future, as only a handful of mostly larger-scale,master-planned developments, if current patterns are realized. An initial meeting for property owners on the western portion of the area was held on Tuesday,January 27, 1998 to informally discuss this issue. The major result of that meeting was a general consensus among the participants that a future collector-level street would enhance property values and contribute to a more orderly development pattern. Some of the constructive comments from participants at that meeting included the attempt to locate a possible roadway on common lot lines in as many places as possible and the preference for a straighter alignment (and less associated cost). Soon after that meeting, a meeting for property owners in the eastern portion of this area was held on Tuesday, February 17, 1998 to informally discuss possible roadways through the eastern half of the area. Results of this meeting could be said to generally include favorable viewpoints on a comprehensively planned access system; general agreement with the location of.a roadway from the new N.W. Hwy overpass to Commerce Street; the need to pay careful attention to where any east-west common access drive may be located; and the possible addition of a north/south road alignment roughly from the existing Crooked Lane VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#2 (MARCH 9,1998) Page 7 of 15 r2�--9 to Austin Place only if it made sense from a unified ownership front in Oak Knolls Lakeview. i meeting with all property owners was held on March 2 1998 to solicit an A third g p p y y additional feedback and to propose several more alternatives for the western portion of the study area due to the inflexibility of controlled access areas for roadways intersecting S.H. 114 frontage roads, as noted in the "TxDOT Impacts"paragraph below. The results of that meeting, as well as the discussion and recommendation by the Planning and Zoning Commission for this study, are summarized in the"Conceptual Alternatives for Circulation Routes" section beginning on page 11. B. Regulatory Impacts All future roadway and development projects operate under various sets of standards which shape their physical design in many ways. Three of the more critical sets of standards that apply to a new Village Center East collector alignment are those of Master Thoroughfare Plan (MTP)implications, driveway limitations set forth in the City of Southlake Driveway Ordinance No. 634, and the standards TxDOT uses to regulate local thoroughfare interaction in the area of state highways. Master Thoroughfare Plan The MTP sets forth the planned future state of all major roadways in the city, and as such, is a policy instrument used by city officials to plan for adequate circulation of traffic by means of acquiring right-of-way dedications necessary to accomplish a majority of these future expansions. The Village Center East interior area has not been historically included in the roadways plans of past MTPs, due to a long-standing policy of designating only existing thoroughfares as arterials or collectors,with"the locations of(new) facilities(being) a function of the design of the individual developments," as stated in the MTP text. Bearing this in mind, staff was asked to take a proactive approach to planning for the rapidly approaching new development in the Village Center East area, and by gaining as much insight as possible into possible development scenarios, plan new collector routes and facilitate the right-of-way alignments as described in the MTP to accommodate the best patterns possible. Driveway Limitations A major impetus for locating proposed roadways and internal access drives within Village Center East comes from the City of Southlake's detailed requirements in Driveway Ordinance No. 634. These driveway regulations include stacking requirements, possible auxiliary lanes, minimum distances from an intersections, minimum driveway centerline spacings, and other criteria used to limit the proliferation of drive cuts and subsequent roadway hazards along city streets. With well-placed collector access and internal drives, many of the problems addressed by the Driveway Ordinance are eliminated. VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#2 (MARCH 9,1998) Page 8 of 15 Lots with sufficient frontage to safely meet the design requirements of the Driveway Ordinance may be permitted their own driveways without the necessity of variances being granted. A common access easement may be required between adjacent lots fronting on a major street facility or collector or local street in order to minimize the total number of access points along those streets and to facilitate traffic flow between lots. An existing common access easement on lots fronting on F.M. 1709 connects the Southlake Center at Kimball with Georgetown Park, for example. It is the intent of this Circulation Study to promote the use of common access drives internal to the development to gather and direct traffic to the new collector street location(s). At a minimum, the size of the common access easement must be twenty-six(26)feet wide and forty-two(42')feet deep for commercial and service driveways. When the center of the easement is offset from the common lot line, the easement must extend past the lot line a minimum distance of one (1) foot. As a condition of a Driveway Permit, the Applicant shall provide a deceleration lane for any driveway located on an arterial street (or the state highways, in this case) if the right turn ingress volume exceeds 40 right turn ingress vehicles occur in the design hour(100 vehicles if the design hour occurs on a Sunday). However,no driveway shall be permitted within the transition area of any dedicated right turn or deceleration lane. A continuous deceleration lane may be required as a condition of a driveway permit when two or more deceleration lanes are planned and their proximity necessitates that they be combined for proper traffic flow and safety. The transition taper for a continuous deceleration lane shall not extend into or beyond a public street intersection. The width of the properties in the Village Center East area fronting on F.M. 1709 could create an almost continuous deceleration lane, if drive access was granted for each parcel. The current scenario on F.M. 1709 consists of the following existing commercial driveways between Kimball Avenue and Commerce Street: Southlake Center at Kimball (full-in/right- out and shared full-access drive with Dynamic Travel), Georgetown Park(full-access) and Shur Guard(one full-access and one right-in/right-out) on the south side of F.M. 1709 and Liberty Bank(full-access) on the north. Within the parameters of the Driveway Ordinance, these conditions yield only two possible right-in/right-out drive cuts on the south, and either two right-in/right-out or one full-access drive cut on the north (assuming that Northwest Highway will extend from the planned bridge overpass to intersect F.M. 1709 at Commerce). There are currently no commercial drives on S.H. 114 in the study area other than those of Dr. Tate's office in Oak Knolls Business Park. Several of the tracts of land contained within the Village Center East area are land-locked. In addition, the majority of the parcels are two acres or greater in size, with a single owner on most tracts. Collector-level roads and internal circulation drives in this area would greatly reduce the need for drive access to F.M. 1709 and S.H. 114 frontage roads for individual parcels and encourage traffic patterns to flow through common access drives. RDOT Impacts The main issues concerning proposed Village Center East roadways from the perspective of the Texas Department of Transportation is the manner in which these new roadways would VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#2 (MARCH 9,1998) Page 9 of 15 C,- ,7 �l1 interface with existing and planned state highway facilities. In reality, the layout and design of these facilities undergoes rigorous study and must meet rather stringent design tolerances; there is little room for flexibility within these standards. The conceptual geometric design for the planned S.H. 114 expansion has been in place for nearly ten years. Based on this plan, TxDOT engineers are finishing the construction design in most parts of Southlake. These plans include the areas of"controlled access"where on- ramps and off-ramps from the freeway main lanes interface with the access roads. Based on recent discussions with TxDOT design engineers, these areas of controlled access are firmly in place and would allow only a few feet of leeway either direction, based mainly on the stringent engineering design standards mentioned above as well as the possibility of adversely affecting access to property resulting from their adjustment. City staff discussed with TxDOT the merits of allowing for a few hundred feet of westerly "shift"in the location of the eastbound off-ramp past Kimball Avenue to accommodate the Option "C" alignment in Figure 6 attached to this report, mainly because it followed common property lines in the most unconstrained alignment. However, again, due to geometric requirements necessary for safe and adequate`weave" area downstream of this off-ramp,the TxDOT staff has declined to allow this adjustment. Bearing this in mind, the northern connection of the north-south roadway in the western section of Village Center East must fall in a location farther east than the preferred alternative discussed at the first property owner meeting. The TxDOT personnel expressed no concern for any of the other possible interface areas discussed in the property owner meetings. VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#2 (MARCH 9,1998) Page 10 of 15 III. CONCEPTUAL ALTERNATIVES FOR CIRCULATION ROUTES The entirety of Village Center East was divided into two parts for study purposes: east and west of the major Drainage Channel "A" as previously discussed. Though divided for study purposes, there are interrelated items from both groups that will be mentioned as such. The first series of conceptual alternatives begins with the options discussed for the western portion (see Exhibit 6 following this report for a graphic depiction of the combined alternatives). A. Western Section of Village Center East Option "A" This alignment was originally proposed by Richard Myers as part of their Georgetown Park development. It was intended to provide a connection to Crooked Lane at the intersection with the proposed Nolan Drive (originally proposed as Graphics Drive) entering into the Cornerstone Business Park. Benefits to this alignment are that we have receptive landowners offering immediate dedication of the ROW and construction of the roadway along their portion of the roadway. Detriments to this alignment include a difficulty in extending the roadway north of F.M. 1709 in a location that would benefit the most property, and the juxtaposition of the existing drive for the Liberty Bank site. Other considerations include difficulty with the southern extension of the roadway through the Williams and White tracts and the possibility that it might create some awkward geometry and lotting in order to complete the connection to Nolan Drive. The Planning and Zoning Commission's recommendation on March 5, 1998, omitted this alignment as a preferred alternative. Option "B" As discussion progressed and continued phases of Georgetown Park were processed, this alternative was proposed by Mr. Myers to try to address some of the issues noted in Option "A" above. Benefits to this alignment include better geometry through the Williams and White tracts north of Crooked Lane. Detriments to this alignment include a lack of receptiveness from Ray Williams,the developer of the proposed Hilltop Country Plaza north of FM 1709 due to the fact that it bisected his property and would require a significant dedication of right-of-way from his property. The Planning and Zoning Commission's recommendation on March 5, 1998,omitted this alignment south of F.M. 1709 as a preferred alternative. Option ''C', This option is an alternative offered by staff during our first group meeting of the property owners on the west half of Village Center East. Benefits of this alignment were mainly that it would be aligned along the common lot lines of multiple property owners and appeared to be equitable in its alignment and need for right-of-way dedication. It also has the benefit of the best geometry on the Williams and White tracts just north of Crooked Lane in that it intersects Crooked Lane at a near perpendicular connection and provides for a satisfactory VILLAGE CE`TER EAST-CIRCULATION STUDY:DRAFT#2 (MARCH 9,1998) Page 11 of 15 lottincy pattern on both sides of the proposed right-of-way. During the land owner meeting of January 28, 1998, there was general consensus that Option "C" would be the best alignment for all affected parties. An issue has arisen since the landowner meetings regarding the connection point of Option "C"to S.H. 114. Both Options`B"and"C"combined at the north-south midpoint of Village Center East along common property lines and continued north to the future south frontage road along S.H. 114. At the time of generation of this option, information regarding restricted access along S.H. 114 was not available. As a result of a recent meeting with TxDOT representatives, it has become apparent that the point of connection shown for both "B"and"C"is within a restricted access area of the frontage road due to an east-bound off- ramp alignment. Discussions with TxDOT regarding any flexibility in relocating ramps and therefore modifying the location of the restricted access zones concluded that there were too many geometric engineering prohibitions to modifying these alignments. This issue, as well as the additional alternatives noted below, were presented to landowners at the meeting on March 2, 1998, and to the Planning and Zoning Commission on March 5, 1998. The Option "C" alignment was omitted by the Commission as a preferred alternative. Option "H" As a result of the restricted access limitation along S.H. 114, new alternatives "H, I and F were proposed. Alternative "H" is a minor alignment change shifting the far north end of the`B-C"options east to the point that it is outside of the restricted access area. This option was shifted east rather than west due to the fact that this location would be downstream of the east-bound off-ramp,thereby allowing better access to the Village Center East properties. Benefits of this option include anticipated support from the other property owners who are not affected by the new alignment and the enhanced access due to the location downstream of the off-ramp. The Vogels, the property owners most impacted by this shift across their property, indicated to staff immediately prior to the public hearing on March 5, 1998, that they were not receptive to any roadway alignments on their property at this time due to ongoing discussions with a prospective purchaser. The remainder of property owners in this area have stated no concern with this option. The Planning and Zoning Commission's recommendation on March 5, 1998, omitted this alignment north of F.M. 1709 as a preferred alternative. Option "I" This is the second of the options resulting from the restricted access limitation. Benefits to this option include a more perpendicular intersection with F.M. 1709 and the fact that a significant portion of the alignment is along common property lines on the northern segment of the alignment. The bisecting of the Harrell property is seen as a negative impact to Mr. Harrell (see letter attached). Mr. Harrell stated in the third property owner meeting, as well as in the public hearing at P&Z on March 5, that he plans no immediate non-residential use of his property, and he also would be concerned about the loss of a significant portion of it to right-of-way in the event Option "I" was implemented in the future. The Planning and VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#2 (MARCH 9,1998) Page 12 of 15 6�-/ -/q Zoning Commission's recommendation on March 5, 1998, omitted this alignment north of F.M. 1709 as a preferred alternative. Opt ion "J" The final option addressing the restricted access limitation accommodates the significant benefit of Option "C" by providing that the majority of the alignment be located along common property lines. Another benefit includes the likelihood that a perpendicular intersection with FM 1709 could be accomplished. A potential detriment to this alignment is the geometry and resulting lotting pattern on the Williams and White tracts just north of Crooked Lane. The geometry may make it more difficult to obtain a perpendicular intersection at Crooked Lane and the lot(s) east-of the proposed roadway would need to be evaluated for buildable area. Mrs. Gordon,whose property would share a common right-of way alignment with the Stevenson tract to the west, indicated in the third property owner meeting, as well as in the public hearing at P&Z on March 5, that she plans no immediate non-residential use of his property, and therefore would not be eager to participate in any accelerated right-of-way alignment on her property at this time. The Planning and Zoning Commission approved a recommendation supporting this conceptual alignment at the public hearing on March 5, 1998. B. Eastern Section of Village Center East Option "D" This alignment is one of the more easily defined options in the study. The purpose of this alignment is to connect the future Northwest Highway(Business 114)bridge over S.H. 114 from its connection with the south frontage road of S.H. 114 through the Village Center East property and connecting to Commerce Street at F.M. 1709. It is anticipated that there will be a traffic signal at Commerce Street in the near future. This alternative has received favorable review by the affected landowners. The Planning and Zoning Commission approved a recommendation supporting this conceptual alignment at the public hearing on March 5, 1998. Option "E" This focus area is designated in order to recognize a need to improve the geometry for the intersection of Crooked Lane at F.M. 1709. During previous draft disseminations to landowners, a proposed roadway extension to the north of FM 1709 was located along the western line of the McCarty tract and provided for a generally perpendicular intersection geometry for Crooked Lane. Feedback received from the McCarty's reflected no desire to have this proposed alignment impact their property in any way so the north line was shifted to the east. The option"E" is remaining in order to recognize the fact that at some point in time, some consideration needs to be given to creating a safer intersection of Crooked Lane with F.M. 1709. The Planning and Zoning Commission approved a recommendation supporting this conceptual alignment at the public hearing on March 5, 1998. VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#Z (MARCH 9,1998) Page 13 of 15 6,e -IS Option "F" This option is the only option that reflects the possibility of an internal circulation drive not intersecting with F.M. 1709 or S.H. 114. This option is shown due to the depth of the properties which front along F.M. 1709. The general consensus is that these properties are so deep that there will likely be uses along FM 1709 as well as uses that access internal to the property. The loop connection between options "G" and "D" is provided conceptually to note that some connectivity would be beneficial here to allow movement to and from the more controlled intersections of Commerce Street and Crooked Lane. Mr. Yates (letter attached) expresses concern with this drive location only if his property were not to develop as part of the planned development for which his property is currently under contract. The Planning and Zoning Commission approved a recommendation supporting this conceptual alignment at the public hearing on March 5, 1998. Option "G" This option initially did not connect from F.M. 1709 to the existing Austin Place in the Oak Knoll subdivision. During our first east-side landowner meeting it was discussed that this option might be shown and would most likely be pursued if the entire area, including Oak Knoll,were developed comprehensively rather than having each individual lot in Oak Knoll transition in uses over a long period of time. It is unlikely that this connection would be made should the Oak Knoll area retain its residential character. Benefits of this option include enhanced north-south access and an additional location to access S.H. 114 east- bound. The connection of Austin Place is upstream of the east-bound on-ramp for S.H. 114. This connection point could significantly reduce the congestion at the FM 1709/ S.H. 114 intersection, particularly for east-bound traffic. The Planning and Zoning Commission approved a recommendation supporting this conceptual alignment at the public hearing on March 5, 1998. C. Additional Discussion Points East-West Creek Crossing There has been some discussion regarding the benefits of having an east-west connection between the eastern and western portions of Village Center East. We have been hesitant to draw a line and advocate this connection due to the breadth and depth of the valley/ creek dividing the Village Center East area. Depending on the type of development to occur in this area, it may be possible to accommodate a lesser impact roadway or internal drive which could provide for greater internal access. At this time it seemed prohibitive to advocate such a significant cost of crossing the creek via bridge structure or significant drainage structure. At the March 5, 1998,public hearing,Planning and Zoning Commissioner LeVrier discussed the feasibility of such an east-west connection. Staff indicated that the possibility of further study exists to accommodate some lower-intensity connection through this sensitive area, but it would perhaps be better evaluated at the time of user-specific development requests for that area. VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#2 (MARCH 9,1998) Page 14 of 15 45 /Z -/� CID 10 5- > co 3 00 no 6 i 0 0 = 0 w 3 9L I = W I =0 .1 1 1 x 0 3 0 —j CID 'a 0 ci cl) 0 1 6 (A I L 0 0 A%P 0 C, CL a M, 0 i Rl Four Bear Oeek CL 0 033 ;3 0 1*0 lu CIS im 4 If r 00 r x Ol CD I x .96 4% Gordon • •AbI rL U) > 0 L 7-- C o< I McCarty m Bumps MUM C) Marks 0 co IGI -L> COO. 1 0 CD m 0 = r- I = 3 -4 0 w 1 03 'Wood w < co ISM i Johnson > 0 > 5- Z co 3 Z- C, 0 >z C)(D I w 0 ci Holler 1 3 3 0 i -4 2 3 to T 00 0 IV. CONCLUSIONS AND RECOMMENDATIONS The Planningand Zoning Commission as indicated in the preceding section recommended � P g approval (5-1, Creighton opposed) of conceptual Option "J" on the western portion of Village Center East and approval for the conceptual alignments as shown for the eastern section. The majority of the Commission indicated that the ability to share common right-of- way in the Option J" configuration to the satisfaction of all property owners except Mrs. Gordon to be a deciding factor. In summary,we believe at this time that there is fairly unified support from all landowners for the alignments "D, F and G" and a desire to accomplish the goals noted in Option"E" on the eastern portion, and varying interest from property owners for the alignments on the western portion driven by the wide variety of expected timing issues as far as a transition of use from residential to non-residential is concerned. Obviously some of the alignments are also subject to a variety of anticipated patterns for development. (Please see Figure 7 for the conceptual roadway alignments recommended by the Planning and Zoning Commission on March 5, 1998.) Overall, this circulation study has been received well by the landowners who have recognized the potential benefits from working together comprehensively to develop these areas for the mutual benefit of the landowners, adjacent affected landowners, and ultimately for the benefit and long term value enhancement,both financially and socially,to the citizens of Southlake. VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT#2 (MARCH 9,1998) Page 15 of 15 5 16 - 18 LP • m ■ o A ^ m • _ 7 • � ! 67 r a • m � o m CD GO • zRk cm, � R • 3 . a v �. u a 0 _ to • o ,•C k 1 Four Bear Creek ••• ;: � ?� •fir!:::•::• rn 17 0 f yyyy r7�S rp � I - I � t9 i I I CA O I = D X I O � Stevenson I 9L�j ...... 3 01 ' a $ I O X A a Q d II 3 M I' _ Gordon I I I P N O 03 I I nI O � O I --- v~i kp �] o cu I 9 W CD cD ' m Bu / i � �D I p i — , • . Marks 00 cn -r � o d :3 1 / i'^ YVoo� Woad a I— �—, I—Y • 51 i pp I u O O • ` Johnson DD 1 3 (D __ 3 3 I —? , ( I I ID, m • 3 I Z o I =co a N o I Bradrord • I n r •�+ y ion 01 cn � I Honer -HAM 1 3 I W o 13 CD Prudential LM ,aMAlTON" 203 East Northwest Highway,Grapevine A 78051 Bus 81 7 481-2573 Fax 817 481.1113 Mr. Greg Last City of Southlake 667 N. Carroll Ave. Southlake,Texas 76092 VIA FAX 498-9370 March 3, 1998 RE: Village Center East Circulation Study Dear Greg: I appreciate your informative and well organized meeting of Monday,March 2nd, informing land owners and interested parties regarding potential roadways in Village Center East. I have been authorized to speak on behalf of the Harrell and Stevenson tracts, which are in the geographic cater of Village Center East. Mr. Harrell does not look favorably on alternative`r,which cuts diagonally through his property. However,both Mr. Harrell and Mr. Sathre(Stevenson tract)would consider cooperating in right-of-way dedication for plan"P'. The obvious benefits of plan "J"are that it is the most direct and cost effective route. It follows existing property lines and creates a definitive right angle road crossing as it intersects Southlake Boulevard. I will appreciate your conveyance of these issues to all relevant parties. Please feel free to contact me if I may be of any assistance. Sincerely- ncerely— Prudential Lou Hillman, REALTORS DL/cb CC: ( )June Stevenson O Michael Sathre O Glenn Harrell RECD M�1 0 5 1998 •M,n*pandw tlp averd are oow.ra m.+ier of Tha Pndrt�l Rad brad altilla�.Mc Mar-06-98 09:28A BYK INC 9/� G4G 55b r u� IM Y j � . 1410 DUNN DR. • CARROLLTON,TEXAS 75006 2141245-5533 MW(zh 5, 199a Chn.iA L. Catpente,%,AICP Compneken's.ive. Pturuten City oe South.take 667 No.tth CanAo.P_.Z Avenue Sauth&ke, Tex.ae 76092 SubJe.ct.: vittage CeriteA Ea6t Utc talon Study Vhast 01 Feb 27, 1995 DM S.ih: Aa the ownivt of the Va.te.6 p&opex-y ahowvi on the a4tached exh,tb.it, I woutd .Q ke to go anti n.eYand ae to my op.inc,on u-90, ding .tile. Poxentiat Intexna,t Common VAi,ve "F" %e6eAAed to an the Captioned study. M{y p.noperrty i.e cwc)tentty u.nden, cantna.ct to Mx. Teu.y Gla.fhi.n.4on who eaormitted to me. on .MoAch 2, 1998 that he. has 6utP. intentions to ctoa8 on the puAcWe, 04 my p,%cpe.4 ty. Shoutd the ctoz.Ag oc.cuA, I obui.caAty have no pnobt.em W k In.te,%nat D.n,i.ve "F". In the event that M&. iu.itki.nAorc does not acqu.uee rqy ptopeMty, I have. e.igniAieant cone.eina about .the need jot 1n.tennaL Qni.ve "F" and .the. w2gative irpa,:..t it eou.td putenti,attV have on the. va,Lue, 04 my n)tcpetty. 7 wLZt. not be abte .to attend .the Maneh 5th rree..Li rt aj tile PCtutning and Zoning Ccmrrriee-�or, as I W. tx be aut Ja tnc4n orc ous�neae. S.ixcemiy, Ceeii M. Ala .0 L �� City of Southlake, Texas MEMORANDUM March 13. 1998 TO: Curtis E. Hawk. City Manager FROM: Bob Whitehead. Director of Public Works SUBJECT: Ordinance No. 699, 2"d reading, adopting a cross-connection control policy Staff requests that the second reading of Ordinance No. 699 be tabled and the public hearing be continued to the April 7, 1998 Regular City Council Meeting. The city attorneys and staff are still reviewing changes to implement requests by City Council. B W/cre SL-1 City of Southlake,Texas MEMORANDUM March 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to sign an Indemnification Agreement with Trinity River Authority for the Denton Creek Wastewater Interceptor Pressure System BACKGROUND The City has an interlocal agreement with Trinity River Authority (TRA) to provide the easements and/or deeds for the construction of the Denton Creek Pressure System from North White Chapel Blvd. to the TRA treatment plant north of Roanoke. The necessary easements were obtained and TRA has constructed the lift station and pipeline. However, the title company can not close on two of the properties because the original, signed documents are lost. Therefore, we are having the documents signed again. Both properties are with Maguire Partners/IBM, they are willing to sign the documents but it will take time for both partners to do so. In the mean time city crews are removing 10 to 12 loads of sewage a day from the N-1 sewer line by pumping out from a manhole along Dove Rd. DISCUSSION TRA will not put into service the lift station until clear title has been filed at the County. This means we will need to continue to transport the sewage. Staff has contacted and urged TRA to find a way to bypass our dilemma over the last few months. On Thursday, March 12, 1998, all parties finally agreed that the documents are lost and need to be signed again. TRA agreed to an indemnification agreement as a way to allow them to start operating the lift station. TRA, essentially, needs to be indemnified against any actions or claims that could arise surrounding the land acquisition. The City's attorneys have not reviewed the attached agreement at the time of this memo. 5M- 1 RECOMMENDATION Staff recommends, base upon the an attorney recommendations, that Council authorize the Mayor to enter into an Indemnification Agreement with TRA for the Denton Creek Wastewater Interceptor Pressure System. Please place this item on the March 17, 1998 Regular City Council Agenda for City Council review and consideration. B W/cre Attachment: Indemnification Agreement 5M-2 03 13 93 12: 43 V3 17 46.5 0970 TRA �002 002 March 13, 1998 Mr. Warren N. Brewer Regional Manager Northern Region Trinity River Authority of Texas P.O. Box 240 A,-lington, Texas 76004 RE: Denton Creek Wastewater Interceptor Pressure System. Phase III Sections# 1, # 2, # 3 and Kirkwood Pump Station Indemnification Agreement Dear Mr. Brewer As described in the Interlocal Agreement dated October 26, 1994, regarding the above- referenced project, the City of Southlake obligated itself to provide for the acquisition of all land rights necessary for the project, said land rights to be conveyed free and clear of all liens and supported by title insurance. The City of Southlake has yet to complete its required iand rights acquisition, nor has the City conveyed or assigned said land rights to the Authority The City would Jke to discharge wastewater flow into the Kirkwood Pump Station in order to provide wastewater services to its residents as soon as possible, and therefore, the City of Southlake now requests the Authority's approval for the existing pipeline plug to be removed and allow the City to discharge said flow into the Pressure System. In consideration of the Authority granting the City's request, the City of Southlake hereby promises and obligates itself, in accordance with said Interfocal Agreement, to aggressively pursue the completion of all land rights acquisitior in accordance with the Authority's standards and requirements. Moreover, the City of Southlake hereby agrees to release, indemnify and hold harmless the Trinity River Authority of Texas, its officers, agents, employees. contractors, subcontractors and any other party in privity with the Authority or any one of them against any and all clairns, demands, damages, cost and expenses, including reasonable attorney's fees for the defense of such claims and demands which may arise as a result of the City's acquisition or lack of acquisition of the fee simple properties, easements, land rights, licenses, permits and rghts-of-way as related to said Interlocal Agreement_ The City of Southlake agrees that the Authority's acceptance of this letter and Indemnification Agreement shall not be deemed as a waiver of:he October 26, 1994. Interlocal Agreement between the City and the Authority, and said Interlocal Agreement shall remain in full force and effect. Sincerely yours, Mayor of City of Southlake 5M-3 City of Southlake, Texas STAFF REPORT March 13, 1998 CASE NO: ZA 98-003 PROJECT: Second Reading, Ordinance No. 480-271 Zoning Change/T. M. Hood No. 706 Addition STAFF CONTACT: Karen Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as approximately 4.005 acres situated in"the Thomas M. Hood Survey, Abstract No. j 706, and being Tract -3 D. LOCATION: 1425 North Peytonville Avenue, being on the east side of North Peytonville Avenue and being approximately 600' south of the intersection of Coventry Lane and North Peytonville Avenue. I OWNERS: Don W. Moilan, Jr., and Mary E. Moilan j APPLICANT: Darrell Lake I CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-IA" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Eighteen (18) RESPONSES: Nine (9) responses were received within the 200' notification area: j Don W. and Mary E. Moilan, 1425 North Peytonville Avenue, Southlake, Texas, in favor of. (Received 1/28/98) "The rezoning will add to the beautification of the Coventry Addition thus increasing its market value and eye appeal." • James A. Russell (Southlake-Coventry, Ltd.), 16250 Dallas Parktivay Suite 210, Dallas, Texas, undecided. See attached letter requesting further information on proposed street and lot configuration. (Staff has responded to this request.) (Received 1/27/98) Timothy Orfield, 1603 Kings Court, Southlake, Texas, in favor of. (Received 1/30/98) `i A l 1 City of Southlake, Texas • David and Laura Hill, 2200 Yorkshire Court. Grapevine, Texas, opposed. "Why are we stacking homes on such a long narrow lot? This will impact the adjoining land owners/ everyone will want to sell their backyards. In 5 years they can add a third home to the property'? - if the zoning is SF- IA! This change cannot be made!" (Received 2/2/98) • Mark and Janet Schmidt, 1602 Devon Court, Southlake, Texas, opposed. (Received 2/3/98) Todd Murphy, 1600 Kings Court, Southlake, Texas, opposed. j (Received 2/4/98) • Randolph J. Bradley, 1375 North Peytonville Avenue, Southlake, Texas, in favor of. "I am in full support of the zoning change proposed on this property. These people have every right to rezone this property to promote its sale." (Received 2/5/98) • Mark and Terri Messing, 1505 Coventry Lane, Southlake, Texas, undecided. See attached letter. (Received 2/5/98) • Richard and Annette Borkowski, 1201 Cypress Creek Circle, Southlake, Texas, undecided. "Until such time we have had j information that describes the proposed changes provided to us, we cannot make a decision." (Received 2/5/98) I Seven (7)responses were received outside the 200'notification area: • Sandra Edelman, 922 Turnberry Lane, Southlake, Texas, opposed. "The property is too narrow and it is important to preserve a few-of the 1 acre plus tracts of land that are left in Southlake. Southlake is already starting to look like Plano and Coppell!" (Received 2/3/98) • Wallace E. Downey, 1353 TVoodbrook Lane, Southlake, Texas, opposed. (Received 2/3/98) • Carol Terlip, 912 Suffolk Court, Southlake, Texas, opposed. "The property in question is long and narrow and would not accommodate another row of homes properly. It would be too crowded. In addition, it would have negative implications for Peytonville Avenue. With a new school scheduled to be built, it would add to the congestion." (Received 2/4/98) • .11ary Ann 11iltenberger, 1506 Newcastle, Southlake, Texas, opposed. "Stacking of 2 homes on this long narrow property and also the future implications of this zoning change for the rest of Peytonville Avenue." (Received 2/5/98) David J. Laroche, 1509 Norwich Court, Southlake, Texas, opposed. "The future implications if this zoning change for the rest of Peytonville Avenue." (Received 2/5/98) • John and Susan C�erwonka, 921 Turnberry Lane, Southlake, Texas, in favor of. (Received 2/18/98) i i City of Southlake, Texas i • Jerry and Debby Daniel, 1600 Devon Court, Southlake, Texas, opposed. "We are opposed to this re-zoning until further advised as to what they plan to do with this land." (Received 2/6/98) P&Z ACTION: February 5, 1998; Approved(7-0) applicant's request to table and to continue the Public Hearing to the February 19, 1998, Planning and Zoning Commission meeting. February 19, 1998; Approved (6-0). COUNCIL ACTION: March 3, 1998; Approved (7-0) First Reading. I STAFF COMMENTS: Please note that a change of zoning to the "SF-IA" Single Family Residential District does not require a Concept Plan Review by Staff. L:\COMDEV\WP-FILES\MEMO\98CASES\98-003Z.WPD i i I I i I i I i I ----------------------- - W P► / III - ANY. CE' -- �pyCS `p�1P cc ~; P GI .'�cv�p ill i 'ai _I v"QPz51 S O -- -J - RP SCHoa. TRACT MAP I I R -y s % 1 o o+ 5 "1 ,2D I . O • 1 ,' 0 nl � 21 p 22 a - 23 2 R1 I _ TR t _ i b 21 1.0 O 1 HOOD - 30 t a '0 CEU1rMY )O rsrA 29 == Y a COVENTR as 1 — 29 107 A 28 o i. I - "R-PUD",3 - F,-MESSING R7 I R8 1 SOUTHLAKE- v v : , 27 1. CO2ENTRY T. Of D ') "' Z �- GOJER 19 L. BOLTON I 25 o 18 � � ' � z M. 22 - w r SOUTHLAICE- 1 M m �p SCHMIDT q 17 CVOVENTRY R 1 g 2 SOUTHLAKE- y • N O lys "p,9 COVENTRY`- I s 27 26 2 21 "SF-1 A" T. MURPHY D. HILL 'DUNCAN- SANDERS F. 16 210 u TRONCONE 28 9 C 1 T LONDON a 4 3 T. Ac0. 4.0 AC " GREEN INC. R. . t5 h BORKOWSKI 1 "R-PUD"'-' f 1 AlR 1 a 0 R D. SPICKLER i R. BRADLEY G� 25 AG - r - d , a �� "AG" '1 v I R 3'r, i 3.85 AC —� J. GLOVER EXETER A. JANES SF 1 A" P H DE�SIGN I AR -/ 1.860 a CORP. " I 13 - s+. 22 i TR.3 1 3.66 Ac T,R 3 : 3.56 AC - I t D _ 12 $ �' I TR.33 TR 38 J ► 2 ' c a I TR.38 t 20 1.47 Ac 0 2.92 AC 3 1 1 vl S •. cJ38Ci ,s 4 0; "'G1 ADJACENT OWNERS .. '� �' AND ZONING VE ,.► C o R S _ 2 C r � /� �n ( A� 3 ZI 7A-S L - 3.778 O �. I . 09:_ rrOM WFRPEr� (:LAFk TC 13 1;,;0E9772 P.0 01 SOUTHLAKE-COVENTRY, LTD. 16250 Dallas Parkway Suite 210 Dallas,Tc=75248 972-931-9971 Fax 972-931-8975 January 26, 1998 FAX-PAGE 1 OF 1 TO: Planning and Zoning Commission City of Southlake, Texas RE: REFERENCE NO: ZA 98-003 Zoning Change 1425 North Peytonville Avenue We would like additional information as to the proposed street and lot configuration of the 4.005 acres because the land is so narrow and long. The property appears to be less than 200 feet wide which could negatively impact Coventry depending on where the street is located. We would like additional information to help us decide if we support or oppose this zoning change. Sincerely, c� ,,. � James A.Russell vice President Warm Clark Development,Inc. General Pamir of SouWake-Coveat:y.Ltd. (4MW REC'D J AN 2 3 1998 q / TOTAL P.001 � J4 Date: February 5, 1998 To: Southlake Planning and Zoning Commission From: Mark and Terri Messing 1505 Coventry Lane Subject: Reference No: ZA 98-003 We did not receive enough information to form an opinion about this request. We have heard rumors about plans to build everywhere from 1 to 4 homes and a street on this land. We oppose any request to put 4 houses on this property but have no problem with a single new home and driveway. Looking at-the tract map, there are more long, narrow pieces of land all along Peytonville and Shady Oaks. We would like guidelines set so that no muti-home developments are built on these lots. In the future, we would prefer more specific information about requests made to the commission. This will help reduce rumors and incorrect assumptions. We would also prefer that this information be sent to us with the regular mail and not certified. 866L .. 0 T7 '74 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-271 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 4.005 ACRES SITUATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706 , TRACT 3D, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO"SF-IA" SINGLE-FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; 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 Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare. all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these G:1,0RO\Z0NING\580.l i5 Nee '7A - 8 changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood: location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers. promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed. are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed G:'.ORD\ZONI NG\S80.145 Pa::e 2 n Q and amended as shown and described below: Being a 4.005 acre tract of land situated in the Thomas M. Hood Survey, Abstract No. 706, Tract 3D, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF-IA" Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the tise of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the Citv of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any G:1 O R D%ZON 0YG',380.145 Page 3 7A- to and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY G:\0RD\Z0N1NG\480.145 Page a �A- �t APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: G:\ORD\ZONING\a80.135 Page 5 EXHIBIT "A" SURVEY AND FIELD NOTES FOR A TRACT OF LAND IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 7V6. SITUATED IN TAR-RANT COUNTY , TEXAS , AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS : BEGINNING at a 1" iron Rain in the East line of North Peytonville Avenue (County Road No. 3088) . said point being. by deed call , 497. 42 varas South and 24. 0 feet East of the Northwest corner of said Hood Survey; 0 'HENCE N. 89 - Ub' - 25" E. b56.84 feet to an iron pin found for corner; Ttfr.NCE S . ()° - 34' - 23" W . 2U2.b1 feet to an iron pin found for corner; THENCE S. d8o - 59' - 3b" W. 854.84 feet to an iron pin found for corner in the Fast line of said North Peytonville Avenue; THENCE North 2U4. 95 feet ale!-,; -4id .-ae to the POINT OF BEGINNING and containing 4.005 as . G:`.ORD\ZONING\180.115 Page 6 �A - 13 City of Southlake, Texas MEMORANDUM March 12, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hultman, Community Services Manager SUBJECT: Ordinance No. 698, 2nd Reading, Calling a Special Election for May 2, 1998, for the purpose of amending the Home Rule Charter At its March 3, 1998 meeting, the City Council, considered the recommendations of the Charter Review Committee. The Council directed staff to add a ballot proposition for voter consideration, to determine if term limits should apply to all elected officials of the City. Currently, the charter limits to two, the number of successive terms the Mayor or a member of Council may serve. There is no limitation on the number of terms the Municipal Judge may serve, who is also an elected official. The City Council requested language that would allow for consistent treatment of the Mayor, councilmembers and Municipal Court Judge, whether this be term limits or no term limits. The City Attorney has proposed the addition of two propositions to the ballot. Proposition #7, if passed, would remove the limitation on terms that the Mayor and councilmembers may serve. If passed, the charter would be amended to remove term limits on the City Council. If it fails, the charter would remain the same as currently worded. Proposition #8 is a contingency proposition. If Proposition #7 fails, then Proposition #8 would allow voters to determine if the Charter should be amended to require a limit of two successive terms for the Municipal Court Judge, consistent with the limitations imposed on the City Council. If Proposition #7 passes, then Proposition #8 is invalidated. j i Please place Ordinance No. 698, 2nd reading, on the regular City Council agenda for March 17, 1998 for their consideration. If I can answer any questions you may have, please let me know. Y�A KH Attachments: Ordinance No. 698, calling a special election for May 2, 1998 I ORDINANCE NO. 698 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, CALLING A SPECIAL ELECTION FOR MAY 2, 1998, FOR THE PURPOSE OF A.NIENDI G THE CITY CHARTER; PROVIDING THAT THIS ORDINANCE SHALL BE CUNIL"LATIVE OF ALL ORDINANCES; 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, it is the intention of the City Council to call a special election to submit proposed amendments to the City Charter to the voters in accordance with Section 9.004 of the Texas Local Government Code; and WHEREAS, an election to submit to the voters proposed amendments to the city charter is required by law to be held on a uniform election date; and WHEREAS, Section 41.001 of the Texas Election Code (the "Code") specifies that the first Saturday in May shall be a uniform election date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. The City Council does hereby, on its own motion, order a special election to submit to the voters of Southlake proposed amendments to the City Charter as set forth in Exhibit A, attached to and incorporated in this ordinance for all purposes. The election shall be M:\WP-FILES\COUNCIL\ORD�98.DOC 1 conducted according to the laws of the State of Texas, and shall be held on May 2, 1998, from 7:00 a.m. to 7:00 p.m. SECTION 2. The official ballots for said election shall be prepared in accordance with the Code so as to permit the electors to vote "YES" or "NO" on each proposition, with the ballots to contain such provisions, markings and language as required by law, and with the propositions to be expressed substantially as set forth in Exhibit B, attached and incorporated in this ordinance for all purposes. SECTION 3. The Mayor and City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all action necessary to comply with provisions of the Texas Election Code or other state and federal statutes and constitutions in carrying out the conduct of the election, whether or not expressly authorized herein. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and resolutions of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances and resolutions are hereby repealed. M:\WP-FILES\COUNCIL\ORD698.DOC 2 7,6-,3 SECTION 5. 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 6. 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 DAY OF 1998. MAYOR ATTEST: CITY SECRETARY M:\WP-FILES\COUNC1L\ORD698.DOC 3 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF . 1998. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney M AWP-FILES\COUNCIL\ORD698.DOC 4 71,3 -,5 MAR-12-199e 10.40 _AW FIRM 317 332 4740 P.03i11 EXMTT A PROPOSED CITY CHARTER AMENDMENTS FOR THE MAY 2, 1999 ELECTION Only the sections or paragraphs being amended are presented below. Sections and paragraphs not included below remain unchanged. The underlined words are being added to the Charter, and the words with a line drawn through them are being deleted. 1.11. Suva Powers. The City shall have exclusive domain, control and jurisdiction in, upon, over and under all alleys, streets, gutters and sidewalks, situated in the City, and the power to lay out, establish, open, alter, widen, lower, extend, grade, drain, abandon and improve streets,alleys, sidewaU squares, parks, public places and bridges and regulate the use thereof, and require the removal from streets, sidewalks,alleys,and other public property or places of all obstructions,telegraph,telephone or other poles, carrying electric wires or signs, encroachments of every nature or character upon any said streets and sidewalks, and to vacate and close private ways; and when a street or alley has been vacated or abandoned, the City shall have the right to sell the same at an appraised value with the present adjoining owners having the first right of refusal,as now provided by the General laws of the State ofTexas_The provisions ofCha ter 3 ra nation Cod , . , hi supplementaty the are expressly adopted and made a part of the Charter. Such exclusive dominion, control and jurisdiction h upon, over under the public streets, avenues, sidewalks, parkways, alleys and highways of the City shall also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of all utility pipes, lines, wires or other property. 1.16. Department of Public Safe The Council shah have the power,by ordinance-or-eth,arwisc to create a department of public safety to consist of the following divisions: (1)fire protection division: to provide means for protection against conflagrations and for guarding against fires_It may also, by ordinance, regulate or forbid the storage of lumber, building materials of any kind,flammable or explosive goods or hazardous materials, wares and merchandise of any kind; M!h FOHM The C-otmcif shaff by ordinance or U610 wise 2)2glice services divisiom-W provide means to preserve order within the City, to secure residents of the-said City from violence, and to protest property-therein from injury or loss andfor fNo person,except as authorized by general law,by this Charter, or by Cb ordinances passed'P.scwt be.ete, shall act as special police or special detectivel-jmd EXHI A M ORDWANa No.692 '""e 1 rr r+apa.ra chy ChXW AM.t60-ft far me May 2,1998 Cur of souddskc City(a+ W Ebcsoa(VI) 7/L 3-ze 1--,> MAR-12-199E 10:40 LAW FIRM 817 332 4740 P.04i11 (3) anv other division determined by the Council to be necesfi=or desirable for the txiblic Y of the ci�=3. 1 17 Section number reserved for future am 2.02. Elective Officers. (a) The members of the Council shall be elected and hold office arherein provided in this Charter. All members of the Council, and the Mayor, shall be elected under the Place system. The Mayor and each member of the Council shall hold office for a three(3)year term. Upon expiration of the terms of the current Mayor and Council members their successors shall be elected for terms as follows: Place 1 and Place 6 shall be elected for a term of two(2)years,beginning with the regular City election held on the first Saturday in May, 1991. Place 2 and the Mayor shall be elected for three(3)year terms, beginning with the regular City election held on the first Saturday in May, 1991. Place 3,Place 4, and Place 5 shall be elected to terms of three(3)years,beginning with the regular City election held on the first Saturday in May, 1992. Upon the expiration of the above terms of the Mayor and Council members,their successors shall be elected for terms of three (3) years. All places, including Mayor, will be elected at large. Ptwe 3. Flace > > > and (aw, *.43. Limit2tion on Savcessive Term=. serve as E3--.—O—*! member fbi inare H=tive(-2) su=ssive efected tenits.—*tellij of office sha be 2.08. Vacancies; Forfeiture of Office; Filling of Vacancies. (c)Filling of Yacancies If a vacancy occurs in the position of Mayor or Council member, a special election shall be held on the next election date authorized by the Texas Election Code that is at least 45 days after the vacancy occurs and that is on or after the 30th day after the date the election is ordered,for the purpose of filling the vacancy. If the vacancy occurs within ninety(90)days prior to a general election, the vacancy shall be filled at the general election. All vacancies filled under this Section 2.08(c)shall be for the unexpired term of the office filled. 2.09. Meetings of the City Council. The Council shall hold at least two regular meetings each month on the first and third Tuesday evenings of the month at a time to be fixed by ordinance,unless the dates fall on a regularly observed City holiday, provided that the Council mays EXHBIT A TO ORANCE NO.M PnGB 2 (60w, 17M Proposes City Claw Amra&n=b Sa ere May 2.L998 City Of SaoT MY Curets Ek4( .(VI) 713 -7 MAP-12-19% 10:41 LF" =IRM c17 332 4740 P.05i11 (1)cancel or move a reaula�r meeting to another day bY2!2stinga 72-hour notice in aecordam with the Texas Open Meetings Act giving noti of either action_ and necessary establish as maw additional regular meetings during the month as may be scary for the transaction of the business of the City and its citizens. All meetings of the Council shall be open in accordance with and except as provided by the Texas Open Meetings Act,Chapter 55l.- +C--2k;Government Code rfi.55 ,and shall be held at the City Hall. rovi -except that the Council may designate another place for the meetings. 2.11 Rules of the Council; Minutes and Procedures (a) The council shall provide for citizen participation at any meeting with regard to any matter under consideration in accordance with rules and regulations as the Council may provide. The Council shall provide for minutes being taken and recorded for all meetings, and such minutes shall be a public record. Minutes of all meetings of the Council shall be promptly entered within forty-eight(48)hours after approval in the permanent official records of the City, and the City Secretary, or other designated person,shall at the same time provide a permanent and adequate index showing the action of the Council in regard to all matters submitted to it at both regular and special sessions. b�1 Voting, except on procedural motions, shall be by roll call or electronic device which visually indicates to tbg§c in attendance how each C ndl member votes. If an lectronic device is used and the capacity of the Council chamber is exceeded or a member of the Council or City staff reauegs it, the City Secret= shall audibly confirm the vote. The votes of Council members shall be recorded in the minutes. The vote upon the passage of all ordinances and resolutions shall be taken by the"ayes" and "nays" and entered upon the minutes, and every ordinance or resolution,upon its final passage, shall be authenticated by the signature of the presiding officer and the person performing the duties of the City Secretary. Lcj{b)Any item requested by one(1)or more members of the Council or by the City Manager shall be placed on the agenda by the City Secretary. The Mayor will establish the order of the agenda for each Council meeting.The City Secretary shall prepare the agenda,which shall be publicly posted at City Hall in accordance with the Texas Open Meetings Act, Chapter 551, Government code, 3.02 Appointment of Members of Boards and Commissions (a) The members of all boards and commissions created by this Charter or by the Council,including, but not limited to,the Board of Adjustment and Planning and Zoning Commission, shall; LD be appointed by the Council; and Q1 serve at the gleasure of the Council and may o&be removed by a majority vote of the Council unless this provision conflicts with state law in which case the state law controls. (b) Vacancies on boards and commissionershall be filled by Council appgintment of a replacement to fill the unexpired term LICKW A M ORDNANCE YO.03 PAGE 7 Pmpwed(sy Cuter Amen&n=N foe dm bLy 2.1998 MY of SvAbbke C ky 00"F WdW(V 1) 716 e MAR-12-19% 10:41 LAW FIRM 21? 332 4740 P.06/11 3.07. State of Emergency. � A state of emergency shall be deemed to exist during periods of impending or actual public crisis or disaster. A state of emergency may be declared by the vote of the Council, or by order of the Mayor, or, in his absence or disability, the Mayor Pro Tem, if a meeting of the Council cannot be called within the time available, whenever conditions threaten to render inadequate the normal procedures of the City for protection of persons or property. bb) During a state of emergency,the Mayor,or,in his absence or disability,the Mayor Pro Tem shall have all the powers which would be vested in the Council as provided in Chapter 433. Government to the extent he considers it to be reasonable, or necessary for the protection of persons or property. W The emergency powers herein provided shall be exercised only to the extent made necessary by the nature of the emergency and during the continuation of the state of emergency. 3.11 Action Requiring an Ordinance (b) Acts other than those referred to in Subsection a may be accomplished dome either by ordinance, resolution, or minute order. Ordinances on first consideration and resoha ' ns may be passed at any regular meeting or special meeting„ and ordinances on second considero n maybe_passed at arty regular meeting: that-purpow,,provided,that notice has been given in accordance with the Texas Open Meetings Act, Chatrtcr 551, Government Cod 3.13 Procedure for Enacting Ordinances,Publication (a) Upon introduction of any ordinance by a Council member, the City Secretary shall distribute a copy to the Mayor,each Council member and to the City Manager,and shall file a reasonable number of copies in the Office of the City Secretary and such other public places as the Council may designate. All ordinances, exclusive of emergency ordinances, defined by Section 3.14 of this Charter, shall be considered and 2assed-rcad in open meetings of the Council at-cm two(2) separate Council meetings_the second of which must-Am*be a regular meeting read. The caption of an ordinance must be read at a Council meetias only if a member of the public or a mamba of Council request the reading before a vote is taken. The City Secretary shall publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearingtherean and for its consideration by the Council,at least ten(10) days before the second meeting at which the ordinance is considered-Tea ft. All persons interested shall have the opportunity to be heard. After the hearing, the Council may adopt the ordinance with or without amendment or reject it but,if it is amended as to any matter of substance,the Council may not adopt it until the ordinance or its amended sections have been subjected to all the procedures required in the case of a newly introduced ordinance. The City Attorney shall approve as to legality all ordinances prior to final adoption. MEW A TO ORMANCE NO.693 FADE 4 ce R opoaa city Ownw Amy fa 60 May 2.199e city or Smft to City awncr ElaA a Nu �,3-9 MAR-12-19% 10:42 LAW =IRM ?17 332 4740 P.07i11 4,02, Boards and Comm' ions. Caj Members of"boards and commissions ofthe City shall serve without compensation:provided.th-9 they may be reimbursed for expenses in rred in the performance of their duties as board or comma 'on members. fib) Aperson who h ids a salaried or elected vosition with the City is not eligible to serve on a City board or commission This subsection does not prtsvent a person who holds a salaried or elected position with the City from sem- ng on the board of an entity created under state law after a vote by the citizens at an election creating the entity. (c) All boards atn i commissions shall maintain min tm of their meetings which shall be public records and which indicate_at a miniMUM the mgmbers 2resent the subiect ofmatters consider,and the result of My vote taken. The minutes shall also indicate bow each member voted THE FOLLOWING AMEIMMENT OF SECTION 5.02 IS VALID ONLY IF: (1) PROPOSITION NO. 7 FAILS TO BE ADOPTED BY THE VOTERS;AND (2) PROPOSITION NO. S IS ADOPTED BY THE VOTERS. 5.02. Judge of the Court. The"Judge of the Municipal Court,"shall be elected by the qualified voters pursuant to state statute. The Judge shall be an attorney in good standiag,licensed to practice in the State of Texas and must meet all other qualifications established by Section 2.04(ax 1),(2),(3),and(4)for the Mayor and City Council. The Judge shall serve for a three(3)year term and no person sh ll serve as Judge of the Municipal Court for more than two(2) successive elected terms. A term of office shall be defied as an elected period of three(3)years This provision shall apply to all elections held submaent to the adoption of this amendment The Council shall fix the compensation for the Judge and such compensation shall never be based on fines assessed or collected. 7.10. Filing for Office/Procedures. W Each candidate for an elective office shall meet the qualifications set forth in Section 2.04. Ex t for a agecial election to fi l any person so qualified who desires to become a candidate for election shall file an application with the City Secretary, not earlier than seventy-five (75)days nor later than forty-five(45)days prior to the election date. Such an application shall be in compliance with the Texas Election Code. U Within five(5)days after the filing of an application,the City Secretary shall notify the candidate whether or not the application satisfied the requirements prescribed by this Chazter.If an application is found insufficient,the City Secretary shall return it immediately to the candidate with a statement certifying wherein it is insufficient. Within the regular time for filing applications,a new application may be filed by the same candidate. The City Secretary shall keep on file all applications found EXHW A ro QRDINANa NO.bit PAGE i Proptsred Chy Cmiff AMOWM M Sor the'%&I Z 19"City of Somhlale City Chow E00 iw(vl) MAP.-12-199e 10:42 UNW .=IRM S17 332 4740 P.oe/ti sufficient at least until the expiration of the term of which the candidates are nominated in those applications. 7.32. Petitions. (b) Form and Content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing.Each signature shall be executed in ink or indelible pencil and shaA be followed by the signer's printed name, ,the county of registration, the signers residence address,-aad date of signirlQ_ and any other information required by state law.Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. 11.03. The Planning and Zoning Commission. There shall be established by the Council a Planning and Zoning Commission,which shall consist of seven (7) citizens from the City. The members of the-said Commission shall be appointed by the Council for a term of two (2)years. Three members of the Planning and Zoning Commission shall be appointed each odd numbered year. The remaining four(4)members of the Planning and Zoning Commission will be appointed each even slumbered year. The Commission shall annually elect a Chairman from its membership and shall meet not less than once a month. The chairman of the Commission shall be a voting member. A majority of the members shall constitute a quorum Planning and Zoning Commission members forfeit their office if they fail to attend two (2) consecutive regular meetings of the Commission without being excused by the Council. A member nmy be rem ved after a public hearing based on zw6ftenmase 11.04. Purpose and Object of Planning and Zoning Commission. The purpose and object of the Planning and Zoning Commission is to act as an advisory board to the Council in matters designated by ordinance and by state law, E_RC e t for matters relating to city nark which are delegated by the Council to another city board with responsibilities relating to cisy pig. the Commissi n shall advise the Council on m$n relating t zoning, public improvements,civic improvements,city planning,opening,widening and changing of streets,routing of public utilities,controlling and regulating traffic upon the public streets and ways of the City and such other matters relating to City improvements as the Commission and the Council may deem beneficial to the City. 11.05. Section reserved for future use. EXHMIl A TO ORDINANCE NO.M PM; Propaed Cisy C rMa After dmffl-for the MAY 1 ON MY of SaWW2ka C!y Ch WW F GMS CV 1) 17� // MAP-12-19% 10:43 LAW FIRM 81? 332 4?40 P.09i11 Jitnits of the City and outside Said calpof ate%mrits to the extent-wdimhzd by . and pe,fbr,n such additional duties as=rbe lizesoibed by ardin=e. 11.06. The Master Plan. (d) The Master Plan components shall be reviewed by the Planning and Zoning Commission and updated as necessary to reflect changing City conditions and requiremen . every four (4) years. The City Manager shall be respolu�ible for scheduling reviews in accordance with this requirement. FMUSIr A TO ORDINANCE NCO.6" PAGE 7 Pmpmd Cky Charter AsaQsma for dw MW 2.1"G City of So MdW CS1Y 0WW F KfM NO 7,�/a MAR-12-199e 10:43 LAW =IRM 817 332 4740 P.10/11 EXIT B TO ORDINANCE NO. 699 BALLOT PROPOSITIONS PROPOSITION NO. 1 -Department of Public Safety Shall the Charter of the City of Southlake be amended to authorize the city council to combine the city's fire protection and police services into a department of public safety,by amending Sections 1.16 and 1.17? PROPOSITION NO. 2-City Council Meetings Shall the Charter of the City of Southlake be amended to authorize the city council to cancel or move the date of a regular city council meeting by posting a 72-hour notice in accordance with state law and to authorize the city council to vote by an electronic device which visually indicates the votes to those in attendance at a city council meeting;by amending Sections 2.09 and 2.11? PROPOSITION NO. 3-Boards and Commissions Shall the Charter of the City of Southlake be amended to provide that a vacancy on a board or commission will be filled for the unexpired team; that members of city boards and commissions serve without compensation;that a person who holds a salaried or elected city office may not serve as a member of a city board or commission; that each board and commission shall keep minutes of its meetings which are public records; and that members of city boards and commissions serve at the pleasure of the city council and may only be removed by a majority vote of the council, except when otherwise provided by state law; amending Sections 3.02, and 11.03, and adding Section 4.02? PROPOSITION NO. 4-Planning and Zoning Commission Shall the Charter of the City of Southlake be amended so that the purpose and duties of the planning and zoning commission shall be as designated by ordinance and state law; provi that the city council may delegate matters concerning city parks to another board responsibilities relating to parks; and providing for planning and zoning commission of all components of the Master Plan every four years;amending Sections 11.03, 11.04,and 11.06 and repealing Section 11,05? PROPOSITION NO. 5-Adoption of Ordinances Shall the Charter of the City of Southlake be amended to require that ordinances be passed at two meetings,the second of which must be a regular meeting;and to require reading of the ordinance caption only if requested by a member of the public or a city council member, amending Sections 3.11 and 3.13? PROPOSITION NO. 6 - Correcting Provisions to Conform with State and Federal Law; Correcting Language Shall the Charter of the City of Southlake be amended to conform with state and federal law with respect to elections and statutory references; and to correct language regarding staggering of city council terms;amending Sections 1.11, 2.02,2.08,209, 2.11, 3.07,3.11, 7.10, and 7.32(b)? VOW H TO ORDINANCE Na M P asar Amen Ba[a Pmpailioar for 4u May 2,1"t,City of U mft user mcctim(VI) MAR-12-199e 10:44 LAW FIRM 217 332 4740 P.11i11 PROPOSITION NO. 7.Term Umitations for tke Mayor and City CouncH Members Shall the Charter of the City of Southlake be amended to remove the restriction on the number of successive terms the mayor or a city council member may sews;repealing Section 2.03? PROPOSITION NO. 8-Term Limitations for the Judge of the Municipal Court If Proposition No. 7 fails to be approved by the voters, shall the Charter of the City of Southlake be amended to limit to two, the number of successive terms that the judge of the municipal court may serve, consistent with the limitation on successive terms of the mayor and city council members;amending Section 5.02? EXIMrr a TO ORDWAN E.ro_69a CMna Amend SAM PMPDS M fa me May 7,19",697 Of E KA"a Ch&W M=dm(V1) TOTAL P.11 7x�3-1-11 City of Southlake, Texas I STAFF REPORT March 13, 1998 i CASE NO: ZA 98-014 PROJECT: First Reading/Ordinance No. 480-272 Rezoning and Site Plan - Health Partners j Medical Group Primary Care Center STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as Tract 2A1 situated in the W. R. Eaves Survey, Abstract No. 500, and being approximately 3.737 acres. A Site Plan for Health Partners Medical Group Primary Care Center will be considered with this request. I LOCATION: East side of Davis Boulevard(F.M. 1938) approximately 500' south of West Southlake Boulevard(F.M. 1709). OWNER: The Cirrus Company APPLICANT: Page Southerland Page r rr O CURRENT ZONING: AGrr Agricultural District REQUESTED ZONING: "0-1" Office District AMENDED REQUEST: "S-P-1" Detailed Site Plan District with "0-1" Office District uses LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Eight (8) RESPONSES: Two (2) responses were received within the 200' notification area: • Robert S. Rissing (Albertsons. Inc.), 7580 Oak Grove Road. Fort YVorth, Texas, in favor of. "It is consistent with our project on the adjacent property." (Received 3/2/98) • John Drews (Venus Partners 111), 5440 Harvest Hill Road, Suite 150, Dallas, Texas,undecided. "As adjacent landowners to the north, we are unclear about (1) how extreme slope at the west side of the site will be handled and (2) how the site will drain storm water." (Received 3/3/98) i I City of Southlake, Texas i (40., P&Z ACTION: March 5, 1998;Approved(6-0)subject to Site Plan Review Summary No. 1,dated February 27, 1998,amending the zoning request to"S-P- 1" with"0-1" uses,accepting the horizontal articulation as submitted. and restricting the number of parking spaces to 189 as proposed. STAFF COMMENTS: The applicant has met all requirements of Site Plan Review Summary No. 1, dated February 27, 1998, with the exception of those items in the attached Site Plan Review Summary No. 2,dated March 13, 1998. L:\COMDEV\WP-FILESUMEMO\98CASES\98-014ZS.WPD I I �I I I i i I j i i I I i SA�2 Mari-11 -98 10: 38A The Cirrus Group P .02 THE CIRRUS GROUP L•dl%ard S McRo. Pl;uulcr Ci1v of Suut►llake 067 N Carroll Somt lake.TX 7(A)92 Rr Caw No LA`1R-u 11, 1 haul,PaTinerc Mcdiall Group Priltiv}' Care Ccntt:r Pear�rir. McRu�. I ropiest N tni anunend our origin�d tuning t hanrc ralucsi front"0-1­ zoning to"ti-P-1 District %�i111 U-I USC' F�14asc cnnmct meal 213`1j3-1722 il'you should havc glicstions or cuuuutaut Smecn:l}. fHE CL � GRU •I.c' � so 'Vic mbcr-Vl:;na�cr Cc. t{lll l lutclikoi.The Cirrus Group.LLC Frncsiu Im-bicChl, Page SOuthcriand Page REC'D MAR 111998 1700 pm<,F c AvcNuc. SwE 2730 • DAtlAS.TfxAs 75201 21d.953.1722 • Fox: 214 953.0278 SA1 J' 3 - � Q -ram. ; cARRaL 40 HIGH 11 SCHOOL CIL —!, .• '� �—- - ------ �qua oe --- CARROLL SCHOOL �•� - TRACT MAP tER aA - 4 7 _ ^1 6 ti SOS .863 ® $ l �zga 4 7 •• ::: � 1 :fl 2.442 n ALL D�1 4 1.056 ® ' 4 5 �J�� /�I 9.204 4.3 0 I -� 2R ; /I I 3R2 ' 5.552 ® n Syr'/ i �.692 ® A rf IF. ���' � � � THL G S+V 'SOUTHLAKE JV IF 3R 1 S 6p9'� _ "�_2"J 722 © .4 �g lJ )ARK�k 3 it s� o 1 R —3 „ 2.560 ® ALBERTSON'S S 1 , VENUS PARTNERS '� ,o 1 � S71 ,,, ' 1 "AG" ! lk 1 TR I 2A3 SOUTHLAKE WOODS O. COLLINSTIR 2A1 2A5 12.189 AC a �i r m on "SF-20A" O j m cn LL JB Z, ; �� m . ; I 2A5 z A r`f 2A 1.4 AC O G S U R 1 8 m i 1.236 AC m , A V AG„ $ -R 2A4 1.4 AC TR 1 1 1.797 AC g i ADJACENT OWNERS 3 ' AND ZONING g�-sl TR 10 ;2.2 AC ro� �. i t i } i :r f i r 1 f •_ r/4-6 ;1 i City of Southlake,Texas I i SITE PLAN REVIEW SUMMARY (600� i Case No.: ZA 98-014 Review No: Two Date of Review: 0 /3 13/98 Project Name: Site Plan for"S-P-1" Zoning with "0-1" uses - Health Partners Medical Group Primary Care Center, (Davis Blvd.) OWNER: ARCHITECT: The Cirrus Comnmy Page Southerland Page 1700 Pacific Avenue Ste, 2730 3500 Maple Suite 700 Dallas. Texas Dallas, TX 754380 Phone : 214)953-1722 Phone : 214) 522 3900 Fax (214)953-0278 Attn: Bill Hutchinson Fax: (214)522-4380 Attn: Ernesto LieBrecht CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03./09/98 AND WE j OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT EDWARD MCROY AT (817) 481-5581, EXT. 880. l 1. Dimension the adjacent roadway widths from the property comers. 2. The following changes are needed with regard to surrounding properties: a. On the Toll Bros property. (Southlake Woods Phase 3), change the existing zoning to "SF20-A" and add the words "L.U.D. -Medium Density Residential". In addition, show the approved lot lines, lot and block numbering, and easements for the site. i b. Label the existing zoning(0) and the Land Use Designation(Retail Commercial) on Southlake Crossing Phase 2 . In addition, show and label Lots 1 R and 2R,the 48' D&UE, and the CAE along the common lot line. C. Label the owners name, deed information, existing zoning(SF20-A), and Land Use Designation(Mixed Use) for the adjacent southern property currently being utilized for the common drive. In addition, note the existence of the CAE on this property and the approved lot and block numbering as per the approved final plat of Southlake Woods i Phase III. d. Label the existing zoning(AG) and the Land Use Designation(Mixed Use) for the i i Cosgrove and Sheeney tracts. 3. The following changes are needed with regard to bufferyards and landscape: i i a. Clearly label the width and type of proposed bufferyards and landscape areas on the Site Plan. l City of Southlake,Texas b. Provide the required bufferyards, interior landscape area and plantings as shown on the Summary Charts. The proposed plantings have been determined from the landscape plan and deficient. In addition,the west bufferyard is listed on the Summary Chart as 10' while the graphic indicates a 15' width. Correct this discrepancy. C. Sloped embankments within required bufferyards must be terraced every four feet(4') in height(maximum)with a minimum two foot(2') planting area between vertical planes. (480-43.9-C-3-F) It appears that this requirement exists along the west bufferyard and portions of the south bufferyard. 4. Show and label the side, and rear building lines on the Site Plan. i 5. Reposition the sidewalk along Davis Blvd. so that it is no closer than two feet to the curb. * Although not evaluated at this time,the applicant is advised to consider sidewalk grades with regard to accessibility and Master Trail Plan requirements. 6. The following changes are needed with regard to driveways ingressing and egressing the site according to the Driveway Ordinance No. 634: I a. Show and label the distance from the site driveway to the nearest right-of-way intersection, and to the nearest off-site driveway to the south. Measurements should be driveway centerline to driveway centerline and driveway centerline to R.O.W. intersection line. b. Dimension the width of the driveway at Davis Blvd. and the stacking depth from the property line to the intersecting drive. C. Note whether the shown drive is full access or limited access (i.e., right in/right out only). d. Note the width of the existing asphalt driveway and that it is to be removed. e. Provide driveway spacing meeting the requirements of the Driveway Ordinance No. 634. j the minimum driveway spacing along F.M. 1938 is 500' between full access driveways. This distance can be reduced to 250' for right-in/right-out driveways. i 7. Show the location, type, and height of all walls, fences, and screening devices. Provide an 8' screening device along the east and south'property lines as required by Ord. 480, Section 39. i 8. The following changes are needed on the Site Summary Chart: a. Recalculate the open space provided. The addition of bufferyard area along the south line and the relocation of the driveway off-site appears to have increased the percentage of open space. Open space is calculated as the lot percentage unencumbered by pavement or i construction. b. Specifically note the number of accessible parking.spaces to be provided. I S�-g City of Southlake,Texas C. Change the required parking from "189" as shown to "202". A minimum of 202 parking spaces must be provided. (P&Z recommendation to allow 189 spaces with S-P-1 zoning) d. Correct the "Start Construction" date I 9. Label all entrances and exits to buildings. An entrance on the north and south side of the building appears on the floor plan but not on the site plan. 10. Clarify the dimensions from the building corners to the property lines. Some of the dimensions are duplicated and others are obscured. 11. Show the correct location, orientation,type and height of any intended lighting, signs, and exterior auditory. 12. Show, label,and dimension all easements proposed on the site. j i I 13. Indicate-if the fire hydrants depicted on the site plan are existing or planned. i i 15. Show directional flow arrows in all flow lines, and label all existing drainage structures with size, type and flow line elevation. i 16. Provide a summary chart showing all proposed variances to the closest zoning district in which the proposed use(s)would be allowed. This should show the referenced zoning district,the existing requirements and the proposed variance(RPUD, MXPUD including residential, SP1) i 17. On the Site Plan Exhibit(Drawing No. C-1)There appears to be a discrepancy in the shown building footprint. The floor plan shows a 2' articulation on the west side of the building, near the vestibule/entryway, which is not displayed in the site plan. Correct this omission. i 18. Identify the materials to be used on the exterior of the building. Specifically, the ground level areas shown as "Masonry or Synthetic Plaster" 19. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.1.c. on all facades. Compliance with the articulation requirements is as shown on the attached articulation evaluation chart. (P&Z recommendation to allow horizontal articulation as shown) * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed i and filed in the County Plat Records (for both the main site and CAE tract to the south), fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. S�- 9 City of Southlake,Texas i I * All mechanical units must be screened of view from adjacent R.O.W. and residential properties. * A permit from TxDOT must be obtained prior to any curb cut along F.M. 1938. * Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking and fire lane requirements are met. i I * Denotes Informational Comment att: Articulation Evaluation Chart cc: Page Southerland Page VIA FAX ABOVE - Needham Wright Engineers VIA FAX(214) 357-2985 The Cirrus Company VIA FAX ABOVE L:\COMDEV\WP-FILES\REV\98\98014SP2.WPD i I i i Articulation Evaluation No.2 Case No. ZA 98-014 Date of Evaluation: 03/13/98 levations for Health Partners Medical Group Primary Care Center %W?ceived: 03/09/98 Left-facing: North Wall ht. = 33 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 99 77 -22% Yes 99 74 -25% Yes Min. artic.offset 5 5 0% Yes Min-artic. length 12 30 150% Yes Right-facing South Wall ht. = 33 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 99 77 -22% Yes 99 74 -25% Yes Min.artic. offset 5 5 0% Yes Min. artic. length 12 30 150% Yes Front-facing: West Wall ht. = 27 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 81 50 -38% Yes 81 49 -40% Yes Min. artic. offset 4 5 25% Yes Min.artic. length 12 32 167% Yes ar facing: East Wall ht. = 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max. wall length 11AIIIIIIINIEW 60 60 0% Yes Min. artic. offset 3 10 233% Yes 3 3 0% Yes Min. artic. length 13 24 85% Yes 8A- l i 966160 adw U38 La # r a Z . • da ! � i2� t i s.n. �� � g W � � '' fj 5 c c c c.. =a R I ��! t a it a js � ,��li 1;��I�i } ��x�r r�r . �� ti •��r� it 6LUILLLLLLLLLLLLI !S/ ' ' �� gill i > >, lu 1 i > >.I' � •i 1•i•li�•. ..__ I i i! : ! a F n 8 S I n b ?O of 8AL-l2 86616 0 8VW Qom! Fir, jll ��'� 3N `dlHl (lOS / a3 � 13 � ' 93 ° $ ' ire �Il1N�0 ll�dO XI JVAI�Jd m , ; *' ticl d(10�1`J do103W SN3N12idd H11d3H o d n o 6 o s n1 j 6 1 o 3 H 1 � u R i 4 t t ( R , � t p e 71 - � i i i i z z 1 i O i i O — f — i i Q Q > f > f W i i w J i J i i t LLJ W e i 2 = F— ti s fi i O ; O a a � e BA- 13 e 866160 M 038 3NVIHln0s / LI3113N r �31N33 3�Ib'� .��IdWl�ld ! N dno2io IVOI 3W S�I3NAVd HiW3H m • • dno8o s n 8 8 1 0 3H1 i � � i � i ! a R 1 S ! ! R �! �! S c U a o i o " S U T i z i z � •� ilk o o i Q Q 1 > > i w w J J W W I Rri U) 0 U) W Q b o Q Q 8A -14 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-272 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 3.737 ACRES,LEGALLY DESCRIBED AS TRACT 2A1 OF THE W.R. EAVES SURVEY, ABSTRACT NO. 500, AND MORE FULLY AND COMPLETELY DESCRIBED IN'EXHIBIT"A"FROM"AG" AGRICULTURAL DISTRICT TO"S-P-1"DETAILED SITE PLAN DISTRICT WITH"0-1" OFFICE DISTRICT USES, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; 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 Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these GAORMZONING\480.145 Page 1 J/�_�' changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers. promotes the health and the general welfare, provides adequate light and air, prevents the oyer- crow-ding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed. are called for, and are in the best interest of the public at large, the citizens of the city of Southlake. Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed G:\0RD11Z0NING\480.145 Page_' y� /! and amended as shown and described below: Being a 3.737 acre tract, legally described as Tract 2A1 situated in the W.R. Eaves Survey, Abstract No. 500, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "S-P-1" Detailed Site Plan District with 110-l" Office District uses, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets;to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation. water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. G:SORO\ZON ING\480.145 Page 3 Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1998. ,,. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY G:\0RD\Z0N1NG\480.145 Page 4 BA- 16 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: G:\0RD\Z0NlNG\480.145 Page 5 aA -19 EXHIBIT "A" WHEREAS THE CIRRUS GROUP is the owner of a tract of land situated in the W. R. Eaves Survey,Abstract No. 500,Tarrant County,Texas according to the deed recorded in Volume 5072, Page 963,Deed Records,Tarrant County,Texas and being more particularly described as follows: BEGINNING at a concrete monument found in the east right-of-way line of Davis Boulevard(F.M. 1938), a variable width right-of-way, said point also being the southwest corner of Block 1, Southlake Crossing, Phase II, an addition to the City of Southlake, Texas according to the plat thereof as recorded in Cabinet A, Slide 2425,Plat Records,Tarrant County,Texas; THENCE North 89 deg. 54 min. 56 sec. East continuing along the south line of said Southlake Crossing,Phase II a distance of 539.60 feet to a 1/2 inch iron rod set for the northeast comer hereof; THENCE South 00 deg.05 min.08 sec. West a distance of 302.46 feet to a 3/4 inch iron rod found for the southeast corner hereof, .THENCE South 89 deg. 57 min. 15 sec.West a distance of 537.50 feet to a 1/2 inch iron rod set for the southwest comer hereof and being on the east line of Davis Boulevard(F.M. 1938); THENCE North 00 deg. 18 min. 47 sec. West along the east line of Davis Boulevard(F.?V1. 1938) a distance of 302.10 feet to the POINT OF BEGI ti1NG and containing 162,789 square feet or 3.7371 acres of land. G:\0RD\Z0N1NG\480.145 Page 6 w r tU11r�r11rt�11��66t1 - tt 1�i1tr�1Y1t� 1111114111111191 roitt111111111111 �11111�1111111111 ■111��1�1• �11111111�1111111 � _•.:;• 1111111111111111 ■1116Ywv -- -••=-•--•- -�111111111 '111tt/rtttQlltr :1111/1111 oil �illllllll 111111iiiiiHill IIIIIIIIIIIIIttt am 'nrnnnumn A w AM Alm•GGGcc_ Mpl �! mv UdT 10' �yI r� �1Q! .� ? .Y■�71 •9ff111ltft - - �I►�1 inow.�art.■., wwwsl_,�1�f1�i,lY, • NZ ME I'111H Jill AN Hogan e City of Southlake,Texas MEMORANDUM March 13, 1998 I TO: Mayor Rick Stacy and Councilmembers FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 98-21, Appointments to the Senior Advisory Commission to Fill Unexpired Terms Resolution No. 98-21 is presented to Council to allow for appointments to fill unexpired terms in the Senior Advisory Commission. At the time of this writing, I have not be able to contact all the applicants to determine their continued interest and eligibility to serve on the Commission, but will have that information and Resolution 98-21 at the Council meeting on Tuesday. If there are applicants you would like me to contact, please call me on Monday and I will do so, or you may wish to contact applicants with specific questions. If you have any questions or wish to discuss these appointments, please give me a call. I I /lc i I i I i I I i i d Awp-files\citysec\reso lu\98-21 mem.doc 9A-1 4 City of Southlake, Texas I YLE_NLOBA ND U-M March 6, 1998 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director Chris Carpenter, Comprehensive Planner SUBJECT: Corridor Study-Urban Design Enhancements for S.H. 114 As you may recall from previous memos, staff is working diligently with the consultants who prepared the 1995 Southlake Corridor Study and TxDOT design engineers to finalize some preliminary budget estimates for completing design tasks noted in the Corridor Study. This task must proceed with haste, largely due to the design work currently being performed by TxDOT. Staff recently met with TxDOT personnel and received feedback as to the types of design elements viewed as generally acceptable for their purposes, as well as a fairly good indication as to the degree the city would be required to cover any additional costs.Attached to this memo is a"State Highway Design Criteria Decision Matrix" which summarizes the design elements and indicates potential expenses for the city. Staff has also made changes to the original consultant's cost estimates to reflect TxDOT's preferences. At this point, staff needs direction from Council as to whether to proceed with conversations with TxDOT concerning these improvements,bearing in mind that some will require a fair amount of monetary participation from the city to implement. Staff will explain the cost estimate process in greater detail during the Council meeting. If you have any questions prior to then, please don't hesitate to call Greg Last at Ext. 744, or Chris Carpenter at Ext. 866. GL/cic L:\COMDEV\WP-FILES\PROJECTSNCORRIDOR\PHASEI\CC-MEMl.WPD t vQ > X x X x x x x X L (O c3 v y •x O � '-' X X X X4-1 X X � � O � v •`• y Q O .a U r U a Q W cis . U i0 b b y Vl V1 VI y y VI Vl :A 'l. O y y O O y O y y y y O y C C O z �. �. z z �. z �. �, �. z z z z ct A 3 f"' U to cOi u u y C O 7A c3 O 91. cl w 94 U ate. Q a r%) cn U x m a -+ N M •-- N M N M �' vr) N M N M 7 i sIIL'M iauimo-d adotS stizi t79 teot an ssediapun aBpu LIg ST napiS M'O'2I i sstdzanp agpug C� of 0 C > x x x x C� i A2 x x x q x x x v 4 o � w i O a � oq z z z b V U V � Ln aq v U � �+ at •[ 'C C GO i �n ag ag � H sianad Sp1gp Els M.0.. g v d � 3 suoiloaslolul o C� b 2 Ca E T 0 U p N 'C 00 00 00 00 00 00 00 00 00 00 00 00 OD H 00 00 00 00 00 i ON ON c, c, c, F, o, c .5S C) N N N N N N f V �O �O C c� 0 N N N ' M M M M M M M M M M ,;. A lY'1 A A A it ,q cl o � E N � E" 0 U u ° N w ro o � co x a e .0 w � F" S EL b o U a a a c .° U a H ° u n00 P o C rA a a� v y °' o o 'ti o & o V y U A N c m m m U o � � U b c V E O �0, w W a " o N m3 o o � m o b a �' boaiso ° c o UC4ti ca .~u. H � Ow Uw w y 'Nw `.� U �, m C CL vUi C � � y vUi o C s: o o � o � C o o b - .tea O y =� w e7 v ;� cn O O C C O V to 5 v C c � o �'3 �'0� �o� .S o �'O1 o°'n p .� � � y .5 max ° 0 NFq, oF, 00 00 zzF: o � �, o o - u o 0 0 � F o o =° o o O 0 0 0 o o N a �° o �° y o o =° U C •-, C� 7b .•-, En ►� 00 o 0 OO �--. c,.., .-, 00 C� 4. ti 1.... �-, V7 y o�j C o oU 0 0 0 0 0 0 0 o Q3 � c cli y v y C O cl b u a > a c a —0 a H L. H CS E -c; ° -IV a � E c N a >, O � C � u v W) N C IN n n y O O O C Is ° I U v 3 E .b E v 3 E -o E x „ y E o. E U a c o Y 5n O : i C > o m a •o Fo ar a CA > o 0 w m v °° o° is aCL CA IV 0 N o ' > Vto 00 cl CZ O fd .fir Iw p O O •.. ° v > Ir V F. it C U ..� a Q 'H w oG w U 3 v] U U C� O C7 H a :: U O U N ° yE! N N N N N M M M C U � w a i I � - � Sep-25-97 09:03A NJB , Inc . 972 233-2022 P . 02 Southlake Corridor Study Budget Estimates of Urban Design Elements September 19, 1997 A. Portal "A" $302,796.00 B. Portal "B" o Median $54,520.00 o Greenway $17,640.00 C. Portal "C" o Median $61,500.00 o Geenwa r $17,640.00 y 0. S H. 114 Overpasses (EA) o Highway $312.720.00 o Median S22,956.00 E. 1709 Intersections (EA) $117,490.00 F. Private Development Landscape Zone/Buffer Yards (Does not include screening shrubs) 1. S.H. 114 (100' R.O.W.) $15,624 (per 100 LF) 2. 1709 (100' R.O.W.) $13,104 (per 100 LF) 3. Davis (,ar R.o.w.)or Continental (,00'R.o.w.) $11,064 (per 100 LF) G. Street Lighting Upgrades (EA) $1,050.00 H. Signal Light Upgrade (EA) $2,500.00 L 101,0.0AR A� `Sep-25-97 09 .03A NJB . Inc . 972 233-2022 P . 03 COST ESTIMATE JOB NAME: Southlake -Pilot Project (iiiw JOB NO: 002"? PHASE: GATE: 9/19197 PORTAL A BY: MS !TE>VI UNIT ITEM CATEGORY HO. ITEM CITY. UNIT COST TOTAL SUBTOTAL 1. Evergreen _ _ 124 EA $350.00 $43.400.00 2. Crapemyrtle(Red) 61 EA $150.00 ! $9,150.00 3. Wild Flower 6 AC I $200.00 $1,200.00 , 4..Tree Uplight(Cypress trees 0 Sign Walt) " 8 EA $500.00 $4.000.00 5.1 Lawn 276.400 SF $0.10 $27,640.00 6.`Irrigation _ _ — ! 276,400 SF S0.40 $110,560.00 7. I.D. Graphics la) Wall(8'ht.60'long) -- f _ — Allow.j $18,000.00 _ b) Cast Stone Motif j j I Mow! $4.000.00 j [c) Metal Letters i I Allow.; S3,500.00 - j d) Lighting ' Allow.j - $5,500.00 B.;Existing Conc. Bridge Face Painting 9,880' SF $0.50 ! $4,940.00 _ 9. Metal Bridge Rail Painting _ _ 1,040; LF $2.00 $2,080.00 10. Limestone Cobble Under Bridge 1,980 SF $2.00 $3,960.00 11. Stone Banding Under Bridge(2'wide) _ i 2,400 SF $6.00 $14,40.0.00 _._ . SUBTOTAL; $252.330.00 20%Contingency ! $50,466.00 TOTAL $302,796.00 I i -- r - j I - LSTIMATE TOTAL: 5302,T96.00 Newman, Jackson. Bleberstein, Inc. 1 I Sep-25-97 09: 03A NJ6 , Inc . 972 233-2022 P .04 COST ESTIMATE JOB NAME: Southlake -Pilot Project JOB NO: 0023-97 (liiw PHASE: DATE: 9119197 PORTAL B BY: MS ITEM UNIT ITEM CATEGORY -7 NO. ITEM CITY. UNIT COST TOTAL SUBTOTAL A. I MEDIAN: 1.;Shade Tree Median 4"cal. 5 EA ; $440.00 ; $2.200.00 Z.1Crapemyrtle(Rod)4'-5' ht 6. EA $150.00 $900.00 T Asian Jasmine 4"pots 700 EA $1.50 __ $1,05000 - 4. Uriope a Sign Wall 4" pots ._ 200. EA $1.50 _$300.00 _-- --- 5.-Seasonal Ccior a Sign Wall 1320 EA $1.50 $1,980.00 6.Flrrigation - --_— - 5,000 SF 56.40 , $2.000.00 7.:Tree Uptight C Median 11 EA $500.00 $5,500.00 8.11.D. Graphics --- !a) Sign Wall(35'x 5'Ht) _ ! 180: SF ( Allow.i $12,000.00 bj Cast Stone Motif(Oak Leaf b Acorn) Alk)w. $4,000.00 i 'c) -Southlake-(2)Letters - Allow.' $3,500.00 Id) Lighting < _ Allow.1 $12,000.00 j _ _SUBTOTAL. _ $45,430.00 20% Contingency; _ $9.086 --- - TOTAL. 554,516.00 i CB. ;GREENWAY: 1. Shade Tree(both sides of F.M.1709)4-cai. _ 17 EA $440.00 ' $7.480.00 _ 2. Shade Troe(bCh sides of F.M.170_9_) 2'cal. 11 EA S220.00 $2.420.00 3. Lawn 9,600_ SF $0.10 $960.00 4 Irrigation 9,600 SF S0.40 $3.540.00 _ - - - - — SUBTOTAL _ - $14,700.00 ZOOS Contingency _ _ $2,940.00 TOTAL $17.540.00 I - i L4-TIMATE TOTAL: $72,156.00 Newman, Jackson, Biebemtein,Inc. 2 ' Sep-25-97 09:04A NJB , Inc . 972 233- 2022 P . 05 (illliiCOST ESTIMATE JOB NAME: Southlake -Pilot Project JOB NO: 0025-97 PHASE: DATE: 9119/97 PORTAL C BY: MS ITEM UNIT ITEM CATEGORY NO. ITEM QTY. UNIT COSTT TOTAL SUBTOTAL A. -'MEDIAN: 1. Shade Trees Q Median 4"_cal. ' 5. EA $440.00 $2,200.00 _ 2.;Crape_myrtle Median4'-5•ht. f 12! EA $150.00 $1,800.00 3. Asian Jasmine®Median 4"pots _ 6,5001 EA $1.50 ! $9.750.00 4.11Irrigation -- 5,0004 SF S0.40 ! $2.000.00 5.7ree Uplight ! 1 T: EA $500.00 58,500.00 j 6.!I.D. Graphics a) Metal Letters CSouthlake") I Allow.; $2,500.00 i - _-- b) Graphics Col. (8'ht 4'dia.) 2i EA Allow. $18,000_00 c) Caat Concrete"Butterfly" ! Z EA Allow.. $6.000.00 d) Lighting Y -- — Allow! $2_.500.00 -Si UBTOTAL 551,250.00 - 20%Contingency' ! - _ - $10,250.00 -- TOTAL! - S61,500.00 - - B. iGREENWAY: ; - 1. Shade Trees(both s:ces or Ccrtinental St.)_V cal _ 17 EA S440.00 S7.480.00 _ 2 Shade Trees(bctti s,des of Continental St.)Z'cal 11 EA S220.00 ; $2,420.00 3. Lawn - _ 9,600 SF _ $0.10 $960.00 4. lrrgatw _ 9,600, SF 30.40 53,840.00 _ SUBTOTAL; $14,700.00 20% Contingency' $2,940.00 — TOTAL' S 17,640.00 i ESTIMATE TOTAL: $79.140.00 L Newman, Jackson, Sieberstein, Inc. 3 Sep-25-97 09: 04A NJ8, Inc - 972 233-2022 P . Oei ��OST ESTIMATE JOB NAME: Southlake • Pilot Project JOB NO: 0025-97 PHASE: DATE: 9119/97 S.H. 1141OVERPASS BY: MS ITEM UNIT ITEM CATEGORY NO. T ITEM OTY. UNIT COST TOTAL SUBTOTAL A. ;HIGHWAY., 1. Evergreen Trees 79 EA•• $350.00 $27.650.00 2. Lawn - 168,0& S F $0.10 $16.800.00 3. Irrigation 1168.0W _SF $0.40 $67.206.00 4.;Paver Enhancement ! 18.8001 SF _ $5.00 $84,000.00 _ 5.f Limestone Cobble g over araq.a Malian _ 1,456( _SF I $2.00 ! $3,900.00 ; e.;Limestone Cobble Under Bridge I 19,800l SF 1 $2.00 $39.600.00 _ 7.�Stone Band Under Bridge 2.400 SF ; $6.00 ; $14,400.00 8.IExisting Bridge Face Painting 9.900! SF $0.50 i $4,950.00 9.IExisting Metal Bridge Rail Painting 1,050� LF S2.00 $2.100.00 SUBTOTAL. - - - $_260,600.00 - - 20%Contingency - - - - -__ S52,120.00 TOTAL, I I $312,720.00 B. - �MEDIAN: -•------- ,-- - - _.--- , --- - ------ 1. Shade Trees 4"cal. 10! EA S440.00 $4,400.00 2. Omamental Trees 6'-8' ht. 44 EA S150.00 $6,600.00 _ 3.-Curb-Median Planter Shrubs. 2 gal. 20 EA $15.00 $300.00 _ 4. Groundcover, 1 gal. ---- -- 255 EA $10.00 -_$2,650.00 _ S.~Lawn 9,$00 SF $0.10 5980.00_ _ 5 Irrigation 10,500 SF S0.40 S4,200.00 SUBTOTAL 519.1"s0..0 20% Contingency 53,825.00 - - ---TOTAL - $22,956.N i ESTIMATE TOTAL: $335.676.00 Newman,Jackson, Biebemtein, Inc. 4 Sep-2S-97 09 :04A NJB - Inc . 972 233-2022 P . 07 (iiii.OST ESTIMATE JOB NAME: Southlake -Pilot Project JOB NO: 0025-97 PHASE: DATE: 9I19197 F.M. 1709(MAJOR INTERSECTIONS) BY: MS ITEM UNIT ITEM CATEGORY NO. ITEM CITY. I UNIT COST TOTAL SUBTOTAL 1.,Shade Trees 4-cal. 16 EA $440.00 $7.040.00 ( _ 2.'Omamentaf Trees 6'-8'ht. - _ 48 EA _ i S150.00 57,200.00 _ 3.i Shrubs 0 Median Pint. 2-gal. _ 40 EA $15.00 _ $600.00 4_.Groundcover(Juniper) 1-gal.wRWtirees! 530 EA $10.00 _ S5,300.00 , _ 5.7ree Uplight(Shade Trees only) I 16_ EA $500-00 $8.000-00 _ 6.;lawn __ 5,600 SF S0.10 $560.00 7.1 Irrigation _ j 6,800f SF $0.40 $2,720.00 _ 8. Stone Paver @ Median 1 3,120! SF $2.00 " $6,240.00 I -- _ 9. Paver Enhancement g Street irftr" uons 1 6.400 SF j $6.00 $32.000.00 10. Concrete Bike Trail j 7,000 SF $2.75 $19,250.00 1. Berm/Grading Allow. $9_,00.0_ .00 — _ SUBTOTAL' — $97,910.00 20-5. Contingency — ---- $19,582.00 - TOTAL: - -- $117,492.00 i I - - — i- I I I i ESTIMATE TOTAL: $117.492 Newman, Jackson, f3ieberstein, Inc. 5 Sep-25-97 09:04A NJB , Inc . 972 233-2022 P . 08 (I,,,,0ST ESTIMATE JOB NAME: Southlake - Pilot Project JOB NO: 0025-97 PHASE. DATE: 9119/97 S.H. 114(2S'WIDE BUFFER) BY: MS 100 LF ITEM UNIT ITEM CATEGORY NO. ITEM CITY. UNIT COST TOTAL SUBTOTAL 1.:Shade Trees 4"cal. 2; EA $440.00 ; $880.00 2.;Shade Trees 2"cal. -- -- 2; EA 5220.00 $440.00 - 3. Ornamental Trees_ _6 _EA_ $150.00 $900.00 — 4.'Lawn 3,100i SF S0.10 ! $310.00 _ 5.`Irrigation — 3,100 SF $0.40 ; $1,240.00 i 6.'BerrNGrading 185. CY ! $50_00_ '- $9,250.00 i SUBTOTAL _.. I I $13,020.00 _- 20% Contingency � - S2.604.00 TOTAL I $15,624.00 i i I j ESTIMATE TOTAL: $15.624.00 L Newman,Jackson, Sieberstein, Inc. 6 Sep* 25 -97 09 : 04A NJB , Inc _ 972 233-2022 P . 09 L�OST ESTIMATE JOB NAME: Southlake -Pilot Project JOB NO: 0025-97 PHASE: DATE: 9/19M7 S.H. 1709(20'WIDE BUFFER) BY: MS 100 LF ITEML UNfT ITEM CATEGORY NO. ITEM QTY. UNIT COST TOTAL SUBTOTAL 1. Shade Trees 4"Cal. 2 EA 3440-00 $880-00 2. Shade Trees 2"cal — - - 2 EA $220.00 3440.00 3 Ornamental --- 6 EA $150.00 $900.00 4. Lawn 2.400 SF $0.10 ; $240.00 5. Irrigation 2,400; SF $0.40 ' --$960.00 6_ Berms/Grading 150� Cy $50.00 $7,500.00 _ SUBTOTAL' I I —~510.920.00 20% Contingency $2.184.00 _ TOTAL j S 13.104.00 � I i . ESTIMATE TOTAL: $13.104.00 Newman, Jackson, Blebersteln, Inc. 7 Sep-75-97 09 : 05A NJB , Inc . 972 233-2022 P . 10 (,,,,,C0ST ESTIMATE JOB NAME: Southlake -Pilot Project JOB NO: 0026-97 PHASE: DAVIS (15'WIDE BUFFER) OR DATE: 9119/97 CONTINENTAL(15'WIDE BUFFER) BY: MS 100 LF ITEM UNIT ITEM CATEGORY NO• ITEM CITY. UNIT COST TOTAL SUBTOTAL 1. Shade Tree 2 EA $440.00 $880.00 2. Shade Tree 2 EA $220.00 $440.00 -- 3. Ornamental 6 EA-' 3150.00 . $900-00 : - 4. Lawn _ - 2.000 SF $0.10 S200.00 5. Irrigation 2.000 SF _ $0.40 - $800.00 ---- 6. Berrns/Grading -- 120. CY S50.00 36,000.00 ` ---— SUBTOTAL4 i j i i $9,220.00 iO%Contingency, $1,844.00 TOTAL, —- 11.064.00 f _ � I ESTIMATE TOTAL: $11 OU.00 L Newman, Jackson, Bieberrstein, Inc 8 Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.