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0941 ORDINANCE NO. 941 OFFICIAL RECORD AN ORDINANCE DEDICATING A PUBLIC UTILITY EASEMENT FOR PUBLIC USE UPON AND ACROSS A PORTION OF CITY OWNED PROPERTY AT BICENTENNIAL PARK LOCATED AT 300 WEST SOUTHLAKE BOULEVARD, DESCRIBED AS LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686 IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT IS NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake has determined that the engineering design for the FM1709 Right Turn Deceleration Lane Project along Southlake Boulevard demonstrates a need to construct a right turn deceleration lane, with associated utility relocations and an 8' sidewalk at Bicentennial Park, located at 300 West Southlake Boulevard (Littleberry G. Hall Survey, Abstract No. 686); and WHEREAS, the right turn deceleration lane will be constructed to the benefit of the public and dedicated to the public; and WHEREAS, the City Council of the City of Southlake has determined that there is a public need for a right turn deceleration lane upon and across City owned property at Bicentennial Park, 300 West Southlake Boulevard (Littleberry G. Hall Survey, Abstract No. 686); and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The City of Southlake grants a Public Utility Easement for Public Use in the portion of Bicentennial Park at 300 West Southlake Boulevard (Littleberry G. Hall Survey, Abstract No. 686) to the City of Southlake, Tarrant County, Texas, more specifically shown in Exhibit "A" attached hereto and incorporated herein for all purposes and the easement is dedicated to the public in perpetuity. SECTION 2 The Mayor of the City of Southlake, Texas is hereby authorized and empowered to execute the aforementioned Public Utility Easement for Public Use. SECTION 3 A copy of the Public Utility Easement for Public Use shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 4 It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council, without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 This Ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS s~ DAY OF Juw , 2008. MA OR/ANDY WAMBSGANSS y!!t!ltPkPkkkkl,! ATTEST: `.CdO •......._•F CITY SECRET RY/LORI Pai F, QQPASSED AND APPROVED ON SECOND READING ON THIS . DAY OF C)0/mll 2008. MAYOR/ANDY WAMBSGANS ATTEST: `riurn►kerky CITY SECRET RY/LORI PAS' ' :vac A PROV D AND LEGALITY: 'J CITY ATTORNEY CITY OF PERMANENT UBLI UTILITY K EASEMENQFFICIAL RECORD FOR PUBLIC USE THE STATE OF TEXAS § COUNTY OF TARRANT § That We, the City of Southlake, GRANTOR herein, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE, home rule municipal corporation of the County of Tarrant;, State of Texas,; GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, do hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating public utility facilities in, into, upon, over, across, under and through all that land in Tarrant County Texas described as follows, to-wit: A variable width Permanent Public Utility Easement (P.U.E) for Public Use containing approximately 0.010 acres through the Littleberry G. Hall Survey, Abstract No. 686 with property address of 300 W Southlake Blvd., and as more particularly described and shown in Exhibit "A" attached hereto and incorporated herein together with the right of ingress and egress as necessary for such purposes. GRANTOR covenants and agrees that GRANTOR and GRANTOR's heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, R across or under any easements granted herein any temporary or permanent structures, and it is further agreed that GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the Permanent Public Utility Easement for Public Use herein granted to the GRANTEE shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and said grant is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTOR's chain of title. The Permanent Public Utility Easement for Public Use, rights and privileges granted therein are exclusive, and GRANTOR covenants that it b2083Y171q n / ~ 7 Pagel of 3 will not convey any other easement or conflicting rights within the area covered by the grant to any other person. ~ DID IN WITNESS WHEREOF, this dedication instrument is executed this 23~d y of SE 2008. BY: GRANTOR on behalf of the City of Southlake (signature) An j (print ame) ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally appeared Achctq K S known to me or proved to me through (descrip ion of identity card or other document) to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. 2 n GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 23rd y of p 2008. NOTARY SEAL ~nu~~►~~~~~~Npun Notary Public, Sta of Texas ~.RYPO B~ ljQ✓1, Q H~ .z ~0Notary's Name ( inted) f9 g., 0 ~7 7 DOR !F OF Notarys Co fission Expires PIR I~20g3~I~~9pz~7 Page2of3 CERTIFICATE OF ACCEPTANCE This is~o certify that the interest and real property conveyed by this dedication instrument the r n 23 day of 2008, from kNoj to the CITY OF SOUTHLAKE, has been duly accepted subject to all to nd conditions contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. Dat b SEAL Mayor, ITY OF SOUTHLAKt `e~~~rurugrry, : *ATTST: fn ary 41 AFTER EXECUTION BY GRANTOR, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o Cheryl Taylor, P.E. or Cristina McMurray, CPM 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 817-748-8098 Fax: 817-748-8077 AFTER RECORDING, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o City Secretary 1400 Main Street, Suite 270 Southlake, TX 76092 Phone: 817-748-8016 7 79 p J~ Page 3 of 3 i TSC Job No. P202060434 Pagel of 3 May 22, 2008 Revised August 4, 2008 Exhibit A Parcel 4 P.U.E. -Public Utility Easement For Public Use Being a Public Utility Easement out of the Littleberry G. Hall Survey, Abstract No. 686, Tarrant County, Texas, and being a portion of the City of Southlake Bicentennial Park, said easement being more particularly described by metes and bounds as follows: i BEGINNING at the Southwest corner of said City tract and said easement, also being the Southeast corner of Lot 1, Block 1, Woodland Hills RSU Addition, as recorded in Cabinet A, Slide 608, Plat Records, Tarrant County, Texas (P.R.T.C.T.) and being in the Northerly right-of- way line of FM 1709, from which a monument found bears South 61 degrees 34 minutes 54 seconds East, a distance of 0.46 feet; 1) Thence North 02 degrees 17 minutes 30 seconds West, along the common West line of said City tract and East line of said Lot 1, a distance of 15.02 feet to a 5/8 inch iron rod with plastic cap stamped "TranSystems" set at the intersection of said common line and the North line of said easement, from which a 5/8 inch iron rod with plastic cap found for the Northeast corner of said Lot 1 bears North 02 degrees 17 minutes 30 seconds West, a distance of 135.24 feet; 2) Thence South 81 degrees 09 minutes 02 seconds East, along the North line of said easement, a distance of 60.81 feet to a 5/8 inch iron rod with plastic cap stamped "TranSystems" set at the beginning of a curve to the right and being in the common South line of said City tract and said Northerly right-of-way line; 3) Thence 59.75 feet along the arc of the said curve to the right and said common line through a central angle of 00 degrees 36 minutes 18 seconds, a radius of 5,659.58 feet and a long chord which bears South 84 degrees 34 minutes 18 seconds West, a distance of 59.75 feet to the POINT OF BEGINNING and containing 0.010 acres (451 square feet) of land more or less. D2D9 3912 7q 7 G:1FWOG~04341SurveyNParce104.doc q TSC Job No. P20206'0434 ' Page 2 of 3 May 22, 2008 Revised August 4, 2008 i Note: Survey sketch to accompany this legal description. Note: Bearings are based on NAD 83 Datum, Texas State Plane Coordinate System, North Central Zone That I, David L. Dawson, a Registered Professional Land Surveyor in the State of Texas, hereby states that this survey was made from an actual on the ground survey made in April, 2008 under my supervision, that all monuments exist as shown hereon and this survey substantially conforms with the current professional and technical standards as set forth by the Texas Board of Professional Land Surveying. r ®F' Davi L. Dawson Registered Professional Land Surveyor t-m'4-- - QAVID U DAVVSON Texas Registration No. 4672 Date: a -L' O+~ ~~~a® 46:72 $o w ` ° SU fl-4 I GAFW06\0434\Survey\Pame104.doe )AW39I 7 x> p. 5v 7 0 • -inch Iron rod with plast/c cap stamped 'Transystems Corporation' • - Marker found 'as noted' Lief/eber qbs fro ry G. cf N~~ber ~r~ ey 686 11 ' C7RF 2 5' UTILITY EASE. PER PLAT CURVE CITY-02 R DELTA- 3.13' 17- (RT) R• 5.659.58 I L- 3/8.22 CITY OF SOUTHLAKE w CB- S 82' 39' 31' W BICENTENIAL PARK GTE SOUTHWEST INCORPORATED I Q LC- 318.17 VOL-10154, PG. 666 D. . R. . T. C. . T. CURVE CITY-01 O WOODLAND HILLS RSU ADDITION I DELTA- 0' 36' 18' (RT) LOT 1, BLOCK l s R- 5,659.58 0.0/0 ACRES CAB. A, SLIDE 608 (451 SO. FT.) P. R. T. C. T. L• 59.75 L4 C8- S 84' 34'18* W ^l r 4 LC- 59.75 `J ZE ,1S' UTILITY EASE. l PLAT S 81' 09'00 E \ r , 10 R~E MON.FNO. BEM 60.81' ll EXiNG j S 6r 34' 54E r9.46, CURVE CITY-01 EXISTING ROW PARCEL 4 N 15.02' W a D v 310+00 FM 1709 Q CURVE CL5 n EXISTING FM 1709 DELTA' 10'37' 03' (LT) R• 5,729.58 L• 1,061.75 CB- N 85' 56'18' E LC-1.060.23 EXISTING ROW EXISTING ROW Scale Feet 0 0 25 50 75 -7- NOTE: Legal description to accompany plot. .y SHEET TITLE i ® 4`au u > Fr CITY OF SOUTHLAKE - BICENNTENIAL PARK PROJECT r~ o°,°,o„°ac DAVID I. , DA'vvS6, P. U. E. r ®°"`H'"° PUBLIC UTILITY EASEMENT © tooa v PROJ NO: P202060434 10~ 4Er72/+~~° p~ 19 q°° FOR PUBLIC USE SCALE:1 INCH=5D FEET '~iwvam9" DATE ~ 5-22-2008 BY., CGG a DRAWN BY., JAK CHECKED BY: DLD 7) ~G(( fflj Poge 3 Of 3 /0 - • r r i~ CITY OF SOUTHLAKE t i R yy iiiT * * ai 1400 MAIN ST STE 270 SOUTHLAKE TX 76092 Submitter: CITY OF SOUTHLAKE SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 10/06/2008 09:44 AM Instrument D208381779 7 PGS $36.00 By: III IN IIIII IIIII IIIII IIIII IIIII IIIII. III IIIII !III III, D208381779 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Printed by: MC INVOICE Draft Only Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 299517011 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/17/2008 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/2008 Bill To: PO Number: 20801261-000 CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 29951701 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Dates: 8/16/2008 -8/17/2008 a1i Til • a t r »m II i i 1' ;.16 . .era; =ICE:• CITY OF SO1 Notkol:horobv>aw.nis he 13580 1 61 61 LINE $0.43 $52.91 the Q Ic Cit exas, tMake, Texas, Sales Discoun avian aPuh c he ring ($8.50) on September 2, 2008, at 5:00 p.m. or im- Misc Fee mediately following $5.00 duringRECEIVED the Regular City Council meeting to be held in the City Council Chambers of Town Hall, 1400 Main Street, South- lake,Texas. Purpose S F p Net Amount: $49.41 of the public hearing is to consider the second reading of the following ordi- nance: ORDINANCE NO. 941 rr fir°AN ORDINANCE I" - - DEDICATING A PUBLIC UTILITY EASEMENT FOR PUBLIC USE UPON AND ACROSS A PORTION OF CITY OWNED, PROPERTY AT BICENTENNIAL PARK LOCATED AT 300 WEST SOUTH- LAKE BOULEVARD, �i,t+ CHRISTYL.HOLLAND DESCRIBED 1 LIT- �, My Commission Expires THE STATE TLEBERRY G.. HALL J? COUnty Of Ta STRACT,NO. 686 IN OF July 31,P012 THE CITY OF SOUTHLAKE, TAR- Before me,a RANT COUNTY of sa• id Countyand State,this day DECLARING, personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- Telegram,p LENT S s HNECES-legram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clip THEY PUBLICSEAu•nt was published in th bove named paper on the listed dates: BIDS 8 LEGAL DEPT. STAR TELEGRAM (817)390-75G THORIZING THE MAYOR TO EXHE- CUTE THE EASE- M '' ENT DEDICATION Si ned 'AP\ `1 . DOCUMENTS PRO- g _ VIDING A DOCUMENTS,' CLAUSE; SUBSCRIBE ...._ _ EFORE ME,THIS Tuesda ,Au.,44 9,2008. / Legal Notices I AND PROVIDING AN Notary Pu.lic EFFECTIVE DATE. City of Southlake Lori Payne City Secretary Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 299517011 Invoice Amount: $49.41 PO Number: 20801261-000 Amount Enclosed: $ INVOICE Draft Only Star-Telegram Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 299907781 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 9/7/2008 Federal Tax ID 22-3148254 Q t ' Terms: Net due in 21 days Q�V�‹lak k�� Due Date: 9/30/2008 Bill To: o`� tiaQQQ I PO Number: 20801261-000 CITY OF SOUTHLAKE C .f O0' 1400 MAIN ST �CI`� Order Number: 29990778 ,.. )STE 440 `c�P Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn:ACCOUNTS PAYAB Publication Dates: 9/5/2008 -9/7/2008 Des 'I,1 I Ik CITY OF CITY OF SOUTI ORDINANCE NO eai E NO I3580 1 47 47 LINE $0.44 $41.57 AN ORDINANCE DEDICATING A PUBLIC UTILITY Sales Discount EASEMENT FOR ,. ($8.50) PUBLIC USE UPON AND ACROSS A PORTION OF CITY OWNED PROPERTY Misc Fee PA KBICENT LOCATED ENAL NIAT RECEIVED $5.00 300 WEST SOUTH- LAKE BOULEVARD, DESCRIBED AS LIT- TLEBERRY G. HALL SURVEY, AB- HE ACT NO.I IN 9 2. 5 2038 Net Amount: $38.07 T SOUTHLAKE, TAR- SFP RANT COUNTY TEXAS; DECLARING THAT SUCH EASE- MENT T IS FOR PUBLIC; CES- OF AU- r �r" SECRET ARY THE FOR USE BY U- O���V� THORIZING THE MAYOR TO EXE- CUTE THE EASE- MENT DEDICATION DOCUMENTS• PRO- VIDING A SEVER- .. ... ABILITY CLAUSE; •�1�, AND PROVIDING AN CHfiils'Y L.HOLLAND EFFECTIVE DATE. ��`- PASSED AND AP- ♦ ', My Commission Expires THE STATE OF' PROVED THIS SEE �; July 31,2012 County of Tarran DURING'THE REG- ULAR CITY COUNCIL MEETING. Before me,a Not W' gauss Andy County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- Telegram,publist °ciy arLetzary ayne, 1, Inc.at Fort Wo ,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached Gipping _. _.. .__._.. ._.._... __..published in th above n ed paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 Signed SUBSCRIBED AND SWORN TO BEFORE ME,THIS Wednesday, ept 10,2008. Notary Public --e1,--(144-61) Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 299907781 Invoice Amount: $38.07 PO Number: 20801261-000 Amount Enclosed: