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0948 ORDINANCE NO. 948 O'1CIAL RECORD AN ORDINANCE DEDICATING A PUBLIC UTILITY EASEMENT FOR PEDESTRIAN ACCESS, ROADWAY, UTILITY, AND DRAINAGE UPON AND ACROSS A PORTION OF CITY OWNED PROPERTY AT LIBERTY PARK LOCATED AT 590 E. DOVE RD, DESCRIBED AS J.W. CHIVERS SURVEY, ABSTRACT NO. 350 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 of an 8 foot sidewalk at Liberty Park, located at 590 E. Dove Road (J.W. Chivers Survey, Abstract No. 350); and WHEREAS, any future roadway, utilities, or drainage 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 8 foot sidewalk upon and across City owned property at Liberty Park, 590 E Dove Road (J.W. Chivers Survey, Abstract No. 350); 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 pedestrian access, roadway, utilities, and drainage in the portion of Liberty Park at 590 E. Dove Road (J.W. Chivers Survey, Abstract No. 350) to the City of Southlake, Tarrant County, Ordinance No. 948, Dedicating Public Utility Easement at Liberty Park @ Sheltonwood Approved by City Council Meeting November 18, 2008 Page 2 of 5 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 pedestrian access, roadway, utilities, and drainage. SECTION 3 A copy of the Public Utility Easement shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 4 It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council, without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 This Ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS I~ DAY OF Iv~7yQ.VY1.~ , 2008. MAYOR/ANDY WAMBSGANSS Ordinance No. 948, Dedicating Public Utility Easement at Liberty Park @ Sheltonwood Approved by City Council Meeting November 18, 2008 Page 3 of 5 \\++++++++,,,rr cs•• ~ i V, LA ATTEST- - V s e ~ • CITY SECRETARY/LORI PAYNE ' .,,•••''*•0 ;PASSED AND APPROVED ON SECOND READING ON THIS 21(1~ DAY OF 2008. MAYOR/ANDY WAMBSGANSS ATTES % s 4e CITY SECRETAR /LORI PAYNE a • f APPROV S TO FORM AND LEGALITY: Z"Iik CITY ATTORNEY Ordinance No. 948, Dedicating Public Utility Easement at Liberty Park @ Sheltonwood Approved by City Council Meeting November 18, 2008 Page 4 of 5 S82"17'33"E, 266.45' . I TO FOUND 1/2" IRON ROD I i CAPPED "LANDES" P.O.C. EXHIBIT "A" 8,130 SQUARE FOOT A l PUBLIC UTILITY EASEMENT i •f • ao Lu fa ca O Ell D O W Lu 0 1"' kr* J CC f1;.. a ABSTRACT 350 c),% as t 2,- o ' .§..;,., 7r _gF?r/iln nal: TRACT AC1A W c4 1`.a a GTY or SOUTHLAKE q0 rrt,-- +u IW- VOLUME ?4028.PAGE 255 CI) LU , DRTCT N (J i 1 a CC AT 8-94-401r-E-- ' _— S9 ? *r 4- crr c/a to 88.06 SC sl � ��7 f 33' SET 5/tr Noo°11'04"W ! SOO°08'48"W 50.76` { 8,130 Sq.Ft. . ( 50.35' EAST DOVE ROAD L_ _...____.-.�...._____I , .w_• m-..:_-.:-_ .w4_ ._.__.._-w. M-_....__.. ,_. S 89°48'04 .W 159.99' d f,.. -pE Tt, .014. 1R[ \ SURVEYOR'S CERTIFICATION { PHILP B.�WCk,TERS ':1 ,Philip 8.Wolters,a Registered Professions Lard Surveyor at the Slate of Texas. t„e 5894 F, certify t the calculators,graphic depiction and legal descriptions of this survey were i % e'to,. ,o+...:0, that • pared under my personal per' horn an actual surrey made on the ground. ..,.p SUR`f Registered Profession ii Land Surveyor No 9394 azs 4 IN FEET ) ao ARLINGTON SURVEYING & MAPPING 2233 AVMS J. Sinn 112 1 inch - 50 ft. 12UNGTON. 'WAS 78006 (617)543-06wn Vitro (617) 266-6622 �:tel^:.,i;�.:t+�.t��.ksrcs•K:sa,;^,.s•.,+.,vr Ordinance No. 948, Dedicating Public Utility Easement at Liberty Park @ Sheltonwood Approved by City Council Meeting November 18, 2008 Page 5 of 5 EXHIBIT "B" 8,130 SQUARE FOOT PUBLIC UTILITY EASENIENT BEING a portion of a 17.770 acre; tract of land out of the 1. W. Chivers Survey, Abstract Number 350, conveyed by deed to the City of Southlake in Volume 14028, Page 255, Deed Records, Tarrant County, Texas, (DRTCT), and being more particularly described by metes and bounds as follows: CO-M-NIENCING at a found 1;2" iron rod, capped "LANDl✓S", at the most westerly northwest corner ol'a tract of land conveyed to John M. Shelton ill Volume 4400, Page. 846, DRTCT, same being an ell in the east line of said Southlake tract; '11JENCE South 00 degree-i 08 minutes 48 seconds West, along the west line of said Shelton tract and the cast line of the Southlake tract, a distance of 315.55 feet to a set 5?81-' iron rod for the POIN7 OF BEGINNING, THENCE South 00 degrees 08 minutes 48 seconds West, continuing along said common line, sa distance; of 50.35 feet to a point for casement corner in the south line of said C'hivers Survey, same being the south hucs of said Snuthlake, tract; THENCE South 89 degrees 48 minutes 04 seconds West, along said south line, a distance" of 159,99 feet to a paint for easement cot-tier at the southwest corner of said Southlake tract; THENCE :Forth 00 degrees 11 minutes 04 se,.=ds West a distance of 50.76 feet to a set 5/8" iron rod for casement carrier in the east line of Lot 1, Block 1, Oak-wood Pond Addition, recorded in Cabinet , Slide 2302, Plat Records, Tarrant County, Texas; THENCE North 89 degrees 40 minutes 11 seconds East a distance of 88.96 feet to a set 5`8" iron rod for casernent corner, THENCE South 89 degrees 42 minutes 01 seconds East a distance of'71.33 feet to the POINT OF BEGLNNING and containing, 0.186 acres or 8,130 square feet of land more or lc;ss. INVOICE Preview Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 301459651 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 11/23/2008 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 11/30/2008 Bill To: PO Number: PO#20900115-000 CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 30145965 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn:ACCOUNTS PAYABLE Publication Dates:l 1/17/2008 - 11/23/200 i a 3 "�' ,Location Col Depth Linage MU Rate Amount Descriptloni - �.a, CITY OF SOUTHLAKE Not CITY OF SOUTHL cthie c tvb Co iven I3580 1 63 63 LINE $0.44 $56.03 of the City of Southatalake, Taras, ing ($7.50) Sales Discount willt b public hearing cember 2, 2008, at 5:00 p.m. or imme- diately following the Work Session, dur- Misc Fee ing the Regular City ..r t". $5.00 Council meeting to �`\' •^ be held in the City ��'►e r,N.,' Council Chambers of Town Hall, 1400 Main Street, South- of the Texas.bliPurpose Net Amount: $53.53 the public hearing 1 n isto consider the Q. -(` second reading of V "' the following ordi- nance: ORDINANCE NO. 948 T} ) AN ORDINANCE j`;� -, '- 1�• DEDICATING A �`� ' `, ;1 i - PUBLIC UTILITYEASEMENT FOR F\1 I PEDESTRIAN ��\ VVVV AC- CESS, ROADWAY, UTILITY, AND DRAINAGE UPON AND ACROSS A PORTION OF CITY OWNED PROPERTY AT LIBERTY PARK THE STATE OF T LOCATED ATRD 590D - E. County of Tarrant CHIRVERS SURVEY ABSTRACT NO. 356 Before me,a Nota sNOUTHLAKETYTARF d County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- Telegram,publish- TEXas; DECLOARINd n, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping • MENT S sCHNE :s published in th ove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 i rE BY 011111110104 THE PUBLIC; A E \\\\ RlE : THORIZING THE \\ SAP AC,I- MAYOR TO EXE- P..•�.�•••.�S CUTE THE EASE- Signed \)p�b�....FL;..•O90 MENT DEDICATION -" / •. ropy DOCUMENTS;RUSE;PRO- ' SUBSCRIBED AN! 2E ME,THIS Tuesday, November ,2008. �. ABILITY CLAUSE; AND PROVIDING AN F �\ EFFECTIVE DATE. /�/I /! City of Southlake Notary Public V`t4 a CG Lon Payne rs • - Q' City Secretary i •• 4OF /// i-9ji°° \\\\\\ oo 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: 301459651 Invoice Amount: $53.53 PO Number: PO#20900115-000 Amount Enclosed: $ I INVOICE Preview Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 301800021 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 12/7/2008 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 12/31/2008 Bill To: PO Number: PO#20900115-000 CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 30180002 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Dates: 12/5/2008 - 12/7/2008 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Legal Notices $44.69 CITY OF O DINA SCE DOVE RD, DE 580 1 49 49 LINE S0.46 AN ORDINANCE; SCRIBED AS J.W. DEDICATING A' CHIVERS SURVEY,Sales Disc, AM NT UTILITY ABSTRACTC TY OF RECEIVED ($8.50) PEDESTRIAN AC-'! SOUTHLAKE, TAR- CESS, ROADWAY,i RANT COUNTY, UTILITY, AND; TEXAS DECLARING Misc Fee DRAINAGE UPON THAT 'SUCH EASE- $5.00 AND ACROSS A MENT IS NECES- PORTION OF CITY I SARY FOR USE BY DEC 2 6 OWNED PROPERTY THE PUBLIC; AU- AT LIBERTY PARK THORIZING THE LOCATED AT 590 E. I MAYOR TO EXE- CUTE THE EASE- MENT DEDICATION ((" f`�� �r]m $41.19 VIDING DOCUMENTS; OFFICE OF V I T Y VI.CR �1 Ount: ABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. PASSED AND AP- PROVED THIS THE 2nd DAY OF DE- CEMBER, 2008, DURING THE REG- ULAR CITY COUNCIL NG. MAvoMEETIR: Andy r ,' CHRIST/L.HOLLAND Wambsganss ATTEST: Lori Payne, , �I My Commission Expires I City Secretary �,,.. July 31,2012 THE STATE OF TEXAS County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was published in the love named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 Signed q ��, e. SUBSCRIBED AND SWORN TO BEFORE ME,THIS Wednes•:y, Dee,: -r 10,2008. Notary Publ A/ / .1 eiAtAtel) 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: 301800021 Invoice Amount: $41.19 PO Number: PO#20900115-000 Amount Enclosed: $