North Park, 2008 - Acceptance of Terms and Conditions
E
OFFICIPI RL 071,
Part A:
ACCEPTANCE OF TERMS AND CONDITIONS BY THE APPLICANT
Date: kJ(VeV er 32 2000
To: U.S. Department of the Interior, National Park Service,
Mr. Bill Huie
U.S. Department of the Interior
National Park Service
Southeast Regional Office
100 Alabama Street, S.W.
Atlanta, GA 30303-8701
Tel: (404) 562-3175
Fax: (404) 562-3282
The undersigned, City of Southlake, Texas, hereinafter referred to as the Applicant or
Grantee, acting by and through Andy Wambsanganss, Mayor, City of Southlake, Texas,
Mayor Andy Wambsanganss
City of Southlake, Texas
1400 Main Street, Suite 460
Southlake, Texas 76092
(817) 338-4888 Work Phone
(817) 319-8500 Cellular Phone
hereby makes application to the U.S. Department of the Interior, National Park Service,
acting for and on behalf of the Secretary of the Interior pursuant to Section 203(k)(2) of
the Federal Property and Administrative Services Act of 1949, as amended [40 U.S.C.
§ 550(e) (formerly 40 U.S.C. § 484(k)(2))], and in accordance with the regulations and
policies of the U.S. Department of the Interior for the transfer of the following property
which has been declared surplus by the General Services Administration, and is subject
to assignment to the National Park Service for disposal for public park or recreational
purposes:
Property: FAA Outer Marker 13R (LWN) - Radar Site
372 East Dove Road
Southlake, Texas 76092
Acres: 0.569
General Services Administration Control Number: 7-U-TX-1096
The property is more fully described in Part B of this application, attached hereto and
made a part thereof. Enclosed herewith as Part C of the application is a resolution or
certified statement showing the authority of the undersigned to execute this application
and to do all other acts necessary to consummate the transaction.
The following agreement is made by the Applicant in consideration of and for the
purpose of obtaining the transfer of any or all property covered by this application, and
the Applicant recognizes and agrees that any such transfer will be made by the United
States of America in reliance on said agreement. The undersigned understands and
agrees that the application is made and the property is conveyed subject to the
following terms and conditions which may be enforced through a reversionary right in
the property reserved to the United States of America:
1. This application and its acceptance by the National Park Service shall constitute the
entire agreement between the Applicant and the United States of America, unless
modified and approved in writing by both parties. This agreement becomes binding
only once the instrument of conveyance for the property is duly recorded by the
Applicant.
2. The description of the property set forth herein is believed to be correct, but any
error or omission shall not constitute ground or reason for nonperformance of the
agreement resulting from the acceptance of this application.
3. The Applicant understands and agrees that the property is to be conveyed "as. is"
and "where is" without representation, warranty, or guaranty as to quantity, quality,
character, condition, size, or kind, or that the same is in condition or fit to be used
for the purpose intended and no claim for any adjustment upon such grounds will be
considered after this application has been accepted.
4. The Applicant agrees to assume constructive possession of the property upon
receipt of written notification from the National Park Service. Should the Applicant
fail to assume constructive possession of the property, it shall nonetheless be
charged with constructive possession upon receipt of such notification from the
National Park Service.
5. At the date of assumption of constructive possession of the property, or the date of
conveyance, which ever occurs first, the Applicant shall assume responsibility for
any general and special real and personal property taxes, which may have been or
may be assessed on the property, and to prorate sums paid, or due to be paid, by
the United States of America in lieu of taxes; and for care and handling and all risks
of loss or damage to the property, and have all obligations and liabilities of
ownership.
6. If a purchase price is due, the Applicant shall tender the purchase price to the
United States of America on a mutually agreeable date after the property has been
assigned to the National Park Service.
7. Conveyance of the property shall be accomplished by an instrument, or instruments,
in a form satisfactory to the National Park Service without warranty, express or
implied, and shall contain substantially, but may not be limited to, the following
reservations, restrictions, and conditions:
(a) The Grantee shall forever use the property exclusively for public park and
recreational use in accordance with its application for property, particularly the
Program of Utilization contained in Part B of the application, and approved
amendments thereto, as provided below.
(b) The Program of Utilization contained in Part B of the application may be
amended only for the continued use of the property for public park or recreational
purposes at the request of either the Grantee or the National Park Service with the
written concurrence of the other party. Such amendments will be added to and
become a part of the original application and of this Quitclaim Deed, and shall be
consistent with purposes for which the property was originally transferred. The
Grantee shall furnish any documentation, maps, photographs, studies, and other
information to support the request as requested by the National Park Service to
evaluate any proposed use or development of the property.
(c) The property shall not be sold, leased, assigned, or otherwise disposed of
except to another eligible governmental agency that the National Park Service
agrees in writing can assure the continued use and maintenance of the property for
public park or recreational purposes subject to the same terms and conditions in the
original instrument of conveyance. Any mortgage, lien, or any other encumbrance
not wholly subordinate to the reverter interest of the Grantor shall constitute an
impermissible disposal. However, this provision shall not preclude the Grantee and
its successors or assigns from issuing revenue or other bonds related to the use of
the property to the extent that such bonds shall not in any way restrict, encumber,
or constitute a lien on the property, or from providing related recreational facilities
and services consistent with the approved application through concession
agreements, permits, and licenses entered into with third parties, provided prior
concurrence to such agreements is obtained in writing from the National Park
Service.
(d) The Grantee shall, within three months of the date of the recording of the
instrument of conveyance, erect and forever maintain a conspicuous sign or signs
near the principal point or points of access to the property that states: "The
National Park Service, U.S. Department of the Interior, donated this land to the
name of Grantee for public recreational use through the Federal Lands to Parks
Program."
(e) Beginning two years from the date of conveyance, the Grantee shall prepare
biennial reports describing the development and use of the property, and any
revenue generated from its operation during the preceding two-year period. The
Grantee shall prepare and submit ten consecutive biennial reports to the
appropriate National Park Service office and further as the National Park Service
may determine to be necessary.
(f) All revenue received by the Grantee through concession agreements, use
permits, or other fees generated by activities on the property shall be used only for
the implementation of an approved Program of Utilization or the operation of park
and recreation facilities and programs on the property. After the Program of
Utilization is completed, and as long as the property is properly and
sufficiently operated and maintained, the revenue may be used only for other public
park and recreational purposes by the Grantee. Any revenue received by the
Grantee which is generated through the operation of the property shall be listed and
accounted for in its biennial reports to the National Park Service.
(g) The Grantee further covenants and agrees for itself, its successors, and
assigns, to comply with the provisions of the Federal Disaster Protection Act of
1973 (87 Stat. 975); Executive Order 11988, relating to the evaluation of flood
hazards; Executive Order 11288, relating to the prevention, control, and abatement
of water pollution; and Executive Order 11990, relating to the protection of
wetlands, where and to the extent said Act and Orders are applicable to the
property herein conveyed, and the Grantee shall be subject to any use restrictions
issued under said Act and Orders.
(h) The Grantee further covenants and agrees for itself, its successors and assigns,
to comply with all Federal laws relating to nondiscrimination in connection with any
use, operation, program, or activity on or related to the property requested in this
application, including, but not limited to:
All requirements imposed by or pursuant to the regulations of the U.S. Department
of the Interior (43 C.F.R. Part 17);
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d-1), which prohibits
discrimination on the basis of race, color, or national origin;
The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), which
prohibits discrimination on the basis of age;
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of handicap;
The Architectural Barriers Act of 1968, as amended (82 Stat. 718), which requires
facilities located on the property to be accessible to the physically handicapped; and
The Americans with Disabilities Act of 1990 (104 Stat. 337), which requires that no
otherwise qualified handicapped individual shall, solely by reason of his or her
handicap, be excluded from the participation in, be denied benefits of, or be subject
to discrimination under any program or activity receiving Federal financial
assistance.
The Applicant further agrees to require any other person or entity who, through
contractual or other arrangements with the Applicant, is authorized to provide
services or benefits on or in connection with the property requested herein, and
to promptly take and continue to take such action as may be necessary to effect
this agreement.
(i) Title to the property transferred shall revert to the United States of America at its
option for non-compliance with any of the terms and conditions of the conveyance.
In the event that there is a breach of any of the conditions and covenants herein
contained by the Grantee, its successors and assigns, whether caused by legal or
other inability of the Grantee, its successors and assigns, to perform said conditions
and covenants, or otherwise, all right, title, and interest in and to the said premises
shall revert to and become the property of the Grantor at its option which, in
addition to all other remedies for such breach, shall have the right of entry upon
said premises, and the Grantee, its successor and assigns, shall forfeit all right,
title, and interest in said premises and in any and all of the tenements,
hereditaments, and appurtenances thereunto belonging.
0) The Grantee, by its acceptance of this deed, covenants and agrees for itself, and
its successors and assigns, that in the event the Grantor exercises its option to
revert all right, title, and interest in the property to the Grantor, or the Grantee
voluntarily returns title to the property in lieu of a reverter, then the Grantee shall
provide protection to and maintenance of said property at all times until such time
as the title is actually reverted or returned to and accepted by the Grantor, including
the period of any notice of intent to revert. Such protection and maintenance shall,
at a minimum, conform to the standards prescribed by the General Services
Administration in its Federal Property Management Regulations in effect at the time
of the reversion. Prior to any such reversion, the Grantee further agrees to
complete and submit to the Grantor an environmental assessment of the property
that sufficiently documents and evaluates its condition in regard to the release of
hazardous substances as defined under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended [42 U.S.C. §
9620(h)].
(k) The National Park Service, and any representative it may so delegate, shall
have the right of entry upon said premises at all reasonable times to conduct
inspections of the property for the purpose of evaluating the Grantee's compliance
with the terms and conditions of the conveyance.
(1) The failure of the National Park Service, or any other agency of the United
States, to exercise any right or remedy granted under this instrument shall not have
the effect of waiving or limiting the exercise of any other right or remedy or the use
of such right or remedy at any other time.
(m) The Grantee, its successors and assigns, shall hold harmless, defend, and
indemnify the United States, its employees, agents, and representatives from and
against any suit, claim, demand or action, liability, judgment, cost or other fee
arising out of any claim for personal injury or property damage (including death,
illness, or loss of or damage to property or economic loss) that arises from the
Grantee's or the Grantee's agent's use or occupancy of the property and/or the
Grantee's failure to comply with the terms of this deed.
(n) The United States of America shall have the right to reserve all oil, gas, and
mineral rights in the property.
8. Any title evidence which may be desired by the Applicant will be procured by the
Applicant at its sole expense. The National Park Service will, however, cooperate
with the Applicant or its authorized agent in this effort and will permit examination
and inspection of such deeds, abstracts, affidavits of title, judgments in
condemnation proceedings, or other documents relating to the title of the premises
and property involved as it may have available. The United States of America will
not be obligated to pay for any expense incurred in connection with title matters or
survey of the property.
9. The Applicant shall pay all taxes imposed on this transaction and shall obtain at its
own expense and affix to all instruments of conveyance and security documents
such revenue and documentary stamps as may be required by Federal and local
law. All instruments of conveyance and security documents shall be recorded at the
Applicant's expense within 30 days of their receipt in the manner prescribed by local
recording statutes. The Applicant shall provide the National Park Service with a
certified copy of the instrument of conveyance within 30 days of the date of
recordation which indicates the date, location, and book and page number of its
recording.
10. The Applicant agrees to comply with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. § 470) by (a) consulting with the
State Historic Preservation Officer and conducting investigations, as necessary, to
identify sites and resources on the property listed on or eligible for nomination to the
National Register of Historic Places, (b) notifying the National Park Service and
disposal agency of the existence of any such sites and resources, and (c) complying
with the requirements of 36 C.F.R. Part 800, as established under the National
Historic Preservation Act of 1966, as amended, to avoid or mitigate adverse effects
on such sites and resources.
11. The National Park Service or disposal agency may require additional reservations,
restrictions, and conditions in the instrument of conveyance to safeguard the
interests of the United States of America, including covenants relating to
environmental protection and historic preservation. The National Park Service will
give the Applicant sufficient opportunity to review any additional requirements prior
to the conveyance of title to the property.
I agree that the instrument effecting the transfer to the Applicant of any property covered
by this application will contain provisions satisfactory to the United States of America,
incorporating the substance of the foregoing agreement, with such provisions to consist
of (1) a condition, coupled with a right reserved to the United States of America to cause
the property to revert to the United States of America at its option in the event of any
breach of such condition, and (2) a covenant running with the land. The Applicant
understands that the United States of America shall have the right to seek judicial
enforcement of this agreement, and that this agreement shall be binding upon the
successors and assigns of the Applicant.
(Date of Application) (Signature)
City Manager
(Title)
City of Southlake, Texas
(Agency)
Justification for Acquiring Property
Part B
1. Description of Property
Narrative:
The FAA Outer Marker LWN is located in Southlake, 372 East Dove Road,
Tarrant County, Texas. The property encompasses approximately 0.569 acres of land.
The perimeter is bounded by a four foot high barbed wire livestock fence on the North,
South, and West. The East boundary has a four foot high white picket fence on the
Southern half and a seven foot high wooden fence on the Northern half. This property
was used for agricultural purposes prior to being acquired by the FAA in 1986.
The site is largely undeveloped. A crushed rock driveway links E. Dove Rd to
the primary entrance of the property. There are two separate concrete slabs running
down the middle of the tract, each approximately 200 sq ft. Additionally, there exist five
(5) concrete piers on the property previously utilized for FAA towers.
The property is primarily flat and topographically unremarkable. The majority of
land is covered by native grasses and vegetation. The average surface elevation is 600
feet above sea level. This property is not included in the 100-year floodplain.
Maps:
See Attachment A: Plat Survey of property.
2007 Aerial photo of property
;f
GSA control number: 7-U-TX-1096
Legal Description:
All that certain tract or parcel of land situated in the City of Southlake, Tarrant
County, Texas, being a portion of the J.W. Chivers Survey, Abstract No. 350, and also
being a 0.569-acre tract out of that certain 32.8-acre tract conveyed by W.C.
McPherson et ux to Robert Lee McPherson as recorded in Volume 2867, page 1935 of
the Deed Records of said County, and bounded as follows:
BEGINNING at an iron pin found at fence corner in the north line of East Dove
Road for southeast corner of this tract and most westerly southeast corner of said 32.8-
acre tract; Thence West with north line of said road, 50.00 feet to a'/ inch iron pin set
for southwest corner of this tract; Thence N.01 020'23"E., 496.26 feet to a 'h inch iron
pin set for northwest corner of this tract; Thence S.89047'1 YE., 50.00 feet to an iron pin
found at fence corner for northeast corner of this tract and ell corner of 32.8-acre tract;
Thence S.01 °20'23"W. with most westerly east line of 32.8-acre tract and along fence,
497.07 feet to the place of BEGINNING and containing 0.569-acre land.
Photographs:
2007 Aerial Photo with Topography
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GSA control number: 7-U-TX-1096
From E. Dove Rd. Looking North
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From North-East Looking South
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GSA control number: 7-U-TX-1096
2. Program of Utilization
Narrative:
This site will enable possible expansion of current plans which include several
multipurpose athletic fields, a restroom and concession building, a playground, and a
nature trail. The additional land will compliment the 22.6 acres of new park facilities
and may allow for additional trails and nature areas to be constructed.
Preparation of the site for inclusion in park plans is anticipated to include
breakup and removal of existing concrete slabs and piers. Additionally, the site will
likely be replanted with grass and natural landscape. These improvements are aimed
at creating a seamless natural buffer between the city park and the private residences
that border the property.
The City of Southlake expects to develop and maintain the site as part of its
overall park facility. Lacrosse is planned to be among the sports utilizing the athletic
fields. Flag football is another possible patron for recreational field use. These events
would likely be coordinated via local sports organizations.
Schedule of Development:
The proposed park facility bordering this site is scheduled to be developed in two
separate phases. Phase I is expected to enter design and planning phase in 2009 with
construction beginning in 2010. This initial phase should include construction of the
multipurpose athletic fields, installation of parking lots, and site improvement with
landscaping. Plans would also include development of a nature trail within the subject
property. Phase II is expected to proceed to design phase in 2013 with subsequent
construction starting in 2014. It is planned that this phase will expand nature trails and
hiking paths along the entire park and improve upon existing natural areas. For both
phases of development, construction is expected to take less than a year to complete
once started. Additionally, there are plans to construct an 8 foot multiuse trail along the
Dove Rd. ROW for this property in 2009.
GSA control number: 7-U-TX-1096
Site Plan:
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NORTH North Park Site
Southlake, Texas
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GSA control number: 7-U-TX-1096
Historic Preservation Plan: Not Applicable.
3. Need
The City of Southlake is a medium sized suburban community of roughly 26,000
people. The area has seen rapid growth in recent years as young professionals have
moved to the region to start and raise their families. As a result, the City has seen high
demand for family oriented activities including natural park space and sport recreation.
The City currently owns and manages over 624 acres of park land, including two
community and over ten (10) public neighborhood parks, offering convenient access to
many cultural and entertainment facilities and activities. Additionally, the City maintains
450 acres of natural park area in Southlake.
There is currently a high demand for recreation fields and sports venues within the City.
A variety of championship youth sport leagues call Southlake home including: baseball,
softball, swimming, tennis, soccer, lacrosse and football, as well as recreational classes
for all ages. These organizations have created a pressing need for Southlake to
develop and maintain additional recreational facilities.
The construction of an additional three (3) multipurpose fields at this site will generate
additional capacity for the City to host athletic programs. Annual volume is expected to
reach over 5,000 individuals a year.
4. Suitability
This site is well suited for inclusion in the surrounding park plans, given its undeveloped
state and position directly adjacent to current city projects. The inclusion of the tract is
anticipated to add size and value to the overall purpose and function of the future park
facility. The site has no known historic value that would contribute to public enjoyment.
There are no permanent structures or development on this property that will contribute
to the public enjoyment. Instead, the relative unimproved nature of the land will be
utilized to create open space and natural areas. This function will compliment the
surrounding park and contribute to the overall public purpose of the project.
The site is located on 372 East Dove Road between N. White Chapel Blvd. and N.
Carroll Ave. The location is highly accessible as it lays less than one mile north of S.H.
114, the primary transportation corridor for the region. The property is in close
proximity to several community schools as well as the future site of a new public safety
facility. The majority of the surrounding region is comprised of single family
neighborhoods, making this site ideal for park and recreation uses.
This site is currently served by a short crushed rock driveway coming North off of E.
Dove Road. Upon completion, the property will be joined with the remainder of the park
GSA control number: 7-U-TX-1096
through a series of trails and nature paths. This will serve to create a seamless
transition within the overall park project.
5. Capability
The City of Southlake currently owns more than 400 acres of park properties and
manages an additional 200 acres of natural preserve. The City has considerable
experience developing and operating park facilities through its Community Services
Department. The Department directly oversees Park and Recreational facilities which
include 45 practice and game fields, 15 lighted tennis courts, a lighted inline hockey
facility, 6 miles of park trails, six concession and/or restroom facilities, five ponds with
aeration features and 11 pavilions.
The City's park programs are well funded through a dedicated .5 cent sales tax. The
Community Services Department budget for Fiscal Year 2009 is set to increase from
2008's $5,217,272 to $5,938,877. Southlake is a financially sound municipality and
enjoys a bond rating of 'AA' from Standard and Poor's.
Park development, maintenance, and operations are all handled within the Community
Services Department of the City of Southlake. The Department currently employs 37
full time individuals devoted to the development and maintenance of park facilities,
including, one Construction Manager and twenty-two (22) maintenance workers.
Additionally, the City employs several full time recreational employees dedicated to
organizing and coordinating activities and events.
r!CT n.-.n~rrl mmhcr• 7-TT-'TX-1 f1 Q9
PART C
STATE OF TEXAS §
CITY OF SOUTHLAKE §
CERTIFIED STATEMENT OF AUTHORITY
TO EXECUTE APPLICATION AND CONSUMMATE TRANSACTION
I, Shana Yelverton, City Manager, CITY OF SOUTHLAKE, TEXAS, HEREBY CERTIFY AS
FOLLOWS:
Authority is granted me as the City Manager of the City of Southlake in the Southlake Charter,
Section 4.14(b), as amended November 6, 2007, which reads: The City Manager shall also
have the power to sign all contracts and conveyances made or entered into by the City," to
execute said Application and conveyance transaction.
S na Yelverton
C y Manager
City of Southlake
This instrument was acknowledged before me on the 2 / day of October 2008 by
SHANA YELVERTON, as CITY MANAGER or CITY OF SOUTHLAKE.
otaryPublic - State of Texas
'$pool M L. B
My Commission Expires: ''0,P
~PRV pUe
ff~ OF
Q\Q ,1
CITY OF SOUTHLAKE, TEXAS
CERTIFICATE OF MUNICIPAL OFFICIAL
STATE OF TEXAS
COUNTY OF TARRANT
CITY OF SOUTHLAKE
1) 1 hereby certify, in the performance of the functions of my office,
that the attached instrument "1" is a full, true and correct copy of a
portion of the Regular City Council Meeting Agenda results,
approving Consent Agenda Item 4F, Authorize the acquisition of
Federal Aviation Administration (FAA) tract adjacent to DPS North
Site on Dove Road for park land, approved by City Council
October 21, 2008 and that said city council action is included in official
minutes of record in the public office of the Office of the City
Secretary of the City of Southlake, Tarrant County, State of Texas, and
is kept in said office.
2) 1 hereby certify, in the performance of the functions of my office,
that the attached instrument "2" is a full, true and correct copy of a
Section 4.14 of the Southlake Charter, revised by City Council
November 6, 2007 and that said official Charter is on file in the public
office of the Office of the City Secretary of the City of Southlake,
Tarrant County, State of Texas, and is kept in said office.
I further certify that I am Lori Payne, City Secretary of the City
of Southlake, that I have legal custody of said record(s) and that I am a
lawful possessor and keeper and have legal custody of the records in
said office.
In witness whereof I have hereunto set my hand this 3rf day
of Actober 2008.
Movevxle'r-
(Signatu )
o'+ e~
(Title) r-r-
( &rra ^4- County,
State of Texas
Thisnt'nst ment was acknowledged before me on the ,
day of $ete "i, , as
of
~t h LY2L
A~B~ Notary Public-State of Texas
o V 'W .0 My Commission Expires:
9z P
sof`~+ a Attachments: 1) 10/21/08 City Council Meeting Results
o Fxr~
2) Excerpt of Section 4.14 from Southlake
,%~,,,,0,8~„2Oo.~`~ Charter
Certificate of Municipal Official
Attachment 1
10121/08 City Council Agenda
11 CITY OF Results
SOUTHLAKE
TEXAS
REGULAR CITY COUNCIL MEETING: OCTOBER 21, 2008
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
BOARD MEMBER RECEPTION: 5:00 P.M. ABSENT: WAMBSGANSS, STANSELL
1. A reception for all appointed board members will be held from 5:00 to 6:00 p.m.
in the Town Hall foyer.
WORK SESSION: 6.00 P.M. or immediately following the board member reception
1. Call to order.
2. Invocation: Eric Hulet, Chaplain of the Month
3. Discuss all items on tonight's meeting agenda. No action will be taken and each
item will be considered during the Regular Session.
REGULAR SESSION:
1. Call to order.
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551,
Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074,
551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list
attached hereto and incorporated herein. Executive Session may be
held, under these exceptions, at the end of the Regular Session or at
any time during the meeting that a need arises for the City Council to
seek advice from the City Attorney as to the posted subject matter of
this City Council meeting.
1. Section 551.072: Deliberation regarding real property
a. Discuss the potential purchase or lease of real property for
city facilities.
2. Section 551087: Deliberation regarding economic
development negotiations
a. Economic incentives for businesses.
B. Reconvene: Action necessary on items discussed in Executive Session.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake Attachment 1
City Council meeting agenda
10/21/08 City Council Agenda
October 21, 2008
Results
Page 2 of 9
3. REPORTS:
A. Mayor's Report
1. Upcoming meetings and events
2. Proclamation in recognition of the Tring School Music Department
Day
B. City Manager's Report
1. Joint Utilization Committee shared services report
CONSENT AGENDA: All items listed below are considered to be routine by the City
Council and will be enacted with one motion. There will be no separate discussion of
items unless a Councilmember or citizen so requests, in which event the item will be
removed from the general order of business and considered in its normal sequence.
4. Consent:
A. Approve the minutes from the October 7, 2008, regular City Council
meeting.
B. Cancel or reschedule the November 4, 2008, regular City Council
meeting. CANCELED
C. Approve a professional services agreement with Nathan D. Maier
Consulting Engineers, Inc. in the amount of $264,859 for the design of
North White Chapel Boulevard from Highland Street to State Highway
114.
D. Ordinance No. 947, 1St Reading, Vacate and abandon a 15' waterline
easement and a 20' temporary construction easement located on Samuel
Freeman Abstract No. 525 and recorded in Volume 15934, Page 278,
D.R.T.C.T. (If approved at first reading, the public hearing will be held
November 4, 2008.)
E. Excuse a City Council member for absences from meetings.
F Authorize the acquisition of Federal Aviation AdministrationA) „rapt
adjacent to DPS North Site -on Dove Road for park land.
G. Resolution No. 08-055, Deny the requested increases in electric
transmission and distribution rates by Oncor Electric Company.
H. Approve the purchase of new and replacement vehicles from Philpott
Motors in the amount of $370,852.
1. Approve the purchase of new and replacement vehicles from Dallas
Dodge in the amount of $360,080.
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
City of Southlake Attachment 1
City Council meeting agenda 10/21/08 City Council Agenda
October 21, 2008 Results
Page 3 of 9
J. Approve the purchase of new and replacement vehicles from Caldwell
County Chevrolet in the amount of $31,625.
K. Resolution No. 08-054, Creation of a community event participation
program.
L. Ordinance No. 480-491a, 1St Reading (ZA08-093), Zoning Change and
Site Plan for Morrison Office Park on property being described as Tract
1A, Samuel Freeman Survey, Abstract No. 525 and being located at 2720
East State Highway 114. Current Zoning: S-P-2 Generalized Site Plan
District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN
Neighborhood #6. (If approved at first reading, the public hearing will be
held November 4, 2008.)
M. Ordinance No. 480-564, 2nd Reading (ZA08-031), Zoning Change and
Development Plan for Carillon Southlake on property located at the
northeast corner of State Highway 114 and North White Chapel Boulevard
and described as Tracts 1, 2, 3A, 3A1, 3A3, 3A4, 3A4A, 3A5, 3B, 3131,
and 3132, Larkin H. Chivers Survey, Abstract No. 300 and Tracts 3 and
4A1, Absolom H. Chivers Survey, Abstract No. 299. Said property also
being currently addressed as 1500 and 1900 North Carroll Avenue, 1801
North White Chapel Boulevard and 100, 202, 250, 300, 320, and 350 East
State Highway 114. Current Zoning: NR-PUD Non-Residential Planned
Unit Development District and C-2 Local Retail Commercial District.
Requested Zoning: ECZ Employment Center Zoning District. SPIN
Neighborhood #5. THE APPLICANT REQUESTED TO TABLE THIS
ITEM TO THE NOVEMBER 18, 2008 CITY COUNCIL MEETING.
N. Resolution No. 08-045, Amendments to the City's Mobility and Master
Thoroughfare Plan, an element of the Southlake 2025 Plan, the city's
Comprehensive Master Plan, to include the future alignment of Kirkwood
Boulevard, north of State Highway 114, and North Carroll Avenue. THIS
ITEM HAS BEEN TABLED TO THE NOVEMBER 18, 2008 CITY
COUNCIL MEETING.
CONENTrAGENDA ITEMSe4A 4N INCLUDING ITEM 6A TO TABLE
AND CONTINUE PUBLIC HEARING TO 11-18-08
' WO 5. Q
REGULAR AGENDA:
5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.)
6. Ordinances, second readings, public hearings, and related items:
City of Southlake values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Certificate of Municipal Official
Attachment 2
Excerpt from Southlake Charter
supervisory authority and financial control over his/her department. Two or more departments may be headed
by the same individual and the City Manager may head one or more departments.
(Amended on May 5, 2001)
4.02. Boards and Commissions.
(a) Members of boards and commissions of the City shall serve without compensation; provided that
they may be reimbursed for expenses incurred in the performance of their duties as board or commission
members.
(b) A person who holds a salaried or elected position with the City is not eligible to serve on a City
board or commission, unless authorized by vote of the City Council.
(c) All boards and commissions shall maintain minutes of their meetings which shall be public
records and which indicate, at a minimum, the members present, the subject of matters considered, and the
result of any vote taken. The minutes shall also indicate how each member voted on each matter.
(Amended on May 2, 1995; Amended on November 6, 2007)
B.
CITY MANAGER
4.10. Appointment and Qualifications.
The Council, by majority vote of the entire Council, shall appoint a City Manager, who shall be the chief
administrative officer of the City.
The method of selection shall be left to the discretion of the Council so long as the method ensures
orderly, non-partisan action toward securing a competent and qualified person to fill the position. The City
Manager shall be chosen solely upon the basis of the person's administrative training, experience, ability and
character.
Neither the Mayor, nor any Council member may be appointed City Manager or acting City Manager
while holding office or for a period of two (2) years thereafter.
State Law References: See the one-year delay as to city offices in section 7.11.
4.11. Compensation.
The City Manager shall receive compensation as may be fixed by the Council according to the person's
experience, education and training.
4.12. Term and Removal.
The City Manager may be appointed for a definite term but may be removed at the discretion of the
Council, by vote of the majority of the entire Council.
If removed after serving six (6) months, the City Manager may demand written charges and the right tot
Attachment 2
Excerpt from Southlake Charter
be heard thereon at a public meeting of the Council prior to the date on which the City Manager's final removal
shall take effect; but pending such hearing the Council may suspend the City Manager from office.
The action of the Council in suspending or removing the City Manager shall be final. It is the intention
of this Charter to vest all authority and fix all responsibilities of such suspension or removal in the Council.
4.13. Bond of City Manager.
The Council shall require the City Manager before entering upon the duties of his/her office, to execute
a good and sufficient surety company bond, in such amount as the Council may demand, payable to the City
and conditioned for the faithful performance of the duties of his/her office. The premium of such bond is to be
paid by the City.
4.14. Powers and Duties.
(a) The City Manager shall be responsible to the Council for the proper administration of all the
affairs of the City and to that end shall have the power and be required to:
(1) In cooperation with the City Attorney, see that all state laws and City Ordinances are effectively
enforced.
(2) Appoint, suspend and/or remove all or any one of the heads of departments and all subordinate
officers and employees of the City.
(3) Exercise control over all departments and subdivisions thereof created by this Charter, or that
may hereafter be created by the Council, except as hereinafter provided.
(4) See that all terms and conditions imposed in favor of the City or its inhabitants in any public
utility franchise are faithfully kept and performed, and upon knowledge of any violation thereof,
call the same to the attention of the City Attorney, whose duty it shall be to take such steps as
may be necessary'to enforce the same.
(5) Attend all meetings of the Council except when excused by the Council.
(6) Prepare a proposed budget annually and submit it to the Council on or before August 1 of each
year and be responsible for its administration after its adoption.
(7) Administer the budget of the City.
(8) Prepare and submit to the Council at the end of the fiscal year a complete report on the finances
and administrative activities of the City for the preceding year.
(9) Keep the Council advised of the financial condition and future needs of the City and make such
recommendations as may seem to the City Manager advisable.
(10) Prepare personnel rules subject to the approval of the Council, if a rule or policy has financial
Attachment 2
Excerpt from Southlake Charter
implications for the City, and provide notice of all revisions to the City Council.
(11) Perform such other duties as may be prescribed by this Charter or required of the City Manager
by the Council.
(b) The City Manager shall also have the power to sign all contracts and conveyances made or
entered into by the City.
(Amended on November 6, 2007)
4.15. Acting City Manager.
The City Manager, within thirty (30) days after taking office, shall designate by letter filed with the City
Secretary, a qualified administrative officer of the City to perform the duties of the City Manager in his/her
absence or disability. Such designation shall be subject to approval of the Council. No member of the City
Council nor the City Secretary shall serve as Acting City Manager. Upon resignation or termination of the City
Manager, the Acting City Manager shall perform the duties of the City Manager until a new City Manager or
Acting City Manager is appointed by the Council.
Should the need for an Acting City Manager occur prior to the City Manager submitting a designee or
prior to the Council's approval of the City Manager's designee, the Council shall appoint an Acting City
Manager.
The City Manager may select a different Acting City Manager by repeating the letter of designation and
obtaining the Council's approval.
(Amended on January 19, 1991)
C.
CITY SECRETARY
4.20. Appointment.
The Council shall appoint a City Secretary who shall report to the Council and act as the Secretary to the
Council and shall hold office at the pleasure of the Council. The City Secretary shall be entitled to a seat at the
Council table at all official meetings.
4.21. Duties of the City Secretary.
The duties and powers of the City Secretary shall be as follows:
(1) Record the minutes of all official meetings of the Council; provided, however, only the captions
of duly enacted ordinances and resolutions shall be recorded in the minutes.
(2) Be the custodian of all municipal records of the Council.
(3) Recommend to the Council rules and regulations to be adopted by ordinances to protect the
QUITCLAIM DEED OFFICIAL RECORD
The UNITED STATES OF AMERICA, acting by and through the Secretary of the Interior,
acting by and through the Southeast Regional Director, National Park Service, under and pursuant
to the power and authority contained in the provisions of the Federal Property and Administrative
Services Act of 1949 (63 Stat. 377), as amended, and particularly as amended by Public Law 485,
91st Congress, and regulations and orders promulgated thereunder (hereinafter designated
"Grantor"), for and in consideration of the perpetual use of the hereinafter described premises for
public park and public recreation area purposes by the City of Southlake, Texas (hereinafter
designated "Grantee"), released and quitclaimed to Grantee, and to its successors and assigns, subject
to the reservations, exceptions, restrictions, conditions and covenants hereinafter expressed and set
forth, all Grantor's right, title and interest in and to the following approximately 0.569 acres of
unimproved land known as the former FAA Outer marker DFW 13R (I") located at 372 East
Dove Rd., Southlake, Tarrant County, Texas 76092 and more particularly described
as follows:
All that certain tract or parcel of land situated in the City of Southlake, Tarrant
County, Texas, being a portion of the J.W. Chivers Survey, Abstract No. 350, and
also being a 0.569-acre tract out of that certain 32.8-acre tract conveyed by W.C.
McPherson et ux to Robert Lee McPherson as recorded in Volume 2867, page 1935
of the Deed Records of said County, and bounded as follows:
BEGINNING at an iron pin found at fence corner in the north line of East Dove Road
for southeast corner of this tract and most westerly southeast corner of said 32.8-acre
tract; Thence West with north line of said road, 50.00 feet to a11/2 inch iron pin set for
southwest corner of this tract; Thence N.01'20'23 "E., 496.26 feet to a %2 inch iron pin
set for northwest corner of this tract; Thence S.89°47'13"., 50.00 feet to an iron pin
found at fence corner for northeast corner of this tract and ell corner of 32.8-acre
tract; Thence S.01'20'23 "W. with most westerly east line of 32.8-acre tract and along
fence, 497.07 feet to the place of BEGINNING and containing 0.569-acre of land.
SAVE AND EXCEPT, and there is hereby reserved unto the United States of America, and
its assigns, all oil, gas and other minerals lying upon the surface or at any depth of the above
described property, together with the right of ingress and egress at all time for the purpose of mining,
drilling, exploring, operating, and developing said lands for oil, gas and other minerals and removing
the same therefrom.
SAVE AND EXCEPT, and there is hereby reserved unto the United States of America, and
its assigns, all rights and interests which have been previously reserved to the United States of
America in any patent(s) which cover(s) the property.
FURTHER, SUBJECT TO the following, to the extent and only to the extent that they are
valid and subsisting and affect the above-described premises:
Page 1 of 9 BV_M73574 p.' 116
1. All existing licenses, permits, easements and rights-of-way for public streets, roads
and highways, public utilities, electric power lines, electric transmission facilities,
railroads, pipelines, ditches, conduits and canals on, over and across said land,
whether or not of record.
2. All existing interest(s) to or outstanding in third parties in and to water rights, ditch
rights, as well as oil, gas, and/or minerals, whether or not of record.
3. All other existing interest reserved by any grantor(s) in chain of title unto said
grantor(s), their respective successors and assigns, which affects any portion of the
property interest(s) hereinabove described, whether or not of record.
4. Any survey discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments, or protrusions, or any overlapping or improvements, which may
affect the subject property.
5. Existing ordinances or resolutions, special purpose district rules and regulations,
including soil conservation district rules and regulations and water conservancy
district rules and regulations, filed of public record affecting all or any portion of the
subject property.
To Have and to Hold the hereinbefore described property, subject to the reservations,
exceptions, restrictions, conditions and covenants herein expressed and set forth unto the Grantee,
its successors and assigns, forever.
Pursuant to authority contained in the Federal Property and Administrative Services Act of
1949, as amended, and applicable rules, regulations and orders promulgated thereunder, the General
Services Administration determined the subject property to be surplus to the needs of the United
States of America and assigned the property to the Department of the Interior for further conveyance
to the City of Southlake, Texas.
It is agreed and understood by and between the Grantor and Grantee, and the Grantee, by its
acceptance of this deed, does acknowledge its understanding of the agreement, and does covenant
and agree for itself, and its successors and assigns, forever, as follows:
1. The property shall be used and maintained for the public purposes for which it was
conveyed in perpetuity as set forth in the Program of Utilization and Plan contained in the
application, submitted by the Grantee on November 6, 2008, which program and plan may be
amended from time to time at the request of either the Grantor or Grantee, with the written
concurrence of the other party, and such amendments shall be added to and become a part of the
original application.
Page 2 of 9
M901~74 p.2 10
2. The Grantee shall, within 6 months of the date of this deed of conveyance, erect and
maintain a permanent sign or marker near the point of principal access to the conveyed area which
says:
This park land was acquired through the FEDERAL LANDS TO PARKS
PROGRAM of the United States Department of the Interior, National Park Service,
for the public's recreational use and enjoyment.
3. The property shall not be sold, leased, assigned, or otherwise disposed of except to
another eligible governmental agency that the Secretary of the Interior agrees in writing can assure
the continued use and maintenance of the property for public park or public recreational purposes
subject to the same terms and conditions in the original instrument of conveyance. Any mortgage,
lien, or any other encumbrance not wholly subordinate to the reverter interest of the Grantor shall
constitute an impermissible disposal. However, this provision shall not preclude the Grantee and its
successors or assigns from issuing revenue or other bonds related to the use of the property to the
extent that such bond shall not in any way restrict, encumber, or constitute a lien on the property.
Further, nothing in this provision shall preclude the Grantee from providing related recreational
facilities and services compatible with the approved application, through concession agreements
entered into with third parties, provided prior concurrence to such agreements is obtained in writing
from the Secretary of the Interior.
4. From the date of this conveyance, the Grantee, its successors and assigns, shall submit
biennial reports to the Secretary of the Interior, setting forth the use made of the property during the
preceding 2-year period, and other pertinent data establishing its continuous use for the purposes set
forth above, for ten consecutive reports and as further determined by the Secretary of the Interior.
5. All revenue received by the Grantee through concession agreements, use permits, or other
fees generated by activities on the property shall be used only for the implementation of an approved
Program of Utilization or the operation of park and recreation facilities and programs on the
property. After the Program of Utilization is completed, and as long as the property is properly and
sufficiently operated and maintained, the revenue may be used for other public park and recreational
purposes by the Grantee. Any revenue received by the Grantee which is generated on or by the
operation of the property shall not be used for non-recreational purposes. Any revenue received by
the Grantee which is generated through the operation of the property shall be listed and accounted
for in its biennial reports to the National Park Service.
6. The Grantor, and any representative it may so delegate, shall have the right of entry upon
said premises at any time to conduct inspections of the property for the purpose of evaluating the
Grantee's compliance with the terms and conditions of this deed.
7. As part of the consideration for the Deed, the Grantee covenants and agrees for itself, its
successors and assigns, that (1) the program for or in connection with which this Deed is made will
be conducted in compliance with, and the Grantee, its successors and assigns, will comply with all
Page 3 of 9
)12,`,V357~ A ~o
requirements imposed by or pursuant to the regulations of the Department of the Interior in effect
on the date of this Deed (43 C.F.R. Part 17) issued under the provisions of Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d-1); (2) this covenant shall be subject in all respects to the
provisions of said regulations; (3) the Grantee, its successors and assigns, will promptly take and
continue to take such action as may be necessary to effectuate this covenant; (4) the United States
shall have the right to seek judicial enforcement of this covenant, and (5) the Grantee, its successors
and assigns, will (a) obtain from each other person (any legal entity) who, through contractual or
other arrangements with the Grantee, its successors and assigns, is authorized to provide services or
benefits under said program, a written agreement pursuant to which such other person shall, with
respect to the services or benefits which he is authorized to provide, undertake for himself the same
obligations as those imposed upon the Grantee, its successors and assigns, by this covenant, and (b)
furnish a copy of such agreement to the Secretary of the Interior, or his successor; and that this
covenant shall run with the land hereby conveyed, and shall in any event, without regard to technical
classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and
equity for the benefit of, and in favor of the Grantor and enforceable by the Grantor against the
Grantee, its successors and assigns.
8. The Grantee agrees to comply with the requirements of Public Law 90-480 (82 Stat. 718),
the Architectural Barriers Act of 1968, as amended by Public Law 91-205 of 1970 (84 Stat. 49), and
the Americans with Disabilities Act of 1990 (104 Stat. 337) to assure that development of facilities
on conveyed surplus properties for public park and recreation purposes are accessible to the
physically handicapped; and, further assure in accordance with Public Law 93-112, the
Rehabilitation Act of 1973 (87 Stat. 394), that no otherwise qualified handicapped individual shall
solely by reasons of his handicap be excluded from the participation in, be denied benefits of, or be
subjected to discrimination under any program or activity receiving Federal financial assistance.
9. The Grantee, by acceptance of this deed, acknowledges that it has received the following
notice of hazardous substance activity and reservation of access by the Grantor concerning the herein
described lands. Each of these statements is given by the Grantor in compliance with Section
120(h)(3) ofthe Comprehensive Environmental Response, Compensation and Liability Act of 1980,
as amended (CERCLA), 42 U.S.C. §9620(h)(3):
(A) NOTICE Regarding Hazardous Substance Activity. Pursuant to 40 C.F.R. 373.2 and
Section 120(h)(3)(A)(I) ofthe Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended (CERCLA)(42 U.S.C. § 9620(h)(3)(A)(I), and based upon a complete
search of agency files, the United States gives notice that no hazardous substances have been
released or disposed of or stored for one year or more on the conveyed property.
(B) CERCLA Covenant. The Grantor warrants that all remedial action necessary to protect
human health and the environment has been taken before the date of this conveyance.
Grantor further warrants that it shall take any additional response action found to be
necessary after the date of this conveyance regarding hazardous substances located on the
subject property on the date of this conveyance.
Page 4 of 9
12MM74 p.q ID
(1) This covenant shall not apply:
(a) in any case in which Grantee, its successors or assigns, or any successor in interest
to the subject property or part thereof is a Potentially Responsible Party (PRP) with
respect to the subject property immediately prior to the date of this conveyance; or
(b) to the extent but only to the extent that such additional response action or part
thereof found to be necessary is the result of an act or failure to act of the Grantee,
its successors or assigns, or any party in possession after the date of this conveyance
that either:
(I) results in a release or threatened release of a hazardous substance that was not
located on the subject property on the date of this conveyance; or
(ii) causes or exacerbates the release or threatened release of a hazardous substance
the existence and location of which was known and identified to the applicable
regulatory authority as of the date of this conveyance.
(iii) in the case of a hazardous substance(s) previously unknown by Grantor and
Grantee as of the date of this conveyance but which is hereafter discovered by
Grantee, its successor(s) or assign(s), or any party in possession and where after such
discovery, Grantee, its successor(s) or assign(s), or any party in possession thereafter
causes or exacerbates a release of threatened release of such hazardous substance(s).
(2) In the event Grantee, its successors or assigns, seeks to have Grantor conduct any
additional response action, and, as a condition precedent to Grantor incurring any additional
cleanup obligation or related expenses, Grantee, its successors or assigns, shall provide
Grantor 45 days written notice of such a claim. In order for the 45-day period to commence,
such notice must include credible evidence that:
(a) the associated contamination existed prior to the date of this conveyance; and
(b) the need to conduct any additional response action or part thereof was not the
result of any act or failure to act by the Grantee, it successors or assigns, or any party
in possession.
(C) Access. Grantor reserves a right of access to all portions of the subject property for
environmental investigation, rededication or other corrective action. This reservation
includes the right of access to and use of available utilities at reasonable cost to
Grantor. These rights shall be exercisable in any case in which a remedial action,
response action or corrective action is found to be necessary, or in which access is
necessary to carry out a remedial action, response action, or corrective action on
Page 5 of 9
X210, 51q p. 5 ~u
adjoining property. Pursuant to this reservation, the United States of America, and
its respective officers, agents, employees, contractors and subcontractors shall have
the right (upon reasonable advance written notice to the record title holder) to enter
upon the subject property and conduct investigations and surveys, to include drilling,
test-pitting, bores, data and records compilation and other activities related to
environmental investigation, and to carry out remedial or removal actions as required
or necessary, including but not limited to the installation and operation of monitoring
wells and pump wells, and treatment facilities. Any such entry, including such
activities, responses or remedial actions, shall be coordinated with Grantee, its
successors and assigns, and shall be performed in a manner that minimizes
interruption with activities of authorized occupants.
10. Grantee shall be on the lookout for archeological artifacts during any construction
activities and shall take appropriate action should any artifacts be discovered. Grantee shall comply
with the provisions of 36 C.F.R. Part 800, regarding protection of historic and cultural properties.
Grantee's development plans shall avoid sites identified by a Cultural Resources Assessment of the
property, and, prior to any alteration or construction on the property, Grantee shall consult with the
Texas State Historic Preservation Office. Grantee's Cultural Resources Assessment shall include
a plan to protect any potential buried cultural resources which may be discovered and a data
identification/recovery plan for identification and recovery of archeological data from the property.
11. The Grantee covenants for itself, its successors and assigns, and every successor in
interest to the property herein described, or any part thereof, that any construction or alteration is
prohibited unless a determination of no hazard to air navigation is issued by the Federal Aviation
Administration in accordance with Title 14, Code of Federal Regulation, Part 77, entitled "Objects
Affecting Navigable Airspace", or under authority of the Federal Aviation Act of 1958, as amended.
12. The Grantee agrees to comply with the National Environmental Policy Act of 1969, as
amended, the 1977 Amendments to the Federal Water Pollution Control Act (Clean Water Act of
1977), the Federal Disaster Protection Act of 1973 (87 Stat. 975), Executive Order 11288, Executive
Order 11990 (May 24, 1977) for Protection of Wetlands and Executive Order 11988 (May 24, 1977)
for Floodplain Management, where and to the extent said Amendments and Orders are applicable
to the property herein conveyed, and Grantee shall be subject to any use restrictions issued under said
Amendments and Orders.
13. The Grantee shall comply with all applicable Federal, State, and local laws, regulations
and standards that are or may become applicable to the Grantee's activities on the property being
conveyed.
14. In the event there is a breach of any of the conditions and covenants herein contained
by the Grantee, its successors and assigns, whether caused by the legal or other inability of the
Grantee, its successors and assigns, to perform said conditions and covenants, or otherwise, all right,
title and interest in and to said premises shall revert to and become the property of the Grantor at its
Page 6 of 9
~ZD~ D1 1u P.(
option, which in addition to all other remedies for such breach shall have the right of entry upon said
premises, and the Grantee, its successors and assigns, shall forfeit all right, title and interest in said
premises and in any and all of the tenements, hereditaments and appurtenances thereunto belonging;
provided, however, that the failure of the Secretary of the Department of the Interior to require in any
one or more instances complete performance of any of the conditions or covenants shall not be
construed as a waiver or relinquishment of such future performance, but the obligation of the
Grantee, its successors and assigns, with respect to such future performance shall continue in full
force and effect. The Grantee, by its acceptance of this deed, covenants and agrees for itself, and its
successors and assigns, that in the event the Grantor exercises its option to revert all right, title, and
interest in the property to the Grantor, or the Grantee voluntarily returns title to the property in lieu
of a reverter, then the Grantee shall provide protection to and maintenance of said property at all
times until such time as the title is actually reverted or returned to and accepted by the Grantor,
including the period of any notice of intent to revert. Such protection and maintenance shall, at a
minimum, conform to the standards prescribed by the General Services Administration in its Federal
Property Management Regulations, 41 C.F.R. 101 - 47.402, in effect at the time of the reversion.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name
and on its behalf this the day of 2009.
UNITED STATES OF AMERICA
acting by and through the
Secretary of the Interior
Through:
Regional Director
Southeast Region
National Park Service
WITNESSES: By:
1 Chris Abbett
(J Assistant Regional Director
For Partnerships
Southeast Region
STATE OF GEORGIA )
)ss
COUNTY OF FULTON )
Page 7 of 9
IN073574 p.1 qID
On this 13 day of ~F13,ev s~-,c~j , 2009, before me, the subscriber,
personally appeared Chris Abbett, Assistant Regional Director For Partnerships, Southeast Region,
National Park Service, of the United States Department of the Interior, a governmental agency of the
United States of America, and known to me to be the same person described in and who executed
the foregoing instrument, as the act and deed of the United States of America, for and on behalf of
the Secretary of the Interior, duly designated, empowered and authorized so to do by said Secretary
and he acknowledges that he executed the foregoing instrument for and on behalf of the United
States of America for the purposes and uses therein described.
NOTARY PUBLIC
My commission expires:
The foregoing conveyance is hereby accepted and the undersigned agrees, by this
acceptance, to assume and be bound by all the obligations, conditions, covenants and agreements
therein contained.
CITY OF SOUTHLAKE
STATE OF TEXAS
By:
Nana Yelve
City Manager
STATE OF TEXAS )
)ss
COUNTY OF TARRANT )
On this `1 day of L~ , 2009, before me, the undersigned
Officer, personally appeared Shana Yelverton, to me known and known to me to be the same person
whose name is subscribed to the foregoing acceptance, who being by me duly sworn, did depose and
say that she is City Manager City of Southlake, Texas, that she is duly designated, empowered and
authorized by Section 4.14 ofthe Southlake Charter, revised by the City Council of Southlake, Texas
on November 6, 2007 and the Regular City Council Meeting of October 21, 2008, to execute the
foregoing acceptance and sign her name thereto; and that she signed her name thereto and
Page 8 of 9
p2~o1351~ p.g ~ ~D
acknowledges that she executed the foregoing instrument for and on behalf of the City of Southlake,
Texas, for the purposes and uses therein described.
NOT Y PUBLIC
My Commission expires: \M L.8
Usy
pGg<
7/3/ IaDID
49, A
N
VIP,
~~N F Q
07-31
RETURN TO:
CITY OF SOUTHLAKE
OFFICE OF THE CITY SECRETARY
1400 MAIN STREET, SUITE 270
SOUTHLAKE, TEXAS 76092
Page 9 of 9
bvnvi P.9
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♦ s„R a. $
J
CITY OF SOUTHLAKE OFFICE OF THE CITY SECRETARY `
1400 MAIN ST SUITE 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 O DESTROY
WARNING - THIS IS PART THE OFFICIAL RECORD.
Filed For Registration: 03/18/2009 10:48 AM
Instrument D2 9073574
10 S $48,00
By:
1111111IIIIlllllilllllllllVIIIVIIIVIIIVIIIVIII1111IIII
D20907357
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL R U
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR
RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL L.
Printed by: MV