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Item 6A M E M O R A N D U M November 24, 2008 To: Shana Yelverton, City Manager From: Chris Tribble, Interim Director of Community Services Subject: Ordinance No. 948, 2nd Reading, Dedicate a public utility easement for pedestrian access, roadway, utilities, and drainage on city-owned property at Liberty Park at Sheltonwood. PUBLIC HEARING Action Requested: Approve Ordinance No. 948, 2nd Reading, to adopt an ordinance to dedicate a public utility easement for pedestrian access, roadway, utilities, and drainage on city owned property at Liberty Park at Sheltonwood. Background Information: The City of Southlake intends to construct an 8’ multi-use trail. The city needs a variable width Public Utility Easement, adjacent to the right-of-way, on Liberty Park at Sheltonwood property located at 590 East Dove Road. The easement is approximately 0.19 acre, as described and shown in Exhibit “A” attached. This item was presented to the Parks and Recreation Board on October 13, 2008. The Parks and Recreation Board recommended the City Council grant the easement (7-0). This is a somewhat unusual situation in that the City normally receives easements from private property owners to accommodate public improvements. In this case, the City will be obtaining/granting public easements from public property for public purposes. Financial Considerations: There are no costs to the City other than the normal filing fees to record the easement documents. Citizen Input/ Board Review: Parks and Recreation Board recommended approval on October 13, 2008. st City Council approved 1 Reading on November 18, 2008. Legal Review: The ordinance has been reviewed by the City Attorney’s office. Shana Yelverton, City Manager City Council Meeting – November 18, 2008 Page 2 of 7 Alternatives: The City Council may approve or deny the ordinance. Supporting Documents: Ordinance No. 948 Exhibit A and B Staff Recommendation: Approve Ordinance No. 948, to dedicate a public utility easement for pedestrian access, roadway, utilities, and drainage on city-owned property at Liberty Park at Sheltonwood. Staff Contact: Chris Tribble, Interim Director Parks Peter M. Kao, P.E., Construction Manager Shana Yelverton, City Manager City Council Meeting – November 18, 2008 Page 3 of 7 ORDINANCE NO. 948 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: Shana Yelverton, City Manager City Council Meeting – November 18, 2008 Page 4 of 7 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, 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. Shana Yelverton, City Manager City Council Meeting – November 18, 2008 Page 5 of 7 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 ______ DAY OF ____________________, 2008. ________________________________ MAYOR/ANDY WAMBSGANSS ATTEST: ________________________________ CITY SECRETARY/LORI PAYNE PASSED AND APPROVED ON SECOND READING ON THIS ______ DAY OF ____________________ 2008. ________________________________ MAYOR/ANDY WAMBSGANSS ATTEST: ________________________________ CITY SECRETARY/LORI PAYNE APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Shana Yelverton, City Manager City Council Meeting – November 18, 2008 Page 6 of 7 Shana Yelverton, City Manager City Council Meeting – November 18, 2008 Page 7 of 7