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Item 6BM E M O R A N D U M January 19, 2010 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services nd Ordinance No. 966, 2 Reading, Dedication of Drainage SUBJECT: Easement for Public Use on Johnson Park Property PUBLIC HEARING nd Action Requested: City Council approval of Ordinance No. 966, 2 Reading and Public Hearing, dedication of drainage easement for public use on Johnson Park property Background Information: New homes are being constructed adjacent to Johnson Park. These homes need a very shallow and gradual swale adjacent to the current trail to allow for proper drainage. The City needs a Public Drainage Easement for public use, adjacent to the sidewalk at Johnson Park. The easement is approximately 0.1 acre, as more particularly described and shown in Exhibit “A” attached hereto and incorporated herein. The Community Services Department has reviewed the alignment and easement documents and is satisfied that the easement will place no burden or detrimental encumbrance on the park land. Financial Considerations: There are no costs to the City other than the normal filing fees to record the easement documents. Strategic Link: This item is linked to the City’s Strategy Map related to the focus areas of Infrastructure and meets the corporate objectives to Collaborate with Select Partners to Implement Service Solutions. Citizen Input/ st Board Review: City Council approved Ordinance No. 966 (6-0) on 1 Reading at the January 19, 2010 meeting. 6B - 1 Shana Yelverton, City Manager Meeting Date – February 2, 2010 Page 2 of 9 Parks Board recommended approval 9-0 at their January 11, 2010 meeting. Legal Review: Not applicable Alternatives: 1) Approve as presented 2) Decision not to approve Supporting Documents: Aerial Location Map Plat Documents Easement document Exhibit A – Description and Survey Ordinance No. 966 Staff nd Recommendation: City Council approval of Ordinance No. 966, 2 Reading and Public Hearing for dedication of drainage easement for public use on Johnson Park property. 6B - 2 Shana Yelverton, City Manager Meeting Date – February 2, 2010 Page 3 of 9 Public Utility Easement will run Aerial Location Map: adjacent to current trail on south side. 6B - 3 Shana Yelverton, City Manager Meeting Date – February 2, 2010 Page 4 of 9 6B - 4 Shana Yelverton, City Manager Meeting Date – February 2, 2010 Page 5 of 9 6B - 5 Shana Yelverton, City Manager Meeting Date – February 2, 2010 Page 6 of 9 6B - 6 Shana Yelverton, City Manager Meeting Date – February 2, 2010 Page 7 of 9 ORDINANCE NO. 966 AN ORDINANCE DEDICATING A PUBLIC DRAINAGE EASEMENT FOR PEDESTRIAN ACCESS, ROADWAY, UTILITY, AND DRAINAGE UPON AND ACROSS A PORTION OF CITY OWNED PROPERTY AT JOHNSON PARK. BEING ALL THAT TRACT OF LAND IN THE CITY OF SOUTHLAKE, TARRANT, COUNTY TEXAS A PART OF THE J.J. FRESHOUR SURVEY, ABSTRACT No. 521 AND BEING A PART OF LOT 1, BLOCK 1, JOHNSON PLACE ESTATES, AN ADDITION OF THE CITY OF SOUTHLAKE RECORDED IN CABINET A, SLIDE 12308, TARRANT COUNTY PLAT RECORDS. 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 a .132 acre drainage swale at Johnson Park, Part of Lot 1, Block 1, Johnson Place Estates. 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 fifteen foot easement across City owned property at Johnson Park, Part of Lot 1, Block 1, Johnson Place Estates. (J.J. Freshour Survey, Abstract No. 521); and 6B - 7 Shana Yelverton, City Manager Meeting Date – February 2, 2010 Page 8 of 9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The City of Southlake grants a Public Drainage Easement for pedestrian access, roadway, utilities, and drainage in the portion of Johnson Park (J.J. Freshour Survey, Abstract No. 521) to the City of Southlake, Tarrant County, Texas, more specifically shown in Exhibit “B” 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 Drainage Easement for pedestrian access, roadway, utilities, and drainage. SECTION 3 A copy of the Public Drainage 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. 6B - 8 Shana Yelverton, City Manager Meeting Date – February 2, 2010 Page 9 of 9 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 ____________________, 2010. ________________________________ MAYOR/JOHN TERRELL ATTEST: ________________________________ CITY SECRETARY/LORI PAYNE PASSED AND APPROVED ON SECOND READING ON THIS ______ DAY OF ____________________ 2010. ________________________________ MAYOR/ JOHN TERRELL ATTEST: ________________________________ CITY SECRETARY/LORI PAYNE APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 6B - 9