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