Item 6DCITY OF
SOUTHLAKE
MEMORANDUM
(March 2, 2010)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Ordinance No. 968, 2nd Reading, Adopt an ordinance to
dedicate street right-of-way from City owned property at the
southeast corner of Dove Road and North White Chapel
Boulevard for the purpose of constructing future street
improvements.
Action
Requested: Approve Ordinance No. 968, 2nd Reading, Adopt an ordinance to
dedicate street right-of-way from City owned property at the
southeast corner of Dove Road and North White Chapel Boulevard
for the purpose of constructing future street improvements.
Background
Information: The City property at the southeast corner of the intersection is Lot
1A, Block 1, Amaya Addition and was purchased in 1996 to
facilitate realignment of the intersection of Dove Road. In January
20087 0.432 acre of right-of-way was dedicated from the 1.03 acre
lot for the construction of the roundabout at North White Chapel
Blvd. and Dove Road. The roundabout at Dove Road and North
White Chapel Boulevard is currently under construction.
The approved Master Thoroughfare Plan shows the ultimate
roadway cross section of Dove Road, when traffic counts warrant,
to be a 4-lane divided roadway with a right-of-way width of 88-feet.
The Master Thoroughfare Plan also shows North White Chapel
Blvd., north of SH 114 to be a 4-lane divided roadway. The required
right-of-way for Dove Road will accommodate 4 driving lanes and a
center median. The required right-of-way for North White Chapel
Blvd. will accommodate 4 driving lanes with a center median, as
well as a right turn deceleration lane at Dove Road, as needed.
This item was approved on first reading on February 16, 2010.
Financial
Considerations: There are no costs to the City other than the normal filing fees to
record the right-of-way dedication documents.
Strategic Link: The proposed encroachment agreement links to the city's strategy
map relative to focus area of Mobility, Infrastructure, and
Performance Management and Service Delivery. The specific
corporate objectives that are met by this right of way dedication are
to provide travel convenience within the City and region, to invest to
provide and maintain high quality public assets and to provide high
quality customer service.
Citizen Input/
Board Review: None.
Legal
Review: The ordinance has been reviewed by the City Attorney's office.
Alternatives: The City Council may approve or deny the ordinance.
Staff
Recommendation: Approve Ordinance No. 968.
Supporting
Documents: Location Map
Ordinance 968
Right of Way Documents
Staff
Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Cheryl Taylor, P.E., Civil Engineer
ORDINANCE NO. 968
AN ORDINANCE DEDICATING PERMANENT STREET RIGHT-OF-WAY
FROM CITY OWNED PROPERTY AT THE SOUTHEAST CORNER OF DOVE
ROAD AND NORTH WHITE CHAPEL BOULEVARD DESCRIBED AS LOT 1A,
BLOCK1, AMAYA ADDITION IN THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS; DECLARING THAT SUCH RIGHT-OF-WAY IS
NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO
EXECUTE THE RIGHT-OF-WAY 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
future street improvements (widening of Dove Road and North White Chapel, as
approved in the Master Thoroughfare Plan) at the corner of Dove Road and North White
Chapel Boulevard demonstrates a need for additional right-of-way to construct the
intersection improvements from City owned property at the southeast corner of Dove
Road and North White Chapel Boulevard described as Lot 1A, Block1, Amaya Addition;
and
WHEREAS, the future street improvements 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 right-of-way from City owned property at the southeast corner of Dove
Road and North White Chapel Boulevard described as Lot 1A, Block1, Amaya Addition;
and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
The City of Southlake grants right-of-way 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 Right -of -Way Dedication.
SECTION 3
A copy of the Right -of -Way Dedication 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 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
CITY OF SOUTHLAKE RIGHT-OF-WAY DEDICATION INSTRUMENT
0.069 Acres within Lot 1-A, Block I. Amaya Addition
STATE OF TEXAS §
COUNTY OF TARRANT§
For and in consideration of the sum of ten dollars ($10.00) in hand paid by the City of Southlake, Texas,
the receipt of which is hereby acknowledged, and other good and valuable consideration, including the
benefits that will accrue to my property, I (we), City of Southlake ('GRANTOR'(S)), of Tarrant County,
Texas, as the owner of that certain tract of land in Tarrant County, Texas depicted by metes and bounds
description in Exhibit "A", attached hereto and incorporated herein for all purposes of this dedication,
and as more particularly described by drawing as set forth in Exhibit "B", attached hereto and
incorporated herein for all purposes of this dedication, do hereby dedicate same to the City of Southlake,
Tarrant County, Texas for the use and benefit of the public as a perpetual right-of-way and easement for
the passage and accommodation of vehicular and pedestrian traffic, and the construction, operation, use,
maintenance, inspection, repair, alteration, and replacement of a paved road within the boundaries of the
right-of-way and easement area, and for all other purposes for which a public street and right-of-way is
commonly used, including installing, repairing, maintaining, altering, replacing, relocating and operating
utilities in, into, upon, over, across, and under said right-of-way, and including but not limited to all such
uses permitted by the Laws of the State of Texas and the Ordinances and Charter of the City of
Southlake, Texas.
TO HAVE AND TO HOLD said right-of-way and easement unto the City of Southlake, its successors
and assigns, and GRANTOR(S) hereby bind(s) itself (themselves), its (their) successors and assigns to
warrant and forever defend, all and singular, said premises unto the City of Southlake, its successor: and
assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.
GRANTOR covenants and agrees that GRANTOR and GRANTOR'S heirs, representatives, successors
and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in,
into, upon, over, across or under any easements granted herein any temporary or permanent structures,
and it is further agreed that the City of Southlake shall have the right to excavate and fill upon said
permanent easement, any fences, buildings or other obstructions as may now be found upon said
permanent easement.
It is further intended that the permanent right of way and easement herein granted to the City of
Southlake shall run with the land and forever be a right in and to the land belonging to GRANTOR, and
GRANTOR'S successors and assigns, and said grant is expressly excepted from any right of reversion of
said premises under any prior deeds in GRANTOR'S chain of title. The permanent right—of-way and
easement rights and privileges granted therein are exclusive, and GRANTOR covenants that it will not
convey any other easement or conflicting rights within the area covered by the grant to any other person.
Pagel of 3
IN WITNESS WHEREOF, this dedication instrument is executed this day of
92010.
BY:
John Terrell, Mayor (GRANTOR)
ACKNOWLEDGEMENT
THE STATE OF TEXAS,
COUNTY OF TARRANT
BEFORE ME, the undersigned authority in and for
appeared
County, Texas, on this day personally
known to me or proved to me through
(description of identity card or other document) to be the same
person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she
executed the same for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
NOTARY SEAL
day of , 2010.
Notary Public, State of Texas
Notary's Name (Printed)
Notary's Commission Expires
Page 2 of 3
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest and real property conveyed by this dedication instrument the day
of , 2010, from the CITY OF SOUTHLAKE to the CITY OF SOUTHLAKE, has been
duly accepted subject to all terms and conditions contained therein, and the City Council has consented to
recordation of such dedication instrument by its duly authorized officer.
Dated
SEAL Mayor, CITY OF SOUTHLAKE
ATTEST:
City Secretary
AFTER EXECUTION BY GRANTOR,
PLEASE RETURN ORIGINAL TO:
CITY OF SOUTHLAKE
C/O Cheryl Taylor
1400 Main Street, Suite 320
Southlake, TX 76092
Phone: 817-748-8098
Fax: 817-748-8077
AFTER RECORDING, PLEASE RETURN
ORIGINAL TO:
CITY OF SOUTHLAKE
C/o City Secretary
1400 Main Street, Suite 270
Southlake, TX 76092
Phone: 817-748-8016
Page 3 of 3
EXHIBIT "A"
Being a 0.069 of an acre tract of land situated within Lot 1-A, Block 1, Ama ra Addition, ail
addition to the City of Southlal e, Tarrant County, Texas, as shown by plat recorded in Volume
388-170, 'age 32, Plat Records, Tarrant County, Texas., and being more particularly described
by metes and hounds as follows:
COMMENCING at a inch iron rod found for the north common corner of said Lot 1-A and
Lot 2R-1, Bloch 1, Ama a Addition, an addition to the City of Southlake, Tarrant County,
Texas, as shown by plat recorded in Cabinet A, Slide 1320 of said Plat Records, from which a
P.K. nail found for the northwest corner of same Lot I -A bears South 8 8'52" " West, 2 3 2.49
feet;
THEN CSouth o '23' 12" East, with the come orr line of said Lot 1-A and Lot 2 -1, a distance
of 28.08 feet to a point on the south right-of-way lure of said Dove Road as shorn by dedication
recorded in Instrument No. D208047108, Deed Records, Tarrant County, Texas for the POINT
Q.F. BEGINNING;
`HENCE South 00' 3' 12" East, with said common line, a distance of 4.21 feet to a inch
cap p.ediron rod stamped "TNP" set for corner;
TH C .youth 64' t1 West over and across said Lot 1- , a distance o f 18 7.06 feet to
inch capped iron rod stamped "TN " set for corner;
THENCE South 349 V30West, continuing over and across said Lot 1-A, a distance of 93.6
feet. to. a. inch capped iron rod stamped TNP set for corner on the common line of Lot 1-A
and Lot 1-B of said addition.;
THENCE North 8 9°46r41 "t West, with said common lire, a distance of 11.46 feet to a point for
the west common corner of said Lots 1-A and Lot I - , said corner being on the east right-of-way
line.of White Chapel Boulevard variable width right-of-way), from which a 1 2 inch iron rod
found for the southwest corner of said addition hears South 00' 13'2 8 " West, 18 7.64 feet;
WHENCE North 0001 '28" East, with said east right-o - way line, a distance of 1. 0 8 feet to a
point for cornier on the dedicated south right-of-way line of said Dove Road;
THENCE C with said dedicated south right-of-way lire, the following courses and distances:
North 2 °4 r 9" East, a distance of 43.13 feet to a point for corner;
North 5 115 o' 3 4 "t East, a distance o f I 11 .3 6 feet to a point for corner;
North 64'4 '46" East, a distance of 106.65 feet to a point for comer;
Sheet I of
EXHIBIT "A"
(continued)
`HENCE North 7 8 ° 3 3'08" East, a distanee of 3 3.33 feet to the PO INT of BEGINNING and
containing 0.069 of an acre of la., more or less.
k
r Date: August 10, 2009
Hcky -itry, R.P.L.S�
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Texas Registration No. 5 5 19 OF
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Notes:
Bearings are based upon the Texas State
Plane Coordinate System, North Central
Zone IA.I.
2. Integral parts of this survey:
A. Legal Descriptions
B. Sketch
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(PORTION of LOT 2R—...
DOVE ROAD CITY OF SO T LAB E
CALLED AN T E—DOVE ROAD VOL. 13754, PG. 49
VOL. 88-170, PG. 32, P.R.T. . T. D. R .T.O.T.
(VARIABLE RIGHT-OF-WAY)
P.K. NAIL .,,�..
FOUND (232.711 PLAT) S00*23`1 2)1E
DEDICATED D RIGHT—OF—WAY 2 .0 ' POINT- �OF
INST. No. 20 71 8 1.5 COMMENCING
D. R.T. .T, �Y
' POINT 'OF
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� BEGINNING
LOT 1— , BLOCK 1 1 o ,
JAM . ADDITION
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NOTES: "IRS`
1. Bearings are based on the
Texas State :Plane Coordinate
System, North Central Zone
AD,
2, Integral parts of this surrey:
a. Legal Description
b. Sketch
y L Gentry, R.P.L.../
exas Registration No. 5519
August 10, 2009
Date:
L
P%FYIm # n r%WW1 11wom
VOL. 388-1701, PG. 32
Note: 0 25 50 100
This survey was performed without the
benefit of a title commitment or abstract
of title; Teague Nall and Perkins does not
show or assume any liability for any SCALE: 1 }� � '
easements or encumbrances that may, or
may .gnat, affect the subject tract of land.
EXHIBIT SHOWING
0.069 ACRE
Portion of Lot 1--A,
Block 1, Amaya Addition
City of Southlake
Tarrant County, Texas
N
TEAGUE NALL AND. PERKINS
Civil Engineering I Surveying ILandscape Architecture I Planning
1100 Macon Street Fort North Tx 76102
SHEET 3 OF 3
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