Item 6DCity of Southlake, Texas
MEMORANDUM
September 2, 2008
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Ordinance No. 941, 2nd Reading, Adopt an ordinance to dedicate a public
utility easement for public use on city owned property at Bicentennial Park
for the construction of a right turn deceleration lane along West Southlake
Boulevard.
Action
Requested: Adopt Ordinance No. 941, 2nd Reading, Adopt an ordinance to dedicate a
public utility easement for public use on city owned property at Bicentennial
Park for the construction of a right turn deceleration lane along West Southlake
Boulevard.
Background
Information: The City of Southlake is working with the Texas Department of Transportation
(TxDOT) to construct right turn deceleration lanes at several locations along
FM1709 (Southlake Boulevard). In order to construct the deceleration lane with
associated utility relocations and an 8' sidewalk, the city needs a variable width
Public Utility Easement for Public Use, adjacent to the right -of -way, on
Bicentennial Park property located at 300 West Southlake Boulevard.
The easement is approximately 0.010 acre, as more particularly described and
shown in Exhibit "A" attached hereto and incorporated herein. This item was
presented to the Parks and Recreation Board on August 11, 2008. The Parks and
Recreation Board recommends the City Council grant the easement.
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 August 11, 2008.
Legal
Review: The ordinance has been reviewed by the City Attorney's office.
Alternatives: The City Council may approve or deny the ordinance.
Supporting
Documents: Location Map
Ordinance 941
Easement Documents
Staff
Recommendation: Adopt Ordinance No. 941.
Staff
Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Cheryl Taylor, P.E., Civil Engineer
(1)
C:
U
ma
O -vq
U
O
—11111
�
�
�
�
�
�
�
�
�
�
(3)
C.)
�
|
CL
�
�
�
.0
�
�
�
0
1
-
�
r, : ^ • .�
I UM
�\ *�
�-
��«
. _
4P � �-
�
c E
W
W
; f
ORDINANCE NO. 941
AN ORDINANCE DEDICATING A PUBLIC UTILITY EASEMENT FOR PUBLIC
USE UPON AND ACROSS A PORTION OF CITY OWNED PROPERTY AT
BICENTENNIAL PARK LOCATED AT 300 WEST SOUTHLAKE BOULEVARD,
DESCRIBED AS LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686 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 for the FM1709 Right Turn Deceleration Lane Project along
Southlake Boulevard demonstrates a need to construct a right turn deceleration lane,
with associated utility relocations and an 8' sidewalk at Bicentennial Park, located at
300 West Southlake Boulevard (Littleberry G. Hall Survey, Abstract No. 686); and
WHEREAS, the right turn deceleration lane 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 right turn deceleration lane upon and across City owned property at
Bicentennial Park, 300 West Southlake Boulevard (Littleberry G. Hall Survey, Abstract
No. 686); and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
The City of Southlake grants a Public Utility Easement for Public Use in the
portion of Bicentennial Park at 300 West Southlake Boulevard (Littleberry G. Hall
Survey, Abstract No. 686) 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 Public Use.
SECTION 3
A copy of the Public Utility Easement for Public Use 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
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
CITY OF SOUTHLAKE
PERMANENT PUBLIC UTILITY EASEMENT
FOR PUBLIC USE
THE STATE OF TEXAS §
COUNTY OF TARRANT §
That We, the City of Southlake, GRANTOR herein, for and in consideration
of the sum of Ten ($10.00) Dollars and other good and valuable consideration
in hand paid by the CITY OF SOUTHLAKE, home rule municipal
corporation of the County of Tarrant, State of Texas, GRANTEE herein, the
receipt and sufficiency of which is hereby acknowledged and confessed, do
hereby grant, sell and convey unto the said GRANTEE a permanent and
perpetual easement for the purpose of installing, repairing, maintaining,
altering, replacing, relocating, rebuilding, removing, and operating public
utility facilities in, into, upon, over, across, under and through all that land in
Tarrant County Texas described as follows, to -wit:
A variable width Permanent Public Utility Easement (P.U.E) for
Public Use containing approximately 0.010 acres through the
Littleberry G. Hall Survey, Abstract No. 686 with property address of
300 W Southlake Blvd., and as more particularly described and
shown in Exhibit "A" attached hereto and incorporated herein
together with the right of ingress and egress as necessary for such purposes.
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 GRANTEE shall have the right to
excavate and fill upon said permanent easement and to remove from 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 Public Utility Easement for Public
Use herein granted to the GRANTEE 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 Public Utility Easement for Public Use, rights and
privileges granted therein are exclusive, and GRANTOR covenants that it
Page 1 of 3
will not convey any other easement or conflicting rights within the area
covered by the grant to any other person.
IN WITNESS WHEREOF, this dedication instrument is executed this day of
.2008.
IM
GRANTOR on behalf of the City of Southlake (signature)
(printed name)
ACKNOWLEDGEMENT
THE STATE OF TEXAS,
COUNTY OF TARRANT
BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day
personally appeared 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 day of
2008.
NOTARY SEAL
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 , 2008, from
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, P.E. or
Cristina McMurray, CPM
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
TSC Job No. P202060434
Pagel of
May 22, 2008
Revised August 4, 2008
Exhibit A
Parcel 4
P.U.E. —Public Utility Easement
For Public Use
Being a Public Utility Easement out of the Littleberry G. Hall Survey, Abstract No. 686, Tarrant
County, Texas, and being a portion of the City of Southlake Bicentennial Park, said easement
being more particularly described by metes and bounds as follows:
BEGINNING at the Southwest comer of said City tract and said easement, also being the
Southeast comer of Lot 1, Block 1, Woodland Hills RSU Addition, as recorded in Cabinet A,
Slide 608, Plat Records, Tarrant County, Texas (P.R.T.C.T.) and being in the Northerly right-of-
way line of FM 1709, from which a monument found bears South 61 degrees 34 minutes 54
seconds East, a distance of 0.46 feet;
1) Thence North 02 degrees 17 minutes 30 seconds West, along the common West line of
said City tract and East line of said Lot 1, a distance of 15.02 feet to a 5/8 inch iron rod
with plastic cap stamped "TranSystems" set at the intersection of said common line and
the North line of said easement, from which a 5/8 inch iron rod with plastic cap found for
the Northeast comer of said Lot 1 bears North 02 degrees 17 minutes 30 seconds West, a
distance of 135.24 feet;
2) Thence South 81 degrees 09 minutes 02 seconds East, along the North line of said
easement, a distance of 60.81 feet to a 5/8 inch iron rod with plastic cap stamped
"TranSystems" set at the beginning of a curve to the right and being in the common
South line of said City tract and said Northerly right-of-way line;
3) Thence 59.75 feet along the are of the said curve to the right and said common line
through a central angle of 00 degrees 36 minutes 18 seconds, a radius of 5,659.58 feet
and a long chord which bears South 84 degrees 34 minutes 18 seconds West, a distance
of 59.75 feet to the POINT OF BEGINNING and containing 0.010 acres (451 square
feet) of land more or less.
G:T-WO6\0434\Survey\ParceIO4.doc
TSC Job No. P202060434
Page 2 of 3
May 22, 200
Revised August 4, 2008
Note: Survey sketch to accompany this legal description.
Note: Bearings are based on NAD 83 Datum, Texas State Plane Coordinate System, North
Central Zone
That 1, David L. Dawson, a Registered Professional Land Surveyor in the State of Texas,
hereby states that this survey was made from an actual on the ground survey made in April,
2008 under my supervision, that all monuments exist as shown hereon and this survey
substantially conforms with the current professional and technical standards as set forth by the
Texas Board of Professional Land Surveying.
iN
Davi L. Dawson 4.
Registered Professional Land Surveyor
DAVID I-. P - INSON
Texas Registration No. 4672
, 4" '
4672 Q
�
0
Date: -g q;8�
GAFW06\0434NSurvey\Parce104.doc
Q 78inch Iron rod with plastIc COP stamped
'Tron,systems Corporation'
Marker found 'as noted'
41
ftleberl- Go
N umber
_,v
Fa
Zt
5' UTILITY EASE. -4 N
PER PLAT CURVE CITY-02
DELTA- 3 13'17' (RT)
R" 5,1159,511
L= 318.22 CITY OF SOUTHLAKE
Ln
L4 CB- S 82' 39'31'W BICENTENIAL PARK
GTE SOUTHWEST INCORPORATED I Q LC 318
VOL.10154, PG. 666
D. R. T. C. T. CURVE CITY-01
WOODLAND HILLS RSU ADDITION I DE T TA - 0'36'18'(RT)
Z-1
LOT I, BLOCK I R-L5,659.58 0.0/0 ACRES
CAB. A, SLIDE 608 (451 SO. FT.)
P. R. T. C. T.
S LC= 59.75 B=
S 84' 34'18'W
LC 59.75
_(5' UTILITY EAS E.
ER PLAT �_S 8r09'02'E r y;02 60.81' CURVE CIT
E XISTING
Ain
UONAI.FND. BE
5 6r 34' 54' E -9.46'
CURVE CITY-01
CEL 4 15. OZ
— _EXISTING ROW At 2' 17'•30' W
ii
310+
1709 - - - - - -4
CURVE CL5
EXISTING FM 1709
DELTA- /0* 37'03'(LT)
R- 5,729.58
L= 1,06/.75
CB- N 85' 56'18'E
LC- 1, 060.23
Scale Z Feet
0 25 50 75
NOTE. Legal descrIptlan to accompany plot.
SHEET TITLE
L 4
A,
r a
Gi TY OF SOUTHLAKE BICENNTENIAL PARK
PROJECT
Taxas Department
of TransportaUon
A 2008
DAVID I_ DA�NSQN
4672 4%,
PUBLIC UTILITY EASEMENT
FOR PUBLIC USE
Page 3 of 3
I
PROD NO: P202060434
SCALE: 1 INCH = 50 FEET
DATE: 5-22-2008
DESIGNED BY: CGG
DRAWN BY. JAK
CHECKED BY. DLD