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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