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Item 4HCITY OF SOUTHLAKE MEMORANDUM (April 20, 2010) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Approve right-of-way acquisition at the southwest corner of Dove Road and North White Chapel Boulevard for the construction of roundabout intersection improvements with Dove 114 Infinity LLC in the amount of $138,860.57 Action Requested: Approve right-of-way acquisition at the southwest corner of Dove Road and North White Chapel Boulevard for the construction of roundabout intersection improvements with Dove 114 Infinity LLC in the amount of $138,860.57. Background Information: Construction of the roundabout at Dove Road and North White Chapel requires 1.341 acres of street right-of-way along North White Chapel from the property at the southwest corner of the intersection, known as Abstract 1620, Tract 1, owned by Dove 114 Infinity LLC. 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 SH114 to be a 4-lane divided roadway with a right-of- way width of 88-feet. Total ROW Required 1.341 Acres Area Currently in Prescriptive Use 0.858 Acres Net Area of Acquisition 0.483 Acres Compensation to Dove 114 Infinity LLC $138,860.57 Financial Considerations: Funds are budgeted in the FY 2008 and FY 2009 and FY2010 Capital Improvement Program budget for this project. Strategic Link: The construction of the roundabout at the intersection Dove Road at North White Chapel Boulevard links to the city's strategy map relative to the focus areas of Mobility, Infrastructure, and Performance Management and Service Delivery. The specific corporate objectives that are met by this construction project include: Providing travel convenience within city and region; Providing high quality customer service; and Investing to provide and maintain high quality public assets. Citizen Input/ Board Review: None. Legal Review: The Right -of -Way documents have been reviewed by the City Attorney's office. Alternatives: The City Council may approve or deny the right-of-way acquisition. Staff Recommendation: Approve right-of-way acquisition at the southwest corner of Dove Road and North White Chapel Boulevard for the construction of roundabout intersection improvements with Dove 114 Infinity LLC in the amount of $138,860.57. Supporting Documents: Location Map 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 CL 5 r ■ 0 0 J CD CITY OF SOUTHLAKE RIGHT-OF-WAY DEDICATION INSTRUMENT 1,314 Acres James J. West Survey Abstract No. 1620 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), Dove 114 Infinity LLC ('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 fortis 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. Page I of 3 IN WITNESS WHEREOF, this dedication instrument is executed this day of 2009. BY: BY: Printed Name & Title (Grantor on behalf of Dove 114 Infinity LLC) Signature (Grantor on behalf of Dove 114 Infinity LLC) ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE ME, the undersigned authority in and for County, Texas, on this day personally tp 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 .2009. 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 2009, from Dove 114 Infinity LLC 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 SOUT14LAKE CIO Cheryl Taylor 1400 Main Street, Suite 320 SouthIake, 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 1.341 acre tract of land situated within the James J. West Survey, Abstract No. 1620, and being all a portion of a tract of land described to Dove 114 Infinity, LLC by deed recorded in Document No. D207449557, Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a rail road spike found for the northeast corner of said Dove 114 tract, also being in the approximate centerline of White Chapel Boulevard (a variable width right-of-way) and also being on the south right-of-way line of Dove Street(a variable width right-of-way); THENCE South 00°15'07" East, with said approximate centerline, a distance of 1281.57 feet to a rail road spike found for the southeast corner of same Dove 114 tract; THENCE South 88058'20" West, with the south line of said tract, passing at 29.55 feet a pipe found, a total distance of 45.58 feet to a 518 inch capped iron rod stamped "TNP" set for corner; THENCE North 00015'08" West, over and across the Dove 114 tract, a distance of 1282,35 feet to a 518 inch capped iron rod stamped "TNP" set for corner on said south right-of-way line; THENCE North 89057'36" East, with said south right-of-way, a distance of 45.58 feet to the POINT OF BEGINNING and containing 1.341 acres of land, more or less, of which a portion appears to lie within the extents of White Chapel Boulevard. JG� i ky L Gentry, RPLS Texas Registration No. 5519 Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83) Inteoral parts of this survey: a. Legal Description b. Sketch REVISED: March 18, 2009 DATE: September 5, 2007 �.o F . `�•�G�ST�RFO ............................. RICKY L GENTRY ..................... I �.A 5519 �su�� Page 1 of 2 0 20 40 80 SCALE: 1" = 40' NOTES: EXHIBIT "B" APPROX. LOCATION 17' UTILITY EASEMENT VOL. 8405, PG, 1444, D.R.T.C.T. DOVE 114 INFINITY, LLC DOC# D207449557 D.R.T.C.T. 1. Bearings ore based on the Texas State Plane Coordinate System, North Central Zone (NAD63). 2. Integral parts of this survey. a. Legal Description b. Sketch �G — RiC L. ENTRY, R.P.L.S. TE AS REGISTRATION No. 5519 Revised: March 18, 2009 Date: September 5, 2007 Ln N 00 N r oo 0 L) 0 0 z e` 15, . POINT OF BEGINNING 1.341 ACRE RIGHT—OF—WAY EASEMENT ama3 ocye 0 J APPROX. LOCATION 0.858 ACRE IN ROW/APPARENT USAGE s .............. 25 55 F PER CITY $88'58'20"W 5' 45.8 SHIVERS FAMILY PARTNERSHIP, LTD. ♦ •� ♦1 ACRE VOL. 13218, PG. 461 1 D.R.T.C.T. RIGHT-OF—WAY EASEMENT �P;nOf ,sTFR:`: Situated in the �:•� '�' � .. James J. West Survey ..:....................... RJCXY L GENTRY Abstract No. 1 620 .. y......................,.. '•A 5519 �� City of Southlake Es s,n,. �2 9tio'•su��� Tarrant County, Texas JOB NO. LEN 06289 .� ITAGUE MAU AND PERKINS Civil Engineering Surveying Landscape Architecture Planning 1100 Macon Street, Fort Worth, TX 76102 y �_� �HPL�ivC: - =,r : g (817) 336--5773 SHEET 2 OF 2