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
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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
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RICKY L GENTRY
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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
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. POINT OF
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1.341 ACRE
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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
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�:•� '�' � .. James J. West Survey
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RJCXY L GENTRY Abstract No. 1 620
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JOB NO. LEN 06289
.� ITAGUE MAU AND PERKINS
Civil Engineering Surveying Landscape Architecture Planning
1100 Macon Street, Fort Worth, TX 76102
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