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Item 4FCITY OF SOUTH LADE MEMORANDUM (October 19, 2010) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Ordinance No. 985, 1st Reading, Adopt an ordinance to dedicate a permanent utility, drainage and wall easement from City owned park property located at 700 North Kimball Avenue for the purpose of constructing future street improvements Action Requested: Approve Ordinance No. 985, 1st Reading, Adopt an ordinance to dedicate a permanent utility, drainage and wall easement from City owned park property located at 700 North Kimball Avenue for the purpose of constructing future street improvements. Background Information: The Kimball Avenue improvement project consists of widening Kimball Avenue from a 2-lane roadway to a 4-lane divided roadway with a center median. The construction contract will be awarded in 2010 with construction beginning prior to the end of the year. In order to construct the roadway and the associated improvements, a permanent utility, drainage and wall easement is required from the City owned park property located at 700 North Kimball Avenue. The property was platted by Gateway Church in January, 2010. Lot 2, Block 3 of the Gateway Church — 114 Campus plat was dedicated for Public Park. The easement is approximately 0.026 acre, as described and shown in Exhibit "A" in the attached easement document. Financial Considerations: There are no costs to the City other than the normal filing fees to record the easement document. Strategic Link: The construction of Kimball Avenue 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 construction project 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 standard 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. 985, 1st Reading, Adopt an ordinance to dedicate a permanent utility, drainage and wall easement from City owned park property located at 700 North Kimball Avenue for the purpose of constructing future street improvements. Supporting Documents: Location Map Ordinance 985 Easement Document Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Cheryl Taylor, P.E., Civil Engineer ■ ■E O J o 0 ti ORDINANCE NO. 985 AN ORDINANCE DEDICATING A PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT FROM CITY OWNED PARK PROPERTY LOCATED AT 700 NORTH KIMBALL AVENUE DESCRIBED AS LOT 2, BLOCK 3, GATEWAY CHURCH - 114 CAMPUS 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 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 engineering design for the Kimball Avenue improvement project demonstrates a need for additional easements to construct the improvements from City owned park property located at 700 North Kimball Avenue described as Lot 2, Block 3, Gateway Church — 114 Campus; and WHEREAS, the Kimball Avenue 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 the Kimball Avenue improvements upon and across City owned park property located at 700 North Kimball Avenue described as Lot 2, Block 3, Gateway Church — 114 Campus; 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, Drainage and Wall Easement 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, Drainage and Wall Easement. SECTION 3 A copy of the Public Utility, Drainage and Wall Easement 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 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER, OWNERS DEDICATION PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT STATE OF TEXAS COUNTY OF TARRANT WHEREAS, CITY OF SOUTHLAKE is the sole owner of Lot 2, Block 3, GATEWAY CHURCH-114 CAMPUS, an addition to The City of Southlake, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D210005155 of the Deed Records of Tarrant County, Texas. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, CITY OF SOUTHLAKE does hereby dedicate the following property described in Exhibits A & B attached hereto and made a part hereof as a PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT. WITNESS MY HAND at Southlake, Tarrant County, Texas, this day of .2010. CITY OF SOUTHLAKE STATE OF TEXAS BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared , known to me to be the persons whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day of .2010. Notary Public in and for The State of Texas Commission Expires: EXHIBIT "A„ LEGAL DESCRIPTION PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 9 BEING 0.026 acre of land located in Lot 2, Block 3, Gateway Church-114 Campus, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D210005156 of the Plat Records of Tarrant County, Texas. Said 0.026 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the North boundary line of said Lot 2, lying S 88' 44' 41" W 10.00 feet, from a'/z" iron rod found marking the Northeast corner of said Lot 2, and said POINT OF BEGINNING also lying in the West boundary line of an existing 10' wide wall, drainage and utility easement, recorded in County Clerk's File No. D210005156 of the Plat Records of Tarrant County, Texas; THENCE S 00' 49' 31" E 224.56 feet, along the West boundary line of said existing 10' wide easement, to a point; THENCE S 89' 10' 29" W 5.00 feet, to a point; THENCE N 00' 49' 31" W 224.52 feet, along a line 5.0' West of and parallel to the West boundary line of said existing 10' wide easement, to a point in the North boundary line of said Lot 2; THENCE N 88° 44' 41" E 5.00 feet, along the North boundary line of said Lot 2, to the POINT OF BEGINNING containing 0.026 acre (1,123 square feet) of land. PARCEL NO. 9 G i d o c5 k i m b al I-1 e g a I ME S -9 LOT 1, BLOCK A UNION HALL ADDITION VOL 388-200. PG. 96 P.R.T.C.T. I POINT OF BEGINNIN JNOHEAST IRON OD FOUND ORNER OF OT 2, 3LOCK 3 5.00' I I 5' PERMANENT UTILITY, DRAINAGE I AND WALL EASEMENT, 0.02E ACRE 1,123 SQ.FT. 4 �tj N W I tV Lo "I W pN �; { Q LOT 2, BLOCK 3 z d V GATEWAY CHURCH — 114 CAMPUS CC No. D210005156, P.R.T.C.T. o 'DEDICATED FOR PUBLIC PARK' nl aI � OWNER: CITY OF SOUTHLAKE VI r.b/ U 4f� W `/0 w Z S $9°10129"W i� 5.00' I� 4 w I I I �I LOT 1, BLOCK 3 I SCALE 1 "= 60' )NJCITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "B" $�trrrenv &CRAwFoRD PERMANENT UTILITY, DRAINAGE LAND SURVEYING & AND WALL EASEMENT TOPOGRAPHIC MAAMNG 0.026 ACRE OF LAND V _.._ tri7f atFAX N. - METRO7)926— 17i �ro-ellx JAMES L BRITTAIN FAX 13T I- 3 9zeti117H LOCATED IN _.._. .........................._,..... P.O. @G{ 11374 +� 3r03 OOY7N FiEE11�' (�? �'{]'i rv,� FdlT WMTH, TEiw 79t10 LOT 2, BLOCK 3 ni F3LIL ebAbdIIW. rv.dwQoom GATEWAY CHURCH-114 CAMPUS \KIIAflrLL.L�ES—OB\ SOUTHLAKE, TARRANT COUNTY, TEXAS JULY 14, 2010