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Item 4FCity of Southlake, Texas MEMORANDUM August 7, 2007 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Ordinance No. 910, 1st Reading, Adopt an ordinance to dedicate drainage and utility easements on City owned property at 307 Parkwood for the purpose of constructing public improvements. Action Requested: Approve Ordinance No. 910, 1st Reading, Adopt an ordinance to dedicate drainage and utility easements on City owned property at 307 Parkwood for the purpose of constructing public improvements. Background Information: The Providence Bank project at 325 East Southlake Boulevard was approved by the City Council on December 5, 2006 and the project is now ready to begin construction. The property is immediately north of the City owned property at 307 Parkwood Drive which is the location of the Southlake Senior Activity Center. An access easement is located along the north side of the City property. An existing 8" water line is in an existing utility easement along the access easement from Byron Nelson Parkway to the east property line of Providence Bank. The Providence Bank project will extend the 8" water line to Parkwood Drive. To accomplish this, a new utility easement must be provided on the City owned property. There is an existing drainage culvert under Southlake Boulevard draining into an existing drainage easement on the Providence Bank property. The natural flow of this water continues across the Providence Bank property through the City owned property to Byron Nelson Parkway. The project will extend the culvert through the Providence Bank Property to a detention pond that will discharge to a culvert flowing to the City property. To accomplish this, a new drainage easement must be provided on the City owned property. The last step in the construction will be for Providence Bank to complete the paving of the access easement from Byron Nelson Parkway to Parkwood Drive to provide connectivity for the businesses facing Southlake Boulevard. 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. Approving the Ordinance granting the easements will continue the established water line route and existing drainage pattern and allow the Providence Bank project to continue. Financial Considerations: There are no costs to the City other than the normal filing fees to record the easement documents. Citizen Input/ Board Review: None 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 910 Easement Documents Staff Recommendation: Approve Ordinance No. 910. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer � r i pp- 40 e�. w koy 4p � • ° r2 �. 1 DDZ — -- " � GfJ U:i • r%j J L` U'3 r LO �1 d ko 'HO Do wd c� COZ OCE r y• f � ORDINANCE NO. 910 AN ORDINANCE DEDICATING A PERMANENT DRAINAGE EASEMENT AND A PERMANENT UTILITY EASEMENT UPON AND ACROSS A PORTION OF CITY OWNED PROPERTY AT 307 PARKWOOD DRIVE DESCRIBED AS LOT 1 R, BLOCK 1, CITY OF SOUTHLAKE MUNICIPAL COMPLEX ADDITION (CABINET A, SLIDE 7775, P.R.T.C.T.) IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH EASEMENTS ARE 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 Providence Bank project at 325 East Southlake Boulevard (Lot 16, 17, 18, O.W. Knight No. 899 Addition, Cabinet A, Slide 6628, P.R.T.C.T.) demonstrates a need to construct off site drainage facilities and off -site water line on City owned property at 307 Parkwood Drive (Lot 1 R, Block 1, City of Southlake Municipal Complex, Cabinet A, Slide 7775, P.R.T.C.T.); and WHEREAS, the drainage facilities and the water line 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 drainage easement upon and across City owned property at 307 Parkwood Drive (Lot 1 R, Block 1, City of Southlake Municipal Complex, Cabinet A, Slide 7775, P.R.T.C.T.); and WHEREAS, the City Council of the City of Southlake has determined that there is a public need for a utility easement upon and across City owned property at 307 Parkwood Drive (Lot 1 R, Block 1, City of Southlake Municipal Complex, Cabinet A, Slide 7775, P.R.T.C.T.); and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The City of Southlake grants a Permanent Drainage Easement in the portion of Lot 1 R, Block 1, City of Southlake Municipal Complex Addition (Cabinet A, Slide 7775, P.R.T.C.T.) to the City of Southlake, Tarrant County, Texas, more specifically described in exhibit "A" and shown in Exhibit "B" attached hereto and incorporated herein for all purposes and the easement is dedicated to the public in perpetuity. SECTION 2 The City of Southlake grants a Permanent Utility Easement in the portion of Lot 1 R, Block 1, City of Southlake Municipal Complex Addition (Cabinet A, Slide 7775, P.R.T.C.T.) to the City of Southlake, Tarrant County, Texas, more specifically described in exhibit "C" and shown in Exhibit "D" attached hereto and incorporated herein for all purposes and the easement is dedicated to the public in perpetuity. SECTION 3 The Mayor of the City of Southlake, Texas is hereby authorized and empowered to execute the aforementioned Permanent Drainage Easement and Permanent Utility Easement. SECTION 4 A copy of the Permanent Drainage Easement and the Permanent Utility Easement shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 5 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 6 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 2007. MAYOR/ANDY WAMBSGANSS ATTEST: CITY SECRETARY/LORI PAYNE PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2007. MAYOR/ANDY WAMBSGANSS ATTEST: CITY SECRETARY/LORI PAYNE APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY CITY OF SOUTHL.AKE MUNICIPAL COMPLEX, 05-15-07 IEGO649:3 JNC FIELD NOTES EXHIBIT A DRAINAGE EASEMENT Being a 0,144 acre tract of land out of the O.W. Knight Survey, Abstract No. 899, Tarrant County, Texas, and being part of Lot 1 R, Block 1, City of Southlake Municipal Complex, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 7775, of the Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at a 1/2-inch iron rod found for the northwest corner of said Lot 1R, lying in the East line of Parkwood Drive (a 60' wide right-of-way), also being the Southwest corner of Lot 16, of Lots 16-19, the O.W. Knight No. 899 Addition, an addition to the City of Southlake according the Final Plat recorded in Cabinet A, Slide 6628, of the Plat Records of Tarrant County, Texas; Thence, North 89 degrees 45 minutes 29 seconds East, along the north line of said Lot 1R, same being the south line of said Lot 16, a distance of 87.26 feet, to the POINT OF BEGINNING hereof; THENCE North 89 degrees 45 minutes 29 seconds East, continuing along the north line of said Lot 1 R and the south line of Lot 16, a distance of 54.28 feet, to a point; THENCE departing said north line of Lot IR, South 00 degrees 02 minutes 33 seconds East, a distance of 9.42 feet to a point; THENCE South 59 degrees 05 minutes 28 seconds East, a distance of 30.38 feet to a point; THENCE North 30 degrees 54 minutes 32 seconds East, a distance of 11.96 feet to a point; THENCE North 89 degrees 45 minutes 29 seconds East, a distance of 40.22 feet to a point; THENCE North 00 degrees 11 minutes 52 seconds West, a distance of 9.97 feet to a point; THENCE North 89 degrees 45 minutes 29 seconds East, a distance of 15.00 feet to a point; THENCE South 00 degrees 11 minutes 52 seconds East, a distance of 9.97 feet to a point; THENCE North 89 degrees 45 minutes 29 seconds East, a distance of 98.66 feet to a point; THE, North 44 degrees 48 minutes 08 seconds East, a distance of 21.08 feet to a point on the north line of said Lot 1R; THENCE North 89 degrees 45 minutes 29 East, along the north line of said Lot 1 R, a distance of 21.23 feet to a point; Sheet 2 of 3 CITY OF SOUTHLAKE MUNICIPAL COMPLEX_ IEGO6493 05-15-07 JNC.. THENCE departing said north line of Lot 1R, South 44 degrees 48 minutes 08 seconds West, a distance of 42.49 feet to a point; THENCE South 89 degrees 45 minutes 29 seconds West, a distance of 104.76 feet to a point; THENCE South 00 degrees 11 minutes 52 seconds East, a distance of 11.92 feet to a point; THENCE South 89 degrees 45 minutes 29 seconds West, a distance of 15.00 feet to a point; THENCE North 00 degrees 11 minutes 52 seconds West, a distance of 11.92 feet to a point; THENCE South 89 degrees 45 minutes 29 seconds West, a distance of 31,83 feet to a point; THENCE South 30 degrees 54 minutes 32 seconds West, a distance of 3.36 feet to a paint; THENCE South 59 degrees 05 minutes 28 seconds East, a distance of 1.64 feet to a point; THENCE South 14 degrees 05 minutes 28 seconds East, a distance of 76.97 feet to a point; THENCE South 75 degrees 54 minutes 32 seconds West, a distance of 20.00 feet to a point; THENCE North 14 degrees 05 minutes 28 seconds West, a distance of 68.69 feet to a point; THENCE North 59 degrees 05 minutes 28 seconds West, a distance of 90,03 to the POINT OF BEGINNING and containing 6,312 square feet or 0.144 acres of land, more or less. NCordle YRRRRY•1RYYYRRYY.• Jx Registered Professional land Surveyor •JOHN N. COnDLE Registration No. 2026 '.'"..""" ""°i". 4.h fr//7 [1C Date: May 17, 2007 Sheet 3 of 3 III ❑�F ib m G 4 =tor r 4.I v9 I' i f� in Di ih W �� ���n. t'�♦♦ ✓ial � �tp J I �. Cry phi " I " 1 z to o c I m r'] w N G N I m LL- m Ln JV I I 1� �I I rad rn M I m� L9 L'!3 x [] N m g L� DL r, W o I � d ��� �� I S� a p5.�8'VIBg•B9 mil � Q� cr C I S1i4° �"r�.. Cc n b$ arse O X L o`� LU e+I � 3LU LO ate' Yi I'm hH I ® LL N ° •2 °^ H w Q v I� I x xoMr k] r w p�N ImW m C cn R. ca w Elm I ��� ,ID or II — .._.........,.. — .,,,. ,.... — — � N I_ S. m is C s 0 0 m p 0. G C7 1n W W W W] W W tJ W] LF ]]]] W (1 @Ri q�NTRimP W �PNR•N� �'1 Mi"1 NyiN u16] Np VSN �Nh N Q 2 Z 2 N=2HyLA2m�lM1 N fn In 41 O al � w J �^ � ca h � o ..1 Z w ..a •'i IV f•SwV1 J J J .Dn J tf 1 Po-•N_M_TIl��R1 J� n_fA ..a .l •,J ..� J J .1 J J 1 Z O w C] � w o z o o c d CITY OF SOUTHL.AKE MUNICIPAL COMPLEX. 05-15-07 IEGO6493 JNC FIELD NOTES EXHIBIT A 15' UTILITY EASEMENT Being a 0.156 acre tract of land out of the O.W. Knight Survey, Abstract No. 899, Tarrant County, Texas, and being part of Lot 1 R, Block 1 of City of Southlake Municipal Complex, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 7775, of the Plat Records of Tarrant County, Texas, said 0. 156 acre tract being more particularly described by metes and bounds as follows; BEGINNING at a 1/2-inch iron rod found for the northwest corner of said Lot 1R, Block 1, lying in the East line of Parkwood Drive (a 60' wide right-of-way.), also being the Southwest corner of Lot 16, of Lots 16-19, of the O.W. Knight No. 899 Addition, an addition to the City of Southlake according the Final Plat recorded in Cabinet A, Slide 6628, of the Plat Records of Tarrant County, Texas; THENCE North 89 degrees 45 minutes 29 seconds East, along the north line of said Lot 1R, same being the south line of said Lots 16, 17 and 18, a distance of 455.13 feet to a point; THENCE South 00 degrees 14 minutes 31 seconds East, departing said north line of Lot 1R, a distance of 15.00 feet, to a point; THENCE South 89 degrees 45 minutes 29 seconds West, a distance of 455.13 feet to a point on the said east right of way line of Parkwood Drive; THENCE North 00 degrees 05 minutes 28 seconds West, along the east right of way line of Parkwood Drive., a distance of 15.00 feet to the POINT OF BEGINNING and containing 6,826 square feet or 0. 156 acres of land, more or less. 7�EOF kexa�s ---�....Cordle ........ JOHN N C?RDLF gistered Professional land Surveyor ...r,A » ?o26•P. Registration No. 2026 0�' Date: May 17, 2007 SHEET 2 of 2 eo Ci y 96. Ij I i I Ll. I I J I r^- 1 C J W (� 1 G � Uj IIN a a r N _ F-0 U- CJ [ Q� � U LO I I I I I I Vl Wp7 a- "�,� ' O 0 2 I U� v .G Q C)V1 C.cV . ----L — _,s I �•s ,os f I 1 I --1------------ •a•n ,n� L, oa 9L 3 WCD C w wg a CC{ a -j V m . a a "