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
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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".
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Date: May 17, 2007
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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
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