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Item 6ACity of Southlake, Texas MEMORANDUM October 16, 2007 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Ordinance No. 918, 2nd Reading, Adopt an ordinance to dedicate a waterline easement on City owned property at 981 East Continental Boulevard for the purpose of constructing public improvements. Action Requested: Approve Ordinance No. 918, 2nd Reading, Adopt an ordinance to dedicate a waterline easement on City owned property at 981 East Continental Boulevard for the purpose of constructing public improvements. Background Information: The Continental Boulevard 12" Water Line Project was approved by the City Council on February 6, 2007 and the contractor is now ready to begin construction. The water line will extend across 981 -1027 East Continental Boulevard. To accomplish this, a new waterline easement must be provided on the City owned property at 981 East Continental Boulevard. We have previously obtained the waterline easement from the owner of the properties at 985 -1027 East Continental Boulevard. The City property in question is one of four lots in the East Haven Addition purchased with Park Dedication funds. This item was presented to the Parks and Recreation Board on September 10, 2007. The Parks and Recreation Board recommends granting the easement. The City Council approved the l reading of the ordinance on October 2, 2007. 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 easement will continue the established water line route along East Continental Boulevard and allow the project to commence. Financial Considerations: There are no costs to the City other than the normal filing fees to record the easement documents. Citizen Input/ Board Review: Parks and Recreation Board approval on September 10, 2007 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 918 Easement Documents Staff Recommendation: Approve Ordinance No. 918. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Michael James, P.E., Civil Engineer ia r O O J m ■ W r co m O �v Q o U ORDINANCE NO. 918 AN ORDINANCE DEDICATING A PERMANENT WATERLINE EASEMENT UPON AND ACROSS A PORTION OF CITY OWNED PROPERTY AT 981 EAST CONTINENTAL BOULEVARD DESCRIBED AS LOT 25, BLOCK 1, EAST HAVEN ADDITION (VOLUME 388 -153, PAGE 66, P.R.T.C.T.) 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 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 Continental Boulevard 12" Water Line project at 981 East Continental Boulevard (Lot 25, Block 1, East Haven Addition, Volume 388 -153, Page 66, P.R.T.C.T.) demonstrates a need to construct a 12" water line on City owned property at 981 East Continental Boulevard (Lot 25, Block 1, East Haven Addition, Volume 388 -153, Page 66, P.R.T.C.T.); and WHEREAS, 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 waterline easement upon and across City owned property at 981 East Continental Boulevard (Lot 25, Block 1, East Haven Addition, Volume 388 -153, Page 66, 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 waterline easement upon and across City owned property at 981 East Continental Boulevard (Lot 25, Block 1, East Haven Addition, Volume 388 -153, Page 66, 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 Waterline Easement in the portion of Lot 25, Block 1, East Haven Addition (Volume 388 -153, Page 66, P.R.T.C.T.) 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 Permanent Waterline Easement. SECTION 3 A copy of the Permanent Waterline 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 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 SOUTHLAKE PERMANENT WATERLINE EASEMENT THE STATE OF TEXAS COUNTY OF TARRANT That We, The City of Southlake, GRANTOR herein, for and in consideration of the sum of Ten. ($10.00) Dollars and other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE, home rule municipal corporation of the County of Tarrant, State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, do hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating waterline facilities in, into, upon, over, across, under and through all that land in Tarrant County Texas described as follows, to -wit: A 15 foot wide Permanent Waterline Easement located at 981 E. Continental Blvd. containing approximately 1513.5 square feet, as more particularly described in Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein. together with the right of ingress and egress as necessary for such purposes. 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 GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from 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 Waterline Easement herein granted to the GRANTEE 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 Waterline 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 1 of 3 IN WITNESS WHEREOF, this dedication instrument is executed this day of , 2007. M GRANTOR (Please print name) THE STATE OF TEXAS, COUNTY OF TARRANT On behalf of The City of Southlake (Signature) ACKNOWLEDGEMENT BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally 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 , 2007 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 , 2007, from to the CITY OF SOUTHL.AKE, 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 SOUTHL.AKE ATTEST: City Secretary AFTER EXECUTION BY GRANTOR, PLEASE RETURN ORIGINAL. TO: CITY OF SOUTHLAKE C/o Public Works Department 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 817- 748 -8098 Fax: 817- 748 -8077 AFTER RECORDING, PLEASE RETURN ORIGINAL, TO: CITY OF SOUTHL.AKE C/o City Secretary 1400 Main Street, Suite 270 Southlake, TX 76092 Phone: 817-748-8016 Page 3 of 3 EXHIBIT "A" 15' PERMANENT WATERLINE EASEMENT '1513.500 SCE. FT, ASSOCIATIDY INC. 80SJVURTH FARMS 11, L A 600 E CONTINENTAL & v0, ['r CITY D SIIUTHLAJCE ! 2 985 E CONTINENTAL 8L VD. DEED VOL !1827, PG. I654 ' I OEED INST, • 9205125592 AR, T.0, T 1 981 E. CONTINENTAL, & VD. w O R T.0 T. DEED 1401, 13387, PG 363 5 COMMON GREEN ND. 18 RTC. LOT 15 TIMARRON AD9ITION DLENDOVER ¢ £ A57 HAVEN ADDITIDN CA& R SLIDE I709 N vat 386 -153, PAGE 66 P..R..TCT. PR.TC.Jr LOT 25 EAST HAVEN ADDITION VOL. 388 -153, PAGE 66 — aW RR. r. C. T. EAST HAVEN AfDD IOAr LDT 13 q VOL. M8 153 PAGE 1 66 to P.R.TC.T1 L0724 x ` 1 1 fti , a 15 30 0 IN FEET > i inch - 30 ft.