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Item 4GCity of Southlake, Texas MEMORANDUM November 20, 2007 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Ordinance No. 920, 1st Reading, Adopt an ordinance to dedicate street right -of -way from City owned property at the northeast corner of Dove Road and North White Chapel Boulevard for the purpose of constructing intersection improvements. Action Requested: Approve Ordinance No. 920, 1 st Reading, Adopt an ordinance to dedicate street right -of -way from City owned property at the northeast corner of Dove Road and North White Chapel Boulevard for the purpose of constructing intersection improvements. Background Information: The intersection improvements at Dove Road and North White Chapel Boulevard include the construction of a roundabout similar to the existing roundabout at the intersection of East Continental Blvd. and South Carroll Avenue. This location is complicated by the presence of the Dove water tower being located at the northwest corner of the intersection. In order to avoid construction encroaching on the water tower property, the roundabout will be located to the southeast of the existing intersection which requires additional street right -of -way to be dedicated from both of the City owned lots east of North White Chapel. The roundabouts are currently under design and are planned for construction starting in Spring 2008. The City property at the northeast corner of the intersection was purchased in 1999 with Crime Control and Prevention District funds as the future site of a DPS facility. It is a 32.231 acre tract out of the Joel W. Chivers Survey, Abstract No. 350 which has not been previously platted. Financial Considerations: There are no costs to the City other than the normal filing fees to record the right -of -way dedication 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. Staff Recommendation: Approve Ordinance No. 920. Supporting Documents: Location Map Ordinance 920 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 • .111 in I pillion; n nVIT ­A I J .IIIM 1k R UKAIM: i M M on in in I Ell 1 - -7 ■ ■ ■ ■��� INK: h i I In MU Ir ARMIP . i wM7.02 I In . !!7 a E i Cr O w tl I 1 � I � I I I I f � I f AIR ITRdVH* MAIMM 'M j j 1 I I I L V W O U V Q O CITY OF SOUTHLAKE RIGHT-OF -WAY DEDICATION INSTRUMENT 0.138 Acres within the .Joel W Chivers Survey, Abstract No. 350 STATE OF TEXAS § COUNTY OF TARRANT§ For and in consideration of the suns 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, 1 (we), City of Southlake ('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 forth 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 Iawfully 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 Iand 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 are grant to any other person. Page I of 3 IN WITNESS WHEREOF, this dedication instrument is executed this 2007, IM Andy Warnbsganss, Mayor (GRANTOR) day of ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE. ME, the undersigned authority in and for appeared County, Texas, on this day personally 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 1 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 1 2007, from the CITY OF SOUTHL.AKE 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 City Engineer 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 817 -748 -8098 Fax: 817 - 748 -8077 AFTER RECORDING, PLEASE, RETURN ORIGINAL. TO: CITY OF SOUTHLAICE C/o City Secretary 1400 Main Street, Suite 270 Southlake, TX 76092 Phone: 817- 748 -8016 Page 3 of 3 EXHIBIT "A" Being a 0 138 of an acre tract of land situated within the Joel W Chivers Survey, Abstract No. 350, and being a portion of all that certain tract of land described to the City of Southlake by deed recorded in Volume 13784, Page 465, Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point for the southwest corner of said city tract, also being on the east right -of -way line of White Chapel Boulevard (a variable width right -of -way), and being on the north right -of -way line of Dove Street (a variable width right -of -way); Thence North 00 °32'49" East, with said east right -of -way line, a distance of 226.16 feet to a point for the northwest corner of said city tract; Thence North 88 °00'48" East, with the north line of said city tract, and passing a fence post at 24.45 feet, a total distance of 26.53 feet to a 518 inch capped iron rod stamped "TNP" set for corner; Thence South 00 °32'26" West, over and across said city tract, a distance of 226.59' feet to a 518 inch capped iron rod stamped "TNP" set for corner, on said north right -of- way line of Dove Street for corner; Thence South 88 °56'46" West, with said north right -of -way line, a distance of 26.54 feet to the POINT OF BEGINNING and containing 0.938 of an acre of land, more or less j lcty�L4, ' Aentry, RPLS s Registration No, 55'19 DATE: September 5, 2007 Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD83) Integral parts of this survey: a. Legal Description b. Sketch P �O F 5TE ............................. Rlc}(Y k.. 6E3+1TRY .. .......... : 5519 r: SUR Page 1 of 2 t� 0.138 ACRE RIGHT -OF --WAY EASEMENT 0 20 40 80 SCALE: 1" = 40' NOTES: 3 o: a w� U as H I !� EXHIBIT „ B " :: rr CD CO N N W. rn d N O O Z OD LO (6 N N N N �7 fl7 CITY OF SOUTHLAKE VOL, 33784, PG 464 — D — R — T.C.T. — — CITY OF SOUTHLAKE VOL, 13784, PG. 465 D..R.T.0 T. POINT OF BEGINNING Q CP N88 '56'46 "E 1433.54' (LINE FOR DIRECTIONAL CONTROL) 0 S88 56 4fi DOVE STREET 26.54' (VARIABLE WIDTH ROW) 1. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD133). 2, Integral parts of this survey: a. Legal Description b. Sketch q KY RI GENTRY, R.P,L,SS REGISTRATION No. 5519 Date: September 5, 2007 INC, Cvib9`•.2!'.r3GiI .......................... RICKY L GENTRY .. ..................... �.a ��5519 \� 0.138 ACRE RIG OF -WAY EASEMENT Situated in .Joel W. Chivers Survey Abstract No. 350 City of Southlake Tarrant County, Texas JOB NO. LEN 06289 TEAGUE NALL AND PERKINS Civil Engineering I Surveying I Landscape Architecture ( Planning www.tnp- onlinecom IM SHEET 2 Or 2 ORDINANCE NO. 920 AN ORDINANCE DEDICATING PERMANENT STREET RIGHT -OF -WAY FROM CITY OWNED PROPERTY AT THE NORTHEAST CORNER OF DOVE ROAD AND NORTH WHITE CHAPEL BOULEVARD OUT OF THE JOEL W. CHIVERS SURVEY, ABSTRACT NO. 350 IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH STREET RIGHT -OF- WAY 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 intersection improvements (roundabout) at the corner of Dove Road and North White Chapel Boulevard demonstrates a need for additional street right -of -way to construct the intersection improvements (roundabout) from City owned property at the northeast corner of Dove Road and North White Chapel Boulevard out of the Joel W. Chivers Survey, Abstract No. 350; and WHEREAS, the intersection improvements (roundabout) 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 street right -of -way from City owned property at the northeast corner of Dove Road and North White Chapel Boulevard out of the Joel W. Chivers Survey, Abstract No. 350; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The City of Southlake grants right -of -way out of the Joel W. Chivers Survey, Abstract No. 350 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 Right -of -Way Dedication. SECTION 3 A copy of the Right -of -Way Dedication 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 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