Item 6BCity of Southlake, Texas
MEMORANDUM
December 4, 2007
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Ordinance No. 921, 2nd Reading, Adopt an ordinance to dedicate street
right -of -way from City owned property at the southeast corner of Dove
Road and North White Chapel Boulevard for the purpose of constructing
intersection improvements.
Action
Requested: Approve Ordinance No. 921, 2nd Reading, Adopt an ordinance to dedicate street
right -of -way from City owned property at the southeast 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 southeast corner of the intersection is Lot IA, Block 1,
Amaya Addition and was purchased inl996 to facilitate realignment of the
intersection.
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. 921.
Supporting
Documents: Location Map
Ordinance 921
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
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ORDINANCE NO. 921
AN ORDINANCE DEDICATING PERMANENT STREET RIGHT -OF -WAY
FROM CITY OWNED PROPERTY AT THE SOUTHEAST CORNER OF DOVE
ROAD AND NORTH WHITE CHAPEL BOULEVARD DESCRIBED AS LOT 1A,
BLOCK1, AMAYA ADDITION IN THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS; DECLARING THAT SUCH 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 right-
of -way to construct the intersection improvements (roundabout) from City owned
property at the southeast corner of Dove Road and North White Chapel Boulevard
described as Lot 1A, Block1, Amaya Addition; 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 right -of -way from City owned property at the southeast corner of Dove
Road and North White Chapel Boulevard described as Lot 1A, Block1, Amaya Addition;
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 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
CITY OF SOUTHLAKE RIGHT -OF -WAY DEDICATION INSTRUMENT
0.432 Acres within Lot I -A, Block 1, Amaya Addition
STATE OF TEXAS
COUNTY OF TARRANT§
For and in consideration of the sum 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, I (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 hounds
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 lawfully 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 casement.
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 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 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 the grant to any other person.
Page I of 3
IN WITNESS WHEREOF, this dedication instrument is executed this
.2007.
Andy Wambsganss, Mayor (GRANTOR)
ACKNOWLEDGEMENT
THE STATE OF TEXAS,
COUNTY OF TARR.ANT
day of
BEFORE ME, the undersigned authority in and for 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
NOTARY SEAL
Notary Public, State of Texas
Notary's Name (Printed)
day of
2007.
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 the CITY OF SOUTFIL AKE to the CITY OF SOUTHLAKE, 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
SEAT. 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 SOUTHL AKE
C/o City Secretary
1400 Main Street, Suite 270
Southlake, TX 76092
Phone: 817- 748 -8016
Page 3 of 3
EXHIBIT " A "
Being a 0,432 of an acre tract of land situated within Lot '1 -A, Block 1, Amaya Addition,
as shown by plat recorded in Volume 388 -149, Page 57, Plat Records of Tarrant
County, Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at a 518 inch iron rod found for the northeast corner of said Lot 1 -A, and
being also on the south right - of-way line of Dove Street (a variable width right -of -way);
Thence South 00 °03'49" East, with the east property line of said Lot 1 -A, a distance of
28.11 feet to a 518 inch capped iron rod stamped "TNP" set for corner;
Thence South 78 0 33'08" West, over and across said Lot 1-A, a distance of 33.17 feet
to a 518 inch capped iron rod stamped "TNP" set for corner;
Thence South 64 0 40'46" West, a distance of 106.65 feet to a 518 inch capped iron rod
stamped "TNP" set for corner;
Thence South 51 °50'34" West, a distance of 111.36 feet to a 518 inch capped iron rod
stamped "TNP" set for corner;
Thence South 22 °48'59" West, a distance of 43.04 feet to a 518 inch capped iron rod
stamped "TNP" set on the east right -of -way line of White Chapel Boulevard (a variable
width right -of -way) from which a 518 inch iron rod bears South 22 °48'59" West a
distance of 1.24 feet;
Thence North 00 0 12'49" East, with said east right -of -way line, a distance of 184.24 feet
to a point for the northwest corner of said Lot 1 -A, same being on said south right -of-
way line of Dove Street;
Thence North 88 °52'55" East, with said south right -of -way line, a distance of 232.49
feet to the POINT OF BEGINNING and containing 0.432 of an acre of land, more or
less,
.� DATE: September 5, 2007
4i entry, RPLs
Te as Registration No. 5519
Bearings are based on the Texas
State Plane Coordinate System,
North Central Zone (NAD83)
Integral parts of this survey:
a. Legal Description
b. Sketch
fs
••,•' RICKY L. GENTRY
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5519 r
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Page 1 of 2
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NOTES:
1, Bearings are based on the Texas
State Plane Coordinate System,
North Central Zone (NAD83).
2. Integral parts of this survey:
a. Legal Description
b. Sketch
f VGENTRY, R.P. L. S. /
S REGISTRATION No. 5519
Date: September 5, 2007
LOT I —B, Block 1
AMAYA ADDITION
VOL. 388- --149, PG. 57
P.R.T.C.T.
0 20 40 BO
SCALE: 1 " 40'
5 T E-W' .F
............
" F21CKY L GENTRY
....................
4 5519
••.;PqF , oa ,
0.432 ACRE
RIGI3T- of --WAY
EASEMENT
Situated in
Lot 1 —A, Block 1
Amaya Addition
City of Southlake
Tarrant County, Texas
JOB NO. LEN 08289
- - TEA GUE NA L L AND PERKINS
' Civil Engineering Surveying I Landscape Architecture Planning
IIVG_ www. tnp— online, com
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