Item 7CCity of Southlake, Texas
MEMORANDUM
October 3, 2006
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Approve a common access easement on the Miron Drive water tower
site between Southlake 1709 Joint Venture and the City of Southlake.
Action
Requested: City Council authorize execution of a 24-foot wide Common Access
Easement across the Miron Dr. Water Tower site.
Background
Information: In an effort to provide for ease of movement of traffic and provide for
safe ingress and egress from properties contiguous to Southlake
Blvd. onto FM 1709, staff continues to work with applicants to provide
cross -access between adjacent properties as requested by the City
Council. This easement will provide the Miron Drive property owners
and tenants as well as the tenants of the proposed Miron Grove
Business Park access to the traffic signal located at the intersection
of Central Drive and Southlake Blvd. (FM 1709)
In 1996, Texas National Bank deeded to Martin Schelling as Trustee
9.581 acres out of the 11.081 acres in the Miron subdivision. The
remaining 1.5 acres was donated to the City of Southlake for a water
tower site. The compensation for the donation was the extension of
sanitary sewer and water utilities into the Miron subdivision. The
utilities were constructed by the City of Southlake in 1997.
In late 1996, Schelling dedicated a 15' wide utility easement on the
west property line of the Miron subdivision to the City of Southlake
for the transmission line to serve the water tower without any
compensation.
In the 2nd quarter of 1997, a Plat Revision was approved for the
Miron subdivision. Included on Lot 4R, Block 1 of the
aforementioned Plat Revision was a 24' wide cross access
easement connecting the water tower site to Miron Drive. The cross
access easement was provided for the benefit of accessing the
Miron Water Tower. This was done without any compensation.
Financial
Considerations: None
Citizen Input/
Board Review: None
Legal
Review: Reviewed by City Attorney's Office
Alternatives: The City Council may approve or deny this dedication
Supporting
Documents: Common Access Easement Document
Exhibit A
Exhibit B
Staff
Recommendation: Authorize execution of a 24 foot wide common access easement
dedication across the Miron Water Tower Site.
Staff
Contact: Robert H. Price, P.E., Public Works Director
Gordon Mayer, P.E., City Engineer
Page 2 of 2
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CITY OF SOUTHLAKE
24 FOOT ACCESS EASEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
That the CITY OF SOUTHLAKE, a home rule municipal corporation of the
County of Tarrant, State of Texas, GRANTOR herein, for and in
consideration of the sum of Ten ($10.00) Dollars and other good and valuable
consideration in hand paid by Southlake 1709 Joint Venture, Martin
Schelling, Trustee, 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 24' Access Easement for the
purpose of installing, repairing, maintaining, altering, replacing, relocating,
rebuilding, removing, and operating access facilities in, into, upon, over,
across, under and through all that land in Tarrant County Texas described
as follows, to -wit:
A 24 foot wide Permanent Access Easement containing approximately
7,129.55 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 24' Access 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 24' Access 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
.2006.
CITY OF SOUTHLAKE. TEXAS
BY:
Print Name:
Title:
ACKNOWLEDGEMENT
THE STATE OF TEXAS,
COUNTY OF TARRANT
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
2006.
NOTARY SEAL
Notaiv 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 , 2006, from the CITY OF SOUTHLAKE to SOUTHLAKE
1709 JOINT VENTURE, Martin Schelling, Trustee, 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 SOUTHLAKE 1709 JOINT
VENTURE, Martin Schelling,
Trustee
ATTEST:
AFTER EXECUTION BY
GRANTOR, PLEASE RETURN
ORIGINAL TO:
CITY OF SOUTHLAKE
C/o Cristina McMurray
1400 Main Street, Suite 320
Southlake, TX 76092
Phone: 817-748-8099
Fax: 817-748-8077
AFTER RECORDING, PLEASE
RETURN ORIGINAL TO:
CITY OF SOUTHLAKE
C/o City Secretary
1400 Main Street, Suite 270
Southlake, TX 76092
Phone: 817-748-8016
Page 3 of 3
EXHIBIT A
24' ACCESS EASEMENT
BEING a 7,129.55 square foot parcel of land situated in Lot 3R6, Block 1 Miron Addition
according to the plat recorded in Cabinet A, Slide 3 90 1, Plat Records, Tarrant County, Texas,
said 7,129.55 square foot parcel of land being more particularly described by metes and bounds
as follows:
COMMENCING at a 5/8" iron pin with cap stamped "SD Eng", said 5/8" iron pin found being
the northwesterly corner of said Lot 3R6, Block 1 Miron Addition, thence South 00 degrees 00
minutes 25 seconds West 22.40' along the westerly line of said Lot 3R6, Block 1 Miron Addition
to the Point of BEGINNING;
THENCE North 89 degrees 58 minutes 04 seconds East a distance of 82.24 feet to a point, said
point being the beginning of a curve to the left having a radius of 29.00' and a long chord
bearing North 51 degrees 32 minutes 30 seconds East 36.05';
THENCE along said curve to the left through a central angle of 76 degrees 51 minutes 09
seconds, an arc length of 38.90 feet to a point, said point being on the northerly line of said Lot
3R6, Block 1 Miron Addition;
THENCE North 89 degrees 58 minutes 04 seconds East along the northerly line of said Lot 3R6,
Block 1 Miron Addition a distance of 26.52 feet to a point, said point being the beginning of a
curve to the left having a radius of 29.00' and a long chord bearing South 51 degrees 35 minutes
00 seconds East 36.06';
THENCE along said curve to the left through a central angle of 76 degrees 52 minutes 24
seconds, an arc length of 38.91 feet to a poing;
THENCE North 89 degrees 58 minutes 04 seconds East a distance of 71.45 feet to a point, said
point being the beginning of a curve to the left having a radius of 19.00' and a long chord
bearing North 45 degrees 56 minutes 36 seconds 26.41';
THENCE along said curve to the left through a central angle of 88 degrees 04 minutes 24
seconds, an arc length of 29.21 feet to a point, said point being on the easterly line of said Lot
3R6, Block 1 Miron Addition, said point also being South 00 degrees 08 minutes 52 seconds
West 4.08' from the northeasterly corner of said Lot 3R6, Block 1 Miron Addition;
THENCE South 00 degrees 08 minutes 52 seconds West along the easterly line of said Lot 3R6,
Block 1 Miron Addition a distance of 42.36 feet to a point;
THENCE South 89 degrees 58 minutes 04 seconds West a distance of 255.62 feet to a point, said
point being on the westerly line of said Lot 3R6, Block 1 Miron Addition;
THENCE North 00 degrees 08 minutes 52 seconds East along the westerly line of said Lot 3R6,
Block 1 Miron Addition a distance of 24.00 feet to the Point of BEGINNING and containing
7,129.55 square feet of land, more or less.
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—�— 82.24'-----��----71.45'
POINT OF
BEGINNING
—I--------- — — — — ---------------
S89'58'04"W 255.62'
I
I I 3R6 PROPOSED 24'
N I ACCESS EASEMENT
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BLOCK 1
MIRON ADDITION
CAB. A, SLIDE 3901
P.R.T.C.T.
LINE TABLE
LINE
BEARING
LENGTH
L1
S00'00'52"W
22.40'
L2
N89'58'04"E
26.52'
L3
S00'08'52"W
42.36'
L4
N00'08'52"E
24.00'
CURVE TABLE
QURVE
RADIUS
DELTA
LENGTH
CHORD BRIG
CHORD
I C1
29.00
76'51'09"
38.90'
N51'32'30"E
36.05'
C2
29.00
76'52'24"
38.91'
S51'35'00"E
36.06'
C3
19.00
88'04'24"
1 29.21'
N45'56'36"E
1 26.41'
10' UTIL. ESMT.
CAB. A, SLIDE 3901
P.R.T.C.T.
— — — — — — — — — — — — — — — — —
EXHIBIT B
24' ACCESS EASEMENT
LOT 3R6, BLOCK 1
MIRON ADDITION
SOUTHLAKE, TARRANT COUNTY, TEXAS
20
OAK TREE ESTATES
CAB. A, SLIDE 2121
P.R.T.C.T.
M
J
21
3R5
SD Engineering, Inc.
Site Development Engineering
PO Box 1357 Aledo, TX 76008-1357
(817) 441-6400 Fax (817) 441-6085
www.sd-engineering.com