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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 �� O � O � � V � p � � � v O W c0 Q U 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. 01 J LLz 0Z z M L`I o d0 0 U N Z 0 00 Y o 0 rn maW OF �MU) ~Wd 00 c� m a U 1/2"1IPS W/ 4R CAP (STAMPED "SD EN G" I L2 N89'58'04"E o1 �� \��� N89'58'04"E G.y� —�— 82.24'-----��----71.45' POINT OF BEGINNING —I--------- — — — — --------------- S89'58'04"W 255.62' I I I 3R6 PROPOSED 24' N I ACCESS EASEMENT I :" I 7,129.55 SF I V) C V -j �Qal �m �a I U 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