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Item 5BCity of Southlake, Texas MEMORANDUM January 12, 2005 TO: Shana Yelverton, Acting City Manager FROM: Malcolm Jackson, Director of Community Services SUBJECT: Authorizing the Mayor to grant a sanitary sewer easement in Bicentennial Park Action Requested: City Council authorization for the Mayor to execute a sanitary sewer easement on park property. Background Information: The City of Southlake has been approached by the developer of The Shady Oaks Office Park site at the northwest corner of Shady Oaks and F.M. 1709 requesting that the City grant an easement on the south property line of Bicentennial Park adjacent to the north property line of the 1709 Southlake Oaks shopping center. The developer of the Shady Oaks Office Park needs this sewer easement as the most practical alternative to connecting their planned sewer line at the office site through a bore under Shady Oaks and over to the existing easement and sewer line in the west drainage channel at the entrance to Bicentennial Park. (See graphics to follow) Both the Engineering and Community Services Departments have reviewed the alignment and easement documents and are completely satisfied that the easement will place no burden or detrimental encumbrance on the park site or any ball fields, trails, or similar park amenities. To the contrary, when installed, the sewer line will offer an additional location for any sewer systems proposed on park properties to tie -in. Financial Considerations: Not applicable. Financial Impact: City will gain direct sewer access along the southern edge on the western side of Bicentennial Park at no cost to the City. Citizen Input/ Board Review: The Park Board recommended approval of this item (9 -0) at their regular meeting on January 10, 2005. Legal Review: Easement document reviewed by City Attorneys. Alternatives: Recommend alternative alignment or denial. Supporting Documents: Supporting documents include: Aerial graphic of easement area and proposed sewer connections Boundary and legal description of proposed sanitary water easement ■ Easement document Staff Recommendation: City Council authorization for the Mayor to execute a sanitary sewer easement on park property. Aerial Exhibit 50 0 50 100 150 SCALE : 1It = 1 00' PROPOSED 15' SAN1TAfe1' SEWER EABERENT BEING a 0.2% acre trod dl.nd iR 1he L49cbsrrY G. 21==111 o. 698, City d Smithlake, 7—M Cowry, Tam and 6eirq a porMan d "- as deeu6ed kr 4.w h the oity dllpu@ m m ro —dal let lhlwrw 11614 Page 1326.1M Dead R4-old" .1 Tarrant 1:curdr, Ta --w balm more p8rrss.tady d®alhad as taka&: BEr3MMM3 et a pole attl.e aolrpM-0t -way 8Ra dSh-* Oaks owe am hNn9 by dead call 9.e 6a.rtYrneYrbmer d VM 060ye daxdbed Yaeb THENCE N 36'26 2r W abrp eAd NO -d-nwy a dal"ft d 15.11 leM [c a P-a. THENCE S 80" = 03"t "%i V said dphWif way a dtata.ce d MGM teal W a poke; THENCE S all' ae' 57"W a deunaa d 18.00 het b a poled; THENCE N 89' 23 W paa iop .120.00 het a 1 R' kon red f"m and said ANrR belrtp tae .w&.w oornerd 1709 s w ka Oak. A&nw. an Mration In the City w Sauddake, Tarnrd County, Texa. ae — Fdsd'n Cabnol A. Sllde 3231 Plat R-A0b d 7nT—. rerd C..H. T, am pepkta at 773.77 le.t fie rcrtltv,+sR wmat d wild 1700 SautMaka Oak. ,Adoihn and tanhrrwp In a9 a dala (778.92 hat ht b.a Pahl d Ballinrwg and o"WM in 8111808 WPM tact a 0295 apm d laud. 1 N O6°2fi'27 "W yyy 15.1 -� --- PROPO 46' Sr1A1TARY SEHNER FASEMEM •� U) -G O (A SURVEYORS CERTB'1CATE The plat Ow— heroon is a vtwu repme n of the properly as cWcnnir d eu acw by al an the ground s—ey: dte Ibres and dimersioro of said property ein bg indicated by the plat. The .wsdersioAed h. no. kr-1edge of ar 3art been advised of arty kTtowrt m apparent i><trusions, oonflitts, R%SerM m rrwdr W'Cw as Shawn. T ht L d oomfy eS used Y. V.nlula forms berew to allderaDod to be N efpre OM of Prof s simal opinion by tha surveyor based m hu Wt knp W oc. inf mevolk a.d Mid Tommy Q. Burks - Re9islered Pro mpwal Lp d SwMwNd. 3369 Burka find Surveying MO S. Mom /P0 Box 603 lb—. Tx 76078 MAm S17M38 -2242 o L CITY OP SOUTHLAKE VOL. 11618, PG. 1328 D.R.T.C.T. S 89 °33'03 "E 780.63' N 89 "W 778.87 INV Loy a 1709 SOUHTLA E OAKS ADDITION CAB, A, SLID 3231 P.R.T.C,T, r .. ...................."... .TCMMY Q. BURK5 � � •�5GJ Y _. � S 00'2V57 "W 1 . i PROPOSED 15' SANITARY SEWER EASEMENT IN THE LiTTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686 "TWAT"o IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS PREPARED BY: 13URKS LAND SURVEYING v.avoxae ems wa+,aurtm atro,l: SY Tq}I Hmraoavaa -Tw D>cumElt20oa RECD 0 E C © 6 2004 wosl>r CITY OF SOUTHLAKE SANITARY SEWER UTILITY EASEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § That the City of Southlake, Texas , GRANTOR herein, does 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 sanitary sewer 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 Sanitary Sewer Easement containing approximately 0.268 acres, 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 Sanitary Sewer 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, IN WITNESS WHEREOF, this instrument is executed this _ day of , 2005. GRANTOR ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared Mayor Andy Wambsqanss known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day of , 2005. Notary Public in and for the State of Texas My Commission Expires: Typed or Printed Name of Notary CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument 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: Mayor Andy Wambsganss, City of Southlake ATTEST: Lori Farwell, City Secretary