Item 5BCity of Southlake, Texas
MEMORANDUM
February 22, 2005
TO: Shana Yelverton, Acting City Manager
FROM: Malcolm Jackson, Director of Community Services
SUBJECT: Authorize the Mayor to grant a public utility easement in park property
adjacent to Kirkwood Hollow
Action Requested: Authorize the Mayor to grant a public utility easement in park property
adjacent to Kirkwood Hollow.
Background
Information: The City of Southlake has been approached by the contractor for a fiber
optic utility company to acquire a 5' public utility easement in linear park
property that was dedicated to the city during the development of the
Kirkwood Hollow residential subdivision. The subject linear park property
is adjacent to Kirkwood Hollow Ph. III on the north side of Dove Road
between Kirkwood Hollow Blvd. and North White Chapel, and adjacent to
Kirkwood Hollow along the west side of North White Chapel north of
Dove Road. (see area map). The applicant, Wi1Tel Communications,
wishes to install a fiber optic line in these areas to reach from the Verizon
operations center at S.H. 114 and Dove to extend to the planned DPS
North Facility and beyond. The applicant plans to place the fiber in these
park areas, then around the existing water tower site in separate utility
easements, then back north on the west side of North White Chapel. This
avoids placing fiber in the right -of -way of Dove Road, which will undergo
significant construction around the intersection of North White Chapel. By
avoiding the Dove right -of -way and placing the 5' easement closest to the
subdivision, the applicant will most likely not need to relocate the lines
when the design and construction of that intersection begins.
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 linear park areas, which have no amenities planned
other than existing or proposed trails. Any subsequent construction in the
easement by the applicant would require restoration of the disturbed areas
to original conditions. The addition of fiber optic lines also obviously
assists the DPS North Facility and any others who may tie -in greatly.
Financial
Considerations: Not applicable.
Financial Impact: The city bears no expense and will gain fiber optic capability in the area.
Shana Yelverton, Acting City Manager
March 1, 2005
Page 2 of 2
Citizen Input/
Board Review: Park Board recommended (8 -0) to approve the utility easement at their
February 17, 2005, meeting.
Legal Review: Easement document based on standard utility easement language
previously reviewed by City Attorneys for use in park property.
Alternatives: Recommend alternative alignment or denial.
Supporting
Documents: Supporting documents include:
• Aerial Exhibit
• Easement Exhibit with Legal Description
Staff
Recommendation: Park Board recommendation to authorize the Mayor to execute a public
utility in park property.
Aerial Exhibit
Green shading = existing 20' Ilinear park
Magenta line = proposed 5' utility easement
N
W+ E
S
304 4 304 600 Feet
CITY OF SOUTHLAKE
PUBLIC 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 public utility facilities in, into, upon, over, across, under and
through all that land in Tarrant County, Texas described as follows, to -wit:
A 5 foot wide Permanent Public Utility Easement containing
approximately 0.1449 acres, as more particularly described in Exhibit "A"
and 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 Public Utility 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
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MING a 0.0993 acre 5.0 wide easement out of the R.D. Price corner in the above referenced east line of Kirkwood Boulevard;
Survey, Abstract No. 1207 and being a part of a 2C foot strip of THENCE N 0 25' 42 " E, along the above said east line of Kirkwood
land dedicated to the City of Southlake, Texas for Park land by Boulevard, 5,00 feet to the POINT CF BEGINNING and coNTAINING
the plat of Kirkwood Hollow Phase ITT, an addition to the city of 43250 square feet or 0.0993 acres of land.
Southlake, Texas, as recorded in Cabinet A, Slide 7474 and 7475
of the Plat Records of Tarrant County, Texas, said tract being
more particularly described as follows:
BEGINNING at a 5/8" capped iron rod found for a corner in the
east right- of--way licie of Kirkwood Boulevard (110 feet wide) at
its intersection with the north line of above said 20 foot Park
Land Dedication;
THENCE 5 89 08' 45" E, along the north line of the above said
Park Land and the southerly line of Block 2 of above said
Kirkwood Hollow Phase III addition, 36x4. -27 feat to a found capped
iron rod for the beginning of a circular curve to the left having
a radius of 1208.00 feet;
THENCE Southeasterly to Northeasterly, continuing along the above
said southerly line of Block 2 and with above said circular curve
to the left thru a central angle of 15" 19' 50" an arc distance
of 323.22 feet to a found capped iron rod;
THENCE. N 77 18" 24 R, 153.28 feet to - a 1/2 " iron rod set for a
corner;
THENCE N 0` 10' 50" E, 9.04 feet to a 1/2" iron rod set for
corner in the southerly line of Lot 18, Block 2 of the above
referenced Kirkwood Hollow Phase III addition;
THENCE N 74' 15' 17" E, along the above said southerly line of
Lot 18, 5.20 feet to a 1/2" iron rod set for a corner in the West
line of a tract of land as conveyed to the City of Seuthlake,
Texas, by deed as recorded in Volume 7354, Page 934 of the.Deed
Records of Tarrant County, Texas;
THENCE S 0 10' 50 W, along the above said west line line of the
City of Southlake tract, 14.45 feet to a 1/2" iron rod net for a
corner;
THENCE S 77 18' 24" w, 167.11 feet to a 1/2" iron rod set for
a paint in a ciroular curve to the right having a radius of
1213.00 feet;
This is to certify that this plat and description were prepared
from an actual survey on the ground of the above described
property, and that the corners and points of curve were correctly
placed under my direction.
SF l
Bearings based on mono y 5T3 and the recorded plat of
Kirk cod Hollow Phase IT
{ � ) 3.H. E57GIJ,q r
J H Williams .,,.. '�±q. ate -
Registed Professional Q gRV�
Land Surveyor v
Part of
PARKLAND PROPERTY
KIRKWOOD HOLLOW PHASE III
City of Southlake, Texas
R. D. Price SL"ey, Abstract No- 12D7
T",RRANT COUNTY, TEXAS
for
W i Itel
Drommer & Associates, Inc.
Engineers & Surveyers
9202 Markville
Dallas, Texas 75243
972 231 -8721
January, 200y
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an arc distance of 324.56 feet and having a chord
hearing
and
MING a 0.0993 acre 5.0 wide easement out of the R.D. Price corner in the above referenced east line of Kirkwood Boulevard;
Survey, Abstract No. 1207 and being a part of a 2C foot strip of THENCE N 0 25' 42 " E, along the above said east line of Kirkwood
land dedicated to the City of Southlake, Texas for Park land by Boulevard, 5,00 feet to the POINT CF BEGINNING and coNTAINING
the plat of Kirkwood Hollow Phase ITT, an addition to the city of 43250 square feet or 0.0993 acres of land.
Southlake, Texas, as recorded in Cabinet A, Slide 7474 and 7475
of the Plat Records of Tarrant County, Texas, said tract being
more particularly described as follows:
BEGINNING at a 5/8" capped iron rod found for a corner in the
east right- of--way licie of Kirkwood Boulevard (110 feet wide) at
its intersection with the north line of above said 20 foot Park
Land Dedication;
THENCE 5 89 08' 45" E, along the north line of the above said
Park Land and the southerly line of Block 2 of above said
Kirkwood Hollow Phase III addition, 36x4. -27 feat to a found capped
iron rod for the beginning of a circular curve to the left having
a radius of 1208.00 feet;
THENCE Southeasterly to Northeasterly, continuing along the above
said southerly line of Block 2 and with above said circular curve
to the left thru a central angle of 15" 19' 50" an arc distance
of 323.22 feet to a found capped iron rod;
THENCE. N 77 18" 24 R, 153.28 feet to - a 1/2 " iron rod set for a
corner;
THENCE N 0` 10' 50" E, 9.04 feet to a 1/2" iron rod set for
corner in the southerly line of Lot 18, Block 2 of the above
referenced Kirkwood Hollow Phase III addition;
THENCE N 74' 15' 17" E, along the above said southerly line of
Lot 18, 5.20 feet to a 1/2" iron rod set for a corner in the West
line of a tract of land as conveyed to the City of Seuthlake,
Texas, by deed as recorded in Volume 7354, Page 934 of the.Deed
Records of Tarrant County, Texas;
THENCE S 0 10' 50 W, along the above said west line line of the
City of Southlake tract, 14.45 feet to a 1/2" iron rod net for a
corner;
THENCE S 77 18' 24" w, 167.11 feet to a 1/2" iron rod set for
a paint in a ciroular curve to the right having a radius of
1213.00 feet;
This is to certify that this plat and description were prepared
from an actual survey on the ground of the above described
property, and that the corners and points of curve were correctly
placed under my direction.
SF l
Bearings based on mono y 5T3 and the recorded plat of
Kirk cod Hollow Phase IT
{ � ) 3.H. E57GIJ,q r
J H Williams .,,.. '�±q. ate -
Registed Professional Q gRV�
Land Surveyor v
Part of
PARKLAND PROPERTY
KIRKWOOD HOLLOW PHASE III
City of Southlake, Texas
R. D. Price SL"ey, Abstract No- 12D7
T",RRANT COUNTY, TEXAS
for
W i Itel
Drommer & Associates, Inc.
Engineers & Surveyers
9202 Markville
Dallas, Texas 75243
972 231 -8721
January, 200y
� ,THENCE Southwesterly to Northwesterly, along the
above
said
circular curve to the right thru a central angle of
15" 19'
SO"'
an arc distance of 324.56 feet and having a chord
hearing
and
distance of S 83 11" 20 "" W, 323.59 feet to a 1/2"
iron rod
set
for the point of tangency;
THENCE N 89" 08' 45" W, 364,23 feet to a 1/2" iron
rod set for a
MING a 0.0993 acre 5.0 wide easement out of the R.D. Price corner in the above referenced east line of Kirkwood Boulevard;
Survey, Abstract No. 1207 and being a part of a 2C foot strip of THENCE N 0 25' 42 " E, along the above said east line of Kirkwood
land dedicated to the City of Southlake, Texas for Park land by Boulevard, 5,00 feet to the POINT CF BEGINNING and coNTAINING
the plat of Kirkwood Hollow Phase ITT, an addition to the city of 43250 square feet or 0.0993 acres of land.
Southlake, Texas, as recorded in Cabinet A, Slide 7474 and 7475
of the Plat Records of Tarrant County, Texas, said tract being
more particularly described as follows:
BEGINNING at a 5/8" capped iron rod found for a corner in the
east right- of--way licie of Kirkwood Boulevard (110 feet wide) at
its intersection with the north line of above said 20 foot Park
Land Dedication;
THENCE 5 89 08' 45" E, along the north line of the above said
Park Land and the southerly line of Block 2 of above said
Kirkwood Hollow Phase III addition, 36x4. -27 feat to a found capped
iron rod for the beginning of a circular curve to the left having
a radius of 1208.00 feet;
THENCE Southeasterly to Northeasterly, continuing along the above
said southerly line of Block 2 and with above said circular curve
to the left thru a central angle of 15" 19' 50" an arc distance
of 323.22 feet to a found capped iron rod;
THENCE. N 77 18" 24 R, 153.28 feet to - a 1/2 " iron rod set for a
corner;
THENCE N 0` 10' 50" E, 9.04 feet to a 1/2" iron rod set for
corner in the southerly line of Lot 18, Block 2 of the above
referenced Kirkwood Hollow Phase III addition;
THENCE N 74' 15' 17" E, along the above said southerly line of
Lot 18, 5.20 feet to a 1/2" iron rod set for a corner in the West
line of a tract of land as conveyed to the City of Seuthlake,
Texas, by deed as recorded in Volume 7354, Page 934 of the.Deed
Records of Tarrant County, Texas;
THENCE S 0 10' 50 W, along the above said west line line of the
City of Southlake tract, 14.45 feet to a 1/2" iron rod net for a
corner;
THENCE S 77 18' 24" w, 167.11 feet to a 1/2" iron rod set for
a paint in a ciroular curve to the right having a radius of
1213.00 feet;
This is to certify that this plat and description were prepared
from an actual survey on the ground of the above described
property, and that the corners and points of curve were correctly
placed under my direction.
SF l
Bearings based on mono y 5T3 and the recorded plat of
Kirk cod Hollow Phase IT
{ � ) 3.H. E57GIJ,q r
J H Williams .,,.. '�±q. ate -
Registed Professional Q gRV�
Land Surveyor v
Part of
PARKLAND PROPERTY
KIRKWOOD HOLLOW PHASE III
City of Southlake, Texas
R. D. Price SL"ey, Abstract No- 12D7
T",RRANT COUNTY, TEXAS
for
W i Itel
Drommer & Associates, Inc.
Engineers & Surveyers
9202 Markville
Dallas, Texas 75243
972 231 -8721
January, 200y
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BEING a 0.0456 acre 5.0 wide easement out of the R.D. Price
Survey, Abstract No. 1207 and being a part of a 30 foot strip of
land dedicated to the City of Southlake, Texas for Park land by
the plat of Kirkwood Hollow Phase III, an addition to the City of
Southlake, Texas, as recorded in Cabinet A, Slide 7474 and 7475
of the Plat Records of Tarrant County, Texas, said tract being
more particularly described as follows:
BEGINNING at a 112" iron rod set for a corner in the east line of
Block 2 of above said Kirkwood Hollow Phase III addition said
point being N 1 23" 22" E, 113.00 feet from a capped iron rod
found for the most southeasterly corner of Lot 17, Block 2, of
said addition;
THENCE N 1 23' 22" E, along the above said east line of Block 2
of Kirkwood Hollow Phase III addition and the west line of above
said Park Land, 372.37 feet to a 1/2" iron rod set for a corner;
THENCE N 88 36' 38" E, :30.00 feet to a 112" iron rod set for a
corner in the west right -of -line of N. White Chapel Boulevard and
the east line of the Park Land property;
THENCE S 1 23" 22" W, alcnq the above said west line of N. white
Chapel Boulevard and the above said east line of Park Land
property, 5.00 feet to a 1/2 iron rod set for a corner;
THENCE N 88 36' 38 " W, 25.00 feet to a 1/2 iron rod set for a
corner;
THENCE S V 23' 22" w, 367.37 feet to a 1/2" iron rod set for a
corner;
THENCE N 88 36' 38" W, 5.00 feet to the POINT OF BEGINNING and
CONTAINING 1987 square feet or 0.0456 acres of land.
This is to certify that this plat and description were prepared
from an actual survey on the ground of the above described
property, and that the corners and points of curve were placed
under my direction.
bearings based ern mon d and the recorded
Kirkwood Hollow Phase I �g� i " y
J-A. Williams
Registed Professional
Land Surveyor
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BEING a 0.0456 acre 5.0 wide easement out of the R.D. Price
Survey, Abstract No. 1207 and being a part of a 30 foot strip of
land dedicated to the City of Southlake, Texas for Park land by
the plat of Kirkwood Hollow Phase III, an addition to the City of
Southlake, Texas, as recorded in Cabinet A, Slide 7474 and 7475
of the Plat Records of Tarrant County, Texas, said tract being
more particularly described as follows:
BEGINNING at a 112" iron rod set for a corner in the east line of
Block 2 of above said Kirkwood Hollow Phase III addition said
point being N 1 23" 22" E, 113.00 feet from a capped iron rod
found for the most southeasterly corner of Lot 17, Block 2, of
said addition;
THENCE N 1 23' 22" E, along the above said east line of Block 2
of Kirkwood Hollow Phase III addition and the west line of above
said Park Land, 372.37 feet to a 1/2" iron rod set for a corner;
THENCE N 88 36' 38" E, :30.00 feet to a 112" iron rod set for a
corner in the west right -of -line of N. White Chapel Boulevard and
the east line of the Park Land property;
THENCE S 1 23" 22" W, alcnq the above said west line of N. white
Chapel Boulevard and the above said east line of Park Land
property, 5.00 feet to a 1/2 iron rod set for a corner;
THENCE N 88 36' 38 " W, 25.00 feet to a 1/2 iron rod set for a
corner;
THENCE S V 23' 22" w, 367.37 feet to a 1/2" iron rod set for a
corner;
THENCE N 88 36' 38" W, 5.00 feet to the POINT OF BEGINNING and
CONTAINING 1987 square feet or 0.0456 acres of land.
This is to certify that this plat and description were prepared
from an actual survey on the ground of the above described
property, and that the corners and points of curve were placed
under my direction.
bearings based ern mon d and the recorded
Kirkwood Hollow Phase I �g� i " y
J-A. Williams
Registed Professional
Land Surveyor
"'
a� � y.ro Date
sp T�
SU •'
plat of
P L 0 F EAS
Part of
PARK LAND PROPERTY
KIRKWOOD HOLLOW PHASE III
City of Southlake, Texas
R. D. Price Survey, Abstract too. 1207
TARRANT COUNTY, TEXAS
for
Wiltel
Drommer & Associates, Inc.
Engineers & Surveyors
9262 Markville
Dallas. Texas 75243