Item 6BCITY OF
SOUTH LADE
MEMORANDUM
(November 2, 2010)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Ordinance No. 985, 2nd Reading, Adopt an ordinance to
dedicate a permanent utility, drainage and wall easement from
City owned park property located at 700 North Kimball Avenue
for the purpose of constructing future street improvements
Action
Requested: Approve Ordinance No. 985, 2nd Reading, Adopt an ordinance to
dedicate a permanent utility, drainage and wall easement from City
owned park property located at 700 North Kimball Avenue for the
purpose of constructing future street improvements.
Background
Information: The Kimball Avenue improvement project consists of widening
Kimball Avenue from a 2-lane roadway to a 4-lane divided roadway
with a center median. The construction contract will be awarded in
2010 with construction beginning prior to the end of the year.
In order to construct the roadway and the associated
improvements, a permanent utility, drainage and wall easement is
required from the City owned park property located at 700 North
Kimball Avenue. The property was platted by Gateway Church in
January, 2010. Lot 2, Block 3 of the Gateway Church — 114
Campus plat was dedicated for Public Park. The easement is
approximately 0.026 acre, as described and shown in Exhibit "A" in
the attached easement document.
1" Reading of Ordinance 985 was approved by the City Council on
October 19, 2010.
Financial
Considerations: There are no costs to the City other than the normal filing fees to
record the easement document.
Strategic Link: The construction of Kimball Avenue links to the city's strategy map
relative to focus area of Mobility, Infrastructure, and Performance
Management and Service Delivery. The specific corporate
objectives that are met by this construction project are to provide
travel convenience within the City and region, to invest to provide
and maintain high quality public assets and to provide high quality
customer service.
Citizen Input/
Board Review: None.
Legal
Review: The standard 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. 985, 2nd Reading, Adopt an ordinance to
dedicate a permanent utility, drainage and wall easement from City
owned park property located at 700 North Kimball Avenue for the
purpose of constructing future street improvements.
Supporting
Documents: Location Map
Ordinance 985
Easement Document
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. 985
AN ORDINANCE DEDICATING A PERMANENT UTILITY, DRAINAGE AND
WALL EASEMENT FROM CITY OWNED PARK PROPERTY LOCATED AT
700 NORTH KIMBALL AVENUE DESCRIBED AS LOT 2, BLOCK 3,
GATEWAY CHURCH - 114 CAMPUS IN THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT 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 Kimball Avenue improvement project demonstrates a need
for additional easements to construct the improvements from City owned park property
located at 700 North Kimball Avenue described as Lot 2, Block 3, Gateway Church —
114 Campus; and
WHEREAS, the Kimball Avenue improvements 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 the Kimball Avenue improvements upon and across City owned park
property located at 700 North Kimball Avenue described as Lot 2, Block 3, Gateway
Church — 114 Campus; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
The City of Southlake grants a Public Utility, Drainage and Wall Easement 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 Public Utility, Drainage and Wall Easement.
SECTION 3
A copy of the Public Utility, Drainage and Wall Easement 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
2010.
MAYOR/JOHN TERRELL
ATTEST:
CITY SECRETARY/LORI PAYNE
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
2010.
MAYOR/JOHN TERRELL
ATTEST:
CITY SECRETARY/LORI PAYNE
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER,
OWNERS DEDICATION
PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT
STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS, CITY OF SOUTHLAKE is the sole owner of Lot 2, Block 3,
GATEWAY CHURCH-114 CAMPUS, an addition to The City of Southlake,
Tarrant County, Texas, according to the plat recorded in County Clerk's File No.
D210005155 of the Deed Records of Tarrant County, Texas.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, CITY OF SOUTHLAKE does hereby dedicate the following property
described in Exhibits A & B attached hereto and made a part hereof as a
PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT.
WITNESS MY HAND at Southlake, Tarrant County, Texas, this day of
.2010.
CITY OF SOUTHLAKE
STATE OF TEXAS
BEFORE ME, the undersigned authority, in and for said County, on this day
personally appeared , known to me to be the
persons whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and
considerations therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day of
.2010.
Notary Public in and for The State of Texas
Commission Expires:
EXHIBIT "A„
LEGAL DESCRIPTION
PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT
NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD
PARCEL 9
BEING 0.026 acre of land located in Lot 2, Block 3, Gateway Church-114
Campus, an addition to the City of Southlake, Tarrant County, Texas, according
to the plat recorded in County Clerk's File No. D210005156 of the Plat Records
of Tarrant County, Texas. Said 0.026 acre of land being more particularly
described by metes and bounds as follows:
BEGINNING at a point in the North boundary line of said Lot 2, lying S 88' 44'
41" W 10.00 feet, from a'/z" iron rod found marking the Northeast corner of said
Lot 2, and said POINT OF BEGINNING also lying in the West boundary line of an
existing 10' wide wall, drainage and utility easement, recorded in County Clerk's
File No. D210005156 of the Plat Records of Tarrant County, Texas;
THENCE S 00' 49' 31" E 224.56 feet, along the West boundary line of
said existing 10' wide easement, to a point;
THENCE S 89' 10' 29" W 5.00 feet, to a point;
THENCE N 00' 49' 31" W 224.52 feet, along a line 5.0' West of and
parallel to the West boundary line of said existing 10' wide easement, to a
point in the North boundary line of said Lot 2;
THENCE N 88° 44' 41" E 5.00 feet, along the North boundary line of said
Lot 2, to the POINT OF BEGINNING containing 0.026 acre (1,123 square
feet) of land.
PARCEL NO. 9
G i d o c5 k i m b al I-1 e g a I ME S -9
LOT 1, BLOCK A
UNION HALL ADDITION
VOL 388-200. PG. 96
P.R.T.C.T. I
POINT OF BEGINNIN JNOHEAST
IRON OD FOUND
ORNER OF
OT 2, 3LOCK 3
5.00'
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5' PERMANENT UTILITY, DRAINAGE I
AND WALL EASEMENT, 0.02E ACRE
1,123 SQ.FT. 4
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LOT 2, BLOCK 3 z
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GATEWAY CHURCH — 114 CAMPUS
CC No. D210005156, P.R.T.C.T. o
'DEDICATED FOR PUBLIC PARK' nl
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OWNER: CITY OF SOUTHLAKE
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LOT 1, BLOCK 3
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SCALE 1 "= 60'
)NJCITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
EXHIBIT "B"
$�trrrenv &CRAwFoRD PERMANENT UTILITY, DRAINAGE
LAND SURVEYING & AND WALL EASEMENT
TOPOGRAPHIC MAAMNG
0.026 ACRE OF LAND V _.._
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- METRO7)926— 17i �ro-ellx JAMES L BRITTAIN
FAX 13T I- 3 9zeti117H LOCATED IN _.._. .........................._,.....
P.O. @G{ 11374 +� 3r03 OOY7N FiEE11�' (�? �'{]'i rv,�
FdlT WMTH, TEiw 79t10 LOT 2, BLOCK 3
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GATEWAY CHURCH-114 CAMPUS
\KIIAflrLL.L�ES—OB\ SOUTHLAKE, TARRANT COUNTY, TEXAS JULY 14, 2010