Item 4HCITY OF
SOUTHLAKE
MEMORANDUM
(November 16, 2010)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Ordinance No. 992, 1st Reading, Adopt an ordinance to
dedicate street right -of -way from City owned property at 1371
East Highland Avenue for the purpose of constructing
Kirkwood Boulevard and declare the remainder of the property
to be surplus.
Action
Requested: Ordinance No. 992, 1 st Reading, Adopt an ordinance to dedicate
street right -of -way from City owned property at 1371 East Highland
Avenue for the purpose of constructing Kirkwood Boulevard and
declare the remainder of the property to be surplus.
Background
Information: Ordinance No. 962 establishing the extension of E. Kirkwood Blvd
and adding it to the City's Master Thoroughfare Plan (MTP) was
adopted by the City Council on December 15, 2009. At
approximately the same time, the City of Southlake contracted for
Engineering Design Services with Kimley -Horn and Associates, Inc.
for preparation of construction plans and contract documents for
East Kirkwood Blvd.
The East Kirkwood Boulevard improvement project includes
approximately 13,200 I.f. of 8 -inch reinforced concrete pavement,
2,000 s.y. of sidewalk paving, 1,300 I.f. of storm drain
improvements, and 600 I.f.. of 12 -inch water line. The construction
contract was awarded by City Council to Conatser Construction,
TX, LP on November 2, 2010. Construction is scheduled to begin
by the end of the year.
In order to construct the roadway and the associated
improvements, additional right -of -way is needed. Land was
purchased from the property owner at 1371 East Highland Avenue.
A total of 35,947 s.f. (0.825 acres) was approved for purchase by
the City Council on September 21, 2010 for $179,000. The City
proposes to dedicate a total of approximately 20,210 s.f.. (0.464
acres) of which 3,439 s.f.. (0.079 acres) is considered prescriptive
use for the purpose of constructing the improvements to East
Kirkwood Boulevard as described and shown in Exhibit "A" in the
attached easement document.
After the right -of -way is dedicated for Kirkwood Boulevard, the City
has no planned use for the remainder of the property. This
remainder includes 15,738 s.f. and may be declared surplus
property pending suitable disposition of the property.
Financial
Considerations: There are no costs to the City other than the normal filing fees to
record the easement document
Strategic Link: The dedication of right of way in order to construct the
improvements to East Kirkwood Boulevard links to the city's
strategy map relative to the focus areas of Mobility, Infrastructure,
and Performance Management and Service Delivery. The specific
corporate objectives that are met by this construction project
include: Providing travel convenience within city and region;
Provide high quality customer service; and Investing to provide and
maintain high quality public assets.
Citizen Input/
Board Review: N/A
Legal Review: The standard ordinance has been reviewed by the City Attorney's
office.
Alternatives: The City Council may approve or deny this ordinance.
Staff
Recommendation: Approve Ordinance No. 992, 1 st Reading, Adopt an ordinance to
dedicate street right -of -way from City owned property at 1371 East
Highland Avenue for the purpose of constructing Kirkwood
Boulevard and declare the remainder of the property to be surplus.
Supporting
Documents: Location Map
Ordinance 992
Easement Document
Staff
Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Michelle McCullough, P.E., Civil Engineer
Kirkwood Boulevard Extension
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ORDINANCE NO. 992
AN ORDINANCE DEDICATING PERMANENT STREET RIGHT -OF -WAY
FROM CITY OWNED PROPERTY AT 1371 EAST HIGHLAND AVENUE
LOCATED IN THE RICHARD EADS SURVEY, ABSTRACT NO. 481 IN THE
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT
SUCH STREET RIGHT -OF -WAY IS NECESSARY FRO 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 intersection improvements at E. Kirkwood Boulevard and E.
Highland Avenue associated with the extension of E. Kirkwood Boulevard from Blessed
Way to E. Highland Avenue demonstrates a need for additional street right -of -way from
City owned property at 1371 E. Highland Avenue; and
WHEREAS, the intersection 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 extension of E. Kirkwood Boulevard upon and across City owned
property located at 1371 E. Highland Avenue out of the RICHARD EADS SURVEY,
ABSTRACT NO. 481 in the City of Southlake, Tarrant County, Texas; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
The City of Southlake grants right -of -way out of the RICHARDS EADS SURVEY,
ABSTRACT NO. 481 to the City of Southlake, Tarrant County, Texas, more specifically
shown in Exhibit "A" attached hereto and incorporated herein for all purposes and the
right -of -way 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 Right -of -Way Dedication.
SECTION 3
A copy of the Right -of -Way Dedication 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
EXHIBIT "B"
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KIRKWOOD
LAKE, TARRANT COUNTY, TEXAS
BOULEVARD IMPROVEMENT PROJECT
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RITTAIN & C,RAWFORD EXHIBIT MAP
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TOPOGRAPHIC MAPPING 0. ACRES OF LAND
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(817) 926 -0211 - METRO (817) 429 -5112 LOCATED IN
FAX No. (8, 7) 9 26-93 47 THE RICHARD EADS SURVEY
P.O. BOX 11374 SOUTH 3908 SOUTH FREEWAY f
FORT WORTH, TEXAS 76110 ABSTRACT No. 481
EMAIL: admin@brittoin- crowford.com
TARRANT COUNTY, TEXAS SCALE 1 " =40'
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