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Item 6ECITY OF SOUTH LADE MEMORANDUM (December 7, 2010) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Ordinance No. 992, 2nd 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, 2nd 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. On November 16, 2010, the City Council approved the 1 St reading for Ordinance 992 to dedicate street right -of -way for the purpose of constructing Kirkwood Boulevard. In order to construct the roadway and the associated improvements, additional right -of -way was determined to be 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. The 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; Providing 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, 2 nd 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 O i l f 1_ � -: Yoe +00 — — _ + — — w ° o o ' • ma •- 3 +00 a +f7 5 +00 a 6 +00 x CARR INDEPENDENT SCHOOL DISTRICT ei `�� VOL— 3922 PG. 250 "-' �. �. 3 CARROI.L 1Vff 11�1ENT _ SCHOOL TRIGT VOL 5734. PGA 859 VU xv ;t :w D.R. T. G T. s GATEWAY D.R.T.G I Prescriptive (Green) 3,439 sf s ROW Dedication (Pink) 16,771 sf ' r ` + `'► b o Total ROW Dedication 20,210 sf 0 Remainder of City Property 15,737 sf r l *k ,' Jr 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 I EXHIBIT "B" LOT 11 HIGHLAND ESTATES VOL. 388 -134, PG. 100 P. R. T.C.T. EAST HIGHLAND STREET (VARIABLE WIDTH RIGHT -OF -WAY) N 89 °55'52"E 150.00' w zw 1 MI I _ APPARENT PRESCRIPTIVE RIGHT -OF WAY 4 �p� : \ S a z d =8' 52' 31 _k p -- PROPOSE � r` �D 1/2" IRS' RI �Nr w 0p CARROLL INDEPENDENT W R= 1030.00' o L= 159.55' fl CH =N 66'57'55 "W 159.39' SCHOOL DISTRICT cD w VOL, 5734, PG. 859 ° - ,�/ly D.R.T.C.T. �t`7a(j k wa AREA TABLE 0.825 ACRES TOTAL (35,947 SQ. FT.) 0.079 ACRE IN PRESCRIPTIVE RIGHT -OF - WAY 0.746 ACRE NET (32,509 SQ. FT.) 0 o aQ • L E ab 0 o C E. EUBANKS and wife, MARIE EUBANKS U0 F Gyq VOL. 5734, PG. 861 1 /2" IRS D.R.T.C.T. CHARD CAD NO 0481 Rj A65TRAC w POINT OF BEGINNING GATEWAY CHURCH ( ROD FOUND) ° D204303704 ° D.R.T.C.T. z S 89°55'52" W 154.00' (J.U_) KH- SLAKE- KIRKWOOD \KH- SLAKE- KIRKW00D -ROW ROCS- EUSANKS.d.g SURVEYED ON THE GROUND LEGEND �E.. F...,r NOVEMBER 24, 2009 IRF =IRON ROD FOUND: 1/2" IRS = IRON RODS SET ARE "GHRiSsL.BLEwNS• i /2" IRON RODS MARKED ' ................ ..... ,; 5792 RITTAIN & CRAWFORD" P. CHRIS L. BLEVINS N °" e s s ° .•'q`� REGISTERED PROFESSIONAL su� LAND SURVEYOR i STATE OF TEXAS NO. 5792 SOUTHLAI <E SOUTHLAKE, TARRANT COUNTY, TEXAS FLXA5 KIRKWOOD BOULEVARD IMPROVEMENT PROJECT RITTAIN & CRAWFORD EXHIBIT MAP dF 0 iA & L, 4w7) O 825 ACRE OF LAND AP H TOPOGRAPH IC MAPPING 926 -0211 - METRO (817) 429 -5112 LOCATED ED IN O "11 14 cg °'° 9 7 PA 374 . 60K 71 3908 S OUTH OIiTH FREEWAY THE RICHARD EADS SURVEY, FORT WORTH, TEXAS 16110 ABSTRACT No. 481 EMAIL, aAmn�Srillmn -anw lord.ea. TARRANT COUNTY, TEXAS SCA4E 1' :40' (J.U_) KH- SLAKE- KIRKWOOD \KH- SLAKE- KIRKW00D -ROW ROCS- EUSANKS.d.g