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