Item 4BCITY OF
SOUTHLAKE
MEMORANDUM
(September 6, 2011)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Approve a sidewalk construction escrow agreement in the
amount of $5,187.25 with Paula Vining of 1810 Sunshine Lane
Action
Requested: Approve a sidewalk construction escrow agreement in the amount
of $5,187.25 with Paula Vining of 1810 Sunshine Lane.
Background
Information: On February 16, 2010, City Council approved the plat for Lots 31
and 32, Francis Throop No. 1511 Addition, a two lot subdivision.
The property where the subject sidewalk is required to be built is
located at the northwest corner of Sunshine and Shumaker Lanes.
The building permit for the house at this location was issued on
November 19, 2010 and the Certificate of Occupancy was issued
on July 5, 2011. The proposed sidewalk requested to be deferred
runs along Sunshine Lane along the southern boundary of 1810
Sunshine Lane (approximately 199.51 linear feet).
The residents, Paula and Dan Vining who have recently built a new
house on this subject tract are requesting that the requirement to
build the sidewalk along Sunshine Drive be deferred to a later date
by allowing the deposit of funds necessary to construct the 4 foot
wide sidewalk along the south side of the property. If the sidewalk
at 1810 Sunshine Lane is not developed within the next thirty years,
or the City otherwise determines that the afore - described sidewalk
is not necessary or desirable, the City will return the sidewalk
funds, less reasonable administrative charges and expenses, to
Dan and Paula Vining or their successors or assigns.
Financial
Considerations: The cost of the sidewalk along the south side of Lot 31 of the
Francis Throop No. 1511 Addition is estimated at $5,187.25.
These funds will be deposited into an interest bearing account for
use by the city at a later date when sidewalks along other portions
of Sunshine Lane are constructed.
Strategic Link: The approval of this sidewalk deferral agreement links to the city's
strategy map relative to the focus area of Quality Development.
The specific corporate objective that is met by the approval of this
deferral agreement is: Provide high quality customer service.
Citizen Input/
Board Review: N/A
Legal Review: The City Attorney has reviewed an agreement similar to this on
another sidewalk deferral request.
Alternatives: The City Council may approve or deny the agreement
Supporting
Documents: Location Map
Francis Throop No. 1511 Addition Final Plat
Sidewalk Escrow Agreement between Paula Vining and Southlake
Staff
Recommendation: Approve a sidewalk construction escrow agreement in the amount
of $5,187.25 with Paula Vining of 1810 Sunshine Lane.
Staff Contact: Robert H. Price, P. E., Public Works Director
Gordon Mayer, Asst. Director of Public Works
Location Map
EKE
ra�aPae .y. �p'prt�axrep Pe
... . ..... .
. . .
o
kq..N — F--j- -NqD
- if
amps /
AGREEMENT REGARDING DEFERRAL OF SIDEWALK CONSTRUCTION
ACROSS LOT 31, F. Throop Addition No. 1511
TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
1. Parties. The parties to this Agreement (hereinafter referred to as "the Agreement ") are
Dan and Paula Vining, the owners of Lot 31 of the F. Throop No. 1511 Addition in Southlake,
Texas (hereinafter referred to as "the Owners ") and the City of Southlake (hereinafter referred to
as "the City. ")
2. Background. This lot was platted on February 16, 2010. The building permit for the
home was issued on November 19, 2010. Construction began soon after. The house was
completed and the Certificate of Occupancy was issued on July 5, 2011. When the above
mentioned lot was built upon, no other sidewalks were built along Sunshine Lane. The
developer of the residential lot is Paula and Dan Vining who will live in the house. The City
obtained and recorded public right of way on the south side of Lot 31 in order to build a sidewalk
to connect to any addition or other development which may be built in the future on the Sunshine
Lane in Southlake, Texas.
3. Postponement of Sidewalk Construction. Because no sidewalks are currently existing
along Sunshine Lane, the owner is requesting that the construction of said sidewalk along
Sunshine Lane be allowed to be deferred until such time as the sidewalk along other sections of
Sunshine Lane are constructed.
4. Sidewalk Funds. Owners and the City have arranged for the developers of 1810
Sunshine Lane, otherwise legally identified as Lot 31, F. Throop No. 1511 Addition., to give the
City Five Thousand One Hundred Eighty Seven Dollars and twenty five cents
( @6.50 /sf*4'/L,F*199.51 = $5,187.25), hereinafter referred to as "the Sidewalk Funds" within
ten business days of the Parties' execution of this Agreement. The Parties agree that the
Sidewalk Funds are to compensate the City for the future expense it will incur in building the
sidewalk. The City will arrange for the Sidewalk Funds to be placed in an interest - bearing
account until needed for construction of the sidewalk. If the land at 1810 Sunshine Lane is not
developed within the next thirty years, or the City otherwise determines that the afore - described
sidewalk is not necessary or desirable, the City will return the Sidewalk Funds, less reasonable
administrative charges and expenses, to Dan and Paula Vining or their successors or assigns.
5. Title to Lot 31. The Parties agree that this Agreement will be a covenant running with
the land, and be binding on any future owners of Lot 31, F. Throop No. 1511 Addition.
Accordingly, the City may file the Agreement in the deed records of Tarrant County, Texas.
6. No Waiver of Use. Nothing contained in the Agreement prohibits the City from using
the right of way described herein owned by the City in any way consistent with the City's rights
during the period until the sidewalk described herein is constructed.
Dan Vining Date
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the day of
2011, by Dan Vining.
Notary Public in and for the State of Texas
Paula L. Vining Date
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the day of
2011, by Paula L. Vining.
Notary Public in and for the State of Texas
Name Date
Title
On Behalf of the City of Southlake
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the day of
2011, by on behalf of the City of Southlake, Texas.
Notary Public in and for the State of Texas