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Item 4QCITY OF SOUTHLAKE MEMORANDUM (December 4, 2012) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Ordinance No. 1055, 1 St Reading, Adopt an ordinance to dedicate street right of way from City owned park property described as Lot 1, Block 1, Johnson Place Estates Addition for the purpose of constructing FM1938 Phase 2 Action Requested: Ordinance No. 1055, 1 St Reading, Adopt an ordinance to dedicate street right of way from City owned park property described as Lot 1, Block 1, Johnson Place Estates Addition for the purpose of constructing FM1938 Phase 2. Background Information: The FM1938 Phase 2 construction project consists of widening Randol Mill Avenue from the intersection of FM1709 up to the Randol Mill Bend from a 2 -lane roadway to a 4 -lane divided roadway with a center landscaped median. TxDOT construction is anticipated to begin in FY2014. In order to construct the roadway and the associated improvements, right of way is required from the City owned park property described as Lot 1, Block 1, Johnson Place Estates Addition. The property was platted with the Johnson Place Estates Addition in November, 2007. Lot 1, Block 1 of the Johnson Place Estates Addition was dedicated as a park to be maintained by the homeowner's association, and has been deeded to the City. The right of way parcel is approximately 0.087 acre, as described and shown in the attached Exhibit "A ". The City Attorney has instructed staff to bring forward this ordinance for adoption to authorize conveyance of a portion of City owned park property from the Johnson Place Estates development for the public purpose of constructing the FM1938 Phase 2 project. The Attorney General has determined that when the proposed grantee is a governmental agency having powers of eminent domain over the property involved, a referendum is not required for the conveyance of the property. Financial Considerations: There are no costs to the City other than the normal filing fees to record the right of way dedication documents. Strategic Link: The construction of FM1938 Phase 2 links to the city's strategy map relative to focus areas 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: Ordinance No. 1055, 1 St Reading, Adopt an ordinance to dedicate street right of way from City owned park property described as Lot 1, Block 1, Johnson Place Estates Addition for the purpose of constructing FM 1938 Phase 2. Supporting Documents: Location Map Ordinance 1055 Right of Way Exhibit Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Cheryl Taylor, P.E., Civil Engineer I� ORDINANCE NO. 1055 AN ORDINANCE DEDICATING STREET RIGHT OF WAY FROM CITY OWNED PARK PROPERTY LOCATED AT LOT 1, BLOCK 1, JOHNSON PLACE ESTATES ADDITION IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH RIGHT OF WAY 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 FM1938 Phase 2 project demonstrates a need for additional right of way to construct the improvements from City owned park property described as Lot 1, Block 1, Johnson Place Estates Addition; and WHEREAS, the FM1938 Phase 2 project 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 FM1938 Phase 2 project upon and across City owned park property described as Lot 1, Block 1, Johnson Place Estates Addition; and WHEREAS, the Attorney General has determined that a referendum is not required if the grantee is a governmental agency having powers of eminent domain over the property involved for which there is a need for public purposes; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The City of Southlake grants a Right of Way parcel 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 Right of Way. SECTION 3 A copy of the Right of Way parcel 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 , 2012. MAYOR /JOHN TERRELL ATTEST: CITY SECRETARY /ALICIA RICHARDSON PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2012. MAYOR /JOHN TERRELL ATTEST: CITY SECRETARY /ALICIA RICHARDSON APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Parcel 22 G F.M. 1938 CSJ: 1978 -01 -052 March 2, 2011 Exhibit A, Page I of 3 Being a 0.087 acre (3,794 square foot) tract of land situated in the J.J. Freshour Survey, Abstract Number 521, Tarrant County, Texas, and being a portion of Lot 1, Block 1, Johnson Place Estates Addition, as recorded in Cabinet A, Slide 12308, 12309 and 12310, Plat Records, Tarrant County, Texas (P.R.T.C.T.), being dedicated to City of Southlake Parks and Recreation Department per plat and being more particularly described by metes and bounds as follows; (1) BEGINNING at a set 518 inch iron rod with Transystems cap on the South line of said Lot 1, Block 1 and the North line of Lot 19, Block 1, of said Johnson Place Estates Addition, also being on the Proposed Westerly Right -of -Way line of F.M. 1938, said 518 inch iron rod being Nortli 89° 56' 51" East, 47.66 feet from a found 112 inch capped iron rod at the Northwest corner of Lot 19, Block l of said Johnson Place Estates, and being at right angles to and 63.91 feet left of centerline Highway Sta. 41 +81.90; point also being the beginning of a curve to the right, whose center point bears North 88 °00'59 "East, a distance of 19,393.53 feet, being Lot 1, Hillside Estates Addition, as recorded in Volume 388 -181, Page 6, P.R.T.C.T.; (2) THENCE with said curve and with the Proposed Westerly Right -of -Way line of F.M. 1938, in a Northerly direction, through a central angle of 0 °30'24 ", an arc distance of 171.48 feet to a set 518 inch iron rod with Transystems cap on the North line of said Lot 1, Block 1 and the South line of a tract of land to Ross W. and Karen L. Garrett, as recorded in Instrument #D 198064835, Deed Records, Tarrant County, Texas; (3) THENCE North 89 °03'51 "East, along the North line of said Lot 1, Block 1 and South line of said Garrett tract, a distance of 24.25 feet to a set 518 inch iron rod with Transystems cap for the Northeast corner of said Lot 1, Block 1 and the Northwest corner of a 30 foot Right -of -Way Reservation by MDC -- Johnson Place Estates, LTD., per said Johnson Place Estates plat; (4) THENCE South 0 °06'55 "East, along the East line of said Lot 1, Block I and the West line of said 30 foot Right -of -Way Reservation, a distance of 171.79 feet to a set 518 inch iron rod with Transystems cap for the Southeast corner of said Lot 19, Block 1 and the Northeast corner of Lot 19, Block 1, of said Johnson Place Estates plat; (5) THENCE South 89 °5651 "West, along the South line of said Lot 1, Block I and the North line of said Lot 19, Block 1, a distance of 19.71 feet to the POINT OF BEGINNING, containing 0.087 acre (3,794 square feet) of land, more or less. NOTE: Basis of bearing is the Texas State Plane Coordinate System, North Central Zone (4202), North American Datum 1983 (NAD 83) with all distances and coordinates adjusted to surface by project surface factor of 1.00012825. NOTE: Plat to accompany this legal description. Parcel 22 G F.M. 1938 CSJ: 1978 -01 -052 March 2, 2011 Exhibit A, Page 2 of 3 That I, Timothy A. Frost, a Registered Professional Land Surveyor in Texas, hereby states that this survey was made from an actual on the ground survey made in July, 2010 under my supervision, that all monuments exist as shown hereon and this survey substantially conforms with the current professional and technical standards as set forth by the Texas Board of Professional Land Surveying. Timothy A. Fro Registered Professional Land Surveyor Texas Registration Number 5316 t J. J. FRESHOUR SURVEY ABSTRACT NO. 521 CURVE PRW07 CURVE CL04 CURVL 1-HWUf N 8 24.25' 1 • E ROSS TT DELTA - 0' 30' 24' (RT) DELTA- 0' 43' 49 (RT) 22 AND SPOUSE, R- 19,393.53 R- 8,000.00 KAREN L. GARRETT L- 171.48 L- 101.98 INST. • D198064835 MDC - JOHNSON PLACE ESTATES, LTD. CB- N f 37'49W CB- N r 50'27' W D. R. T. C. T. JOHNSON PLACE ESTATES ADDITON LC- 171.48 LC- 10/.98 °j CITY OF SOUTHLAKE ADDITON PARKS AND RECREATION LOT I DEPARTMENT Q JOHNSON PLACE ESTATES P. R. T. C. T. ADDITION N r 28' 32' W 7 40. 85' _ _ _ — - r - BLOCK 1. LOT I I _— — — 1938 PROPOSED fL CAB.A, SLIDES 12308, EXISTING ROW 12309 AND 12310 PT 42 +47. 22 P. R. T. C. T. — — — — - — — — — J Legal descriptlon to occompary 1N5 survey sketch, — - — . — - — . _ - — - — - — - • J— - — - — - — - --- - — -- SCGIC Feet r NOTE., B0616 of bearing Is the Texas State Plone Coordlnote System, North Central Zone (4202), F. M. 1938 0 25 50 75 North Americon Datum /983 (HAD 831., wlth alldiatonces and coordinates adjusted to surface y crxr CITY OF SOUTHLAKE � PARKS AND RECREATION JOHNSON PLACE HOMEOWNERS ASSOCIATION N 89 56'51' E DEPARTMENT INST. • D207427854 47.66' TAKING 0.087 ACRES D. R. T. C. T P. 0. B. REMAINDER 5.77 ACRES JOHNSON PLACE ESTATES ADDITION PARCEL 22 G BLOCK 1, LOT 19 41 , 81.90 CAB.A, SLIDE 12308, 63.91 LT 12309 AND 12310 P.R. T. C. T. PlanpnSFf) ROW _ — PROPOSED ROW CURVL 1-HWUf N 8 24.25' 1 • E ROSS TT S 89' 56' 51' W 19.7r 22 AND SPOUSE, S 0 55' E 171,79' KAREN L. GARRETT INST. • D198064835 MDC - JOHNSON PLACE ESTATES, LTD. D. R. T. C. T. JOHNSON PLACE ESTATES ADDITON HILLSIDE ESTATES CAB.A, SLIDE 12309, 12309, AND 12310 ADDITON P. R. T. C. T. LOT I VOL.388 -181, PG.6 EXISTING ROW P. R. T. C. T. CURVE CL04 N r 28' 32' W 7 40. 85' _ _ _ — - r - N2'12'22'W 250.00 - - -T -- — - --- �-- -� —. —. .— I _— — — 1938 PROPOSED fL ofa1CA23N EXISTING ROW C AB. P C 41 +45. 24 P.R.r.C.r. Ae. A, SLIDE l23a9 PT 42 +47. 22 — — — — — — — — — — — — - — — — — J Legal descriptlon to occompary 1N5 survey sketch, — - — . — - — . _ - — - — - — - • J— - — - — - — - --- - — -- SCGIC Feet r NOTE., B0616 of bearing Is the Texas State Plone Coordlnote System, North Central Zone (4202), F. M. 1938 0 25 50 75 North Americon Datum /983 (HAD 831., wlth alldiatonces and coordinates adjusted to surface by project surface factor of 1.00012825. � LEGEND Tfmm Y A, W T & IL't IiG 6YA 0 • 518 Inch Iron rod wlth plastic cap stamped 'Tronsystems'set PK Nall set or X-Cut set - Marker found 'as nosed' 0. P. R. T. C. T. ° Officiat Public Records, Tarrant County, Texas D. R. T. C. T. - Deed Records. Tarrant County, Texas P. R. T. C. T. - Plat Records. Tarrant County. Texas P.O.C. • Point Of Gommenclog P.O.B. • Point Of Beglnning )E • Property Una $ Surrey Line Fee Nook Centerline 17ezree �ataer�a�ns 6797ev6�pLVC€fi'.a+1 CITY OF SOUTHLAKE PARKS AND RECREATION DEPARTMENT 0.087 ACRE PACE STATE DIST. COUNTY HIGHWAY NO. Page 3 of 3 TEXAS F Tw I TARRANT F. U. 1938 CONT. SECT. JOB C. S. J. ROW C. S. J. 1978 01 052