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