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Item 4ECITY OF SOUTH LAKE MEMORANDUM (February 4, 2014) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Ordinance No. 1083, 1st Reading, Approve ordinance to dedicate right of way and easement from City property located at 1200 North White Chapel Boulevard and 400 North White Chapel Boulevard for the North White Chapel Boulevard widening project. Action Requested: Ordinance No. 1083, 1st Reading, Approve ordinance to dedicate right of way and easement from City property located at 1200 North White Chapel Boulevard and 400 North White Chapel Boulevard for the North White Chapel Boulevard widening project. Background Information: The City property at 1200 N. White Chapel Blvd. is Lot 8CO2A, Thomas M Hood Survey, Abstract 706 and was purchased in 1999 to facilitate realignment of the intersection of North White Chapel Boulevard and Highland Street. Right of way is necessary for the construction of the proposed roundabout in the White Chapel Boulevard Paving and Drainage Improvements from East Highland Street to SH114 project. This project is at 95% design and the City is in the process of acquiring all the necessary right of way. The City property at 400 N. White Chapel Blvd. is along the east side of Bicentennial Park, Lots 1, 1 E and 1 C01 of the Littleberry G. Hall Survey, Abstract 686. A "Street, Drainage & Utility Easement" is required from this property to accommodate facilities associated with the Paving, Drainage & Water Improvements for White Chapel Boulevard from Emerald Blvd. to 500' south of Highland St. This project is at 95% design and the City is in the process of acquiring all the necessary right of way. These two projects are running concurrently and are collectively known as the North White Chapel Boulevard widening project from Emerald Blvd. to SH114. Once all of the right of way is acquired the City will work with the franchise utilities for relocations of their utilities. Construction is anticipated to begin in early 2015. 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 right of way and easement acquisition links to the city's strategy map relative to focus area of Mobility, Infrastructure, and Performance Management and Service Delivery. The specific corporate objectives that are met by this right of way dedication are to provide travel convenience within the City and region and to invest to provide and maintain high quality public assets. Citizen Input/ Board Review: None. Legal Review: The ordinance has been reviewed by the City Attorney's office. Alternatives: The City Council may approve or deny the ordinance. Staff Recommendation: Approve Ordinance No. 1083. Supporting Documents: Location Map Ordinance 1083 Right of Way Documents Easement Documents Staff Contact: Robert H. Price, P.E., Public Works Director Cheryl Taylor, P.E., Deputy Director Public Works/City Engineer Steven D. Anderson, P.E., CFM, Civil Engineer ORDINANCE NO. 1083 AN ORDINANCE DEDICATING PERMANENT STREET RIGHT-OF-WAY FROM CITY OWNED PROPERTY AT 1200 NORTH WHITE CHAPEL AND PERMANENT STREET, DRAINAGE & UTILITY EASEMENTS FROM CITY OWNED PROPERTY AT 400 NORTH WHITE CHAPEL IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH RIGHT-OF-WAY AND EASEMENTS ARE NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE RIGHT-OF-WAY AND EASEMENT 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 future street improvements (widening of North White Chapel, as approved in the Master Thoroughfare Plan) from Emerald Boulevard to SH 114 demonstrates a need for additional right of way and easements to construct the roadway improvements from City owned properties at 1200 North White Chapel Boulevard and 400 North White Chapel Boulevard; and WHEREAS, the future street 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 right of way and easements from City owned properties at 1200 North White Chapel Boulevard and 400 North White Chapel Boulevard; 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 and easements to the City of Southlake, Tarrant County, Texas, more specifically shown in Exhibits "A" and "B" attached hereto and incorporated herein for all purposes and the right of way and easements are 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 and Easement Dedications. SECTION 3 A copy of the Right of Way and Easement Dedications 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 , 2014. MAYOR/JOHN TERRELL ATTEST: CITY SECRETARY/ALICIA RICHARDSON PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2014. MAYOR/JOHN TERRELL ATTEST: CITY SECRETARY/ALICIA RICHARDSON APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY EXHIBIT "A" RIGHT -OF- WA Y DEDICA TION 0.5390 ACRES123, 481 SO. FT. PARCEL A POR770N 0 CITY OF S0U7HLAKE TRACT 7HOMAS M. HOOD SURVEY,, ABSTRACT NO. 706 CITY OF SOU774LAKE, TARRANT COUNTY, TEXAS DESCRIPTION BEING a 0.5390 acre tract of land situated in the Thomas M. Hood Survey, Abstract No. 706, in the City of Southlake, Tarrant County, Texas and being a portion of a called 1.0 acre tract of land conveyed to the City of Southlake according to the Warranty Deed as recorded in Instrument No. D199076920 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows: BEGINNING of a 1/2" iron rod found in the west right—of—way line of N. White Chapel Boulevard (variable width right—of— way) for the northeast corner of the aforementioned City of Southlake called 1.0 acre tract, said northeast corner also being the southeast corner of a tract land conveyed to Barry M. McCoy and Tonya B. McCoy (McCoy) according to the Warranty Deed with Vendor's Lien recorded in Instrument No. D202000068, D.R.T.C.T.; THENCE S 00'43'29" E (deed—S 00'10' W), with the east line of said City of Southlake called 1.0 acre tract and said west right—of—way line of N. White Chapel Boulevard, 290.00 feet to a mag spike set in asphalt for the southeast corner of said City of Southlake called 1.0 acre tract, said southeast corner being at the intersection of said west right—of—way line of N. White Chapel Boulevard and the north right—of—way line of W. Highland Street (variable width right—ot—way); THENCE S 89'10'27" W (deed —WEST), with the south line of said City of Southlake called 1,0 acre tract and said north right--of--way line of W. Highland Street, 148.60 feet (deed- 150.2 feet) to a PK nail set in asphalt for the southwest corner of said City of Southlake called 1.0 acre tract, said southwest corner also being the southeast corner of a called 0.07 acre tract of land conveyed to the City of Southlake according to the Right —of —Way Dedication as recorded in Instrument No. D199171506, D.R.T.C.T., and refiled as a General Warranty Deed in Instrument No. D199193136, D.R.T.C.T.; THENCE N 00'58'49" W (deed—N 00'10' E), departing said north right—of—way line of W. Highland Street and with the west line of said City of Southlake called 1.0 acre tract and the east line of said City of Southlake called 0.07 acre tract, passing at 47.22 feet a 1/2" iron rod found for the northeast corner of said City of Southlake called 0.07 acre tract and the most southerly southeast corner of the remainder of a called 7.61 acre tract conveyed to Marguerite Elizabeth Fechtel Revocable Trust (Fechtel Revocable Trust) NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 1 OF 5 TBPE FIRM REG. NO, F-356 REVISED: JANUARY 7, 2013 TBPLS FIRM REG. NO. 100189-00 OCTOBER 18, 2012 Two Park Lane Place / 8080 Park Lane / Suite 600 Dallas, Texas 75231 / Ph. (214) 739-4741 076.6 8076— 76—P P33.dwg EXHIBIT "A" RIGHT -OF -WA Y DEDICA 77ON a 5390 ACRES123, 481 SO. FT. PARCEL A PORTION O CITY OF SOUTHLAKE TRACT THOMAS M. HOOD SURVEY, ABSTRACT NO. 706 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS according to the Warranty Deed as recorded in Instrument No. D206039011, D.R.T.C.T., and continuing with the west line of said City of Southlake called 1.0 acre tract and the most southerly east line of said Fechtel Revocable Trust tract a total distance of 49.98 feet to a 1/2" iron rod with plastic cap stomped "TX REG NO 100189-00" set for corner, said corner being the beginning of a non —tangent curve to the left having a central angle of 35'02'51", a radius of 136.00 feet, a tangent length of 42.94 feet and a chord which bears N 47'23'54" E, 81.90 feet, from whence a 1/2" iron rod found for the northwest corner of said City of Southlake called 1.0 acre tract and a re—entrant corner of the aforementioned Fechtel Revocable Trust tract bears N 00'58'49" W (deed — IN 00'10' E), 238.58 feet; THENCE, departing the west line of said City of Southlake called 1.0 acre tract and the most southerly east line of said Fechtel Revocable Trust tract and with said non —tangent curve to the left, an arc distance of 83.19 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189-00" set for corner; THENCE N 29'52'28" E, 69.58 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189-00" set for corner, said corner being the beginning of a tangent curve to the left having a central angle of 30'29'34", a radius of 51.00 feet, a tangent length of 13.90 feet and a chord which bears N 14'37'41" E, 26.82 feet; THENCE, with said tangent curve to the left, an arc distance of 27.14 feet to a 1/2" iron rod with plastic cop stamped "TX REG NO 100189-00" set for corner; THENCE N 00'37'06" W, 80.75 feet to a 1/2" iron rod with plastic cop stamped "TX REG NO 100189-00" set for corner, said corner being the beginning of a tangent curve to the right having a central angle of 01'16'47", a radius of 850.00 feet, a tangent length at 9.49 feet and a chord which bears N 00'01'17" E, 18.98 feet; THENCE, with said tangent curve to the right, an arc distance of 18.99 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189-00" set for corner in the north line of the aforementioned City of Southlake called 1.0 acre tract and the south line of the aforementioned McCoy tract, from whence a 1/2" iron rod found in the south line of said McCoy tract for the northwest corner of said City of Southlake called 1.0 ocre tract and a re—entrant corner of the aforementioned Fechtel Revocable Trust tract bears S 89'06'53" W (deed —EAST), 104.97 feet; NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 2 OF 5 TBPE FIRM REG, NO. F-356 TBPLS FIRM REG. NO. 100189-00 REVISED: RY 7, 2013 Two Park Lane Place / 8080 Park Lane / Suite 600 OCTOBEOBER 18, 2012 Dallas, Texas 75231 / Ph. (214) 739-4741 OS-10-076.8 8076—P33.dwg EXHIBIT "A" RIGHT -OF -WA Y DEDICA TION a5390 ACRES123, 481 SO. FT. PARCEL A POR77ON 0 CITY OF SOUTHLAKE TRACT THOMAS M. HOOD SURVEY, ABSTRACT NO. 7O6 CITY OF SOU7HLAKE, TARRANT COUNTY, TEXAS THENCE N 89'06'53" E (deed —EAST), with the said City of Southloke tract and the south McCoy tract, 44.93 feet to the POINT OF containing 0.5390 acres or 23,481 square feet or less. FOR NATHAN D. M IER CONSULTING ENGINEERS, INC elkan, R.P.L.S. No. 4268 egistered Professional Land Surveyor NOTES: north line of line of said BEGINNING and of land, more Bearings for this survey are based on the Western Data Systems Texas Cooperative Network and are referenced to NAD83 State Plane Coordinate System, Texas North Central Zone 4202. Stations DMLN—g and DML2—g0811 were utilized as base stations during GPS data collection sessions. This survey was performed without the benefit of a title commitment and may be subject to liens, encumbrances, easements, rights —of —way, restrictions, covenants, reservations or other conditions of record which the undersigned has not been advised of or is aware of. No additional research for easements was performed by Nathan D. Maier Consulting Engineers, Inc. in the preparation of this survey. NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 3 OF 5 TBPE FIRM REG. NO. F-356 REVISED: JANUARY 7, 2013 TBPLS FIRM REG. NO. 100189-00 12 Two Park Lone Place / 8080 Park Lane / Suite 600 OCTOBER 18, 20. Dallas, Texas 75231 / Ph. (214) 739-4741 076B 8076—P76—P33.dwg EXHIBIT "A " RIGHT -OF -WA Y DEDICA TION a 5390 ACRES123, 481 SO. FT. PARCEL A PORTION 0 CITY OF SOUTHLAKE TRACT 7740MAS M. HOOD SURVEY, ABSTRACT NO. 706 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BARRY M. MCCOY AND TONYA B. MCCOY INST. NO. 0202000068 D. R. T. C. T. N 89006'53" ''. 44.93' (DEED -EAST) e t 1RF 5 89'05'53" W 104.97' SCALE. 1 "=60` 1 C1/3 MARGUERITE ELIZABETH FECHTEL REVOCABLE TRUST INST. NO. D206039011 D. R. T. C. T. REMAINDER OF CALLED 7.61 ACRES SEE PAGE 5 OF 5 FOR LINE AND CURVE TABLES R.O.W. DEDICATION TO THE CITY OF SOUTHLAKE INST. NO. D199171506, D.R. T.C. T. CALLED 0.07 ACRES REFILED AS GENERAL WARRANTY DEED ® INST. NO. D199193136, D.R. T. C. T, �11 ��I�J►����� D.R.I..C.7. DEED RECORDS OF TARRANT COUNTY, TEXAS 0. P. R. T C. T. OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS P.R. T C. T. PLAT RECORDS OF TARRANT COUNTY, TEXAS CAB., SLIDE CABINET, SLIDE INST. NO. INSTRUMENT NUMBER VOL.. PG. VOLUME, PAGE G.L. CENTERLINE ESMT. EASEMENT R.O.W RIGHT-OF-WAY SQ FT. SQUARE FEET IRF IRON ROD FOUND IPF IRON PIPE FOUND IRS W/CAP IRON ROD SET WITH PLASTIC CAP STAMPED "TX REG NO 100189-00" 112" W. J CITY OF SOUTHLAKE 0 11) n o INST. NO. D199076920 0 D.R. T C. T CALLED 1.0 ACRE 0 Z rye' (0 481 S 89'70'27" W 148.60' (DEED -WEST 150.2) HIGHLAND STREET (VARIABLE WIDTH R.O.W.) JAMES CLIFFORD WOOD, JR. INST. NO. 0197212230 D.R. T.C. T. (LAST WILL AND TESTAMENT OF JAMES CLIFFORD WOOD) NATHAN D. MAIER CONSULTING ENGINEERS, TBPE FIRM REG. NO. F-356 TBPLS FIRM REG. NO, 100189-00 PIV Two Park Lane Place / 8080 Park Lane / Suite Dallas, Texas 75231 / Ph. (214) 739-4741 2 '1 ►POINT OF ii a BEGINNING 4a o N M W0. QU J� WQ CL as Q 0 Z� o V� W� via • 3 �4 ti4� 0 • 4 \4 • 3y �� �4 hIn rf U 0 40 4� Q En . 5 Q5 To ov64�dQ a � •m a 5 awda �v,zo INC. PAGE 4 OF 5 REVISED: JANUARY 7, 2013 600 OCTOBER 18, 2012 08-10-076.B 8076—P33.dwg EXHIBIT "A RIGHT -OF- WAY DEDICA TION a 5390 ACRES123, 481 SO. FT. PARCEL A PORTION 0 CITY OF SOUTHLAKE TRACT THONAS M. HOOD SURVEY, ABSTRACT NO. 706 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS RIGHT--OF—WAY DEDICATION LINE TABLE NO. BEARING DISTANCE1 DEED BEARING L 1 N 00 58'49" W 49.98' 1 N 00'10' E RIGHT—OF—WAY DEDICATION CURVE TABLE CVI 6=35*0251 " CV2 6=3029 34" CV3 6=01 *16'47" R=136, 00' R= 51. 00' R= 850, 00' T= 42.94' T=13.90' T= 9.49' L=83.19' L=27,14' L=18.99' CB=N 472354" E CB=N 14 37'41 " E CB=N 00 01 '17" E CL=81.90' I I CL=26.82' CL=18.98' NATHAN D. MAIER CONSULTING ENGINEERS, TBPE FIRM REG. NO. F-356 TBPLS FIRM REG. NO. 100189-00 Two Park Lane Place / 8080 Park Lane / Suite Dallas, Texas 75231 / Ph. (214) 739-4741 INC. PAGE 5 OF 5 REVISED: JANUARY 7, 2013 600 OCTOBER 18, 2012 08-10-076.8 8076—P33.dwg EXHIBIT "A" County: Tarrant Page 1 of 4 Street: North White Chapel Boulevard Date: August 21, 2012 HZ Job No. 01-3991-01 Description for Parcel 14E BEING, 12,116 square feet of land, more or less, in the L.B.G. Hall Survey, Abstract No. 686, City of Southlake, Tarrant County, Texas, and being a portion of a tract of land conveyed by deed to the City of Southlake as recorded in Volume 4928, Page 733 and Volume 6931, Page 94 of the Deed Records, Tarrant County, Texas (D.R.T.C.T.), said 11,867 square feet of land being more particularly described as follows: BEGINNING at a 5/8 inch iron rod set with plastic cap stamped "Huitt-Zollars" at the northeast corner of said City of Southlake tract (Vol. 4928, Pg. 733) having NAD 83 (HARN 1993) Texas State Plane, North Central Zone (4202) surface coordinates of North 7030846.10, and East 2382636.98, said point being on the westerly right-of-way line of North White Chapel Boulevard (a variable width right-of-way); 1) THENCE, South 00 degrees 50 minutes 33 seconds East, along the existing westerly right-of-way line of North White Chapel Boulevard a distance of 335.60 feet to an angle point in the existing westerly right-of-way line of North White Chapel Boulevard; 2) THENCE, South 00 degrees 27 minutes 33 seconds East, along the existing westerly right-of-way line of said North White Chapel Boulevard, a distance of 250.20 feet to an X cut set at the southeast corner of the aforementioned City of Southlake tract (Vol. 6931, Pg. 94); 3) THENCE, South 89 degrees 06 minutes 25 seconds West along the southerly line of said City of Southlake tract (Vol. 6931, Pg. 94), a distance of 17.65 feet, to a 5/8 inch iron rod set with plastic cap stamped "Huitt-Zollars"; 4) THENCE, North 00 degrees 49 minutes 31 seconds West, departing the southerly line of said City of Southlake tract (Vol. 6931, Pg. 94), a distance of 150.05 feet to a point for corner (not set); 5) THENCE North 01 degrees 18 minutes 51 seconds West a distance of 283.68 feet to a point for corner (not set); 6) THENCE, South 88 degrees 41 minutes 09 seconds West a distance of 5.00 feet to a point for corner (not set); 7) THENCE North 01 degrees 18 minutes 51 seconds West a distance of 49.92 feet to a point for corner (not set); EXHIBIT "A" County: Tarrant Page 2 of 4 Street: North White Chapel Boulevard Date: August 21, 2012 HZ Job No. 01-3991-01 Description for Parcel 14E 8) THENCE, North 88 degrees 41 minutes 09 seconds East a distance of 5.00 feet to a point for corner (not set); 9) THENCE North 01 degrees 18 minutes 51 seconds West a distance of 101.98 feet to a 5/8 inch iron rod set with plastic cap stamped "Huitt-Zollars" on the northerly line of the aforementioned City of Southlake tract (Vol. 4928, Pg. 733); 10) THENCE North 88 degrees 43 minutes 25 seconds East, along the northerly line of said City of Southlake tract (Vol. 4928, Pg. 733), a distance of 22.87 feet to the POINT OF BEGINNING and containing 12,116 square feet of land, more or less. BASIS OF BEARING: Survey control for White Chapel Boulevard is based on City of Southlake control monuments #22, #26 & #30. Project coordinate values are State Plane NAD 1983(HARN 1993), North Central Texas Zone 4202, adjusted to surface using a factor of 1.000155478. To convert project coordinates back to grid (true state plane) multiply by 0.999844546. For: Huitt-Zollars, Inc. L-- Eric J�.'ahoddiy Registered Professional Land Surveyor Texas Registration No. 4862 Huitt-Zollars, Inc. 1717 McKinney Avenue Suite 1400 Dallas, Texas 75202-1236 Ph. (214) 871-3311 Date: August 21, 2012 a ` r • ■.. ERIC 3CViN a..:•.• YAH013 3Y �RfC �.. 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