The URL can be used to link to this page

Home My WebLink About24-2015ORDINANCE NO. 24-2015 AN ORDINANCE OF THE CITY OF DENTON MAKING A FINDING, PURSUANT TO THE REQUIREMENTS OF CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, THAT (1) THERE ARE NO FEASIBLE AND PRUDENT ALTERNATIVES TO THE CHANGE IN USE OF APPROXIMATLEY 1.054 ACRES OF CITY PARK LAND FOR A SANITARY SEWER EASEMENT, LOCATED WITHIN A PORTION OF SAGEBROOK PARK IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, FOR THE PURPOSE OF INSTALL[NG AND MAINTAINING AN UNDERGROUND SANITARY SEWER LINE FOR THE DENTEX DEVELOPMENT AND 2) FINDING THAT ALL REASONABLE PLANNING HAS BEEN DONE TO MINIMIZE HARM TO THE LAND AS A PARK AND PROVIDING AN EFFECTIVE DATE WHEREAS, Chapter 26 of the Texas Parks of Wildlife Code provides that a municipality may not approve of any program or project that requires the use or taking of any public land designated and used as a park unless the municipality determines and finds that, after notice and hearing, 1) there is no feasible and prudent alternative to the use or taking of such land for the proposed project and 2) the program or project includes all reasonable planning to minimize harm to the park resulting from such use or taking; and WHEREAS, the City of Denton (“City”) is the owner of approximately 15.208 acres of unimproved park land, granted to the City by recorded instrument 2021-11989 in the Real Property Records, Denton County, Texas, situated along the future right-of-way of Brush Creek Road, the description of which is set forth on Exhibit “A“ attached hereto (the “City Park Land”); and WHEREAS, City Park Land is protected land under Chapter 26 of the Texas Parks and Wildlife Code and wi}i operate as Sagebrook Park serving as natural open space with trail and other related park amenities; and WHEREAS, Dentex Land, Cattle, and Energy LP (“Developer”) has requested an easement to use approximately 2,410 linear feet along the South boundary of the unimproved future Sagebrook Park (“Park’'), due east to the Brush Creek Road right-of-way for the installation and maintenance of a gravity flow, 15-inch diameter sanitary sewer main (“Sanitary Sewer Easement”) to serve the future residents of the Dentex Development and the general public (“Project”) attached as “Exhibit “B””; and WHEREAS, Sanitary Sewer Easement will be constructed by Developer and dedicated to the City to be maintained in perpetuity by the City of Denton Water Utilities Department; and WHEREAS, Developer, in consultation with Kimley Horn Engineering, reviewed potential sites and options for the Project, including review and exploration of 1) a gravity flow main line through the southernmost boundary of Sagebrook Park, 2) a gravity flow main line through the northern most boundary ofSagebrook and 3) a force main lift station to Allred Road and through future right of way of Brush Creek Road; and WHEREAS, Developer was not able to obtain easements nor access from adjacent landowners to the north and south sides of the City Park Land; and WHEREAS, Developer was informed by the City of Denton Water Utilities Department that a force main with lift station is not feasible and not desired due to long-term maintenance required of that type of facility; and WHEREAS, based on Developer’s and City’s review there are no feasible and prudent alternatives available for the location and construction of the Project; and WHEREAS, The City of Denton Water Utilities Department has reviewed the request of the Developer and has recommended that the route for the Sanitary Sewer Easement proceed along the southern boundary of the City Park Land in order to provide the most direct route. This alignment utilizes the least number of manholes and bends which aids in the long-term maintenance and operation of this segment of the collection system; and WHEREAS, Developer is committed to minimizing harm to the land by placing the Project outside of areas currently occupied by existing trees; and WHEREAS, Deveioper will return any disturbed areas of the City Park Land back to its original condition prior to the Project or better; and WHEREAS, Developer will provide park improvements consisting of the construction of the trail connection between the Dentex Development and the Sagebrook subdivision to the north which supports initiatives set forth in the Parks, Recreation and Trails System Master Plan; and WHEREAS, the City provided notice in the Denton Record-Chronicle on October 22, 2024, October 29, 2024, November 5, 2024, of a Public Hearing to be held on November 19, 2024, in the Council Chambers to consider a sanitary sewer easement for the installation and maintenance of a sanitary sewer line in City Park Land; and WHEREAS, Developer held a public meeting with the surrounding neighborhoods on November 14, 2024 at 6:00 P.M. to communicate the scope and impact of the Project; and WHEREAS, the City Council on November 19, 2024 received testimony at a public hearing on the issues of feasible and prudent alternatives to the change in use of City Park Land for the Project and that the Project includes all reasonable planning to minimize harm to the Park resulting from the installation and maintenance of a sanitary sewer line; and WHEREAS, the City Council finds that the Project does not fall within the purview of Section 253.001 of the Texas Local Government Code; and WHEREAS, the City Council finds that there are no feasible and prudent alternatives to the non-park use or taking of the Park and that the installation and maintenance of a sanitary sewer line includes all reasonable planning to minimize harm to the Park as a result of the Project; NOW, THEREFORE, Page 2 of 5 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the findings set forth in the recitals of this Ordinance are found true and correct and are hereby adopted as the findings of the City Council. SECTION 2. In accordance with Chapter 26, Texas Parks and Wildlife Code, the City Council finds that: (i) the Project requires the use or taking of the 1.054 acres of the City Park Land for a sanitary sewer easement, more particularly described in Exhibit B; (ii) there is no feasible and prudent alternative to the change in use of approximately 1.054 acres of City Park Land located within the City Park Land from a public park use to sanitary sewer use; (iii) and that the sanitary sewer easement includes all reasonable planning to minimize harm to the land, as a park, resulting from the Project use. SECTION 3 . The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. [signatures to appear on the following page .] Page 3 of 5 The motion to approve this ordinance was made by Jill Jester and seconded by Joe Holland; the ordinance was passed and approved by the following vote [7 - 0]: Mayor Gerard Hudspeth: Vicki Byrd. District 1 : Brian Beck, District 2: Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Jill Jester, At Large Place 6: Aye X X X X X X X Nay Abstain Absent PASSED AND APPROVED this the 19th day of November, 2024. GERARD HUDSPETH, MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY #„„,JM APPROVED AS TO LEGAL FORM: MACK RE[NWAND, CITY ATTORNEY ,{'. aC@Myth '/& SaW'Ze Nd Page 4 of 5 EXHIBIT A (City Park Land Depiction) Page 5 of 5 EXHIBIT B (1.054 Acre Sanitary Sewer Easement Survey) Kimley »>Horn Dentex Tract Exhibit 5 – Permanent Easement Legal Survey BEING a 20' wide tract of land situated in the B. B. B. & C. RR. Co. Survey, Abstract No. 159 and Abstract No. 160, City of Denton, Denton County, Texas, and being situated in Lot 1, Block X of Sagebrook Phase 1, an addition to the City of Denton, as recorded in Document No. 2021-429 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 6-inch metal fence corner post found for the southwest corner of said Lot 1, Block X, same being on the northerly line of a called 13.64-acre tract of land, described in a deed to Angela Dominguez and husband, Michael Barber, recorded in Instrument No. 2003-208519 of the Official Records of Denton County, Texas, same also being on the easterly line of a called 92.382-acre tract of land, described in a deed to Dentex Land, Cattle and Energy, LP, as recorded in Instrument No. 2005-49231 of the Official Records of Denton County, Texas; THENCE North 00'14'21" West, along the westerly line of said Lot 1, Block X and the easterly line of said 92,382-acre tract, a distance of 20.00 feet to a point for corner; THENCE North 88'46'23" East, departing the westerly line of said Lot 1, Block X and the easterly IIne of said 92.382-acre tract, crossing said Lot 1 and along a line that is 20 feet north of and parallel with the southerly line of said Lot 1 , a distance of 2,234.95 feet to a point for corner om the northerly line of said Lot 1 and the southerly right of way line of Brish Creek Road, a 120' wide right of way as dedicated in said Sagebrook Phase 1, and being the beginning of a non-tangent curve to the left with a radius of 860.00 feet, a central angle of 11'41'34", and a chord bearing and distance of South 84'40’19" East, 175.20 feet; THENCE in an easterly direction, along the northerly line of said Lot 1, Block X and the southerly right of way line of said Brush Creek Road, with said non-tangent curve to the left, an arc distance of 175.51 feet to the southeast corner of said Lot 1, same being on the northerly line of a called 93.95-acre tract of land, described in a deed to Angela Dominguez and husband, Michael Barber, recorded in Instrument No. 2004-11388 of the Official Records of Denton County, Texas; THENCE South 88'46'23" West, departing the southerly right of way line of saId Brush Creek Road, along the southerly line of said Lot 1, Black X and the northerly line of said 93.95-acre tract, passing at a distance of 1,582.59 feet, a 1/2-inch iron rod found for the northwest corner of said 93.95-acre tract and the northeast corner of aforesaid 13.64-acre tract, continuing along the northerly line of said 13.64-acre tract, a total distance of 2,409.35 feet to the POINT OF BEGINNING and containing 1.054 acres (45,920 square feet) of land, more or less 1.054 ACRES (45,920 SQ. FT.) B. B. B.& C. RR. CO. SURVEY, ABSTRACT NO. 159 & ABSTRACT NO. 160 CITY OF DENTON, DENTON COUNTY, TEXAS11/14/2‘ MICHAEL B. MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKVW.. SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 mley-horn.com Qi5181 s cm N/A 1 MBM I KHA Te1. No. (972) 335-3580 10193822 Fax No. (972) 3353779M Nov. 2024 p BB 069264946 1 1 OF4 V INII HOlvm C/) $LUb-i?iii 8+ g gba ggLLC < d dg add aZ LU(9 LU ajl bIdva8l: F: IO z 8 g< ai i isg LU (9: dgln'hh LLIo C/) rD %% O{}# Eh !i g :g C/)< >< LLI1- >-1-Z30 C) 20t-Z LUn 82 § : hEgo ga (\1 C/)LLI C/) C/) 10qra) Pa SI 8 6/b-Z LUEa ncb-InZ FLUb <(nc <aLLI 9/ ga20 IZLUa LU}- a/XLUF-Z LU0 UCr)(0 al IMS LU > acDcr) a( SI E < a) bq U QIq LU <IO S X nc <2 an an GOD r 6b0a)a) diEdg:LEo 8 1 tg ' 229 MII LZl+Lo0 N a--1 19 nc LU ijb C/>cB8gb Eli g ga)(\1 gB BRxrr g A i g : 3 g 0 (=>Z gE IBnl ; Eg)z X LUF-Z UJa C/)LUb0Z I!! ig @ 8 ]NII HOlvm C/)ILU 1- 8>- 6 g 28OZLO < dd % Bod C/Jc BESEl) hiS Jc-e 88 IB& El Eg)2 Ii B g aZ LU CD LLI C/) LUb0Z 1) I(;iT[{ 1(ii5 + V&an‘ !D) I iI ! 1 C/) LU QC =e'+ZPLOon i !!!on(van LLILU g&D F_ C/)C)< nc 1- Lai ggocr)C\1.al(-)no'+-=' n(cnn( hydDog<on ;goDean o6V LOr 0Z F-O< ncF- C/) an< C/)a LLI 1- >t-Z30 C) 0 COF 0Z 1- C) <( nc 1- C/)on< 00 8 10 8a\i0(\I 02 r Z0 1-Z LUa LL0 ga (\itn LU C/) C/) 10 B) rD b: 8 IC/>h-ZLUS-) acb-IC/)Z LUF- < ncif LLI 9/ ga20 b LUa 1- C) a a( 0 I I /an an1' C/)Z >- F- C) Z0 1-Z LUa <(0 F== g gocad dE g g ;Ie g idgZZ b8ZO–cr)-J< t- O fI ac0 a) CO COK) a\1d)(\I0a\I 0Z t: C/)Z / / C/) LU acC) < 000 O\I LO a LU--1-J <C) Z0bZ LUa LL0 >1- C) LU rOC 8£BJCT) $ a) a\IV (\I0 a\1 0Z C)0a/ h- C)a aca r / / LUt- cr)XLUb-Z LUad)0 Ed cRI EdI LU > 0( t2 < ;$Q a a <IO S Xac <E -)In a( g C)Z / 7 0 , N 6L990Z-£OOZ 'ON 'lSNI I'o'a'u'o 'aNv8srIH aNV 23n9Nlmoa V-1]9NV U]8UV8 ]]vH91m SINOV t9'€1 ali IVO / V aNI I HOlvm qr ba C/) <X LU1- i.Jfr) e) ! ix-CD II II<ac ?!%?2?I 8; g g E8 Lg < dd gao d CDc28gb gS blgIa)CN I 88 b {g)z y.b) iii: th/ C/)LU F-0Z Ii !! B Eh gEau) (\1a)OU>OV.hi#Ircnn( IIdDog<on ed fgF g [) C/)I g E : LUa lg(\itri LLI C/) C/) COgq tqa) 86/F-Z LUSDac1- C/)Z LU F- <a(i LUV g20F-ZLUa an an iSDnono ;>g iS 8:00)r LU F- C/)XLUbZLLI ISd)Q y PJ109 >LU >a(D C/) ncLL <? E < 83b alQ q LU <I C) S ><0( <E 8 3Nll HOlvm