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Home My WebLink About2004-153S1 ff�unlmtAANmmcaW =IidPukanp 36.WC ORDINANCE NO. _-�Q% - 3 AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE BRIERCLIFF PARK FOR THE PURPOSE OF A PUBLIC STREET IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A STREET DEDICATION EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non -park purpose if the City Council finds after notice and hearing that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize harm to the park resulting from such use; and WHEREAS, the City of Denton desires to improve public transportation to the City of Denton by constructing a roadway 100 linear feet across the Briercliff Park for a public street; and WHEREAS, the City of Denton desires to construct the public street across the Briercliff Park since alternative options would not be feasible and prudent; and WHEREAS, the City provided notice in the Denton Record Chronicle on April 26, May 3, and May 10, 2004 of a Public Hearing to be held on May 18, 2004 in the Council Chambers to consider the alternatives to the use of City Park for the subject street project; and WHEREAS, the City Council on May 18, 2004, received testimony at a public hearing on the issues of no feasible and prudent alternative to the use of the property for the proposed project and that the project includes all reasonable planning to minimize harm to the Briercliff Park resulting from the public street; 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 is no feasible and prudent alternative to the use of the park land and that the subject public street project includes all reasonable planning to minimize harm to the park as a result of the project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The public street for Unicorn Lake Boulevard proposed by the City of Denton (the "Project") shall be constructed and maintained above the surface of the park property described in Exhibit A, which is attached hereto and made a part hereof for all purposes, and that the surface of the park after installation of the public street be constructed in a manner so that the park land may still be used by its patrons after completion of the Project in the same manner it was used prior to the Project. S`9 rUap. 26,WC SECTION 2. A public street dedication easement shall be composed by the City Manager or his designee and approved by the City Attorney allowing the use of the park property for the Project as referenced above with appropriate provision to insure the improvements are constructed in accordance with City Subdivision Rules and Regulations; protects the patrons using the park from injury and damage both during and after construction of the Project; compensates for the reasonable market value of the use herein granted and generally protect the health, safety and general welfare of the City. SECTION 3. During construction of the Project, temporary use of such additional park land necessary to stage the construction of the improvements may be approved by the Director of Parks and Recreation Department. However, at the completion of the construction activities for the Project such additional park land shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION 4. The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 5. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 6. This ordinance shall become effective immediately upon its passage and approval.��.//,, PASSED AND APPROVED this the f/ Ci Lday of , 2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY EULINE BROCK, MAYOR Page 2 of 2 EXHIBIT `°A" 0.546 ACRES RIGHT-OF-WAY DEDICATION BEING A 0.546 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 950, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A PART OF A TRACT OF LAND DESCRIBED AS TRACT 1 IN DEED TO CITY OF DENTON, RECORDED IN VOLUME . PAGE , REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS. SAID 0.546 ACRE TRACT WITH REFERENCE BEARING BEING THE SOUTH LINE OF SECTION ONE, BRIER CLIFF ESTATES ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS AS RECORDED IN CABINET 6, PAGE 45, PLAT RECORDS, DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A WOOD POST FOUND FOR THE NORTHWEST CORNER OF SAID TRACT 1 AND THE SOUTHWEST CORNER OF SAID SECTION ONE, BRIER CLIFF ESTATES ADDITION; THENCE, SOUTH 02 DEGREES 42 MINUTES 12 SECONDS WEST, ALONG THE WEST LINE OF SAID TRACT 1, A DISTANCE OF 19.60 FEET TO THE POINT OF BEGINNING AND BEING THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 16 DEGREES 10 MINUTES 07 SECONDS, A RADIUS OF 376.50 FEET AND A LONG CHORD THAT BEARS SOUTH 54 DEGREES 35 MINUTES 15 SECONDS EAST A DISTANCE OF 105.89 FEET; THENCE, OVER AND ACROSS SAID TRACT 1, THE FOLLOWING COURSES AND DISTANCES: ALONG SAID NON -TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 106.25 FEET TO A POINT FOR CORNER; SOUTH 62 DEGREES 40 MINUTES 18 SECONDS EAST, A DISTANCE OF 376.77 FEET TO A POINT FOR CORNER AND BEING THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF I 1 DEGREES 13 MINUTES 15 SECONDS, A RADIUS OF 776.50 FEET AND A LONG CHORD THAT BEARS SOUTH 68 DEGREES 16 MINUTES 56 SECONDS EAST A DISTANCE OF 151.83 FEET; ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 152.07 FEET TO A POINT FOR CORNER ON THE SOUTH LINE OF AFORESAID TRACT 1 AND THE COMMON NORTH LINE OF A TRACT OF LAND DESCRIBED AS TRACT 2 IN DEED TO CITY OF DENTON, RECORDED IN VOLUME PAGE , REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; 13SMUNICORN\02198501 \sdata\I985 EX05.doc 4/30/2004 Page I of 3 THENCE, ALONG SAID COMMON LINE, THE FOLLOWING COURSES AND DISTANCES: NORTH 73 DEGREES 53 MINUTES 33 SECONDS WEST, A DISTANCE OF 358.08 FEET TO A 5/8 " IRON ROD FOUND FOR CORNER AND BEING THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 27 DEGREES 41 MINUTES 53 SECONDS, A RADIUS OF 532.96 FEET AND A LONG CHORD THAT BEARS NORTH 60 DEGREES 02 MINUTES 36 SECONDS WEST A DISTANCE OF 255.14 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 257.65 FEET TO A 5/8 " IRON ROD FOUND FOR THE SOUTHWEST CORNER OF AFORESAID TRACT 1 AND THE NORTHWEST CORNER OF AFORESAID TRACT 2; THENCE, NORTH 02 DEGREES 42 MINUTES 12 SECONDS EAST, ALONG THE WEST LINE OF SAID TRACT 1, A DISTANCE OF 63.83 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.546 ACRES OF LAND, MORE OR LESS. I:\S LD\UNICORN\02198501 \sdata\ 1985EXOS.doc 4/302004 Page 2 of 3 SCALE: 1' = 100' O.B.K 7J 518" I.R.F. B L 0 LOT 14 LOT 13 101' 12 LOT 11 LOT 10 C.M.-FND. WOOD POST CA=16' 10'07" R=376.50' CB=S 54'35'15" E CL=105.89' L=106.25' 0.546 CA=27.41'53" R=532.96' CB=N 60'02'36" W CL=255.14' L=257.65' LINE BEARING DISTA L1 N 02-42.12" E 63. L2 S 02'42'12" W 19. N K 4 LOT 9 1 LOT 8 1 LOT 7 1 LOT 6 TRACT 1 9.618 ACRES CITY OF DEMWAV VOL AG. RP•RAC.T. CA=11'13'15" R=776.50' �s)\ CB=S 68016'56" £ CL=15i.83' L=152.07' 0¢ qE� t NCE I�YO 95 83' t 60' Gl P P g'Pf Lp- PI,9 Pf04 I�Pt�p % S T E,p�.t I v i MICHAEL J. BAITUP I Y lECEND '-yti •:,E S S `,;.•�O� ZJIF' I.R.F. I IRON ROO FOUND O SUR F POO POINT OF BEGINNING POC POINT OF COMMENCING REFERNCE BEARING BEING THE SOUTH LINE OF SECTION ONE, BRIER CUFF ESTATES ADDITION, AN ADDITION TO THE CITY OF DENT N, DENTON COUNTY, TEXAS AS RECORDED IN VOLUME 6, PAGE 45, PLAT RECORDS, DENTON COUNTY, TEXAS. DATE: 04/WIN EXHIBIT A SHEET 6DA�: I' = IW' RIGHT—OF—WAY CartemBurgess DEDICATION CARTER k BURGESS, INC. DRAWN W. M. BACCHESCHI 7950 ELMBROOK DRNE, SURE 250 Z OUT OF THE OAAAS. T% 752Q-IY61 3 OF 3 CHECKED 6 : M. BMUP MEP&PRR COMPANY SURVEY ABSTRACT NO. 950 (214) 638-OM IN THE CRY OF DENTON. DENTON COUNTY, TEXAS 1:\SLD\UNICORN\02189501\GRA\1985EX05.DWG j