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HomeMy WebLinkAbout2004-297ORDINANCE NO. OD ' 97 AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE SUBSURFACE USE OF A PORTION OF THE SOUTH LAKES PARK APPROXIMATELY 5,049 FEET FOR THE PURPOSE OF A FIBER OPTICS COMMUNICATIONS CABLE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF LICENSE; 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 the harm to the park resulting from such use; and WHEREAS, the City of Denton desires to cooperate with the Denton Independent School District in the development of Fiber Optics Communication Cable by providing a license for the construction of a fiber optics cable 5,049 linear feet across South Lakes Park; and WHEREAS, Denton Independent School District desires to construct fiber optics cable line across South Lakes Park since alternative options would not be feasible and prudent; and WHEREAS, the City provided notice in the Denton Record Chronicle on August 30, September 6, and September 13, 2004 of a Public Hearing to be held on September 21, 2004 in the Council Chambers to consider the alternatives to the use of City Park and Recreational land for the subject fiber optics cable project; and WHEREAS, the City Council on September 21, 2004, received testimony from City staff and citizens regarding alternatives to the use of the South Lakes Park for this fiber optics cable line which includes, but is not limited to, the following: a. Select another route through the city that would not cross South Lakes Park at this location. Consider re-routing using Teasley Lane. Due to the fact DISD is not a utility company, they cannot use TXDOT right of way for communication lines b. Construct the proposed fiber optics line in the existing utility easements established along Teasley Lane in the Park. This option may not be prudent as an agreement with the City of Denton prohibits use of existing public utility easements other than city street right of ways. C. Allow the construction of the new proposed fiber optics cable onto a 0.101-acre strip of park property along the western property line with Acme brick and the mid section of the park to Hobson Road. WHEREAS, the City Council finds that the fact situation discussed above does not fall within the purview of Section 253.001 of the Texas Local Government Code; and C\DOCUM—I\emsnydedLOCALS-1\Temp\SOU M-2.➢OC WHEREAS, the City Council finds that there is no feasible and prudent alternative to the use of the Park land and that the fiber optics line project when constructed in accordance with the provisions of the license as described below will minimize the harm to the park land resulting from the proposed subsurface use of such park land effected shall remain useable for the park patrons once the construction of the fiber optics cable line improvements are completed; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the fiber optics cable line proposed by the Denton Independent School District, be constructed and maintained below 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 fiber optics cable line 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 fiber optics cable line project. SECTION 2. That a license which is revocable as required by law be composed by the City Manager or his designee and approved by the City Attorney allowing the subsurface use of the park property 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 the City for the reasonable market value of the use herein granted and generally protect the health, safety and general welfare of the City. SECTION 3. That during construction of the improvements above, Denton Independent School District may have temporary use of such additional park land necessary to stage the construction of the improvements as may be approved by the Director of Parks and Recreation Department and at the completion of the construction activities for the above improvements such additional park land shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION 4. That the rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 5. That the License above grantee shall, to the extent allowed by law, constitute a covenant running with the land and be filed in the Deed Records of Denton County, Texas. SECTION 6. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the di 5 day of 2004. C\OOCUME-1\emsnyEct\LOCAL-1\TempVOUTHL-2.000Page 2 of 3 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: �. &4' &'�- EULINE BROCK, MAYOR C\nowW-ikmnydu\LOCAM-ivcmpNSOUTxL-2,DOCPage 3 of 3 Exhibit A T McMATH MIDDLE SCHOOL N 89'S5' E 1' S 89'66'60" H' BE I +I ACME BRICK COMPANY I o V. 3127, P. 930 M II N 3liW 0 Lo CITY OF DENTON po ��kl. p V. 3257, P. 971 N 89'54' E � II v1 "SOUTHLAKE PARK" 135't � � J 1078'1�� r-S_89.54' W 135't _3_1' FIBER OPTIC ESMT. II �II�5' TEMP. CONSTRUCTION ESMT. II I II I III I II W I CITY OF DENTON o o V. 3257, P. 971 o p "SOUTHLAKE PARK" p II o Z II to I I rr- ---------- V FIBER OPTIC ESMT. �I r--5' TEMP. CONST. ESMT. II II TYPICAL ESMT DETAIL II SCALE: 1 "=40' I II I II 1( HOBSON LANE w S 89'3$' W 1' y z z 0 1-FOOT FIBER OPTIC ESMT. 0.101 OF AN ACRE OF LAND IN THE C. POULLIALIER SY. A-1007 * THIS EXHIBIT WAS CITY OF DENTON PREPARED FROM RECORD DENTON COUNTY, TEXAS INFORMATION ONLY AND REQUIRES FIELD VERIFICATION DRAWN: MGO JOB#: 1041 PRIOR TO ANY OFFICIAL CHECKED: WMC DATE: 09-04-04 RECORDING REVISED: SCALE: 1"=200' Coleman & Associates Land Surveying P. O. BOX 686 - DENTON, TEXAS 76202 PH(940)565-8215,FAX (940)565-9800, W W W. C O L E M A N S U R V E Y I N G. C OM © 2004 COLEMAN & ASSOC. SURVEYING C 1-Foot Fiber OppEasement All that ceffain tract of land situated in the C. Poullalier Survey Abstract Number 1007 in f �a/oCity and County of<<,Dento�r Texas and being a part of the tract of land c{, ribbed in the deed to the%City, of Denton recorded in Volume 3257, Page 971 of\t ' Real Property Redo ds�oDenton County, Texas; the subject easement baIfig ,�re particularly desc`ribbid.-_as follows: �E lgNING at the Northwest corner of the tract being described herein at the Southwest corner offVlot 1, Block A, D.I.S.D. Third Middle School Addition recorded Cabinet N, Page �1�64--of the Plat Records of Denton County, Texas; THENCE North 899De�gr es 55 Minutes East with the South line of said Lot 1, Block 11 A a distanceof\1, foot, more or less; THENCE Southerly across the said City of Denton tract, 1-foot East of and parallel with the West line thereof, the following 3 calls: 11 THENCE South 00 Degrees 01 Minutes East across thl,'said City of Denton tract, ' I• foot'East of and parallel with the West line thereof, b distance of 2508 fe`ei;;�` �o e or less; HENCE South 89 Degrees 54 Minutes West across the� said City of Deng tract, foot South of and parallel with a North li.`r`�theredf, a distance of '135�fget, more or less; THENCE South 00 Degrees 00 Minutes East across the said City (ofl'enton tract a distance of 1739 feet, more or less to the South line of the -City of Denton tract; THENCE South 89 Degrees 35 Mi utes �t with the South line of the City of Denton tract a distance of 1-foot�rom which the Sout6est corner thereof bears South 89 Degrees 35 Minutes West a distance of 1`C feet,/more or less; THENCE Northerly with the Nest line of the City of Denton tract the following 3 calls: �� s THENCE North 00 Deg Bees 00 Minutes West4cross the said City of Denton tract, 1078 feet East of and parallel with the West\�llh-e- thereof, a distance of 1740 feet, more or less, to a North line of the Gify�of Denton tract; THENCE North 89 Degrees 54 Minute East wlith a North line of the City of Denton Tract a distance of 135 feet, more\or less, to a reentrant corner thereof; J THENCE North 00 Degrees 01, Minutes West a distance of 3174 feet, more or less, to the PLACE OF BEGINNINGfiand enclosing 0.101 of an acre of land; �� O