HomeMy WebLinkAbout2001-132yS \Oar Oo[wnm¢\OMnen[ea\al\CM1ap ]60rtlwance NOM Later Perk InunxulaN Concepllon Clw[cM1 Drainage Eueanenl] 6 0l m[
ORDINANCE NO BOO/ --I&A
AN ORDINANCE GRANTING APPROVAL OF A SUB -SURFACE USE OF A PORTION OF
NORTH LAKES PARK FOR THE PURPOSE OF A DRAINAGE EASEMENT IN
ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE,
PROVIDING FOR A DRAINAGE 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 provide for a required drainage easement of
approximately 175 linear feet across the park for proper stormwater drainage, and
WHEREAS, Church of the Immaculate Conception desires to construct a stormwater
drainage pipe across North Lakes Park since alternative options would not be feasible and
prudent, and
WHEREAS, the City provided notice in the Denton Record Chronicle on March 4,
March 11, and March 14, 2001 of a Public Hearing to be held on March 27, 2001 in the Council
Chambers to consider the alternatives to the use of City Park for the subject stormwater drainage
easement, and
WHEREAS, the City Council on February 6, 2001 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 North Lakes
Park resulting from the drainage easement, 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 stormwater drainage 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 Drainage Easement and stormwater pipeline proposed by the Chruch
of the Immaculate Conception (the "Project") shall 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 stormwater
drainage pipe shall 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
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SECTION 2 A drainage easement shall be signed 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 A74 PASSED AND APPROVED this the � day of 7AaL m 2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PRO TY, CITY TT
By
G-klmck--
EULINE BROCK MAYOR
Page 2 of 2
01/13/2001 09 26 926-9347 KERRI PAGE 02
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LEGAL DESCRIPTION
PERMANENT DRAINAGE EASEMENT
BEING 0 168 acres of land located in the R BEAUMONT SURVEY, Abstract No
31, Denton, Denton County, Texas and being a portion of the Tract of land
conveyed to the City of Denton, Texas by the deed recorded in Volume 664,
Page 652 of the Deed Records of Denton County, Texas Said 0 168 acres
being more particularly described by metes and bounds, as follows
BEGINNING at a point in the West boundary line of the aforesaid R
BEAUMONT SURVEY, being the center line of Bonnie Brae Street N and
being located N 010 56' 58" E 138 80 feet, from the Southwest
corner of the aforesaid City of Denton Tract,
THENCE N O10 56' 58" E 45 50 feet, along the West boundary line of
saki BEAUMONT SURVEY, the center line of said Bonnie Brae Street
N , and the West boundary line of said City of Denton Tract, to a
point,
THENCE N 630 28' 56" E 159 61 feet, to a point,
THENCE S 570 43' 26" E 46 77 feet, to a point,
THENCE S 630 28' 56" W 205 53 feet, to THE PLACE OF BEGINNING,
containing 0 168 acres (7,303 square feet) of land
01/19/2001 09 25 926-9347 KERRI PAGE 03
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