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HomeMy WebLinkAbout2001-133S\Oue N=eW4 inwL OAMV 260Nlne Bonnie Bm% Nodh LaW Pw d ORDINANCE NO AW I "/3M AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE NORTH LAKES PARK ALONG BONNIE BRAE STREET 1000 FEET SOUTH OF WEST WINDSOR DRIVE 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 Church of the Immaculate Conception desires to improve public transportation to the City of Denton by constructing a left turn lane for approximately 400 linear feet on Bonnie Brae Street along North Lakes Park by widening a public street, and WHEREAS, the Church of the Immaculate Conception desires to construct the public street turn lane along 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 18, 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 street project, and WHEREAS, the City Council on March 27, 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 North Lakes Park resulting from the public street widening, 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 3FCTION 1 The public street widening proposed by the Church of the Immaculate Conception (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 S\Our DauummleWr6lnancea\BI\CAap 26 Or61nmu,"oruac Bran Nohli LAU Part Mc 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 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 SSECTION 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 A / M day of X&41� 2000 ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By &dwj-- Ac�-- EULINE BROCK, MAYOR Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY EASEMENT BEING 0 610 acres of land located in the R BEAUMONT SURVEY, Abstract No 31, 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 584, Page 167 of the Deed Records of Denton County, Texas Said 0 610 acres being more particularly described by metes and bounds, as follows BEGINNING at a point in the centerline of Bonnie Brae Street North, being the Northwest corner of said City of Denton Tract, and lying in the West line of said R BEAUMONT SURVEY, THENCE S 880 03' 02" E 45 00 feet, along the North line of said City of Denton Tract, to a point, THENCE S O10 56' 58" W 590 74 feet, along a line 45 0 feet, East of and parallel to the West line of said City of Denton Tract, to a point in the South line of said City of Denton Tract, THENCE N 880 03' 02" W 45 00 feet, along the South line of said City of Denton Tract, to a point at the Southwest corner thereof, said point lying in the centerline of said Bonnie Brae Street North, THENCE N O10 56' 58" E 590 74 feet, along the West line of said City of Denton Tract, and the centerline of said Bonnie Brae Street North, also being the West line of said R BEAUMONT SURVEY, to THE PLACE OF BEGINNING, containing 0 610 acres (26,583 square feet) of land, +;c11: : PJGST-OF-WAY EhSEMIM I I S \ I � 1 I I nMUARY 16. 2001 SCALE" - IW �Darna s(�uiram uN�wew• 1.1.1...11- mw «I. Va. OK PLO. m@ D"M zl POINT OF BEGINNING 45.009 - - hJ �• i�i fY1 . o I CITY OF DENTON VOL. 554, PG. 167 h �T I INto n D.R.D.C.T. lid ,on - 0 e- 00 _ Vf I� I� OF UMM