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HomeMy WebLinkAbout2001-3463 Wur UocumuneWrdin MAlVlaYlGiw.(Son TMW. ApgovelOrc ORDINANCE NO SOD/- 04&_ AN ORDINANCE APPROVING A NOTICE OF RESTRICTION FOR A STREAM AND STREAM BUFFER AREA PRESERVE ASSOCIATED WITH THE CONSTRUCTION AND MANAGEMENT OF CROSS TIMBERS PARK, WHICH PRESERVE AREA IS A THREE ACRE TRACT OF LAND BEING A PORTION OF LOT 23, BLOCK E , RYAN RANCH, AN ADDITION TO THE CITY OF DENTON, TEXAS, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager, or his designee, is hereby authorized to execute a Notice of Restriction for a stream and stream buffer preserve associated with the construction and management of Cross Timbers Park, in substantially the form of the Notice of Restriction which is attached to and made a part of this ordinance for all purposes SECTION 2 The City Manager, or his designee, is authorized to record the Notice of Restriction in the Land Records of Denton County, Texas SECTION 3 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 19�4 day of UPDL eln2 df , 2001 EULINE BROCK, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY BY P OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY NOTICE OF RESTRICTION STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON } The City of Denton, Texas is the owner of that certain real property described and shown in Exhibits "A" and 'B" attached hereto and made a part hereof by reference (the "Property") Any purchaser of all or any part of the Property or any person having an interest in or proposing to acquire an interest in all or part of the Property, is hereby notified that development restrictions affecting the Property are as follows 1 The Property, or a portion of the Property, is hereby dedicated in perpetuity as a stream and stream buffer area preserve associated with the construction and management of the Cross Timbers Park The Property is dedicated for the purpose of providing compensatory mitigation for adverse impacts to waters of the United States, including wetlands The Property shall not be disturbed except by those United States Army Corps of Engineers ("USACE") approved activities that would not adversely affect the intended extent, condition, and function of the mitigation area Disturbance of the dedicated Property may require Department of the Army authorization 2 This restriction may not be removed or revised without obtaining a written modification of the aforementioned USACE authorization by the USACE Modifications may be granted only by the USACE This notice of restriction does not grant any property rights or exclusive privileges EXECUTED THIS L�day of lXk4ft6ff- 2001 CITY OF DENTON, TEXAS Page 1 S \Our Documents\ComrectsV\Army Corp Restncnon-Cross Timbers doe ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERTUTY, CITY ATTORNEY BY `?/t�— ACKNOWLEDGEMENT SUBSCRIBED AND SWORN TO BEFORE ME by Michael A Conduff, City M alter for the City of Denton, Texas, on behalf of such city, on this the day of I= 2001, to certify which witness my hand and seal of office �t1.11" JANE E RICHARDSON P t Name JTfNE C C101W.L-D9U�i/ Notary Public Stets of Texas My Commission Expires Notary Public, State of Texas June 27, 2005 11 Notary Commission Expires Page 2 S \Our Documents\Contracts\0l\Wrmy Corp Restriction Cross Timbers doc Hug tU Ui US:U4a Nathan D Maier C.E. 2147395961 p.2 M/T/GA RON AREA EXHIBI T "A pit 0 RYAN RANCH to PHASE / CAB 5 PG 121 y LOT 23 BLOCK £ PARK DEDICATION a � RYAN RANCH vo PHASE l CAB 5, PG 121 6 N189'32'09" E�y�b ° 250 00' 2 I \ r 0077'51 " W 3 0 ACS. S 0 *27'51 " 522.72' 5 Z.72' SCALE 1 =200 "L I AUGUST 20, 2001 30 ORNC ESMr �� I '32'09 s `l P S 89'32'09 W 26 59 2. 250. 00' I 26 �a 23 ysrA �1vnE RYAN RANCH \ F,y 9 © PHASE l �' V, A 3o CAB S PG 121 \ �����,a1 2" 2r 20 ORQ jyy�l LOT 23 BLOCK E y p� OAKS OF MONTECITO p 1"- PARK OEDlCAT10N PHASE I--�p5I' RYPHASE I p� Gv 9a' CAB K PG 376 N RANCH CAB S PG 121 a to rt l 6 HUENA WSTA 30 ORNa £SxR 6 5 7 HICKORY CREEK ROAD D A A N o No D Mk / CONSULTING ENGINEERS, INC I\V/I Two Northpork / 8080 Pork Lane / Suite 600 Dallas, Texas 75231 / Ph (214) 739-4741 10668NOIDW Noma " ,j01-07 mug cu u1 uu:U4a Nathan U Maier G t 2147385BB1 p 3 MI T/GA TION AREA EXHIBI T "B 11 FIELD NOTES BEING oil that certain lot, tract or parcel of land located in the N Britton Survey, Abstract Number 51, City of Denton, Denton County, Texas, said lot, tract or parcel of land being a portion of that certain Lot 23, Block E, Ryan Ranch, Phase I, according to the plot thereof recorded in Cabinet S, Page 121, Plot Records, Denton County, Texas, said lot, tract or parcel of land being more particularly described as follows BEGINNING at a point for southeast corner of the herein described lot, tract or parcel of land, said point being located S 89'32'09" W. a distance of 260 59' from the northwest corner of Oaks of Montecito, Phase 1, according to the plat thereof recorded In Cabinet K, Page 376, Plot Records Denton, County, Texas, THENCE S 89 32'09" W, a distance of 250 00' to o point for corner, THENCE N 00'27'51" W, a distance of 522 72' to a point for corner, THENCE N 89'32'09" E. a distance of 250 00' to a point for corner, THENCE S 00'27'51" E. a distance of 522 72' to the POINT OF BEGINNING containing 3 00 acres, 130,680 Sq Ft of land, more or less BASIS OF BEARINGS for the herein described tract of land is the easterly line of Ryon Ranch, Phase I, according to the plot thereof recorded In Cabinet S, Page 121, Plat Records, Denton, County, Texas DM TwoNATHANNo D MAIER CONSULTING ENGINEERS INC Two Norlhpork / 8080 Park Lane / Suite 600 Dallas Texas 75231 / Ph (214) 739-4741