HomeMy WebLinkAbout2000-175F%HA DTBP LW- 260 1. H.[two WWI Line Oe Ini arc
ORDINANCE NO AO d-5
AN ORDINANCE GRANTING APPROVAL OF A SUB -SURFACE USE OF A PORTION OF
BENT CREEK PARK ON FT WORTH DRIVE (U S 377) SOUTH OF THE KANSAS CITY
SOUTHERN RAILROAD FOR THE PURPOSE OF A PUBLIC UTILITY EASEMENT IN
ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE,
PROVIDING FOR A PUBLIC UTILITY 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 water utility service to the City
of Denton by constructing a 20" water line 1008 67 linear feet across the frontage of the park,
and
WHEREAS, the City of Denton desires to provide the public utility easement since
alternative options would not be feasible and prudent, and
WHEREAS, the City provided notice in the Denton Record Chronicle on April 23, April
30, and February 7, 2000 of a Public Hearing to be held on Mayl6, 2000 in the Council
Chambers to consider the alternatives to the use of City Park for the water line project, and
WHEREAS, the City Council on May 16, 2000, 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 Bent Creek
Park resulting from the public street crossing, 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 water line 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 utility easement proposed by the City of Denton Water
Utilities(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 water line be constructed in a manner so
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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 utility 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
4ECTION 6
approval
PASSED AND APPROVED this the 0 �k day of �% 2000
This ordinance shall become effective immediately upon its passage and
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By p
APPROVED AS TO LEGAL FORM
HERBERT L P-ROUTY, CITY ATTORNEY
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EULINE BROCK, MAYOR
Page 2 of 2
FIELD NOTES
30' TEMPORARY PUBLIC UTILITY EASEMENT
0 776 ACRES
CITY OF DENTON
f ` Being all that certain lot, tract or parcel of land situated in the B B B & C R R Company
Survey, Abstract Number 196 and the W Roark Survey, Abstract Number 1087, City of Denton,
Denton County, Texas, being part of that certain called 21 472 acre tract of land described in
deed to the City of Denton, Texas, recorded under Clerk's File Number 97-055783 of the Real
Property Records of Denton County, Texas, and being more particularly described as follows
BEGINNING at a point on the northeasterly line of said 21 472 acre tract and the southwesterly
line of the Atchison, Topeka and Santa Fe Railroad Company nght-of-way (150' right-of-way),
from which point the northwest comer of said 21 472 acre tract bears N 34035'57" W, 106 07
feet,
THENCE S 34035-57" E, 38 27 feet, along the southwesterly line of said railroad and the
northeasterly line of said 21 472 acre tract, to a point,
THENCE N 86013'35" W. 12142 feet, to a point that is 50 feet from at right angles to the
southeasterly nght-of-way of U S Highway 377 (200' right-of-way),
THENCE S 44"39103" W, 101198 feet, parallel with and 50 feet from at right angles to the
southeasterly nght-of-way line of said U S Highway 377, to a point on the west line of said
21 472 acre tract in a crack, same being on the east line of that certain called 192 5 acre tract of
land described in deed to V D Burch, recorded in Volume 288, Page 137 of the Deed Records of
Denton County, Texas,
THENCE N 15046'59" W, 34 49 feet, with said creek along the east line of said Burch tract and
the west line of said 21 472 acre tract, to a point that is 20 feet from at right angles to the
northwesterly line thereof and the southeasterly line of said U S Highway 377,
THENCE N 44039'03" E, 1008 67 feet, parallel with and 20 feet from at right angles to the
southeasterly line of said U S Highway 377 and the northwesterly line of said 21 472 acre tract
to a point,
THENCE S 86013'35" E, 111 38 feet, to the POINT OF BEGINNING and containing
approximately 0 776 acres of land
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FIELD NOTES
20' PERMANENT PUBLIC UTILITY EASEMENT
0 588 ACRES
CITY OF DENTON
Being all that certain lot, tract or parcel of land situated in the B B B & C R R Company
Survey, Abstract Number 196 and the W Roark Survey, Abstract Number 1087, City of Denton
Denton County, Texas, being part of that certain called 21 472 acre tract of land described in
deed to the City of Denton, Texas, recorded under Clerk's File Number 97-055783 of the Real
Property Records of Denton County, Texas, and being more particularly described as follows
BEGINNING at the most northerly comer of said 21 472 acre tract, said point being the
intersection of the southeasterly line of U S Highway 377 (200, right-of-way) with the
southwesterly line of the Atchison, Topeka and Santa Fe Railroad Company right-of-way (150'
nght-of-way),
THENCE S 34°35'57" E, 106 07 feet, along the southwesterly line of said railroad and the
northeasterly line of said 21 472 acre tract to a point,
THENCE N 86013'35" W, 111 38 feet, to a point that is 20 feet from at right angles to the
southeasterly nght-of-way of said U S Highway 377,
THENCE S 44039'03" E, 1008 67 feet, parallel with and 20 feet from at right angles to the
southeasterly right-of-way fine of said U S Highway 377, to a point in a creek on the west line
of said 21 472 acre tract, same being on the east line of that certain called 192 5 acre tract of land
described in deed to V D Burch, recorded in Volume 288, Page 137 of the Deed Records of
Denton County, Texas,
THENCE N 15046'59" W, 22 99 feet, with said creek along the east line of said Burch tract and
the west line of said 21 472 acre tract to the northwest comer thereof on the southeasterly line of
said U S Highway 377,
THENCE N 44039'03" E, 1090 00 feet along the southeasterly line of said U S Highway 377 and
the northwesterly line of said 21 472 acre tract to the POINT OF BEGINNING and containing
approximately 0 588 acres of land
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