2010-271salegal\our documents\ordinances\10\chap 26 ordinance mack park utility easement 10-19-10.docx
ORDINANCE NO. 2010-271
AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF
MACK PARK FOR THE PURPOSE OF A UTILITY EASEMENT IN ACCORDANCE WITH
CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A
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 provide for a required utility easement of
approximately 512 linear feet across the park for water service; and
WHEREAS, Denton Water Utilities desires to construct an underground water
transmission line across Mack Park since alternative options would not be feasible and prudent;
and
WHEREAS, the City provided notice in the Denton Record-Chronicle on September 29,
October 5, and October 12, 2010 of a Public Hearing to be held on October 19, 2010 in the
Council Chambers to consider the alternatives to the use of Mack Park for the subject utility
easement; and
WHEREAS, the City Council on October 19, 2010 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 Mack Park
resulting from the utility 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 electric utility 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 Utility Easement and water transmission line proposed by 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 shall be constructed
in a manner so that the park land may still be used for landscape plantings, fencing, signage, park
\\C0DAD\U-\111712\W-dDons\Cllp1.26-i-.\Mck Park Public Utility E.-.I\Chnp260ldi-a Mwk Pmk UlililyEaumml 10-19-10Aa
related utilities, temporary facilities, which uses are hereby expressly approved and authorized,
as necessary after completion of the Project in the same manner it was used prior to the Project.
SECTION 2. A 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.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2010.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
Page 2 of 2
IN rthur Surveying Co., Inc.
Professioaal .Lard Surveyors
P.O. Box 54 - Lewisville. Texas 75067
OfYicc: (972) 221-9439 - Fax: (972) 2214675
EXHIBIT A
20' UTILITY EASEMENT
0.235 ACRE
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the T.M. Downing Survey, Abstract Number 346, City
of Denton, Denton County, Texas, and being a portion of tract 2 described by deed to the City of Denton, recorded
in Volume 621, Page 455 of the Deed Records of Denton County, Texas, and being more particularly described as
follows:
BEGINNING at a broken concrete monument found for the northwest corner of a tract of land described by deed to
Terrano Realty, Inc., recorded under Instrument Number 2005-157409, Official Public Records of Denton County,
Texas, and the northeast corner of said City of Denton Tract 2, same point being in the south right-of-way line of
McKinney Street;
THENCE South 00 degrees 07 minutes 33 seconds East, with the west line of said Terrano Realty tract and the east
line of said City of Denton Tract 2 for a distance of 20.01 feet to a point for corner;
THENCE North 88 degrees 14 minutes 32 seconds West, over, across and through said City of Denton Tract 2 for a
distance of 152.22 feet to a point for corner;
THENCE North 87 degrees 28 minutes 53 seconds West, over, across and through said City of Denton Tract 2 for a
distance of 360.42 feet to a point for corner in the east line of Lot 1, Block 1 of Apple Creek, an addition to the City
of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet D, Slide 196 of the Plat Records
of Denton County, Texas, and the west line of said City of Denton Tract 2, same point being the beginning of a
curve to the right whose radius is 251.41 feet;
THENCE with the east line of said Lot 1 and the west line of said City of Denton Tract 2, and with said curve to the
right, having an arc length of 9.96 feet, with a central angle of 02 degrees 16 minutes 13 seconds, and whose chord
bears North 01 degrees 33 minutes 09 seconds East a distance of 9.96 feet, an are length of 9.96 feet to a point for
corner;
THENCE North 02 degrees 41 minutes 15 seconds East, continuing with the east line of said Lot 1 and the west
line of said City of Denton Tract 2 for a distance of 10.04 feet to a point for corner in the south right-of-way line of
said McKinney Street;
THENCE South 87 degrees 28 minutes 53 seconds East, with the south line of said McKinney Street for a distance
of 360.43 feet to a 3 1/2 inch aluminum disk found for corner;
THENCE South 88 degrees 14 minutes 32 seconds East, continuing with the south line of McKinney Street for a
distance of 151.43 feet to the POINT OF BEGINNING and containing 0.235 acres, more or less.
1009119-McKinney Street Water Line Easements-630250517
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rthur Surveying Co., Inc.
Professional Land Surveyors
P.O. Boa 54 - Lewisville. `rexas 75067
OtYicc: (972) 221-9439 - Fax: (972) 2214675
North: 7129025.9189 East : 2394718.0695
Line Course: S 00-07-33 E Length: 20.01
North: 7129005.9089 East : 2394718.1134
Line Course: N 88-14-32 W Length: 152.22
North: 7129010.5781 East : 2394565.9651
Line Course: N 87-28-53 W Length: 360.42
North: 7129026.4164 East : 2394205.8932
Curve Length: 9.96 Radius: 251.41
Delta: 2-16-13 Tangent: 4.98
Chord: 9.96 Course: N 01-33-09 E
Course In: S 89-34-58 E Course Out: N 87-18-45 W
RP North: 7129024.5857 East : 2394457.2966
End North: 7129036.3739 East : 2394206.1631
Line Course: N 02-41-15 E Length: 10.04
North: 7129046.4029 East : 2394206.6338
Line Course: S 87-28-53 E Length: 360.43
North: 7129030.5642 East : 2394566.7157
Line Course: S 88-14-32 E Length: 151.43
North: 7129025.9192 East : 2394718.0744
Perimeter: 1064.51 Area: 10,246 sq. ft. 0.24 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0049 Course: N 86-19-24 E
Error North: 0.00032 East : 0.00492
Precision 1:217,246.94
1009119-McKinney Street Water Line Easements-630250517
Arthur Surveying Co., Inc.
Professional Land Surveyors
P.O. Box 54 Lewisville. Texas 75067
Office: (972) 221-9439 Fox: (972) 2214675
EXHIBIT A
30' x 30' TEMPORARY
CONSTRUCTION EASEMENT
0.021 ACRE
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the T.M. Downing Survey, Abstract Number 346, City
of Denton, Denton County, Texas, and being a portion of tract 2 described by deed to the City of Denton, recorded
in Volume 621, Page 455 of the Deed Records of Denton County, Texas, and being more particularly described as
follows:
COMMENCING at a broken concrete monument found for the northwest corner of a tract of land described by
deed to Terrano Realty, Inc., recorded under instrument Number 2005-157409, Official Public Records of Denton
County, Texas, and the northeast corner of said City of Denton Tract 2, same point being in the south right-of-way
line of McKinney Street;
THENCE North 88 degrees 14 minutes 32 seconds West, with the south line of said McKinney Street for a distance
of 151.43 feet to a 3 1/2 inch aluminum disk found for corner;
THENCE North 87 degrees 28 minutes 53 seconds West, continuing with the south line of said McKinney Street
for a distance of 223.60 feet to a point;
THENCE South 02 degrees 31 minutes 07 seconds West, over, across and through said City of Denton Tract 2 for a
distance of 20.00 feet to the POINT OF BEGINNING;
THENCE South 02 degrees 31 minutes 07 seconds West, for a distance of 30.00 feet to a point for corner;
THENCE North 87 degrees 28 minutes 53 seconds West, for a distance of 30.00 feet to a point for corner;
THENCE North 02 degrees 31 minutes 07 seconds East, for a distance of 30.00 feet to a point for corner;
THENCE South 87 degrees 28 minutes 53 seconds East, for a distance of 30.00 feet to the POINT OF
BEGINNING and containing 0.021 acre of land, more or less.
1009119-McKinney Street Water Line Easements-630250517
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Arthur Surveying Co., Inc.
.professional .Land Surveyors
P.O. Box 54 Lewisville. Texas 75067
Office: (972) 221-9439 - Fax: (972) 221-4675
North: 7129021.7281 East : 2394312.4766
Line Course: S 87-28-53 E Length: 30.00
North: 7129020.4098 East : 2394342.4476
Line Course: S 02-31-07 W Length: 30.00
North: 7128990.4388 East : 2394341.1293
Line Course: N 87-28-53 W Length: 30.00
North: 7128991.7571 East : 2394311.1582
Line Course: N 02-31-07 E Length: 30.00
North: 7129021.7281 East : 2394312.4766
Perimeter: 120.00 Area: 900 sq. ft. 0.02 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0000 Course: S 90-00-00 E
Error North: 0.00000 East : 0.00000
Precision 1: 120,000,000.00
1009119-McKinney Street Water Line Easements-630250517
Arthur Surveying Co., Inc.
P.rofessjona.l.Laud Surveyors
P.O. Box 54 Lewisville. Texas 75067
Office: (972) 221-9439 - Fax: (972) 221-4675
EXHIBIT A
30' z 34' TEMPORARY
CONSTRUCTION EASEMENT
0.023 ACRE
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the T.M. Downing Survey, Abstract Number 346, City
of Denton, Denton County, Texas, and being a portion of tract 1 described by deed to the City of Denton, recorded
in Volume 621, Page 455 of the Deed Records of Denton County, Texas, and being more particularly described as
follows:
COMMENCING at a 3 1/2 inch aluminum disk found for the southeast corner of Lot 5, Block 1 of Mack Center,
an addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet D, Slide
328 of the Plat Records of Denton County, Texas, and being the southwest comer of said City of Denton Tract 1,
same point being in the north right-of-way line of McKinney Street;
THENCE South 87 degrees 28 minutes 53 seconds East, with the north line of said McKinney Street for a distance
of 107.00 feet to a point;
THENCE North 02 degrees 31 minutes 07 seconds East, over, across and through said City of Denton Tract 1, for a
distance of 16.00 feet to a point in the north line of a 16 foot Utility Easement recorded under Instrument Number
2002-132702, Official Public Records of Denton County, Texas, and being the POINT OF BEGINNING;
THENCE North 02 degrees 31 minutes 07 Seconds East, for a distance of 34.00 feet to a point for corner;
THENCE South 87 degrees 28 minutes 53 seconds East, for a distance of 30.00 feet to a point for corner;
THENCE South 02 degrees 31 minutes 07 seconds West, for a distance of 34.00 feet to a point in the north line of
said 16 foot utility easement;
THENCE North 87 degrees 28 minutes 53 seconds West, with the north line of said 16 foot utility easement for a
distance of 30.00 feet to the POINT OF BEGINNING and containing 0.023 acre of land, more or less.
1009119-McKinney Street Water Line Easements-630250517
~ I
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I 30 0 1s 30 60
SCALE: P=30'
Lot 5, I Block 1 Basis of Bearing is based on the
Mack Center I City of Denton GIS network.
Cabinet T}, Slide 328 I
I I City of Denton
Volume 821, Page 455
I I Tract 1
I
I I
I Temporary
Construction
I I Easement
0.023 Acre S8728'53"E
~W 30.00'
16' Utility O O
Easement I I O~ 3
(0/328) 1~ d;I I O O
25' Building Line (D1328)~ O ~I O
Z ti
I N02 31'017 E N87 2853"W
J S872853 "E 107.00' 16.00" 30.00'
F.I.R. - V - - -
(CM.) N872853"W 3 112" Aluminum
387.98' Disk Found (CM.)
Mc KINNE Y STREET
EXHIBIT B
0.023 Acre
30' x 34' Temporary
Construction Easement
T.M. Downing Survey,
Abstract No. 346,
City of Denton,
Denton County, Texas
16'
Instr.
Utility Easement
No. 2002-132702
Ptnfessinnal Land Surveyyom
P.O.Box 54 - Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
Estatblished 1986
2010 -
Arthur Surveying Co., Inc.
,Professional -and Surveyors
P.O. Box 54 -w Lmisvil le. Texas 75067
Office: (972) 221-9439 - Fax: (972) 221-4675
North: 7129157.5943 East : 2394318.5102
Line Course: N 02-31-07 E Length: 34.00
North: 7129191.5614 East : 2394320.0043
Line Course: S 87-28-53 E Length: 30.00
North: 7129190.2431 East : 2394349.9753
Line Course: S 02-31-07 W Length: 34.00
North: 7129156.2759 East : 2394348.4812
Line Course: N 87-28-53 W Length: 30.00
North: 7129157.5943 East : 2394318.5102
Perimeter: 128.00 Area: 1,020 sq. ft. 0.02 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0000 Course: S 90-00-00 E
Error North: 0.00000 East : 0.00000
Precision 1: 128,000,000.00
1009119-McKinney Street Water Line Easements-630250517
sAlegahour documents\contracts\10\mckinney water pipeline easement-final.doc
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE
IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WATER PIPELINE EASEMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS:
That the CITY OF DENTON, TEXAS, a municipal corporation (the "City"), for and in
consideration of the sum of TEN DOLLARS AND NO CENTS 10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby
grants to the City an easement for underground water pipeline facilities, along with the
customary uses attendant thereto, over, under, through, across and along that tract or parcel of
land described in Exhibit "A" and depicted in Exhibit "B", both attached hereto and made apart
hereof by reference for all purposes.
This easement is for the purpose of constructing, using and maintaining water transmission line
facilities in accordance with the approved plans and specifications for the contemplated
McKinney Street 12-inch Waterlines Project, which will best serve the public while at the same
time, protecting the integrity of the existing City park land. The uses authorized by this
easement are subordinate to the City's use of the easement area as park land.
Persons responsible for the construction of improvements within this easement shall comply with
the following terms:
1. Construct, repair, modify, or reconstruct the water line utility facilities (and customary
uses attendant thereto) authorized above to comply with all applicable City ordinances,
rules and regulations, including without limitation, City Subdivision Rules and
Regulations. All work shall be conducted in such a manner as will protect the patrons
using the park from injury and damage both during and after construction activities.
2. Repair and restore any improvements in the easement area, lawfully placed therein by the
City, its agents, employees or independent contractors or by others pursuant to an
easement, agreement, or license granted by City, if such rights are or have been granted
by the City, damaged by the negligence of such persons or their agents, employees, or
independent contractors working in the easement area with such persons' approval, in
constructing and maintaining water line utility facilities.
3. The easement area is City park land. The water pipeline shall be constructed and
maintained below the surface of the park. After all work is performed, the surface of the
easement area shall be restored so that such park land may still be used for landscape
sAlegal\our documents\contracts\10\mckinney water pipeline easement-final.doc
plantings, fencing, signage, park related utilities and temporary facilities and may be used
by patrons of the park in the same manner it was used prior to the work being performed.
This easement has been authorized by the City Council of the City of Denton, Texas, pursuant to
Ordinance No. 2010-271, which was adopted after the City complied with the provisions of
Chapter 26 of the Texas Parks and Wildlife Code.
EXECUTED this the dod
day of ~~/~I,6~ , 2010.
CITY OF DENTON, TEXAS
By: P~
Georg C. Campbell
City Manager
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me this Jd day of
dDa_e, I-e,/ , 2010, by George C. Campbell, City Manager of the City of Denton,
Texas - le municipal corporation, for and on behalf of said municipal corporation.
LINDA A
Notary Public, State of is 4'if My Do~smission Expires
060.,% ~ibOt 08, 2013
Notary Public, State of exas
Approved as to legal form:
Anita Burgess, City Attorney
BY:
rthur Surveying Co., Inc.
Pr lbssidaeU Tana Sure 7oxs
P.O. Box 54- Lewisvlllo, ons 75067
Oaioo; (972) 221.9439 Fax; (972) 2214675
EXHIBIT A
20' UTILITY EASEMENT
0.235 ACRE
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the T.M. Downing Survey, Abstract Number 346, City
of Denton, Denton County, Texas, and being a portion of tract 2 described by deed to the City of Denton, recorded
in Volume 621, Page 455 of the Deed Records of Denton County, Texas, and being more particularly described as
follows:
BEGINNING at a broken concrete monument found for the northwest corner of a tract of land described by deed to
Terrano Realty, Inc., recorded under Instrument Number 2005-157409, Official Public Records of Denton County,
Texas, and the northeast corner of said City of Denton Tract 2, same point being in the south right-of-way line of
McKinney Street;
THENCE South 00 degrees 07 minutes 33 seconds East, with the west line of said Terrano Realty tract and the east
line of said City of Denton Tract 2 for a distance of 20.01 feet to a point for corner;
THENCE North 88 degrees .14 minutes 32 seconds West, over, across and through said City of Denton Tract 2 for a
distance of 152.22 feet to a point for corner;
THENCE North 87 degrees 28 minutes 53 seconds West, over, across and through said City of Denton Tract 2 for a
distance of 360.42 feet to a point for corner in the east line of Lot 1, Block 1 of Apple Creek, an addition to the City
of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet D, Slide 196 of the Plat Records
of Denton County, Texas, and the west line of said City of Denton Tract 2, same point being the beginning of a
curve to the right whose radius is 251.41 feet;
THENCE with the east line of said Lot 1 and the west line of said City of Denton Tract 2, and with said curve to the
right, having an arc length of 9.96 feet, with a central angle of 02 degrees 16 minutes 13 seconds, and whose chord
bears North 01 degrees 33 minutes 09 seconds East a distance of 9.96 feet, an are length of 9.96 feet to a point for
corner;
THENCE North 02 degrees 41 minutes 15 seconds East, continuing with the east line of said Lot 1 and the west
line of said City of Denton Tract 2 for a distance of 10.04 feet to a point for corner in the south right-of-way line of
said McKinney Street;
THENCE South 87 degrees 28 minutes 53 seconds East, with the south line of said McKinney Street for a distance
of 360.43 feet to a 3 1/2 inch aluminum disk found for corner;
THENCE South 88 degrees 14 minutes 32 seconds East, continuing with the south line of McKinney Street for a
distance of 151.43 feet to the POINT OF BEGINNING and containing 0.235 acres, more or less.
1009119-McKinney Street Water Line Easements-630250517
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