2011-019sAlegallour documentslordinances1111chap 26 ordinancequakertown park sewer easement 2-1-11.doc
ORDINANCE NO. 2011-019_
AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF
QUAKERTOWN PARK FOR THE PURPOSE OF A SEWER LINE EASEMENT IN
ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE;
PROVIDING FOR A SEWER LINE 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 sewer easement of
approximately 1083 linear feet across the park for sewer service; and
WHEREAS, Denton Wastewater Utilities desires to construct an underground sewer
transmission line across Quakertown Park since alternative options would not be feasible and
prudent; and
WHEREAS, the City provided notice in the Denton Record-Chronicle on January 11, 18,
and 25, 2011 of a Public Hearing to be held on February 1, 2011 in the Council Chambers to
consider the alternatives to the use of Quakertown Park for the subject sewer easement; and
WHEREAS, the City Council on February 1, 2011 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 Quakertown
Park resulting from the sewer 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 sewer 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 Sewer Easement and sewer transmission line proposed by Denton
Wastewater 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 sewer line shall be constructed
in a manner so that the park land may still be used for landscape plantings, fencing, signage, park
S:U,ega1%0m` DocumentAOrdinanceAl AChap 26 OrdinunceQuakenown Park Sewer Easement 2-1-11.doc
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 sewer 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 , 2011.
A&A"
MARK A. BURROUG , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: - & -
gem. 6)a~ -4)
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Page 2 of 2
Exhibit A
rthur Surveying Co., Inc.
Professional.La zzd surveyors
P.O. Box'54 - Lewisville, Texas 75067
Office: (972) 221-9439 - Fax: (972) 221-4675
SANITARY SEWER EASEMENT
0.695 ACRES
CITY.OF. DENTON, DENTON COUNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the B.B.B. and C. R.R. Company
Survey, Abstract Number 185, City of Denton; Denton County, Texas, and being a part of the W.
M. Jagoe's Addition, an addition to the City of Denton, Denton County, Texas, according to the
map thereof recorded in Volume 58; Page 532 of the Deed Records of Denton County; Texas, and
being :a part of Gears Addition, an addition to the City of Denton, Denton County, Texas, .
according to the plat thereof recorded in Book Q, page 86 of the Deed Records of Denton County,
Texas, said properties commonly known as Quakertown Park, being more particularly described
as follows;
COMMENCING at a point in the south line of Withers Street, a public roadway, and the
apparent/prescriptive east line of Oakland Street, a public roadway, said point also being the
northwest corner of said Quakertown Park;
THENCE South 00 degrees 06 minutes 18. seconds East, with said east line of said Oakland
Street, a distance of 620.08 feet to the POINT.OF BEGINNING;
THENCE over, through and across said Quakertown Park the following eleven (11) calls:
South 90 degrees 00 minutes 00 seconds East, a distance of 8.79 feet to a point for
corner;
South 70 degrees 52 minutes 43 seconds East, a distance of 223.83 feet to a point for
corner
North 13 degrees 53 minutes 54 seconds West, a distance of 116.52 feet to a point for
corner;
North 50 degrees 30 minutes 13 seconds East, a distance of 129.64 feet to a point for
corner;
South 39 degrees 29 minutes 47 seconds East, a distance of 20.00 feet to a point for
corner;
South 50 degrees 30 minutes 13 seconds West, a distance of 117.04 feet to a point for
corner;
South 13 degrees 53 minutes 54 seconds East, a distance of 116.93 feet to a point for
corner;
c: 120081cod1pecan creek interceptod - 6401265361dwg1100921_rark esmt.doc
rthur Surveying Co., Inc.
Rrofessional.Land Surveyors
P.O. Box 54 - Lewisville, Texas 75067
Office: (972) 221-9439 - Fax: (972) 221-4675
South 70 degrees 52 minutes 43 seconds East, a distance of 11.93 feet to a point for
corner;
South ,13 degrees 53 minutes 54 seconds East, a distance of 97.08 feet to a point for
corner;
South 62 degrees 55 minutes 01 second East, a distance of 264.29 feet to a point for
corner;
South 50 degrees 23 minutes 02 seconds East, a.distance of 225.82 feet to a point in the
apparent/proscriptive west line of Bell Avenue, a public roadway, said point also being at
the beginning of a non-tangent curve to the right having a radius of 390.00 feet;
THENCE continuing with said curve an. arc length of 30.84 feet, having a delta angle of 04
degrees 31 minutes 53 seconds, whose chord bears South 26 degrees 14 minutes 38 seconds
West, a distance of 30.84 feet to a point for corner;
THENCE over, through and across said Quakertown Park the following five (5) calls:
North 50 degrees 23 minutes 02 seconds West, a distance of 229.65 feet to a point for
corner;
North 62 degrees 55 minutes 01 second West, a distance of 274.67 feet to a point. for .
corner;
North 13 degrees 53 minutes 54 seconds West, a distance of 94.47 feet to a point for
corner;
North 70 degrees 52 minutes 43 seconds West, a distance of 238.28 feet to a point for
corner;
North 90 degrees 00 minutes 00 seconds West, a distance of 4.35 feet to a point in the
apparent/prescriptive east line of said Oakland. Street, said point also being at the
beginning of a non-tangent curve to the left having a radius of 244.00 feet;
THENCE continuing with said curve an are length of 18.05 feet, having a delta angle of 04
degrees 14 minutes 23 seconds, whose chord bears North 42 degrees 00 minutes 53 seconds East,
a distance of 18.05 feet to a point for corner;
THENCE North 00 degrees 06 minutes 18 seconds West, continuing with said east line of said
Oakland Street, a distance of 11.96 feet to the POINT OF BEGINNING, taining 0.695
acres of land, more or less. F
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sAlegahour documentslcontracts1111sanitary sewer easement through quakertown park.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.
SANITARY SEWER LINE 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 and conveys to the City of Denton, Texas, and its successors and assigns, an easement for
underground sanitary sewer utility facilities, along with the customary uses attendant thereto,
under, through, across and along all those tracts or parcels of land described in Exhibit "A" and
illustrated in Exhibit "A-1", both attached hereto and made apart hereof by reference for all
purposes.
This easement is for the purpose of constructing, using and maintaining sanitary sewer line
facilities in accordance with the approved plans and specifications for the contemplated Pecan
Creek Sanitary Sewer Interceptor II Project ("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 sanitary sewer utility facilities (and
customary uses attendant thereto) authorized above to comply with all applicable City
ordinances, rules and regulations.
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, 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 sanitary sewer utility
facilities.
3. The easement areas are City park land. After all work is performed the surface of the
easement areas shall be restored so that such park land may be used for landscape
plantings, fencing, signage, park related utilities and temporary facilities and by patrons
of the park land in the same manner it was used prior to the work being performed.
sAlegahour documents\contracts\l l\sanitary sewer easement through quakertown park.doc
4. All activities related to the sanitary sewer, including without limitation, construction and
maintenance activities related thereto, shall be conducted in a manner that protects
patrons of the park land from injury and damage.
In addition to the grant of the easement herein, during construction of the Project, temporary use
of additional park land necessary to stage the construction of the Project may be approved by the
Director of the Parks and Recreation Department. Upon completion of construction activities,
such lands shall be restored to the condition to which it existed prior to the beginning of such
construction activities.
This easement is authorized by the City Council of the City of Denton, Texas, pursuant to
Ordinance No. 2011-019 which was adopted after the City complied with the provisions of
Chapter 26 of the Texas Parks and Wildlife Code.
EXECUTED this the day of , 2011.
CITY OF DENTON, TEXAS
THE STATE OF TEXAS
COUNTY OF DENTON
Y:
George C. Campbell
City Manager
This instrument was acknowledged before me on , 2011, by
George C. Campbell, City Manager, on behalf of the City of Dent n, Texas.
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Approved as to legal form:
Anita Burgess, City Attorney
Notary Public, State of Tex
BY: Z--L C
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