2014-244SALegal\0ur Documents\Ordinances\14\Ordiiiance Ordering Election on sale of park property.doex
F51 51 5 E, 1
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WHEREAS, the City of Denton, owns, holds or claims as a park certain real property
consisting of 1.6598± acres and being a portion of North Lakes Park, being a tract of land in the
Robert Beaumont Survey, Abstract No. 31, and being a portion of that certain tract conveyed to
Said City of Denton by deed recorded in Volume 647, Page 245, of the Denton County Deed
Records, and more fully described in Attachment A attached hereto; and
WHEREAS, the City of Denton declares the said real property to be excess property, and
WHEREAS, the City of Denton desires, upon receipt of fair market value therefor, to sell
the said real property; and
WHEREAS, Texas Local Government Code Section 253.001(b) states that land, owned,
held, or claimed as a public square or park may not be sold unless the issue of the sale is
submitted to the qualified voters of the municipality at an election and is approved by a majority
of the votes received at the election; and
WHEREAS, the City Council of the City of Denton determined that the matter would be
resolved by the voters of the City of Denton; and
WHEREAS, applicable state law requires this election to be held on the next uniform
election date, November 4, 2014; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The preamble clauses above are incorporated into this Ordinance as though
set forth in full.
SECTION 2. The City Council hereby declares the said real estate to be excess property.
SECTION 3. A municipal election is ordered to be held in the City of Denton, Texas on
Tuesday, November 4, 2014, such date being a uniform election date as defined in Tex. Elec.
s: \legal \our documents \ordinances \14 \ordinance ordering election on sale of park property docx
Code §41.001, as amended (the "Code "), for the purpose of determining whether to sell the said
real property.
SECTION 4. The form of the ballot shall be substantially as follows:
OWNED, PROPOSITION REGARDING THE SALE OF CERTAIN REAL PREOPERT"
l OR CLAIMED AS A PARK I
SHALL AN ORDINANCE BE ENACTED AUTHORIZING THE SALE OF REAL
PROPERTY CONSISTING OF 1.6598=L ACRES AND BEING A PORTION OF
NORTH LAKES PARK OWNED, HELD, OR CLAIMED AS A PARK AND BEING A
TRACT OF LAND IN THE ROBERT BEAUMONT SURVEY, ABSTRACT NO. 31,
AND BEING A PORTION OF THAT CERTAIN TRACT CONVEYED TO SAID
CITY OF DENTON BY DEED RECORDED IN VOLUME 647, PAGE 245, OF THE
DENTON COUNTY DEED RECORDS?
FOR THE PROPOSITION
..•.• •
SECTION 5. The election and early voting shall be conducted at the time and in the
manner specified in and in accordance with an agreement between the Election Administrator of
Denton County and the City of Denton.
SECTION 6. The manner of holding such election and all questions pertaining thereto
shall be governed by the election laws of the State of Texas.
SECTION 7. Should any provision of this Ordinance be held finally invalid by a Court
of Law, such provision shall be severed from the remaining provisions of this Ordinance and the
remaining provisions shall continue in full force and effect.
SECTION 8. The City Council has found and determined that the meeting at which this
Ordinance is considered is open to the public, and that notice thereof was given in accordance
with provisions of the Texas open meetings law, Tex. Gov't. Code ch. 551, as amended, and that
a quorum of the City Council was present.
SECTION 9. This Ordinance shall become effective immediately upon its passage and
approval.
PRES1 "N'11,I), PASSED AND APPROVED on the � '�'� day of �` r
2014 at a r fmlar aaleeting of the. City Council of the City of Denton, Texas, by a vote of
ayes and nays at the regL11 ar meeting of'the. City Council of the City of Denton, Texas.
Page 2
s:\Iegal\our documents\ordinances\14\ordinance ordering election on sale of park property.docx
PASSED AND APPROVED this the u day of 2014.
C11RIS'- VATTS, AYOR
11 go ilk 10 11 all IMMITAIm
L5.3
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
MW
Attachment A
DESCRIPTION OF PROPERTY SURVEYED
SITUATED in the City of Denton and being a tract of land in the ROBERT BEAUMONT SURVEY, Abstract
No. 31, and being a portion of that certain tract conveyed to said City of Denton by deed recorded in
Volume 647, Page 245, of the Denton County Deed Records, and said portion being more fully
described as follows:
BEGINNING at an "RPLS 1640" capped 5/8 "iron rod found in place for the northeast corner of that
certain right -of -way for Bonnie Brae Drive conveyed to said City of Denton by instrument recorded
under Denton County Clerk's File No. 2009 -3362, said point being also in the southerly line of said City of
Denton tract (647/245) and the northerly line of that certain tract conveyed to SSR Group by
instrument recorded under Clerk's File No. 2013- 125701;
THENCE North 0 degrees, 34 minutes, 55 seconds East with the present east line of said Bonnie Brae
Drive, across a portion of said City of Denton tract (647/245), 264.58 feet to an "RPLS 1640" capped
5/8" iron rod set for corner;
THENCE South 44 degrees, 25 minutes, 05 seconds East, departing said east line of Bonnie Brae Street,
crossing a portion of said City of Denton tract (647/245), 14.14 feet to an angle point, from which point
an "RPLS 1640" capped 5/8" iron rod set for reference bears North 87 degrees West, 1.1 1 feet;
THENCE continuing across said City of Denton tract (647/245), the following courses and distances:
South 89 degrees, 25 minutes, 05 seconds East, 10.0 feet to an "RPLS 1640" capped 5/8"
iron rod set for the beginning of a curve whose center bears South 0 degrees, 34 minutes,
55 seconds West, 190.0 feet;
easterly with said curve, a distance of 45.36 feet to an "RPLS 1640" capped 5/8" iron rod
set for the end of said curve;
South 75 degrees, 45 minutes, 30 seconds East, 32.30 feet to an "RPLS 1640" capped 5/8"
iron rod set for the beginning of a curve whose center bears North 14 degrees, 14
minutes, 30 seconds East, 200.0 feet;
easterly with said curve, a distance of 90.98 feet to an "RPLS 1640" capped 5/8" iron rod
set for the end of said curve;
North 78 degrees, 11 minutes, 30 seconds East, 44.03 feet to the beginning of a curve
whose center bears South 11 degrees, 48 minutes, 30 seconds East, 1500.0 feet;
easterly with said curve, a distance of 329.06 feet to the end of said curve;
South 89 degrees, 14 minutes, 20 seconds East, 42.06 feet to a point in the southerly line of
said City of Denton tract (647/245) and the northerly line of that certain tract conveyed
to the SSR Group, LP, by deed recorded under County Clerk's File No. 20113-125702;
city of denton page 2
THENCE South 65 degrees, 07 minutes, 15 seconds West with said southerly line of City of Denton tract
(647/245) and northerly line of said SSR Group tract described in instrument in Clerk's File No. 2013-
125702 and continuing with the northerly line of said SSR Group tract described in instrument in Clerk's
File No. 2013- 125701, in all 662.45 feet to the PLACE OF BEGINNING, and containing 1.6598 acres
(72,302 square feet).
This description prepared to accompany a survey map of the described tract.
The base bearing for this tract is the bearing along the easterly line of 1 -35 nearby,
transferred to this site as a part of a uniform bearing basis for several properties.
The subject property was a part of those associated properties and the bearing
established with monumentation on this property. The noted monumentation
along 1 -35 is no longer in place at the time of this survey.
GERRY CURTIS ASSOCIATES, INC., Surveyors
TBPLS Firm No. 10081300
Gerald A. Curtis, RPI.S
Texas Registration No. 1640
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