2015-047S: \Legal \Our Documents \Ordinances \d 5 \Chap 26 Ordinance North Lakes Park,doc
ORDINANCE NO. 2015 °047
AN ORDINANCE GRANTING APPROVAL OF THE ABANDONMENT FOR PARK
PURPOSES OF A 1.6598 ACRE PORTION OF NORTH LAKES PARK IN ACCORDANCE
WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; 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 abandon the use for park purposes of a 1.6598
acre portion of North Lakes Park as set forth in Attachment A hereto; and
WHEREAS, on August 12, 2014, the City Council adopted an ordinance expressing its
desire to sell said land and declaring it to be excess property.
WHEREAS, on November 4, 2014, and election was held in which the proposition to sell
the said land was approved by the voters; and
WHEREAS, the City provided notice in the Denton Record - Chronicle on January 16,
January 21, January 28, and February 6, 2015, of a Public Hearing to be held on February 17,
2015, in the Council Chambers to consider the alternatives to the use of North Lakes Park; and
WHEREAS, the City Council on February 17, 2015, 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
remaining portion of North Lakes Park; 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 abandonment for park purposes and proposed sale of the land
includes all reasonable planning to minimize harm to the remainder of North Lakes Park; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby abandons for park purposes a 1.6598 acre portion
of North Lakes Park as set forth in Attachment A hereto.
SECTION 2. The findings contained in the preamble of this ordinance are incorporated
into the body of this ordinance.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the 1`7 day of �� 2015,
cl II WATTS, MAY'
AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED ASIO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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Exhibit A (2 of 3)
QE�Q<LON DEf Raff--RlY SURVEYED
THENCE conthuing across said Oty of Denton tract (647/245'), the fol�owhg courses and dWonces:
Exhibit A (3 of 3)
clty of don Ion page 2
THENCE South 65 degrees, 07 minutes, 15 seconds West with said southerly line of CHy of Denton tract
�647/245) and northerly line of said SSR Group tract described in inskurnent in 0erk's File No. 2013-
125/02 and confinuing with the northerly line of said SSR Group tract described in Instrument In 0erk's
He No. 2013-125701, in all 662.45 feet to the PLACE OF BEGiNIMNG, and contoining 1,6598 acres
J72,302 square feet),
This descripflon prepared to accompany a survey malp of ffie described tract.
The bass bearing for this tract Is the Ibearin g don g the easterly line of 1-35 nearby,
transferred to this site as a 1part of a uniform hearing bask for several properties,
The subject propepiy was a part of those assocloled properties and the bearing
established w4h monumentalion on this property, The noted monumentailoin
along 1-35 Is no longer in piace at the ti m of fts survey,
GERRY CURTIS ASSOCIATM W., Surveyors
TBPLS FIFm No., 10081300
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Gairalid A, 0016,
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