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2015-104M�,� l-W *� *�� ORDINANCE NO. 2�15-104 AN ORDINANCE GRANTING APPROVAL, IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, OF THE NON-PARK USE OF A PART OF NORTH LAKES PARK FOR THE PURPOSE OF INSTALLING AND MAINTAINING A WATER LINE AND A SANITARY SEWER LINE FOR THE VISTA DEL ARROYO OFFSITE UTILITIES PROJECT; PROVIDING FOR A NOTICE BY THE CITY OF DENTON, TEXAS OF NON-PARK USE FOR INSTALLATION AND MAINTENANCE OF A WATER LINE AND SANITARY SEWER LINE AND RESERVATION OF EASEMENT IN THE EVENT OF SALE OF PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 26 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 use approximately 1,775 linear feet along the northeast boundary of North Lakes Park ("Park") generally parallel to Riney Road and U.S. Hwy. 77 for the installation and maintenance of a water line and sanitary sewer line for the Vista Del Arroyo Offsite Utilities Project ("Project"); and WHEREAS, there are no feasible and prudent alternatives available for the location and installation and maintenance of a water line and sanitary sewer line for the Project; and WHEREAS, the City provided notice in the Denton Record-Chronicle on March 6, 2015, March 16, 2015, March 20, 2015 and March 27, 2015 of a Public Hearing to be held on April 7, 2015 in the Council Chambers to consider the alternatives to the non-park use of the Park for the installation and maintenance of a water line and sanitary sewer line; and WHEREAS, the City Council on April 7, 2015 received testimony at a public hearing on the issues of feasible and prudent alternatives to the non-park use of the Park for the Project and that the Project includes all reasonable planning to minimize harm to the Park resulting from the installation and maintenance of a water line and sanitary sewer line; 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 are no feasible and prudent alternatives to the non-park use of the Park and that the installation and maintenance of a water line and sanitary sewer line 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: \\CODAD\Departments\Legal\Our pocuments\Real Estate\Parks\Sanitary Sewer\Ordinance - North Lakes Park - Vela - FINAL.docx SECTION 1. The installation and maintenance of a water line and sanitary sewer line along the northeast boundary of North Lakes Park ("Park") generally parallel to Riney Road and U.S. Hwy. 77 ("Park") for the Vista Del Arroyo Offsite Utilities Project ("Project") shall be constructed and maintained below the surface of the Park in the area described and visually depicted in Exhibit "1," which is attached and made a part of this document, and that the surface of the Park, after installation of the water line and sanitary sewer line, shall be restored in a manner so that the Park may still be used for landscape plantings, fencing, signage, park 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. The installation and maintenance of the water line and sanitary sewer line _._ shall be (i) in accordance with applicable City ordinances, rules and regulations, (ii) protect the patrons using the Park from injury and damage both during and after construction of the Project, and (iii) generally protect the health, safety and general welfare of the City. SECTION 3. During construction of the Project, temporary use of such additional Park property 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 property shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION 4. The City Manager, or his designee, after approval by the City Attorney, shall execute the "NOTICE BY THE CITY OF DENTON, TEXAS OF NON-PARK USE FOR THE 1NSTALLATION AND MAINTENANCE OF WATER LINE AND SANITARY SEWER L1NE AND RESERVATION OF EASEMENT IN THE EVENT OF SALE OF PARK" which is attached as Exhibit "2." SECTION 5. The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 6. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this �_�� day of A��•il, 2015. , � m � � � ��'" , � � "� � � � �. .. ...� a..�.�.� ..�..� C�� lN�l� ��i:�l �, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY rJ By• � , � � � ._ �� .�_�� .�. ,��1'1�(' �I� AS ' � LEGAL FORM: ANITA ��l�i�l ��, CITY ATTORNEY gy. � �.� � ... �� ..... � .�. �, EXHIBIT "1 "" 20' SANITARY SEWER EASEMENT Being all that certain lot, tract or parcel of land situated in the Nelson H. Meisenheimer Survey, Abstract Number 810 in the City of Denton, Denton County, Texas and being a part of a 26.600 acre tract of land descrlbed in a deed to the City of Denton, Denton County, Texas as recorded in County Clerk's File Number 2012-146677 of the Real Property Records, Denton County, Texas; the subject tract being particularly described as follows; BEGINNING at a Texas Department of Transportatlon monument found being in the Southerly line of Riney Road and ihe Southwesterly line of U.S. Highway 77 (Buslness) also know as Looust Street and being the most Easterly Northeast corner of said 26.600 acre lract; Thence South 58 degrees 44 minutes 09 seconds East with the common line thereof a distance of 390.11 feet to point for a corner in the Westerly line of said Highway and being in the Westerly line of a Right of Way dedlcation as described in a deed to the City of Denton as recorded in County Clerk's File Number 2009-24361 of the Real Property Records, Denton County, Texas; Thence South 14 degrees 10 minutes 03 seconds East with the Westerly line thereof and the East line of said 26,600 acre tract a distance of 28.27 feet to a pofnt for corner from which a�" iron rod bears South 14 degrees �10 minules 03 seconds East, 7.71 feet; Thence North 58 degrees 45 minutes 30 seconds West a distance of 404.77 feet to a polnt for corner; Thence North 89 degrees 21 minutes 38 seconds West a distance of 166.21 feet to a point for comer; Thence North 00 degrees 38 minutes 21 seconds East a distance of 31.10 feet to a point for corner; Thence Norlh 89 degrees 28 minutes 31 seconds West a distance of 1209.32 feet to a polnt for corner In the West line of said 26.600 acre tract and being in the East line of a tract of land descrlbed in a deed to THX Properties, LLC as recorded in County Clerk's File Number 2014-62875 of the Real Property Records, Denton County, Texas; Thence North 01 degrees 06 minutes 04 seconds East with the common Ilne thereof passing a capped �" iron rod stamped "KAZ" found at 4.23 feet and continuing along said course a total distance of 20.00 feel to a point for the Northwest corner of the herein described tract and being in the South Ilne of said Riney Road and from whlch a mag nall found for the sald 26.600 acre tract bears North 01 degrees 06 minutes 04 seconds East, 8.27 feet; Thence South 89 degrees 28 minutes 31 seconds East along or near the edge of sald Rlney Road a dlstance of 1232,93 feet to a point for corner from which a capped iron rod stamped "Coleman" bears North 07 degrees 39 minutes 03 seconds East, 55.94 feet; Thence South 07 degrees 39 minutes 03 seconds West a distance of 31,39 feet to a�" Iron rod found for an Easterly corner of said 26.600 acre tract; Thence South 89 degrees 21 minutes 44 seconds East with a North line of said 26.600 acre tract a dlstance of 151.75 feet to the PLACE OF BEGINNING and enclosing 0.83 of an acre of land more or less. �' �. �� " �C.S ,,,��`;�,�,n��,„�;�, ,1�° 30 ��ry� � w�, �� : a �{�Nl�� N.��C��R � ,.,� ,�"�°, �, a;�� ,°�' ��i °�'��r�c++� �C) �� R��`�f�" PAGE 1 OF 2 1720 WESTMINSTER "��' DENTON, TX 76205 I . ��r� awm�+ :sa�� 9d1� I�7LYAMG%G�C I 4t79Siq a�r �... � � � � fi� rcn+��anr �a r �7 ra a� �� i.. R. y� �, i 9'Vi4T��l .'�Ytl �"C7tCr ... � ' SURVEYING� "��`:�� KENNETM A, ZOLIINGER ��/ / � rr� �� ,"`' =� � �� z �' o=�� J �o°� � O � � � � � J;�, �, „�� d� �� U � �;^r a � .Vu��` �. U p� Z � � t,� �WU� `�N Ow��o,�: t� ¢ Z U O �� OZOop � U � ~w��a � ��a�� , QU�U Wm �O z � �, J = �� *�^ . � �, � M....,. w J �-� �J ._ a �'��,„ �`��"� � d�� , �"�C��, �_ � �v ��'�"�"�'�^�� C} � "� a� F �"� � �' � �'�, � �� "� ��u'�r � �`� � �""-� �"��'t7,�� . 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EXHIBIT "2" 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 INT�REST IN ItCAL PROPERTY BEFORE IT IS FILED FOR R�CORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIV�R'S LICENSE NUMBER. NOTICE BY THE CITY OF DENTON, TEXAS OF NON-PARK USE FOR INSTALLATION AND MAINTENANCE OF WATER LINE AND SANYTARY SEWER LINE AND RESERVATION OF EASEMENT IN EVENT OF SALE OF PARK 1. Notice of Non-Park Use for Installation and Maintenance of Water Line and Sanitary Sewer Line On April 7, 2015, the City Council of the City of Denton, Texas, a Texas municipal home-rule corporation ("City"), passed Ordinance No. 2015 -�� y (See "Exhibit "A") which allows the City, in accordance with the requirements of Chapter 26 of the Texas Parks and Wildlife Code, the permanent and perpetual use in, along, upon, under, over, and across a part of North Lakes Park ("Park"), located at 2001 W. Windsor Dr., Denton, Denton County, Texas, for the sole purpose of installing, constructing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating a water line and sanitary sewer line, and all necessary and related facilities and appurtenances. The specific location for the area of the Park used for the water line and sanitary sewer line is more particularly described, and visually depicted, in Exhibit "B." The portion of the Park containing the location of the water line and sanitary sewer line is more particularly described in Exhibit "C." Exhibits "A," "B," and "C" are attached to this docuznent and made a part of the same. 2. Reservation of Easement in the Event of Sale of Park, or Portion of Park In the event the City sells the Park, or portion of the Park described in Exhibit "C" which contains the sanitary sewer line described in Exhibit "B," the City reserves a permanent and perpetual water line and sanitary sewer line easement for the puipose of installing, constructing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating water lines, sanitary sewer lines, and all necessary and related facilities and appurtenances, in, along, upon, under, over, and across the land described in Exhibit "B," together with the right of ingress and egress as necessary for such purposes. In addition to the reservation of the permanent easement, a 20-foot wide temporary work space easement is reserved adjacent to and outside the perimeter of the permanent easement tract described in Exhibit "B." This easement shall run with the land, is irrevocable, and is for the benefit of the City and the City's successors and assigns. Executed the w_w. day of , 2015. PAGE 1 OF 2- NOTICE BY THE CITY OF DENTON, TEXAS OF NON-PARK USE FOR THE INSTALLATION AND MAINTENANCE OP' WATER L1NE AND SANITARY SEWER LINE AND RESERVATION OF EASEM�NT IN THE EVEN'I' OF SALE OF PARK : CITY OF DCNTON, TEXAS George C, Campbell, City Manager ACKNOWL�DGMENT STATE OF TEXAS � DENTON COUNTY § This document is acknowledged before me, on the day of _� �, 2015, by GEORGE C. CAMPBELL, City Manager, Denton, Texas, a municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perfoi7n the same by the City Council of the City of Denton and that he executed the same as the act of said City for the purposes and consideration therein expressed, and in the capacity therein stated. Notary Public, State of Texas Approved as to legal form: Anita Burgess, City Attorney : After recording, return to: Paul Williamson, Real Estate & Capital Support Manager City of Denton 901-A Texas St. Second I'loor Denton, Texas 76209 PAGE 2 OF 2- NOTICE BY THE CITY OF DENTON, T�XAS OT NON-PARK USC FOR THE INSTALLATION AND MAINTENANCE OF WATCR LINE AND SANITARY SEWER LINE AND RESERVATION OF EAS�MENT IN TH� EVENT OF SAL� OF PARK EXHIBIT "A" ORDINANCE TO BE ATTACHED AFTER IT HAS BEEN PASSED EXHIBIT "B" 20' SANITARY SEWER EASEMENT Being all that certain lot, tract or parcel of land situated in the Nelson H. Meisenheimer Survey, Abstract Number 810 in the City of Denton, Denton County, Texas and being a part of a 26,600 acre tract of land described in a deed to the City of Denton, benton County, Texas as recorded in County Clerk's File Number 2012-146677 of the Real Propeny Records, Denton County, Texas; the subJect tract being particularly described as follows; BEGINNING at a Texas Department oF Transportation monument found being in the Southerly line of Riney Road and the Southwesterly line of U,S. Highway 77 (Business) also know as Locust Street and being the most Easterly Norlheast corner of said 26.600 acre tract; Thence South 58 degrees 44 m(nutes 09 seconds East with the common line thereof a distance of 390.11 feet to point for a corner in the Westerly line of said Highway and being in the Weslerly line of a Right of Way dedicatlon as described In a deed to the City of Denton as recorded in County Clerk's Flle Number 2009-24361 of the Real Property Records, Denton County, Texas; Thence South 14 degrees 10 minutes 03 seconds East wilh the Westerly line thereof and the East Ifne of said 26.600 acre tract a distance of 28.27 feet to a point for corner from which a�" iron rod bears South 14 degrees 10 minutes 03 seconds East, 7.71 feet; Thence North 58 degrees 45 minutes 30 seconds West a distance of 404.77 feet to a polnt for corner; Thence North 89 degrees 21 minutes 3A seconds West a distance of 166.21 feet to a point for corner; Thence North 00 degrees 38 minutes 21 seconds East a distance of 31.10 feet to a point for corner; Thence North 89 degrees 28 minutes 31 seconds West a distance of 1209.32 feet to a polnt for corner In the West line of said 26.600 acre tract and being in the East line of a tract of land described in a deed to THX Properties, LLC as recorded in County Clerk's File Number 2014-62875 of the Real Property Records, Denton County, Texas; Thence North 01 degrees 06 minutes 04 seconds East with the common Ilne thereof passing a capped �" iron rod stamped "KAZ" found at 4.23 feet and continuing along said course a total distance of 20.00 feet to a point for the Northwest corner of the herein described tract and being in the South Ilne of said Riney Road and from whlch a mag nail found for the sald 26.600 acre tract bears North 01 degrees 06 minutes 04 seconds East, 8.27 feet; Thence South 69 degrees 28 minutes 31 seconds East along or near the edge of sald Riney Road a distance of 1232.93 feet to a point for corner from which a capped iron rod stamped "Coleman" bears North 07 degrees 39 minutes 03 seconds East, 55.94 feet; Thence South 07 degrees 39 minutes 03 seconds West a dlstance of 31,39 feet to a�" iron rod found for an Easterly corner of sald 26.600 acre tract; Thence South 89 degrees 21 minutes 44 seconds East wiih a North Ilne of said 26.800 acre iract a distance of 151.75 feet to the PLACE OF BEGINNING and enclosing 0.83 of an acre of land more or less. ;�� C)� � U �„ * w �,,� ��,� �„�.. � 3_ � �r.S � �.µ �.� � �� ,� .� � �� .��r� �° .� ��.��"� ,� � �'��;b:�..�a �. �.� �°�a �`� � PAGE 1 OF 2 1720 WESTMIN3THR �.1�°" DENTON, TX 76205 �;� ��VdY��3�� ti�A�tC� I�rn rar�wti�wrz rmn�o�r ��5 �. � � � � �ru�wrv� p v�a �s pt � ��r � w ��. �e�hSf�, �Sa�.7dk1"d �_.... _� SURVEYING � `�"`��`��'�"� KENIdE7H R. ZOLLIIdGER II/ �� ,k„ � �� Oj�(� �i �o�� O � � � JLL..,..,'�,, �. 4 ttl.i cay a �,�a � U � �, l � � � � / � �. p �- / � � � Qr Z ��WU`f � O W N1- "� �¢z�.� � � Z 0 0 Q �. 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