2015-302ORDINANCE NO. 2015 -302
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 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 SANITARY SEWER LINE AND RESERVATION OF EASEMENT IN THE EVENT
OF SALE OF PARK; AND PROVIDING AN EFFECTIVE DATE. (Parks, Recreation and
Beautification Board unanimously recommended approval.)
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 165 linear feet along the
northeast boundary of North Lakes Park ( "Park ") generally parallel to U.S. Hwy. 77 and south of
the Riney Rd. /U.S. Hwy 77 intersection for the installation and maintenance of a 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 sanitary sewer line for the Project; and
WHEREAS, the City provided notice in the Denton Record - Chronicle on August 14, 21,
28, 2015 and September 4, 2015 of a Public Hearing to be held on September 15, 2015 in the
Council Chambers to consider the alternatives to the non -park use of the Park for the installation
and maintenance of a sanitary sewer line; and
WHEREAS, the City Council on September 15, 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 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 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:
SECTION 1. The installation and maintenance of a 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 sanitary sewer line shall be constructed 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 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. This is for additional use of Park property for the Project separate and apart
from that use granted under Ordinance 2015 -104.
SECTION 5. 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 INSTALLATION AND MAINTENANCE OF SANITARY SEWER LINE AND
RESERVATION OF EASEMENT IN THE EVENT OF SALE OF PARK" which is attached as
Exhibit "2."
SECTION 6. The rights and benefits set forth in this ordinance may not be assigned
without the express written consent of the City.
SECTION 7. The findings contained in the preamble of this ordinance are incorporated
into the body of this ordinance.
SECTION 8. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of Septeli ber, 2015.
CHRL
n ,'I l'S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
A PRONVM AS' LEGAL FORM:
ANITA BUR , CCITY ATTORNEY
By: ...
EXHIBIT 111"
8' PUBLIC UTILITY EASEMENT
Being all that certain lot, tractor 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, Denton
County, Texas as recorded irr County Clerk's File Number 2012 - 146677 of the Real Property Records, Denton County, Texas; the
subject tract being particularly described as follows;
COMMENCING 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 Northeast comer of said
26.600 acre tract;
Thence South 15 degrees 56 minutes 26 seconds West a distance of 20.74 feet to the POINT OF BEGINNING;
Thence South 58 degrees 45 minutes 30 seconds East a distance of 122.21 feel to a point;
Thence South 00 degrees 12 minutes 56 seconds East a distance of 9.38 feet to a point;
Thence North 58 degrees 45 minutes 30 seconds West a distance of 140.63 feet to a point;
Thence South 89 degrees 21 minutes 38 seconds East a distance of 15.71 feet to the PLACE OF BEGINNING and enclosing
1051.08 square feet of land more or less.
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PAGE 1 OF 2
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EXHIBIT 112"
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.
NOTICE BY THE CITY OF DENTON, TEXAS OF NON -PARK USE
FOR INSTALLATION AND MAINTENANCE OF WATER LINE
AND SANITARY 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 Sancta
Seaver Line
On September 15, 2015, the City Council of the City of Denton, Texas, a Texas municipal
home -rule corporation ( "City "), passed Ordinance No. 2015 - (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
document 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 purpose 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 day of A , 2015.
PAGE 1 OF 2 - NOTICE BY THE CITY OF DENTON, TEXAS OF NON -PARK USE FOR THE
INSTALLATION AND MAINTENANCE OF WATER LINE AND SANITARY SEWER
LINE AND RESERVATION OF EASEMENT IN THE EVENT OF SALE OF PARK
CITY OF DENTON, TEXAS
George C. Cam bell Ci Manager
ACKNOWLEDGMENT
STATE OF TEXAS §
DENTON COUNTY §
This document is acknowledged before me, on the 15 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 perform 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
By:
After recording, return to:
Paul Williamson, Real Estate & Capital Support Manager
City of Denton
901 -A Texas St.
Second Floor
Denton, Texas 76209
PAGE 2 OF 2 - NOTICE BY THE CITY OF DENTON, TEXAS OF NON -PARK USE FOR THE
INSTALLATION AND MAINTENANCE OF WATER LINE AND SANITARY SEWER
LINE AND RESERVATION OF EASEMENT IN THE EVENT OF SALE OF PARK
EXHIBIT "A"
8' PUBLIC UTILITY EASEMENT
Being all that certain lot, tract or parcel of land situated in the Nelson H. Mefsenheimer Surrey, 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, 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 paMcularfy described as follows;
COMMENCING 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 Northeast comer of said
26.600 acre tract;
Thence South 15 degrees 56 minutes 26 seconds West a distance of 20.74 feet to the POINT OF BEGINNING;
Thence South 58 degrees 45 minutes 30 seconds East a distance of 122.21 feet to a point;
Thence South 00 degrees 12 minutes 56 seconds East a distance of 9.38 feet to a point;
Thence North 58 degrees 45 minutes 30 seconds West a distance of 140.63 feet to a point;
Thence South 89 degrees 21 minutes 38 seconds East a distance of 15.71 feet to the PLACE OF BEGINNING and enclosing
1051.08 square feet of land more or less.
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PAGE 1 OF 2
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