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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. " Of q. KEN A, A �t R � U � . PAGE 1 OF 2 K//NAZ n SURVEYING k 20 WESr� WS7ER ENTON, Tx 7Cr os VMBEAl 141r4451 R.11,E., "7.20.2016 N m vu� A, ze��u.oKII 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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