2015-368ORDINANCE NO, 2015 -368
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 BOWLING GREEN PARK FOR THE PURPOSE OF INSTALLING AND
MAINTAINING A DETENTION POND OUTFALL FOR THE FIRESIDE
DEVELOPMENT PROJECT; PROVIDING FOR A NOTICE BY THE CITY OF
DENTON, TEXAS OF NON -PARK USE FOR INSTALLATION AND MAINTENANCE
OF A DETENTION POND OUTFALL AND RESERVATION OF DRAINAGE
EASEMENT IN THE EVENT OF SALE OF PARK; AND PROVIDING AN EFFECTIVE
DATE. (Parks, Recreation and Beautification Board recommend approval with a vote of 6-
0.)
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 0.08 acre in the southeastern portion
of Bowling Green Park ( "Park ") generally located east of the 2200 block of Bowling Green St. for
the installation and maintenance of a detention pond outfall for the Fireside Development Project
( "Project "); and
WHEREAS, there are no feasible and prudent alternatives available for the location and
installation and maintenance of a detention pond outfall for the Project; and
WHEREAS, the City provided notice in the Denton Record - Chronicle on October 16, 2015
October 23, 2015, October 30, 2015, and November 6, 2015 of a Public Hearing to be held on
November 17, 2015 in the Council Chambers to consider the alternatives to the non -park use of
the Park for the installation and maintenance of a detention pond outfall; and
WHEREAS, the City Council on November 17, 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 detention pond outfall; 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 detention pond outfall 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 detention pond outfall in the southeastern
portion of Bowling Green Park ( "Park ") generally located east of the 2200 block of Bowling Green
St. for the Fireside Development Project ( "Project ") shall be constructed and maintained 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 detention pond outfall shall be
constructed in a manner so that the Park may still be used for, to the extent possible with the
presence of the detention pond outfall, 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 detention pond outfall 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,
and direct to be filed in the Real Property Records of Denton County, Texas, the "NOTICE BY
THE CITY OF DENTON, TEXAS OF NON -PARK USE FOR THE INSTALLATION AND
MAINTENANCE OF DETENTION POND OUTFALL AND RESERVATION OF EASEMENT
IN THE EVENT OF SALE OF PARK" which is attached as Exhibit "2" with said Notice including
the appropriate ordinance number and exhibits after the passage and approval of this ordinance.
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 _......m.......... 7 day of November, 2015.
CHRIS WA`1 I SS, A OR '
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: I "'/ 6 ,,,
_..
EXHIBIT 'T' TO ORDINANCE
16' DRAINAGE EASEMENT
Being all that certain lot, tract or parcel of land situated in the Robert Beaumont Survey, Abstract Number 31 in the City of Denton,
Denton County, Texas and being a part of a 8.398 acre tract of land described In a deed as Tract "III" to the City of Denton as
recorded in Volume 700, page 485 of the Deed Records, Denton County, Texas; the subject tract being more particularly described
as follows;
COMMENCING at a z" iron rod found in the East Right of Way of Bowling Green Street and being the Northwest corner of a 1.524
acre tract of land described in a deed as Tract "I" to the City of Denton as recorded in Volume 3418, Page 118 of the Real Property
Records, Denton County, Texas and being the Southwest corner of said 8.398 acre tract;
Thence South 89 degrees 00 minutes 10 seconds East with the common line thereof a distance of 342.33 feet to a point in the the
North line of said 1.524 acre tract the Southeast corner of said 8.398 acre tract and being the Southwest corner of Lot 1, Block 1
Gateway Addition, an addition to the City of Denton, Denton County, Texas as recorded in Cabinet R, Page 238 of the Plat Records,
Denton County, Texas and being at the beginning of a curve to the left having a radius of 2293.17 feet and a chord bearing and
distance of North 09 degrees 51 minutes 13 seconds East, 284.13 feet;
Thence with the common line thereof along said curve an arc distance of 264.49 feet to a 8" iron rod found for the Northeast comer
of said lot 1 and the Southwest corner of a 30.7039 acre tract of land described in a deed to Peter E. Pulis, Trustee of the Survivor's
Trust, LIM,, as recorded in County Clerk's File Number 2015 -8782 of the Real Property Records, Denton County, Texas and being at
the beginning of a curve to the left having a radius of 2293.17 feet and a chord bearing and distance of North 05 degrees 45 minutes
51 seconds East, 62.86 feet;
Thence along said curve an arc distance of 62.86 feet to the POINT OF BEGINNING and being in the East line of said 8.398 acre
tract and the West line of a 30.7039 acre tract and being at the beginning of a curve to the left having a radius of 117.00 feet and a
chord bearing and distance of South 77 degrees 56 minutes 05 seconds West, 54.81 feet;
Thence along said curve an arc distance of 55.32 feet to a point;
Thence South 64 degrees 23 minutes 22 seconds West a distance of 168.19 feet to a point;
Thence North 11 degrees 10 minutes 50 seconds West a distance of 16.52 feet to a point;
Thence North 64 degrees 23 minutes 22 seconds East a distance of 164:07 feet to a point at the beginning of a curve to the right
having a radius of 133.00 feet and a chord bearing and distance of North 78 degrees 08 minutes 00 seconds East, 63.20 feet;
Thence along said curve an arc distance of 63.81 feet to a point in the West line of said 30.7039 acre tract and the East line of said
8.398 acre tract and being at the beginning of a curve to the right having a radius of 2293.17 feet and a chord bearing and distance
of South 04 degrees 46 minutes 40 seconds West, 16.09 feet;
Thence along the common line thereof an arc distance of 16.09 feet to the PLACE OF BEGINNING and enclosing 0.08 of an acre of
land more or less.
IST
KENNETH kZOLLINGER
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PAGE 1 OF 2
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EXHIBIT "2" TO ORDINANCE
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 CIT'"id' OF DENTO:N, TEXAS OF NON-PARK USE FOR
INSTALLATION AND MAINTENANCE OF DETENTION EASEMENT
OCJTFALL AND RESERVATION OF EASEMENT
� u r „
S
IN ALE s '
EVENT F . OF PAR111(
'�"" "r
1. Notice of Non -Park Use for Installation and Maintenance of Saliihtl e'w'er Line
11,
On November 17, 2015, the City Council of the City of l )c.ntoh , 11 s, a Texas home rule
municipal corporation ( "City "), passed Ordinance No. 2015 _u ,�_, (See "Exhibit "A ")
which allows the City, in accordance with the requirements ol��+�Ual��� 0.a of the Texas Parks and
Wildlife Code, the permanent and perpetual use in, alotq,l of under, over, and across a
southeastern portion of Bowling Green Park ( "Park "), locar the 2200 block of Bowling
Green St., Denton, Denton County, Texas, for the ,,,,,011. urpose of installing, constructing,
repairing, maintaining, altering, replacing, rcloc tllf)� � r building, removing, and operating a
detention pond outfall, and all necessary and cfow, � "facilities and appurtenances. The specific
"„„
location for the area of the Park used for the (,lc 11 ti wh pond outfall is more particularly described
and visually depicted in Exhibit "B ". J), 11afk i'more particularly described in Exhibit "C."
Exhibits "A," " B, » « and C » are attache 0, -111, document and made apart of the same.
5 �4,
2. Reservation of Easement iii tI� + "vent of Sale of Park
In the event the Cityoseftsjfie Park, which is described in Exhibit "C," the City reserves a
permanent and perpetual d�;a)� inge "easement for the purpose of installing, constructing, repairing,
maintaining, altering, r�A?Iact l ; relocating, rebuilding, removing, and operating a detention pond
outfall, and all nec s a <a1nd related facilities and appurtenances, in, along, upon, under, over, and
across the land deg„ °,�Kedfin. Exhibit "B" together with the right of ingress and egress as necessary
for such ptirp4c,,C`,,,,1h addition to the reservation of the permanent easement, a 20 -foot wide
Lein , orar y tk sp cc easement is reserved adjacent to and outside the perimeter of the permanent
eascnient, t u L sc6bed in Exhibits "B ". This easement shall run with the land, is irrevocable, and
is l "oar, " 1it of the City and the City's successors and assigns.
h aa.uld the day of , 2015.
PAGE I OF 2 - NOTICE BY THE CITY OF DENTON, TEXAS OF NON -PARK USE FOR THE
INSTALLATION AND MAINTENANCE OF DETENTION POND OUTFALL
AND RESERVATION OF EASEMENT IN THE EVENT OF SALE OF PARK
CITY OF DENTON, TEXAS
George C. Campbell, City Manager
ACKNOWLEDGMENT
s�,,,�rrar
STATE OF TEXAS § w"
DENTON COUNTY § ,
Y � Y g � . aeeem day of ��� b� .. �..._ 2015,
This document is acknowledged before me, on the y'
b GEORGE C. CAMPBELL City Manager, Denton a Texas home �Rpal corporation,
known to me to be the person whose name is subscribed to th ing instrument and
acknowledged to me that the same was the act of the said Cltytt4 t" 1: ep n, Texas, a municipal
corporation, that he was duly authorized to perform the saii,ieltl " ity Council of the City of
Denton and that he executed the same as the act of said C �t�;� 11' purposes and consideration
therein expressed, and in the capacity therein stated.' r
a u
fi µ��4yp
�Ni �4 `rvv
1
No Public, State of Texas
wyd
Approved as to legal form:
Anita Burgess, City Atto ney yYd
of a J'
B :
l ci r- or 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 DETENTION POND OUTFALL
AND RESERVATION OF EASEMENT IN THE EVENT OF SALE OF PARK