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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 5312 , °M /P 0166810� PAGE 1 OF 2 KY SURVEYING 1720 WESTMINSTER DENTON, TX 76205 (940)382-3446 d064 NN'pOg' ,R b.01107 -U4 E... ORA.M BY 00A DATE. 812'2015 KENNETH A. ZOLLINGER DESCRIBED |wA DEED xo \ A TRACT orLAND cl� TRACT l|rTo 1720 WESTMINSTER DENTON, TX 76205 DRAYM BY: DAR DATE.' 6,V0011� SURVEYING KENNETH A. ZOLLINGER DESCRIBED |wA DEED xo \ A TRACT orLAND cl� TRACT l|rTo DESCRIBED |wA DEED To THE CITY oposmTow PETER s.Puuo. TRUSTEE or VOL. 7uu. PG. 400 THE SURVIVOR'S TRUST, uTo. DISTANCE o.R.D.C.T. \ CCF#oO1o'87o2 1/2, IRF � \ R.P.R.o.Cz | � � u LINE BEARli4G- DISTANCE � � ' � ROBERT aExuwowT SURVEY, / ABSTRACT wo1 Lu oswTow COUNTY, TEXAS U) � ~ k -j 0.08 ACRE POINT ;;t 16'DRAINAGE EASEMENT 0 U 00 POINT POB co) pum 500 --- --- --- --- | POINT� / A TRACT OF LAND / / GATEWAY ADDITION DESCRIBED |wA DEED AS n,' �oT� aLOCK1 '""`' TRAoT^m^TO « ' CAB. PG, 238 � ' THE CITY OroewnJN P. ��o�C�. PG �m VOL. 700. � / — —� � " o.R.o.C7. 1Gr Poc o wo |m L8 wT 1/r|RF ---�-- --- ---' --- --- --- | A TRACT oF LAND DESCRIBED |wA DEED Au TRACT l^To U 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