2016-161ORDINANCE NO. �� � �- �. � �
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 NORTHPOINTE PARK FOR THE PURPOSE OF INSTALLING AND
MAINTAINING AN ELECTRIC TRANSMISSION, DISTRIBUTION, AND
COMMUNICATION LINE FOR THE CITY'S ELECTRIC UTILITY
INFRASTRUCTURE UPGRADE PROJECT; PROVIDING FOR A NOTICE BY THE
CITY OF DENTON, TEXAS OF NON-PARK USE FOR INSTALLATION AND
MAINTENANCE OF ELECTRIC TRANSMISSION, DISTRIBUTION, AND
COMMUNICATION LINE AND RESERVATION OF EASEMENT IN THE EVENT OF
SALE OF PARK; AND PROVIDING AN EFFECTIVE DATE. (Parks, Recreation and
Beautification Board recommend approval with a vote of 5-0.)
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 no 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 741.47 linear feet across the
Northpointe Park ("Park") for the installation and maintenance of an electric transmission,
distribution, and communication easement for the City's Electric Utility Infrastructure Upgrade
Project ("Project"); and
WHEREAS, there are no feasible and prudent alternatives available for the location and
installation and maintenance of an electric transmission, distribution, and communication line for
the Project; and
WHEREAS, the City provided notice in the Denton Record-Chronicle on May 5, 2016, May 14,
2016, May 21, 2016 and May 28, 2016 of a Public Hearing to be held on June 7, 2016 in the
Council Chambers to consider the alternatives to the non-park use of the Park for the installation
and maintenance of an electric transmission, distribution, and communication line; and
WHEREAS, the City Council on June 7, 2016 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 an electric transmission, distribution, and communication 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 electric transmission, distribution, and communication 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 ORDAINS:
SECTION 1. The installation and maintenance of an electric transmission, distribution, and
communication line across Northpointe Park ("Park") for the City's Electric Utility Infrastructure
Upgrade Project ("Project") shall be constructed and maintained on or over the surface of the Park
in the area described in Exhibit "A" and visually depicted in Exhibit "B," which are attached and
made a part of this document, and that the surface of the Park after installation of electric
transmission, distribution, and communication 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 electric transmission, distribution, and
communication 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
a"NOTICE BY THE CITY OF DENTON, TEXAS OF NON-PARK USE FOR THE
INSTALLATION AND MAINTENANCE OF ELECTRIC TRANSMISSION, DISTRIBUTION,
AND COMMUNICATION LINE AND RESERVATION OF EASEMENT 1N THE EVENT OF
SALE OF PARK," and direct the same to be recorded in the Real Property Records, Denton
County, Texas.
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.
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PASSED AND APPROVED this "� da of June, 2016 �
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CHRI� �'����.� ����w�� MAYOR .� ............ . .......�
ATTEST:
JENNIFER WALTERS, CITY SECR.ETARY
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By, � ����
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,1����1�'I�C� '� ���� AS �' ��� LEGAL FORM:
ANITA ' L;�������',',�, CITY ATTORNEY
By: :�... �
EXHI�IT'�A"
ELECTRIC EASEMENT RESERVATION
Lot 1, Block 6 Northpointe Phase IV A
BEING a 0.792 acre tract of land situated in the Thomas Toby Survey, Abstract No. 1288, City of Denton,
Denton County, Texas, and being a part of Lot 1, Block 6 per the Final Plat of Northpointe Phase IV A, as
recorded in Cabinet W, Page 820 of the Plat Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a point for the Southwest corner of the above cited Lot 1, and being in the North line of
Hercules Lane, a 60' wide right-of-way per the above cited Final Plat of Northpointe Phase IV A, said
point also being the Southeast corner of Lot 5, Block 5 per the Final Plat of Northpointe Addition Phase
III, as recorded in Cabinet V, Page 713 of the Plat Records of Denton County, Texas, from which a 5/8
inch iron rod with cap stamped "Dowdy" found for reference in the South line of said Hercules Lane, for
the Northwest corner of Lot 1, Block 27 per said Plat of Northpointe Phase IV A bears South 00°22'28"
West a distance of 60.00 feet;
THENCE North 00°22'28" East departing the North line of said Hercules Lane, and along the common
line between said Lot 1 and said Lot 5, for a distance of 45.03 feet to a point for corner, from which a 5/8
inch iron rod found for the Northwest corner of said Lot 1 bears North 00°22'28" East a distance of 362.76
feet;
THENCE North 89°56'55" East departing the common line between said Lot 1 and said Lot 5, for a
distance of 741.47 feet to a point for corner in the East line of said Lot 1 and the West line of Lot 2, Block
6 per said Final Plat of Northpointe Phase IV A, from which a 1/2 inch iron rod found for the Northwest
corner of said Lot 2 bears North 00°09'40" East a distance of 11.82 feet;
THENCE South 00°09'40" West along the common line between said Lots 1 and 2, for a distance of
48.18 feet to a point for corner in the North line of said Hercules Lane, said point also being the common
South corner of said Lots 1 and 2;
THENCE North 89°46'35" West along the North line of said Hercules Lane, for a distance of 285.16 feet
to a point for corner at an angle point;
THENCE North 89°46'35" West continuing along the North line of said Hercules Lane, for a distance of
456.48 feet to the POINT OF BEGINNING, and containing 0.792 acres of land, more or less.
NOTE: Bearings are referenced to grid north of the Texas Coordinafe System of 1983 (North Central
Zone; NAD83(2011) Epoch 2010) as derived locally from Western Data Sysfems Continuously Operating
Reference Stations (CORS) via Real Time Kinematic (RTK) survey methods. Distances represent surtace
values utilizing an average combination scale factor of 1.000147317 to scale from grid to surface.
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Todd B. Turner, R.P.L.S. No. 4859 ��
Teague Nall & Perkins
1517 Centre Place Drive, Suite 320
Denton, Texas 76205
940-383-4177
Date: March 4, 2016
REV: April 5, 2016 (designate as "Reservation")
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