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2016-305S:\Legal\Qur pocuments\QrdinancesU 6\Ord'rnance - North Lakes Park - Narth Lakes Shapping Center Drainage Project .dacx �' R �' ,,� •' � 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 AINTAINING A SUBSU ACE D INAGE PIPE AND OUTFALL FOR T E NORT LAKES SHOPPING CENTER DEVELOPMENT PROJECT; PROVIDING FOR A NOTICE Y T E CITY OF DENTON, TE S OF NON-PA USE FOR INSTALLATION AN AINTENANCE OF A SUBSU ACE D INAGE PIPE AND OUTFALL AND RESERVATION OF DRAINAGE EASEMENT IN THE EVENT OF SALE OF PA ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 26 of the Texas Parks and 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 nat a feasible and prudent alternative to the use of such land for the proposed praject 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 0.046 acre, approximately 225 feet south of Dam 16A, of North Lakes Park ("Park"), generally lacated at 2001 W. Windsor Drive, for the installation and maintenance of a subsurface drainage pipe and outfall for the North Lakes Shopping Center Develapment Praject (66Project99); and WHEREAS, there are no feasible and prudent alternatives available for the location and installation and maintenance of a subsurface drainage pipe and outfall for the Project; and WHEREAS, the City provided notice in the Denton Record-Chronicle on August 19, 2016, August 26, 2016, September 2, 2016, and September 9, 2016 of a Public Hearing to be held on September 20, 2016 in the Council Charnbers to consider the alternatives ta the non-park use of the Park for the installation and rnaintenance of a subsurface drainage pipe and outfall; and WHEREAS, the City Council on September 20, 2016 received testimony at a public hearing on the issues of feasible and prudent alternatives to the non-park use of the Park far the Project and that the Praject includes all reasonable planning to minimize harm to the Park resulting from the installation and maintenance of a subsurface drainage pipe and autfall; 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 subsurface drainage pipe and outfall includes all reasonable planning to minimize harm to the Paxk as a result of the P'TOjeCt, NOW, THEREFORE, THE COUNCIL OF THE CTTY OF DENTON HEREBY ORDAINS: SECTION 1. The installation and maintenance of a subsurface drainage pipe and outfall in North Lakes Park (66Park99), approximately 225 feet south of Dam 16A, generally located at 2001 W. Windsar Drive for the North Lakes Shapping Center Development Project (66Project99) shall be constructed and maintained in the 0.046 acre area described and visually depicted in Exhibit 661999 which is attached and made a part of this document, and that the surface of the Park after installation of the subsurface drainage pipe and outfall shall be constructed in a mamner so that the Park may still be used for, to the extent possible with the presence af the subsurface drainage pipe and 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 rnanner it was used prior to the Project. SECTION 2. The installation and maintenance of the subsurface drainage pipe and 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. �a�;�"`�`1(?]wi �. During canstruction 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 661Vo11t�E 1J 1 117E Cll 1 oI� LLi1V lO1Vy 1E11L'1S Ol' 1VO1V�rtiLtll V�7L' �oii 111E 11VS1tiLLti11o1V ti1VL 1V1til1V1E1VL'i1Vt�E OF �VDti7Vi�1'til..E LilL'S11VtiGE r1iL' ri1VL olJ 1�iLL �""�lVi../ �l'i4Jli� V�ilo1V o� Iii1Ai1.i1V1�1V 1 11V AA1� li V Li1V 1 Ol, l�f'iLl'i ol, r�'$ 99 which is attached as Exhibit "�99 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 af the City. SECTION 6. The findings contained in the preamble of this ordinance are incarporated inta the body of this ordinance. SECTION 7. This ordinance shall become effective imrnediately upon its passage and _� ........................................_.._.�. approval. PASSED AND APPROVED this ��"��` day of September, 2016. _�_ j, ' � �'` t�� f� k , a ...... _ - -_� � ., .� �_�.�n_M.� a�m CHRIS �ATTS, MAYOR . �; �. ��.. R�: ... � :� �.. 1; ��. �I��'��{��1 � AS TO ��,;`�_;(7�^��.� F'O ° ANITA � �l��i;ESS, C'i`[""`� ATTORNEY _��. . �� B �� . � y. .� ,�. ,�.�---� Exhibit 1 16' WIDE DRAINAGE EASEMENT 2,000 SQUARE FEET OR 0.046 ACRE CITY OF DENTON � ROBER7 BEAUMONT SURVEY, ABSTRACT NO. 31 DENTON COUNTY, TEXAS Line Table Line # Direction Length � L1 N32°44'45"E ^ 30,21' REMAINDER OF GTY OF DENTON L2 N64°43'38"E ' 76.24' VOL. 647, PG. 245 D,R.D.C,T, � �� L3 N49°43'39"E '' 33.84' POB ~��' O , t. - EASEMENTRAINAGE L4 540°16'28"E 16.00' I �,"7� - '^u``� L5 S49°43'38"W 35.95' „ �'""'� yrt S87°25'S2"E ��L6 564°43'38"W 103.97' ,� �: 3�—� �— -�--�-��.-�.. " 488.10' .� ��. Found `i ��- 1/2" Iron Rod � �j'}�'" CIRF "BHB INC" GOODWILL INDUSTRIES OF FORT WORTH, INC, VOL. 3030, PG. 682 D.R.D.C.T. � NOTES: � w 1. Basis of bearing being State Plane Grid - Texas � r, North Central Zone (4202) NAD83 as established r,, � usin� GPS Technology in conjunction with the RTK a►' N' Cooperative Network. Reference frame is NAD83 o � Cors96 Epoch 2011,0000. Z 2, All distances shown are at ground. � LOT CV-1 NORTH LAKE SHOPPING LEGEND CENTER ADDTION � DOCUMENT No. 2015-362 DRDCT...,,.Deed Records Denton County, Texas P.R.D.C.T. CIRF,.,.,,,.,.Capped Iron Rod Found IRF.......,....Bron Rod Found POB...,.,.,,,Point of Beginning POC..,,.,..,,Point of Commencing � � PRDCT.,..,..Plat Records Dentan County, Texas � SURVEYOR'S CERTIFICATION I, John G. Margotta, a Registered Professional Land Surveyor ciRF licensed in the State of Texas, do hereby declare that this �-- �� --- survey is true and correct and was prepared from an actual U. S. H/GHWA Y 380 survey made under my supervision on the ground. Further, this survey conforms to the general rules of procedures and NYEST UM/l�ER$/TY OR/[� practices ofthe most current Professional Land Surveying (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) practicesAct. BAIRD, HAMPTON & BROWN, INC. � ENGINEERING & SURVEYING t�348q Ridglea Place, Ste. 700, Ft Worth, TX 76118 mallObhbinc.�um 817-338-1277 www.bhbinc.com BHB ProJ�ct /201k1B7.000 7BPE Flrm F-44 7BPL5 Flrm 10011300 Drawing; �.'�SurvAy15`�i8�`yiJC}t� E.�ru�okrt E�rc��erites'��wg"�€i�9`a4TE� f�}�'iIN,4�E � : - �_. , w..,,,.T - �.....,.,.�... ...,n. 1 1 ' G. Margotta E�e�;ist�red Professional Land Surveyor No. 5956 Date: July 22, 2016 � �* # i � 1 • � . . . , , • �, � , � . � �. . . �� . � � � ! ��'' • � , . �; , . , . , , , . . , � . ,� � . : � 1 � ,,' ' � ' 1" ' : ' � ' ,1 � '' ` � . � . � . � . � . . . � . �.` t R .. .:.. � �..... 1 '. / .�. . ..� • .:/ ::,. � ':� � � .. , t!; ♦ � , • 1j ♦ ♦ , � � • ,�� ♦ � � �:� �;...: � /� '' . � ♦ : ♦ .:, � .. � ��.: � `�. • �. �.� :� �' .:, ,,. � '", !. � ! 1. Notice of Non-Park Use for Installation and Maintel��r�� ' t)�•�in��_Y'i��c ��i�� Outfall On September 20, 2016, the City Council of the City of Denton, Texas, a Texas home rule ml.�.niCil al cor orall�n G6Ci11. 99 assed Ordinance No. 2016 -� Se.ei 66Exhibit 66 q 99 P p � Y)9 p D„ S � �� ) 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, alongy Updd�y under, over, and across a 0.046 acre portion of North Lakes Park ("Park99) approximately 225 feet south of Dam 16A, located at 2001 W. Windsor Drive, Denton, Denton County, Texas, for the sole purpose of installing, constructing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating a subsurface drainage pipe and outfall, and all necessary and related facilities and appurtenances. The specific location for the area of the Park used for the subsurface drainage pipe and outfall is more particularly described and visually depicted in Exhibit "B99. The Park is more particularly described in Exhibit "C.99 Exhibits `�A999 66D 999 �� 66("�99 are attached to this document 17 \. and made a part of the same. In the event the City sells the Park, which is described in Exhibit "C," the City reserves a permanent and perpetual drainage easement for the purpose of installing, constructing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating a subsurface drainage pipe and outfall, 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 Exhibits "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 � ��, � _ � _ w , 2016. �� • r � • r • • • .• . •. • � • : � ��• . . , � � . . � • • � �, . � 1 ! +"'�'^�� °� ;'� r�'' ,r`` `' �r' � � ��'t��/'�r ��. . � . �� 4 BY ��.� �.. �.a��..�... _ ��. e �.�.��_. Howard Martin, Iait��l�-� Cilv Manager • .►1. 1 ►l ► '�'�ti�; c�c�ctiE��c:.�� i� E�c:l��iv��s��l �cdt�e� it-��, �� t�� __�� ty cat �,��G��""`� � �.f�1Ca, ��y t1�3VV.�1�.T� M��"TII�I, Itit��•it�� .iiy �,��i1��r, ��tr�n, � "��,�� I�c�r��; �-��, �r��.��i�:i��a1 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 far the purposes and consideration therein expressed, and in the capacity therein stated. � .., �� _ � �` _' � ' � ��.��:�� :�� r�y� � W � � �a �� =.� ��w��` �� +��-re ��,��s�� ° �� ' , �' �� : ��.. � � � � �� No��` Public, State of Texas �� >�� s � �� P � 4 �k � i w� �� F.._, � .� � ��,�� Approved as to legal form: Anita Burgess, City Attorney � B �. Y. .. . �� After recording, return to: Paul Williamson, Real Estate & Capital Support Manager City of Denton 901-A Texas St. Second Floor Denton, Texas 76209 �� r � : � � � • • ... �. � � � . . �. . . � . � � . . � � � � �. . • '; ' S;\Legal\Our pocuments\Ordinances\16\Ordinance - North Lakes Park - North Lakes Shopping Center Drainage Project .docx �� r 1 . 1 AN ORDINANCE GRANTING APPROVAL, IN ACCORDANCE WITH CHAPTER 26 OF THE TE S PA S AND WILDLIFE CODE, OF THE NON-PA USE OF A PART OF NORTH LA S PARK FOR THE PURPOSE OF INSTALLYNG AND MAINTAINING A SUBSU ACE D INAGE PIPE AND OUTFALL FOR THE NORTH LA S SHOPPING CENTER DEVELOPMENT PROJECT; PR.OVIDING FOR A NOTICE BY THE CITY OF DENTON, TE S OF NON-PA USE FOR INSTALLATION AND MAINTENANCE OF A SUBSU ACE D INAGE PIPE AND OiUTFALL AND SERVATION OF D INAGE EASEMENT IN THE EVENT OF SALE OF PA ; AND PROVIDING A1V EFFECTIVE DATE. WHER.EAS, Chapter 26 of the Texas Parks and Wildlife Code provides that public land designated and used as a park may be used for a non-park purpase if the City Council iinds after notice and heaz°ing that there is not a feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable pl�anning to minimize harm ta the park resulting from such use; and WHEREAS, the City of Denton desires ta use approximately 0.046 acre, approximately 225 feet south of Dam 16A, of North Lakes Park (i6Paxk"), generally located at 2001 W. Windsor Drive, for the installation and maintenance of a subsurface drainage pipe and outfall for the North Lakes Shopping Center Development Project (66Project99); and WHEREAS, there are na feasible and prudent alternatives available for the location and installation and maintenance of a subsurface drainage pipe and outfall for the Project; and WHEREAS, the City provided natice in the Denton Record-Chronicle on August 19, 2016, August 26, 2016, September 2, 2016, and September 9, 2016 of a Public Hearing to be held on September 20, 2016 in the Council Chambers to consider the alternatives to the non-park use oi' the Park for the installation and maintenance of a subsurface drainage pipe and outfallg and WHEREAS, the City Council on September 20, 2016 received testimony at a public hearing on the issues of feasible and prudent alternatives to the non-park use af the Park for the Project and that the Project includes all reasanable planning to minimize harm to the Parl� resulting from the installation and maintenance of a subsurface drainage pipe and outfall; and WHEREAS, the City Council finds that the Project does nat fall within the purview of Section 253.001 of the Texas Local Government Cade; 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 subsurface drainage pipe and outfall includes all reasonable planning to minimize harm to the Park as a result of the PTOJeCt, NOW, THEREFORE, TH� COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The installation and maintenance oi a subsurface drainage pipe and outfall in North Lakes Park ("Park"), approximately 225 feet south of Dam 16A, generally located at 2001 W. Windsor Drive for the North Lakes Shopping Center Development Project ("Project99) shall be constructed and maintained in ihe 0.046 acre area described and visually depicted in Exhibit 66 j 999 which is attached and made a part of this document, and that the surface of the Park after installation of the subsurface drainage pipe and outfall shall be constructed in a manner so that the Park rnay still be used for, to the extent possible with the presence ofthe subsurface drainage pipe and 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 pxior to the Project. SECTION 2. The installation and maintenance ofthe subsurface drainage pipe and outfall shall be_..p...�.__...� (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 welfaxe of the City. `�(,t�'ui 1.c�� :3: During construction of the Project, temporary use of such additional Park propert� 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. ��:�' 6IC�I� �. 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 SUBSURFACE DRAINAGE PIPE AND OUTFALL AND RES�RVATiON OF EASEMENT IN THE �VENT OF SALE OF PARK99 which is attached as Exhibit "�99 with said Notice including the appropriate ordinance number and exhibits after the passage and approval of this ordinance. ��.�C�"1'�� 5. The rights and benefits set forth in this ordinance nnay not be assigned without the express wxitten 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 ,��•�� . day of September, 2016. �� .�, � Y �` � � �� i� .�.. e. � am�_ � �w �._. CHRIS '��TTS,1�1A"Y�OR . ., , . . , ,, I.' , �, � . . . . �. - � � �� _ �� ti_ By, e � ��,,,��.... �.�. �.e.,_Q ..�,� `.__ � Exhibit 1 � � (A .� � 16' WIDE DRAINAGE EASEMENT 2,000 SQUARE FEET OR 0,046 ACRE CITY OF DENTON ROBERi BEAUMONT SURVEY, ABSTRACT N0. 31 DENTON COUNTY, 7EXAS REMAINDER OF CITY OF DENTON VOL. 647, PG. 245 D,R.D,C�T� ,,�r �� - a,, v �t�s � --- :,° Found '"`'^" � 1/2" Iron Rod ..ajf1'° CIRF "�HB INC" LOT CV-1 NORTH LAKE SHOPPING CENTER ADDTION DOCUMENT No. 2015-362 P.R,D.C.T, NOTES: L�' WIDE DRAINAGE EASEMENT �� S87°25'S2"E . ., r� �4£i�.�116 "�� GOODWILL INDUSTRIES OF FORT WOR7H, INC, VOL, 3030, PG. 682 D,R,D,C,T. �_,� ... _ Line Table Line # dlrectlon Length �_.��.._�, .. LS N32°44'45"E 30,21' �L2 N64°43'38"E V..V 76.24' L3 N49°G3'39"E 33,84' L4� �540°16'28"E 16A0' I L5 S49°43'3S"W 35,95' . � L6 564°43'38"W 103.97' w 1, Basls of bearing beln� State Plane Grld - Texas �� North Central Zone (0.202) NAD83 as establlshed h� using GPS Technology In conJunctlon wlth the RTK �' N Cooperative Network, Reference frame is NAD83 a � Cors96 Epoch 2011,0000, Z 2, All distances shown are at ground, LEGEND � DRDCT,,,,,,Deed Records Denton County, 7exas CIRF,,,,,,,,,,Capped Iron Rod Found IRF.,.,,,,,,,.,Iron Rod Found POB,,,,,,,,,,Polnt of BeglnnBng POC.,,,,,,,.,Point of Commencing PRDCT.,,,,,,Plat Records Dentan County, Texas � . c � '� POC� I, John G, Margotta, a Registered Professional Land Surveyor CIRF Ilcensed In the State of Texas, do hereby declare that thls -� —• _� survey is true ar�d correct �rrd was prepar�d fr��n an �ct�aC U. S. H/GHWA Y 380 survey made unc��r my su�ervlsion on th� �r~��r��, Furt�er, thls survey c�anfprms to the general rules of pr�cedur�s and I�YEST UN/1/ERS/TY DR/l/E practices of th� rnost current Professional C��}d Surv�ying VARIA9LE WIDTH PUBLIC RIGHT—OF—WAY) PracticesAct, � BAIRD, HAMPT�N & BROWN, INC. ` EN�INEERIN� & 51JRVEYING e�no �ayi�a Piooe, s�o, �oo, �. worth, rx re>>e mallObhbino.�rom 817-3J8-1277 www.bhbina,00m BHB ProJeot /Y014,167,W0 TBPE Flrm F-44 7BPLS Flrm 1U011300 � � .._mm�.. �.��._ A ...� . m � ss �G, Margotta Itr��,i�i€�red Professlonal Land Surveyor No. 5956 Date; luly 22, 2016 f}I�AIN�c� �nSCni�'.r�r r��;+�', � � 1 �, 1 ' 1 . '' ,' . ' ' � 1 . � � �. . , .; �. . � � 1 �' . � ,�; . . . . . �.,�� . ! �� f .I � :� ! .;. , ! :.,� R��: � R :.� , � '1� ��'1 �� . . � �� .. � ► ��£ � l... 1 ! ��. ! .. �: �: /�' I. � �:� , �'... / '- � ��h:. .. . ' :;. � .� � .� � � �.. ;. ��. ♦ ♦ � l �,. � � � � � ♦. ��; - ! '' � ♦ �::. , ,, : � ♦ �:. ♦ .:/ � � � � ".. ♦ �: ! ':! � � ♦ � • '�otice of_Non-Park Uy� fi�r i��_t; � � On September 20, 2016, the City Council of the City of 1) municipal carporation ("City"), passed Ordinance No. 2016 -�� which allows the City, in accardance with the �•ec��air�e��YGnt� �ii�'��ak� Wildlife Code, the permanent and perpetual use in, tilori�,��i;��,�, ,� � w��r� '� �. ay �� 4� '�°�,,,� �"w �� 1;��, a Texas home rule � �� (See "Exhibit "A") :�,, ._ _ ��'��° 26 of the Texas Parks and ��•ac�cr, over, and across a 0,046 acre portion of North Lakes Park (66Park99) appl'ax��t�� l��t south of Dam 16A, located at 2001 W, Windsor Drive, Denton, Denton �'c�t�� `�� `�'��, for the sole purpose of installing, constructing, repairing, maintaining, altering, �°�;��jz��g relocating, rebuilding, removing, and aperating a subsurface drainage pipe and c��t�liir�t��c� all necessary and related facilities and appurtenances. The specific location for il��, ��ak�.�� ol'"i��. Park used far the subsurfaee drainage pipe and outfall is rnore particularly cl��•�t��,�i�'��z�vi�u�llIy depicted in Exhibit "B", The Park is more particularly described in Exhibit 66C.,;' �,�,�l;y�,��91`�; 66A," 66B," and 66C" are attached to this document ,�,� �� "` and made a part of the same, �' ,�a .� �` � ��_� a � �,�,� � 2. ��•��i��i� ��i' i��ras��ic�� w� ��ve�t ��i ��4�_c��" !'"�Y�°lc — �,,� , �a ` I�a t�e �:�r�r��t cl��;�£� �t��1:� tl�� J��z��, �v�icl� is t��,��a•i��:d i�� xl�i�si� "�,'" t1�� Ci�y ��e:�c�a•ves � ��;�r��c,�t �nd d��°,�•��c�"Eii'�� I��it{�w��;�� e��a��7� 4i�� r��c�� c��` �i�st�t��in�, �c�t7��a��ctan�, �•c��airir��, . . � . . � � � �r��i��rx��i�, �a1t�t��t�`��,'�a•��I4��J�a��, �°�1c��.�ii��, ��.t��1di�� a�ca��va��, �a�t� ��c��t�� .rb��•�'a�c: cia��a�� i�� i��,l� c`�°��°��ta i, �ax��;i at� nc�c��ai•� �n� �•�ia��.� f ��ilitie� ��c� ��a��u�•��t�� i��, ��z�� c��, ��g��l��s;"t5�v�r°,��G�� •t�� tt�c l�a�� cai�e� i�� hi�it `��:�'� ica��1�� wi�l� t1�c �3i�;1�� i it��;r�� c� �.n��ti��:�� i��:t��•� f�ar �uc�x pu��}��scv�. �� dditi��n t� t�� •��a�ti€�iz t>�` �� t��•��c�rt� �s��,�� t;''��31�"��i r�i�l� tc��i�;�a�y� �rca�•1� ��t� ��.�z��r�t i:� r��ci �c�j��.��t ��s ��n�4 ��it�i�� 1�� a ` * 4 ��'�a��t��,"m��9 t�� u�•��n�z��.s71 c��er��.r�t it=t��t cl��c;��i��t� i�� l��ii3i�s �`�3". `l°�a't;� �a��n�r�t s��.1I �•�� vvit�� !, t�� ;:`e��,`i� i��r�r3r�c:��al�, ��c� is ir�r t��: �c�rz��t �f �� C�ity ��t� t.l�� C�aty�'s ��;��ss�t°� �z�c� a��;i��. Executed the day af , 2016. �• � • . • �.. • • � �, . �,. . . � . � . . � . . . �.. . . . . � . � � � ► � � �, � ,., : ' ! 1 ! Howard Martin, Interim City Manager AC O"'�'�,�+ �[�MENT ,� `�� w a"�.�:� STATE OF TE S § ��'�°� ��, � DENTON COUNTY § , � �� ,,,,�� ,� �� ,� � �,E �� This document is acknawledged before me, on the _ day af ��; ��:� * , 2016, , ^� �q, � . by HOWARD MARTIN, Interim City Manager, Denton, a T��,��,��t��°' rule municipal corporation, known to me to be the person whose name is subscrik��:�stc� ��fi�regoing instrument and acknowledged to me that the same was the act of the said C`a i�''c� 1� ��.��t��, Texas, a municipal corparation, that he was duly authorized to perform the sainc l�� t'��, �,"�ty Council of the City of Denton and that he executed the same as the act of said �"�[�,�l��ii�'�I�� purposes and consideration therein axpressed and in the capacity therein stated. `��fi` �°� � , ,� � �, � 4�A4�� u� `�� *�� zw ��, � � ��,� �,� �� a n� c�� , � �� s _ w.� ..,� � �'��t��c, Sta�c uf Texas � Approved as to legal form: ,� �� 4 Anita Burgess, City Attoz nc�; ��;t ��°'� �� , ,� �� v k� {�: �;`, � � »,� � �, i'v , ,,, .� Y� �� w .e �,� —��o ,� � r ..,.. �� ti �� } , .��, � ' _ � , , da �, � � ,�� x , "� �� §t. 1 .x 3 � { . �� ti � S Y� 4 ��h �f ��. 4 �l 11 y; r� �F � � 1 . W- j � ��t "� k v �i�N .,.. /�fi�.�� °c�E�rdit��;, returnto: Paul Williamsan, Real Estate & Capital Support Manager City of Denton 901-A Texas St. Second Floor Denton, Texas 76209 _ �. � �, : * � • � • �-• •' . . � , � . . � ; � . �•: , , . , , � . • � � . � • , • . • .,• ! s �"�•` •- EXHIBIT "A" 16' WIDE DRAINAGE EASEMENT 2,000 SQUARE FEET OR 0.046 ACRE CITY OF DENTON ROBERT BEAUMONT SURVEY, ABSTRACT NO. 31 DENTON COUNTY, TEXAS BEING a tract of land situated in the Robert Beaumont Survey, Abstract Number 31, Denton County, Texas and being a portion of the remainder of a tract of land described in a deed to the City of Denton, recorded in Volume 647, Page 245, Deed Records, Denton County, Texas and being more particularly described by metes and bounds as follows (Basis of bearing being State Plane Grid - Texas North Central Zone (4202) NAD 83 as established using GPS Technology in conjunction with the RTK Cooperative Network): COMMENCING at a the southeast corner of the North Lakes Shopping Center Addition, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Document No. 2015-362, Plat Records, Denton County, Texas, same on the North Right-of-Way line of U.S. Highway No. 380 (West University Drive, a variable width right-of-way); THENCE North 00°47'15" East, with the east line of said North Lakes Shopping Center Addition, a distance of 924.57 feet to a found 5/8 inch capped iron rod marked "BHBINC" for the northeast corner of said North Lakes Shopping Center Addition and the westernmost northwest corner of a tract of land described in a deed to Goodwill Industries of Fort Worth, Inc., recorded in Volume 3030, Page 682, of said Deed Records and being on the south line of said City of Denton tract; THENCE South 64°43'38" West, with the common line of said City of Denton tract and said North Lake Shopping Center Addition, a distance of 30.28 feet to a point for corner for the POINT OF BEGINNING; THENCE over and across said City of Denton tract the following courses and distances: North 32°44'45" East, a distance of 30.21 feet to a point for corner; North 64°43'38" East, a distance of 76.24 feet to a point for corner; North 49°43'39" East, a distance of 33.84 feet to a point for corner; South 40°16'28" East, a distance of 16.00 feet to a point for corner; South 49°43'38" West, a distance of 35.95 feet to a point for corner; THENCE South 64°43'38" West, at a distance of 46.48 feet passing the northernmost northwest corner of said Goodwill Industries tract, at a distance of 73.69 feet passing the said westernmost northwest corner of said Goodwill Industries tract and the said northeast corner of the said North Lakes Shopping Center tract, in all, a total distance of 103.97 feet to the POINT OF BEGINNING, containing 2,000 Square Feet or 0.066 acres of Land, more or less. SURVEYOR'S CERTIFICATION I, John G. Margotta, a Registered Professional Land Surveyor licensed in the State of Texas, do hereby declare that this survey is true and correct and was prepared from an actual survey made under my supervision on the ground. Further, this survey conforms to the general rules of procedures and practices of the most current Professional Land Surveying Practices Act. ! G. Margotta Registered Professional Land Surveyor No. 5956 Date: July 22, 2016 BAIRD, HAMPT❑N & BROWN, INC. ENGINEERING & SURVEYING 4550 State Hwy 360, Ste. 180, Grapevine, TX 76051 mail�bhbinc.com 817-251-8550 www.bhbinc.com BHB Project # 2015.724.000 TBPE Firm F-44 TBPLS Firtn 10011302 �Jrt�royng: �:�Su�rv�yaS��87'�4i34] Lincoln Pe�pe�Ei�s��wg�,�a��CY��iE CiF��+,lNA�� V4' E ,, � ' 0 60' , �. j ��; SCALE: 1" ��'" Ry . � �"` ,. � �" � 16' WIDE DRAINAGE EASEMENT 2,000 SQUARE FEET OR 0.046 ACRE CITY OF DENTON ROBER7 BEAUMONT SURVEY, ABSTRACT NO. 31 DENTON COUNTY, TEXAS �~ '" �� REMAINDER OF GTY OF DENTON VOL. 647, PG. 245 D.R.D.C.T. ,�� l.�+- � �:U � `a,, ��,.� r �� "' s .z�, Found 1/2" Iron Rod :�iJ;�'° CIRF "BHB INC" :i6' WIDE DRAINAGE � EASEMENT *� S87°25'S2"E ` 488.10' GOODWILL INDUSTRIES OF •''` FORT WORTH, INC. � VOL. 3030, PG. 682 D.R.D.C.T. I NOTES: (A LOT CV-1 NORTH LAKE SHOPPING CENTER ADDTION DOCUMENT No. 2015-362 P.R.D.C.T. Line Table Line # Direction Length � L1 N32°44'45"E ' 30.21' L2 N64°43'38"E 76.24' L3 mm N49°43'39"E I 33.84' L4 ' S40°16'28"E '' 16.00' - L5 Yn�n 549°43'38"W 35 95' L6 564°43'38"W y 103.97' w 1. Basis of bearing being State Plane Grid - Texas �^ North Central Zone (4202) NAD83 as established ^� using GPS Technology in conjunction with the RTK � N Cooperative Network. Reference frame is NAD83 � � Cors96 Epoch 2011.0000. Z 2. All distances shown are at ground. LEGEND DRDCT......Deed Records Denton County, Texas CIRF..........Capped Iron Rod Found IRF............Iron Rod Found POB..........Point of Beginning POC.,........Point of Commencing PRDCT..,...,Plat Records Denton County, Texas SURVEYOR'S CERTIFICATION POC - I, John G. Margotta, a Registered Professional Land Surveyor CIRF licensed in the State of Texas, do hereby declare that this � — �- �-.- survey is true and correct and was prepared from an actual U, S. H/GHWA Y 380 survey made under my supervision on the ground. Further, this survey conforms to the general rules of procedures and WEST UN/l�ERS/TY DA/!�E practices ofthe most current Professional Land Surveying vARIABLE WIDTH PUBLIC RIGHT-OF-WAY) practicesAct. , � G. Margotta �� BAIRD., HAMPTON & BRowN, INc. ��red Professional Land Surveyor � B ENGINEERING & SLJRVEYING No.5956 6300 Ridglea Pia�a, sce. �oo, Ft. Worth, nc �s�is Date: luly 22, 2016 mallmbhbinc.com 817-338-1277 www.bhbinc.com BHB ProJect /2014.787.W0 iBPE Flrm F-44 TBPLS Flrm f0011300 Drawing: �::�Suev�yi5""�1�7�,t7i7(} k.r�ta:aln f�r�xperti�s�,CFwr��TFs1T� �if�A:s'�tAC�� EASEMENT REVISED.dwg DR VOL 00647 PAGE 245 R..._ u . ,_� �X�'1 �^ ..,.. ,.�.�,..e_. e , �,i��G .� 'vo� 64% rncE245 A•96—\VARRANTY DEED—WItE Single, Joint ond Wllc'e Sepon�e AcknoNled¢menl� MARTIN S�a�looary Co., Dulta THE �'�,�T`:� �iF �",��, ... Know All Men By These Presents: County of......�� :t"�?�k ........................ . ... 3339� rnac �. x. s�rs��g �e'�,�� rs�s ��r�a��;s ��ax��, � s�r�c�� u, x��vr�u��,�x ��a r�� s�� '(7�2 �'H:� �STAT� C�i" T�Ia�L�� . ��i�S�iS�;r �?��SED �7A 745 �1�iiFY'�NP�EP�°T' 1��Ci1�`{]i� �j:F F''ST�'�� OF �ILLTE �. �i'�T',,"C(7E, i��.�S�l� of the County of Dentori , State oF Texas for and in consideretion ot the sum of "--------------------.---......_ Tt�ro Hundr�d Tan Thousand, Five Hundx�ed And F'ifty And No/100 (�210�550.00)-DOLLAR5, �a him in 6and paid by �he City oP Aenton, Texas, cash, the reoeipt of which is hereby acknowledged 6ave Grunted, Sold and ConveyedG and by these presenls do Grant, Sell and Convey unto the said ' City,o� Denton, Texas, a Municipal Corporatlon of khe County of � nent6ri . , State of T6xa5 �� all that ccrtain 42.1�j3 acre tract, or parcel o£ land situated in the Rober�. Beaumont Survey, Abstrabt�No. 31, City and County of Dentorl, Texas, said tract being part o£ �hat tract conveyed to J. H. Briacoe by deed recorded in Volume 321, Page 590 of the Deed Records o£ Denton County,. Texas, said tract being;•iuther described herein by metes and bounds as follows: BEGINNING foz the northweat,corner of this, at a steel rod set in the eas:�ern li,ne of- Bonnie Brae S.�rest, sa��.;c� pdint Tying,east 26:5' feet and 173,3.3 ,feet southerly of the northwes� �oxr�er ot the aforementioned J. H„ Bris�og �ract� :. THENCE"nor,�h 89°� 57' east 1461.6 feet ta a=steel rod so� in�the east line! of 'th9 s�id J. H.-Briscoe Tract; •' THENCF south 0° 52' eas� 1100.4 feet to �he_northeaet corner o� 5 acre tract called McDOnald and Whi�ehead Tract, a steel rod•£ound; •'. THENCE north 89° 06' 30" west at z27.� feet the northwest corner of said 5 acre tract, overall' 488.1 feet to a steel rod; . � THENCE south 63° 03' west 1081.9 feet to a ateel rocl set in the eastern lin� of Bonnie �Ya� Streetj . THENCE north 0° 56' 30" west 1581.96 Eeet with the said eastern line of Bonnie Brae Street to the place of beqinninq. ; DR VOL 00647 PAGE 246 ! ; t � ' `vo� 647' rasE246 � �� { � � � � � E TO iiAVE AND TO EiOI.]] the above descrlbed premises, together with all and singutar, tl�e rights and sppurtcuances thereto in anywlse belonging unto the said City of Deriton, TAXas � a MuniCipal Corporatior�, its successors and �bAips�ootoaslgns forever; and I do hereby bind myself � my hclrs, ea;eculors and admiuistrators, to Warrant and F'orover Defend•' all and singular the sald premises unto the said City of De'nton, Taxas, its sucoeseors ��4� and ,a9signs, againsC every person whomsoever law[ully daiming, or to clalm the same, or any part lhcrcof, Nitness m hand at �� Y Denton, Texas ihis .5 day of June , A•D, 19 72 Nilnesses at Request of Granto� ' . .......... ......... ......... ........� ,...,.a...... � � ��,,,1..'..�G�'. l�`�r.�. ... .. .. .....,. ..,.,.. ........... . H.. HRISCOE, a/k/a JAMES HUGHES .......................... .........�, .,.....,.. ..��5��,..,.,�..,5.�33:T�fi �s...��{.�,...�N��3,T47T�7UA�L'Y . ........ ..... ' ANb A� TRUSTEE FOF2 THE ESTATE OF .�.T.��S.�..,�.,....�IL��t?�5.�....�j��hR.��-��£�t7�• fi�S. 2�3�7��ENDENT ��U�'�R pE ��ATE OF .i,�"�L�,�•..L:.,....iikt��iJE.,y,.,�a�;��+ .............. �'HE S'.CATE OF TEXAS,� COV:ITY €}i�..��'�� ' H6FORE ME� the undewlgned uuthorily, 1� :s»d lvrsaid Cmuaxkg�, �'cx:�a, an eHais �lay per�aan€ty n��rnaecd .,.a7..,..„2�,.,...13i�S,�.�{;i�,�.�:....r'��ktf„�.,.;e7.�t+i�; s,..HC7�%I�.�...�,.,. ,. �3��.�,.'"�k'r..J iqi,..� ��%�t�,..��'?,x.....?�.IIT�.7i�!T1,33�I,5.' ,.15?eW� At�.�.....'�'��.�`!'.'.��`.,.�'r �'�.�....'.l �i��,... �",,�",:°.�,°.�`.�.`�+,..4,�$.'..,. �,IT.�i� �. 23R�SCU& r 5��A��87 AC��Y A� T��.��P•.�"X' ��'�CU't'fi12 fl�' iS��,�."�C (3�' �,a...�'��,%��"�i,,� ...,.��'S�C�i•{,.."��AS�I`7 Cu�.avrn ko srr� dra-4r�etlilt�p�asun..,,.�...w,wt��e se�ann.�.... ...�.a,�.�,,.,..y�tt,a.crl�ed.ka ii�c iara�c�In� Esx��:r€�ex5rnt, anr� ��c4�ssa�aPadgesl to ns� that .._.,,_...hs,� a"�,_,�,�e� PF�aib� eeamc Car the ptarp�s� msrd cteaul�mratEv�s iluexe3n csi�rsucd, �� " 7�`s � [;y� �ii � �ih8�'� A1tiL;t S�A% �'� �il�i��CL� 7h4s..� ...,,,�iay n!, ,....3��'� . . ri.i#. i4��;�»... µ ��si�•� �`.,� � �-�� ~-.. . . r � ,�........ �. � ..�. _ �- .� �,„,� . ........,,. �' •�`5� � � � ` �icsR�ry P�abUc�.�.,,... ...f5�'i�,"�.'i��......,�.. ........C.aesntv� 'i"�za� n- ' °' yIy Commfsslon Expha j'�td�,,. 1 , 19.... 73. F-a.... " � .�_.�.-�.,�.�, — -- _ m."'� _ _ .... _. e,�... _._ _ � W-._-q_,�-_—; FiLED FQR RECORD:�DAY �� i�,D.197� dtf,'/ o'C1oCk�1. RECORDED: /�_DAY tti �� n,D.197$ at �:/�c,'Clock_�M. BY DP:PUTY� TIIETA ['ARKER, COUNTY CLCRK - ____ . DENTON COUNTY, TEXAS IAAIIII - -�- y. �� C ��