19-0241 1 9 0 4
1 a E �� 1. a E ,,
i 1 ! 1
USE FOR INSTALLING AND MAINTAINING a SANITARY AND
RESERVATION OF EASEMENTa OF '• 1
I' 1
WHEREAS, Chapter 6 of the Texas Parks of - Code provides that publicr
designated and used as a park may be used for a non-parkpurpose if the City Council.,
notice and hearing that there is no feasible and prudent alternative to the use of such land for the
proposed project• • project•- reasonable planning to minimize harm to
the park resulting from such use; and
WHEREAS, the City of Denton desires to use approximately 492 linear feet through Lake
Forest Park ("Park") for installation and maintenance of a sanitary sewer line ("Sanitary Sewer
I Park Addition'
WHEREAS, there are no feasible and prudent alternatives available for the location,
�nstallation, and maintenance of ••• -• Sanitary Sewer Infrastructure for the Project; r
WHEREAS, the City provided - Denton Record-Chronicle-e•
installation2019, December 21, 2019, and December 28, 2019 of a Public Hearing to be held on January 8,
2019 in the Council Chambers to consider the alternatives to the non -park use of the Park for the
- . of -
WHEREAS, the City Council on January 8, 2019 received testimony at a public hearing
on the issues of •- and prudentto the non -park use• Park for.
installationand that the Project includes all reasonable planning to minimize harm to the Park resulting from
the • maintenance of and
WHEREAS, the City Council finds that the Project does not fall within the purview of
%�ection 253.001 of • -Code;
non-parkWHEREAS, the City Council finds that there are no feasible and prudent alternatives to
the of Park and that the ProposedSewer Infrastructure includes all
SECTI ' 0 ' N - 1. The installation and maintenance of a sanitary sewer line across a portion
of Lake Forest Park ("Park") to serve the needs of the Lake Forest Park Addition to the City,
including the Good Samaritan East Tract Offsite Utilities, (the "Project") shall be constructed and
maintained under the surface of the Park in the area described and visually depicted in Exhibits
and "B" which are attached and made a part of this ordinance, and that the surface of the Park,
after installation of the sanitary sewer line, shall be restored in a manner so that the Park may still
be used for landscape plantings, fencing, signage, park related utilities, and/or 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 a 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
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 Deyartment, However at the completion of the construction activities for
to the beginning of such construction activities.
St"CTION 4. The City Manager, or his designee, after approval by the City Attorney, shall
execute the "NOTICE BY THE CITY OF DENTON OF NON -PARK USE FOR THE
INSTALLATION AND MAINTENANCE OF A SANITARY SEWER LINE AND
RESERVATION OF EASEMENT IN THE EVENT OF SALE OF PARK," attached hereto as
Exhibit "Cand 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.
The motion to approve this ordinance was made by
and seconded
by ....... .. . . .. . . ...... . . ............................ the ordinance was passed J`ild approved by the
following vote
Aye Nay Abstain Absent
Mayor Chris Watts: V
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
N
John Ryan, District 4:
Deb Armintor, At Large Place 5: ................M
Paul Meltzer, At Large Place 6: V e.
PASSED AND APPROVED this-,-,,"-__ day of Jr„ 2019.
) I ^� lol/�A�/
CHRIS WA (,7
MA .................. _ , .....
YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By:
LEGAL DESCRIPTION
BEING a tract of land situated in the N. Britton Survey, Abstract No. 51, Denton County, Texas, and being a portion
of Lot 1, Block A, Lake Forest Park Addition, according to the Final Plat thereof recorded in Cabinet W, Page 349 of
the Plat Records of Denton County, Texas, and being a portion of a called 69.320 acre tract of land described in a
deed to City of Denton, Texas, as recorded in Volume 5224, Page 2912 of the Deed Records of Denton County,
Texas, and being more particularly described as follows:
COMMENCING at a 1/2 inch iron rod with plastic cap stamped "RPLS 4561" found for the northeast corner of said
Lot 1, being on the southerly right-of-way line of Ryan Road, a variable width right-of-way;
THENCE South 1 °14'50" East, departing the southerly right-of-way line of said Ryan Road and along the easterly line
of said Lot 1, a distance of 820.99 feet to the POINT OF BEGINNING of the herein described easement tract;
THENCE South 1 °14'50" East, along the easterly line of said Lot 1, a distance of 16.00 feet to a point for corner;
THENCE South 88045'10" West, departing the easterly line of said Lot 1 and crossing said Lot 1, a distance
of 331.36 feet to a point for corner;
THENCE North 59048'55" West, continuing across said Lot 1, a distance of 160.82 feet to a point for corner on the
westerly line of said Lot 1;
THENCE North 1 °14'50" West, along the westerly line of said Lot 1, a distance of 18.75 feet to a point for corner;
THENCE South 59°48'55" East, departing the westerly line of said Lot 1 and crossing said Lot 1, a distance
of 166.10 feet to a point for corner;
THENCE North 88'45'10" East, continuing across said Lot 1, a distance of 326.86 feet to the POINT OF
BEGINNING, and containing 0.181 of an acre (7,881 square feet) of land, more or less.
,w
....................
SYmd 'W A GIJNAAN SYLVIANA GUNAWAN
REGISTER °II PROFESSIONAL 6461
LAND SURVEYOR NO. 6461
5750 GENESIS COURT, SUITE 200 "
FRISCO, TEXAS 75034 41
PH. 972-335-3580�y
sylviana.gunawan@kimley-horn.com VVV
,UNAWVA�N SYLVIANA '102011d Z35 ISM K.WRk_S'URVq"YW69306i728-GOOD SAMARITAN EAST TRA
EXHIBIT "A"
16' PUBLIC SANITARY SEWER
EASEMENT
N. BRITTON SURVEY, ABSTRACT NO. 51
DENTON COUNTY, TEXAS
PHASE 1OF -�
..... �
RIDGEMONT ADDITION
CAB. O, PG. 196
RIGHT-OF-WAY -
P.R.D.C.T.
DEDICATION
BLOCK
XF IRF
cn6. o, PG.19s
P.R.D.C.T.
�/ /� A' ROAD
1/2" IRF
1/2" IRFC •• R i A V RO„D - RYA ROAD DEDICATION
"RPLS 4561" VOLUME 845, PAGE 32, D.R.D.C.T.
8' P.U.E. 17.5' RIGHT-OF-WAY
RIGHT-OF-WAY CAB. W. PG. 349, DEDICATION
DEDICATION N P.R.D.C.T CAB. W, PG. 349
CAB. F. PG 36 P.R.D.C.T.
P.R.D.C.T. 7
LOT 1, BLOCK A
LAKE FOREST GOOD
SAMARITAN VILLAGE
CAB. F, PG. 36
P.R.D.C.T.
L(yap`? " 119
. C
--APPROXIMATE LOCATION
OF ABSTRACT LINE
U
LU
J"�( 01
M Z M
r"+
MFcnw�
0 75 10
_ 0010
UJUJ
_1
1
_
W
GRAPHIC SCALE IN FEET
LOT 1, BLOCK
LAKE FOREST PARK ADDITION
1
CAB. W, PG. 349
1
P.R.D.C.T.
1
CALLED 69.320 ACRES
CITY OF DENTON, TEXAS
VOL. 5224, PG. 2912
I 1
D.R.D.C.T.
WETLAND
MITIGATION AREA
N 1 ° 14'50"W
�c CITY OF DENTON
18.75'—
x 1 ORDINANCE NO.
660, 2004-154
7 7
_�---
5 N88045'10"E 326.86'
16' PUBLIC SANITARY
/ SEWER EASEMENT
0.181 ACRE (7,881 SQ. FT.)
SYLVIA A GUNAWAN
REGISTERED PROFESSIONAL.
LAND SURVEYOR NO. 6461
5750 GENESIS COURT, SUITE 200
FRISCO, TEXAS 75034
PH. 972-335-3580
sylviana.gunawan@kimley-horn.com
U)I
1 I
40 C. POILLALIER SURVEY
BLOCK ABSTRACT NO. 1006
L _
-1/2" IRF APPROXIMATE LOCATION
OF ABSTRACT LINE
-1/2" IRFC
"RPLS 4561"
25' RIGHT-OF-WAY NGG GATHERING COMPANY,
L.L.C. PIPELINE EASEMENT
DEDICATION , DATED 10/02/2006
CAB, FP36
CAB, (UNRECORDED EASEMENT;
DESCRIBED AS 15' AND
DEPICTED AS 25')
P.O.C. PORTION OF
LOT 1, BLOCK A
LAKE FOREST GOOD SAMARITAN VILLAGE
CAB. F, PG. 36
P.R.D.C.T.
REMAINDER OF TRACT 4
CALLED 84.897 ACRES
THE EV. LUTHERAN GOOD SAMARITAN
SOCIETY OF SIOUX FALLS, SOUTH DAKOTA
VOL. 1623, PG. 58
D.R.D.C.T.
LEGEND
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
IRSC = 5/8" IRON ROD W/ "KHA" CAP SET
IRFC = IRON ROD W/CAP FOUND
D.R.D.C.T. = DEED RECORDS OF DENTON
COUNTY, TEXAS
P.R.D.C.T. = PLAT RECORDS OF DENTON
COUNTY, TEXAS
O.R.D.C.T. = OFFICIAL RECORDS OF DENTON
COUNTY, TEXAS
NOTES
331.36' All bearings shown are based on grid north of the
8045'10"W Texas Coordinate System of 1983 using the City of
Denton control monumentation. All dimensions
S1 °14'50"E shown are ground distances. To obtain a grid
16.00' distance, multiply the ground distance by the Project
I Combined Factor (PCF) of 0.999850925.
1 EXHIBIT "B"
. OF 16PUBLIC SANITARY SEWER
�txr, EASEMENT
N. BRITTON SURVEY, ABSTRACT NO. 51
DENTON COUNTY, TEXAS
SYLVIANA GUNAWAN
6461 #"
,.. Rv
S8
16,
I X*00514yald 11JUTWXVKGNMFHMtL
111TICE B 1 1 1r
MAINTENANCE OF A SANITARY SEWER LINE
AND RESERVATION OF EASEMENT IN EVENT OF SALE OF PARK
1. Notice of Non Park Use for Installation and Mahimiaiieca sami air sewer line
On Jaiwary 8, 2019, the Ci ty (.1ouned of the City ot'Denton a 71 exas municipat home -
rule corporatiori ("City") passed Ordinance No. 2019 (See 'TNhibit "A")
which allows the City, in accordance with the requirements of Chapter 26 of the Texas
across a part of Lake Forest Park ("Park"), located at 1760 Ryan Road, Denton, Denton
County, Texas, for the sole purpose of installing, constructing, repairing, maintaining,
altering, replacing, relocating, rebuilding, removing, and operating a sanitary sewer line,
reJzt�4
location for the areg-
of the Park used for the sanitary sewer line is more particularly described, and visually
depicted, in Exhibit "B." Exhibits "A" and "B" are attached to this document and madi
part of the same.
2. Reservation of Easement in the Event of Sale o1'J1ii1,k i 1p flk
qr_t , rtion cal" ar
In the event the City sells the Park, or the portion of the Park described in Exhibit "B"
jilC; d _q ni'lgrient anDernetual sanitar e
replacing, relocating, rebuilding, removing, and operating a sanitary sewer line, and all
necessary and related facilities and appurtenances, in, along, upon, under, over, and across
for such purposes. In addition to the reservation of the permanent easement, a 16-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
and is for the benefit of the City and the City's successors and assigns.
Executed the yi, k dayof Jd,11UarH 2019
. . ............ . -, �7 . ... .................... ...... ,
PAGE 2 of 2 — NOTICE BY THE CITY OF DENTON OF NON -PARK USE FOR THE INSTALLATION AND
MAINTENANCE OF A SANITARY SEWER LINE AND RESERVATION OF EASEMENT INTiIE EVENTOF SALE OF
PARK
CITY I"
Todd Hilenian," Manger
I Iq
110MEMMI
'J'his doeunient is acknowledged belbre inc, oil j day of 2019, by
anon, 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, a Texas home -rule 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 purposed and consideration
therein expressed, and in the capacity therein stated.
JA NI E E. �i i C 1� D S �) t,,J
�8otw,,(
ORV1t PuEZb!
:qh!i�k�!, iSw1e'27 2Th021
s (y
2"
'of
W ��11 Q� %ota yPublic,State of Texas
.............
Aaron Leal, 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
PARK
1 1 1 I ! '
OF LAKEFOREST PARK FORTHE PURPOSE1 MAINTAINING
NEEDSA SANITARY SEWER LINE TO SERVE THE ,
ADDITION,PROVIDINGFOR DENTON 1'NON-PARK
USE FOR INSTALLING 1'; MAINTAINING A SANITARY SEWER LINE AND
RESERVATION OF EASEMENT IN THE EVENT OF SALE OF PARK; 1'
PROVIDING AN EFFECTIVDATE.
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 492 linear feet through Lake
Forest Park ("Park") for installation and maintenance of a sanitary sewer line ("Sanitary Sewer
Infrastructure") to serve the Lake Forest Park Addition (the "Project"); and
WHEREAS, there are no feasible and prudent alternatives available for the location,
installation, and maintenance of the Proposed Sanitary Sewer Infrastructure for the Project; and
WHEREAS, the City provided notice in the Denton Record -Chronicle on December 14,
2019, December 21, 2019, and December 28, 2019 of a Public Hearing to be held on January 8,
2019 in the Council Chambers to consider the alternatives to the non -park use of the Park for the
installation and maintenance of the Sanitary Sewer Infrastructure; and
WHEREAS, the City Council on January 8, 2019 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 the Sanitary Sewer Infrastructure; 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 Proposed Sanitary Sewer Infrastructure 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 across a portion
of Lake Forest Park ("Park") to serve the needs of the Lake Forest Park Addition to the City,
including the Good Samaritan East Tract Offsite Utilities, (the "Project") shall be constructed and
maintained under the surface of the Park in the area described and visually depicted in Exhibits
"A" and "B" which are attached and made a part of this ordinance, and that the surface of the Park,
after installation of the sanitary sewer line, shall be restored in a manner so that the Park may still
be used for landscape plantings, fencing, signage, park related utilities, and/or 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 a 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.
S-EC TiON 44. The City Manager, or his designee, after approval by the City Attorney, shall
execute the "NOTICE BY THE CITY OF DENTON OF NON -PARK USE FOR THE
INSTALLATION AND MAINTENANCE OF A SANITARY SEWER LINE AND
RESERVATION OF EASEMENT IN THE EVENT OF SALE OF PARK," attached hereto as
Exhibit "C," 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.
S [."C`hI ON6. 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.
The motion to approve this ordinance was made by � ��� �. � i� �'��Y, and seconded
y t t ........ -- the ordinance was passed and approved by the
vote following l. -
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Aye Nay Abstain Absent
In
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6: mm mmmmmm m
PASSED AND APPROVED this dayVOS,MM
Jamy, 2019.
ell
CHRIS WA ����OR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By•
PHASE 1OF
RIDGEMONT ADDITION N
CAB. O, PG. 196 RICH I'ul -WAY
DBE rICA VION
BLOCK P.R.D.C.T. r`AP.i. ( Pc 191a
XF 1!2" IRF
......, _ 1/2"IRFC w� �.......RYANR �. _._.
PJR'D CA
Y ROAD DEDICATION
"RPLS 4569 VOLUME 845, PAGE 32, D.R.D.C.T.
40 C. POILLALIER SURVEY
BLOCK ABSTRACT NO. 1006
-- ...L___....
—1/2" IRF °.- APPROXI'MAM LOCATION
OF ABSTRACT LINE
1/2" IRFC
"RPLS 4561"
; .. ,-.. 8' P.U.E.��.....
....... w, 17.5' RIGHT-OF-WAY®._. _.... _..
_.
2V
RIGHT-OF-WAY CAB. W, PG.
349, DEDICATION
25' WAY
DEDICATION ' P.R.D.C.T.
CAB. W, PG. 349
DEDICATION
CAB. PG. 36
CAB. F, PG. 36
P.R.D.C.T.
P.R.DC.T.
,
P.R.D.C.T. it
LOT 1, BLOCK
LAKE FOREST GOOD
SAMARITAN VILLAGE
CAB. F, PG. 36
.� 10�
351Rt'
P.R.D.C.T. APPROXIMATE LOCATION
OF ABSTRACT LINE
d
® NORTH N. O"51
�z ej
N
Q ~ ° 75 150
mF (n w ® ............._--..
hwrn� oo _.........
Uwww
GRAPHIC SCALE IN FEET
LOT 1, BLOCK
LAKE FOREST PARK ADDITION
1 CAB. W, PG. 349
1 P.R.D.C.T.
CALLED 69.320 ACRES
CITY OF DENTON, TEXAS
VOL. 5224, PG. 2912
1 1 D.R.D.C.T.
WETLAND
MITIGATION AREA
N1014'50"W w CITY OF DENTON
91, ORDINANCE NO.
18.75 7 va
e� 2004-154
L
%
NS9;6iq , . N88045'10"E 326.86'
/ 16' PUBLIC SANITARY
/ SEWER EASEMENT
0.181 ACRE (7,881 SQ. FT.)
SYLVNAf�A GUNAWAN
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6461
5750 GENESIS COURT, SUITE 200
FRISCO, TEXAS 75034
PH. 972-335-3580
sylviana.gunawan@kimley-horn.com
NGG GATHERING COMPANY,
L.L.C. PIPELINE EASEMENT
DATED 10/02/2006
(UNRECORDED EASEMENT;
DESCRIBED AS 15' AND
DEPICTED AS 25')
1- P.O.C. PORTION OF
LOT 1, BLOCK A
LAKE FOREST GOOD SAMARITAN VILLAGE
CAB. F, PG. 36
P.R.D.C.T.
REMAINDER OF TRACT 4
} CALLED 84.897 ACRES
THE EV. LUTHERAN GOOD SAMARITAN
SOCIETY OF SIOUX FALLS, SOUTH DAKOTA
VOL. 1623, PG. 58
D.R.D.C.T.
>_ LEGEND
LL
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
IRSC = 5/8" IRON ROD W/ "KHA" CAP SET
IRFC = IRON ROD W/CAP FOUND
D.R.D.C.T. = DEED RECORDS OF DENTON
COUNTY, TEXAS
N P.R.D.C.T. = PLAT RECORDS OF DENTON
00 COUNTY, TEXAS
w O.R.D.C.T. = OFFICIAL RECORDS OF DENTON
COUNTY, TEXAS
zi
a
r
u7
NOTES
331.36' All bearings shown are based on grid north of the
8045'10"W Texas Coordinate System of 1983 using the City of
Denton control monumentation. All dimensions
S1 °14'50" E shown are ground distances. To obtain a grid
16.00' l distance, multiply the ground distance by the Project
ti Combined Factor (PCF) of 0.999850925.
I EXHIBIT "B"
OF
16PUBLIC SANITARY SEWER
�Iri, EASEMENT
N. BRITTON SURVEY, ABSTRACT NO. 51
DENTON COUNTY, TEXAS
SYLVIANA GUNAWAN
6461
"F E S SDI
I
S8
5750 Genesis Cowl, SOW. Kirinlps
y Tel. No. (972) 335-3580
ate
1'= 950' 7exe�rr,�SGyY�MKHH A 90 993822 /20/2018 0693067260
Fax No. 2) 335-27F2
; YLWANA 1/8/2019 2:49 PM K:1FRI SURVEY\069306728-GOOD SAMARITAN FAST I R.A4�',Tir)WGNEASEMEN'rV)Cig.1,067'28 16'