2008-317s:\our documents\ordinances\08\chap 26 ordinance north lakes park ~~~ater utility easements 12-9-08.doc
ORDINANCE NO. of DO~ ~~ 7
AN ORDINANCE GRANTING APPROVAL OF THE USE OF A PORTION OF NORTH
LAKES PARK FOR THE PURPOSE OF WATER LINE IMPROVEMENTS IN
ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE;
PROVIDING FOR AN EASEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public
land designated and used as a park maybe used for anon-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 improve water utility service to the City of
Denton by extending a major water transmission line across a 4.623 acre section through North
Lakes Park; and
WHEREAS, the City of Denton desires to provide a water line easement since alternative
options would not be feasible and prudent; and
WHEREAS, the City provided notice in the Denton Record Chronicle on November 18,
25, and December 2, 2008 of a Public Hearing to be held on December 9, 2008 in the Council
Chambers to consider the alternatives to the use of City Park for the water utilities project; and
WHEREAS, the City Council on December 9, 2008 received testimony at a public
hearing on the issues of no feasible and prudent alternative to the use of the property for the
proposed project and that the project includes all reasonable planning to minimize harm to the
North Lakes Park resulting from the water utility improvements; and
WHEREAS, the City Council finds that the project does not fall within the purview of
Section 253.001 of the Texas Local Governrrlent Code; and
WHEREAS, the City Council finds that there is no feasible and prudent alternative to the
use of the park land and that the subject water utilities project 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 water utility improvements proposed by the City of Denton Municipal
Water Utilities (the "Project") shall be constructed and maintained below the surface of the park
property described and depicted in Attachment 1, Public Water Line Dedication Easement,
which is attached hereto and made a part hereof for all purposes, and that the surface of the park
after installation of the water utility improvements be constructed in a manner so that the park
5:'Our Documa~ts'Ordmmcc~DStCTap 260rdmmce Nonh Leta Puk waa Utility F s®cus 12-9-0S.doc
land may still be used by its patrons after completion of the Project in the same manner it was
used prior to the Project.
SECTION 2. A water line easement, substantially in the form referenced herein as
Attachment 1, shall be signed by the City Manager or his designee and approved by the City
Attorney allowing the use of the park property for the Project as referenced above with
appropriate provisions to insure the improvements are constructed in accordance with City
Subdivision Rules and Regulations; protects the patrons using the park from injury and damage
both during and after construction of the Project; compensates for the reasonable market value of
the use herein granted 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
land necessary to stage the construction of the improvements maybe approved by the Director of
Parks and Recreation Department. However, at the completion of the construction activities for
the Project such additional park land shall be restored to the condition to which it existed prior to
the beginning of such construction activities.
SECTION 4. The rights and benefits set forth in this ordinance may not be assigned
without the express written consent of the City.
SECTION 5. The findings contained in the preamble of this ordinance are incorporated
into the body of this ordinance.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
~~ (//, /
PASSED AND APPROVED this they day of ~/t~=~~Iri~S~/~i , 2008.
MARK A. BURROUGHS, AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B y:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
B y:
Page 2 of 2
Attachment 1
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 ]N THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
PUBLIC WATER LINE DEDICATION EASEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
That the CITY OF DENTON, TEXAS, a municipal corporation (the "City"), for and in
consideration of the sum of TEN DOLLARS AND NO CENTS ($ 10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby
dedicates to the public's use an easement for water line utility facilities, along with the
customary uses attendant thereto, over, under, through, across and along all those tracts or
parcels of land described in Exhibit "A", Exhibit "C", and Exhibit "E" and illustrated in Exhibit
"B", Exhibit "D", Exhibit "F", and Exhibit "G", all attached hereto and made apart hereof by
reference for all purposes.
This easement is for the purpose of constructing, using and maintaining water line facilities in
accordance with the approved plans and specifications for the contemplated North-South 42"
Water Main Project, which will best serve the public while at the same time, protecting the
integrity of the existing City park land. The uses authorized by this easement are subordinate to
the City's use of the easement area as park land.
Persons responsible for the construction of improvements within this easement shall comply with
the following terms:
1. Repair, modify, or reconstruct the water line utility facilities (and customary uses
attendant thereto) authorized above to comply with all applicable City ordinances, rules
and regulations.
2. Repair and restore any improvements in the easement azea, lawfully placed therein by the
City, its agents, employees or independent contractors or by others pursuant to an
easement, agreement, or license granted by City, damaged by the negligence of such
persons or their agents, employees, or independent contractors working in the easement
azea with such persons' approval, in constructing and maintaining water line utility
facilities.
3. The easement area is City park land. After all work is performed the surface of the
easement area shall be restored so that such park land may be used by patrons of the park
in the same manner it was used prior to the work being performed. ~~
In addition to the grant of the permanent easement herein, a 30-foot wide temporary work space
easement is hereby granted southerly of and easterly of the respective easements tracts described
and depicted herein.
This easement will terminate if the easement area is used other than in compliance with the
design as reflected in North-South 42" Water Main Project plans.
This easement is authorized by the City Council of the City of Denton, Texas, pursuant to
Ordinance No. 2008- ~~ 7 which was adopted after the City complied with the provisions
of Chapter 26 of the Texas Parks and Wildlife Code.
EXECUTED this the ~ day of D~VC, , 2008.
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON, TEXAS
George C. Campbell
City Manager
~,, ~ -
This instrument is acknowledged before me, on this the / day of 2008,
by GEORGE C. CAMPBELL, City Manager of the City of Dentc~~,, Texas, a municipal
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 for the purposes and consideration
therein expressed, and in the capacity therein stated.
`~o.~~*~~;., JANE E. RICHARUSON
_ Notary Fubfi~. State of Texas
" :~~„'~ fviy Cc:nmiss~en Expires
~~~'%„°5~~ Jung 27. 7~iG9 ~l
s
7
Notary Public, State of Texas
Approved as to legal form:
John M. Knight, Interim City Attorney
f /
EXHIBITi4~
LEGAL DESCRIPTION
PERMANENT WATER LINE EASEMENT
BEING 2.062 acres of land located in the N. H. MEISENHEIMER SURVEY,
Abstract No. 810, Denton, Denton County, Texas, and being a portion of the
tracts of land conveyed to the City of Denton, by the deeds recorded in Volume
697, Page 217, Volume 706, Page 126, Volume 704, Page 265, Volume 676.
Page 341, and Volume 697, Page 213 of the Deed Records of Denton County,
Texas. Said 2.062 acres of land being more particularly described by metes and
bounds as follows:
BEGINNING at a point being located S 00° 52' 12" W 45.00 feet from a '/:° iron
rod found at the Northwest comer of the City of Denton Tract, recorded in
Volume 706, Page 126, and the most Northerly Northeast corner of City of
Denton Tract, recorded in Volume 697, Page 217 of the Deed Records of
Denton County, Texas;
THENCE S 88° 40' 48' E 282.23 feet, to a point;
THENCE along the North boundary line of said City of Denton Tracts.
recorded in Volume 704, Page 265, Volume 676. Page 341 and Volume
697, Page 213 of the Deed Records of Denton County, Texas, as follows:
1. N 65° 31' 43" E 611.94 feet, to a 5/8° iron rod found at the
Southeast corner of a tract of land conveyed to Samuel J. Marino
and wife, Dorothy Q. Marino, by the deed recorded in Volume 1087,
Page 244 of the Deed Records of Oenton County, Texas;
2. N 65° 21' 45" E 500.00 feet, to a 5/8" iron rod found;
3. S 89° 39' 16" E ~ 1058.74 feet, to a point;
THENCE S 31° 08' 56" W 34.93 feet, to a point:
THENCE running along a line 30 feet South of and parallel to the North
boundary line of aforesaid City of Denton Trails, as follows:
1. N 89° 39' 16" W 1034.20 feet, to a point,
2. S 65° 21' 45' W 493.40 feet, to a point;
3. S 65° 31' 43" W 618.85 feet, to a point:
THENCE N 88° 40' 48" W 838.13 feet, to a point lying in the West
boundary line of City of Denton Trail, recorded in Volume 697, Page 217
of the Deed Records of Denton County, Texas;
THENCE N 00° 18' 2Q E 30.00 feet, along the West boundary line of
said City of Denton trail, to a point;
THENCE S 88° 40' 48" E 549.56 feet, to the POINT OF BEGINNING,
containing 2.062 acres (89,804 square feet) of land.
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DENTON, TEXAS
CITY OF
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215 EAST McKINNEI' STKF.ET
DENTON, TEXAS 76201
`~ HATER LINF. IMPROVEhiENT PROJECT
DENTON, DENTON COUNTY, TEXAS
RRITTAIN & CRAWFORD
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DENTON COUNTY, TEXAS
NORTH
EXHIBIT~~C''
~~I.EGAL DESCRIPTION
PERMANENT WATER LINE EASEMENT
BEING a 30-foot wide strip of land located in the ROBERT BEAUMONT
SURVEY, Abstract No. 31, Denton, Denton County, Texas, and being a portion
of the tract of land conveyed to the City of Denton, by the deed recorded in
Volumes 697, Page 651 of the Deed Records of Denton County, Texas. Said 30
foot wide strip of land being more particularly described by metes and bounds as
follows:
BEGINNING at a point lying S 29° 12' 37" E 98.72 feet from a '/~" iron rod
found at the Southeast corner of Lot 1, Block 1, North Lakes Fires Station
Addition, to the City of Denton, Denton County, Texas, according to the
plat recorded in Cabinet G, Page 330 of the Plat Records of Denton
County, Texas;
THENCE N 30° 18' 16° E 313.41 feet, to a point lying in the South
boundary line of a tract of land designated as Tract III in the deed to
Rayzor Investments, Ltd., recorded in Volume 2935, Page 537 of the
Deed Records of Denton County, Texas;
THENCE S 88° 51' 16" E 30.00 feet, along the South boundary line of
said Rayzor Investments Tract to a point;
THENCE S QO° 15' 48" W 7.59 feet, to a point;
THENCE S 30° 18' 16° W 304.04 feet, to a point;
THENCE N 89° 50' 29" W 34.69 feet, to the POINT OF BEGINNING,
containing 0.215 acre (9,375 square feet) of land.
W D.70."°tG1I•' LADEN TOx'RVl E 75
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EXHIBIT
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NTON
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DENTON, DENTON COUNTY, TEhAS
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SURVEY ABSTRACT No. 31 & N.H. ~
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Iv=: A;FM, tFY45 'SING MEISENHEIMER SURVEY ABSTRACT No.
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EXHIBIT~E~~
LEGAL DESCRIPTION
PERMANENT WATER LINE EASEMENT
BEING 2.346 acres of land located in the ROBERT BEAUMONT SURVEY,
Abstract No. 31, Denton, Denton County, Texas, and being a portion of the tracts
of land conveyed to the City of Denton, by the deeds recorded in Volume 621,
Page 68, Volume 584, Page 167, Volume 664, Page 652, and Volume 664, Page
651 of the Deed Records of Denton County, Texas. Said 2.346 acres of land
being more particularly described by metes and bounds as follows:
BEGINNING at a point in the South boundary line of said City of Denton Tract,
recorded in Volume 621, Page 68, lying N 64° 46' 21" E 28.43 feet from
an "X" cut in concrete found in the West right-of-way line of Bonnie Brea
Street, at the Southwest corner of said City of Denton Tract;
THENCE N 01 ° 05' 20" E 35.92 feet, to a point;
THENCE N 45° 54' 26" E 38.42 feet, to a point;
THENCE N 00° 36' 30" E 105.55 feet, to a point;
THENCE N 89° 23' 30" W 10.00 feet, to a point;
THENCE N 00° 36' 30" E 20.00 feet, to a point;
THENCE S 89° 23' 30" E 10.00 feet, to a point;
THENCE N 00° 36' 30" E 1250.20 feet, to a point;
THENCE N 89° 23' 30" W 10.00 feet, to a point;
THENCE N 00° 36' 30" E 20.00 feet, to a point;
THENCE S 89° 23' 30" E 10.00 feet, to a point;
THENCE N 00° 36' 30" E 1560.11 feet, to a point;
THENCE S 89° 50' 29" E 408.37 feat, to a point;
THENCE S 30° 18' 16' W 34.69 feet, to a point;
THENCE N 89° 50' 29" W 361.18 feet, to a point;
THENCE S 00° 36' 30° W 2938.61 feet, to a point;
THENCE S 45° 54' 26° W 38.57 feet, to a point;
THENCE S 01° 05' 20' W 8.71 feet, to a point lying in the South boundary
line of aforesaid City of Denton Tract, recorded in Volume 621. Page 68 of
the Deed Records of Denton County, Texas;
THENCE S 64° 46' 21" W 33.47 feet, to the POINT OF BEGINNING,
containing 2.346 acre (102,193 square feet) of land.
YA20®.LIXFI.'OE/.TpLPYAE N
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- DENTON
TEYAS 215 Fr~ST McK1NNEY STREET
, DENTON, TE?~AS 76201
14ATER LINE i?~iPROVEMENT PROJECT
DENTON, D);NTON COUNTY, TEXAS
I~RITTAIN & CI2AISFORD • x i
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'"" '""°""°"~"°""""" COUNTY, TEXAS SCALE 1"=200'
ccxcl rr\s..VNOC.noro~\rfwcNO~_Prau_usc_zA\tan\owc.
% PAGE 2
EXHIBIT`"
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1 j i' CITY OF DENTON
z ~ j ~ ~~ VOL 887, PAGE 217
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VIINDSOR WEST g ~ao'2e'E 108.97•
CITY OF DENTON
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TEXAS
DENTON 215 FAST 11cKINNEY s'I'REET
, DENTON, TEXAS 76201
1+VATER LINE IMPRO'EMENT PROJECT
DENTON, DENTON COUNTI', TEXAS
i BRiTTAIN & CRAWFORD
L1ND SURVEYING &
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2.346 ACRE OF LAND ~`
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ABSTRACT No. 31, DENTOtv', DENTON
`"`"''""0°"~~-""`°``'" COUNTY, TEXAS SCALE 1 ~~=200
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