2006-204
S:\Our Documents\Ordinances\06\Lakc Forest Park Natural Gas Pipeline.doc
ORDINANCE NO. .2.066 - :? 0'1
AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE
SUBSURFACE USE OF A PORTION OF THE LAKE FOREST PARK APPROXIMATELY
468.8 FEET FOR THE PURPOSE OF A NATURAL GAS PIPELINE IN ACCORDANCE
WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR
THE ISSUANCE OF LICENSE; 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 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
the harm to the park resulting from such use; and
WHEREAS, the City of Denton desires to cooperate with the NGG Gathering Company
in the development of Natural Gas Pipeline by providing a license for the construction of a
Natural Gas Pipeline 468.8 linear feet across the frontage of Lake Forest Park; and
WHEREAS, developer NGG Gathering Company desires to construct the Natural Gas
Pipeline across Lake Forest Park since alternative options would not be feasible and prudent; and
WHEREAS, the City provided notice in the Denton Record Chronicle on June 26, July 3,
and July 10, 2006 of a Public Hearing to be held on July 18,2006 in the Council Chambers to
consider the alternatives to the use of City Park and Recreational land for the subject natural gas
pipeline project; and .
WHEREAS, the City Council finds that there is no feasible and prudent alternative to the
use of the Park land and that the natural gas line project when constructed in accordance with the
provisions of the license as described below ;Vill minimize the harm to the park land resulting
from the proposed subsurface use of such park land effected shall remain useable for the park
patrons once the construction of the natural gas pipeline are completed; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The natural gas line proposed by the NGG Gathering Company, be
constructed and maintained below the surface of the park property described in Exhibit A, which
is attached hereto and made a part hereof for all purposes, and that the surface of the park after
installation of the natural gas line be constructed in a manner so that the park land may still be
used by its patrons after completion of the project in the same manner it was used prior to the gas
line project.
SECTION 2. A license which is revocable as required by law be composed by the City
Manager or his designee and approved by the <;:ity Attorney allowing the use of the park property
as referenced above with appropriate provision to insure the improvements are constructed in
*P - ~ ~t
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 the City
for the fair 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 improvements above, NGG Gathering Company
may have temporary use of such additional park land necessary to stage the construction of the
improvements as may be approved by the Director of Parks and Recreation Department and at
the completion of the construction activities for the above improvements 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 License above grantee shall, to the extent allowed by law, constitute a
covenant running with the land and be filed in the Deed Records of Denton County, Texas.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /fJIJi day of 0~./r
,2006.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By ~,;{~^ WoJ1uA/
By:
Page 2 of2
Coleman & Assoc. Land Surveying
P.O. Box liHIi
DCIlLoIl, 'l'exas 76202
Phone (940):;li5-8215 Fax (940)51i;;-9H(X)
Exhibit "A"
25 foot Gas Easement
City of Denton
Lake Forest Park Tract
FIELD NOTES to all that certain tract ofland situated in the T. Labor Survey Abstract
Number 779 and being part the called 69.320 acre tract described in the deed from The
Evangelical Lutheran Good Samaritan Society of Sioux Falls to the City of Denton,
Texas recorded in Volume 5224, Page 2912 of the said Real Property Records of Denton
County, Texas; the subject tract being more particularly described ad follows;
BEGINNING for the Northwest comer of the herein described tract at a Y, inch iron rod
found on the South Right-of-Way of Ryan Road at the Northwest comer of the 69.320
acre tract;
THENCE South 89 Degrees 10 Minutes 18 Seconds East with the South Right-of-Way of
Ryan Road and the North line of the 69.320 acre tract a distance of 468.8 feet to a Y, inch
iron rod found at the Northeast comer thereof;
THENCE South 00 Degrees 32 Minutes 36 Seconds East with the East line of the 69.320
acre tract a distance of25.0 feet;
THENCE North 89 Degrees 10 Minutes 07 Seconds West, 25 feet South of and parallel
with the South Right-of-Way of Ryan Road, a distance of 468.8 feet to the West line of
the 69.320 acre tract;
THENCE North 00 Degrees 32 Minutes 36 Seconds West with the West line of the
69.320 acre tract a distance of25.0 feet to the PLACE OF BEGINNING and enclosing
0.269 of an acre of land.
Together with a 25 foot temporary Construction Easement South of and adjacent to the
above described easement as shown by Exhibit "B" attached hereto.
T. LABOR SURVEY ;'-779
Il. BRITTO~ sui~EY ~., .
CALLED 16.999 Ac.l.
RYAN, WAYNEetux
. VOL. 730, P. 599 "
/
/
DRAWN:
CHECKED:
REVISED:
CF
MGD
N/A
JOB#:
DATE:
SCALE:
foV
0"
G~ "-
:<.'" ~'"
-,!:>O-e.SV"<-
~-e.
:<.~
:i'
-,!:>0.,oI;
6'" ~v
.p<;!
25' PERMANENT
EASEMENT
0.269 OF AN ACRE
I
RYAN ROAD
~ -I
u:>i~
<~~
~!:j"'-I
~ ~
.~~
~'"~
O:>i .
,"<...l
..J-.~
:;I
U
S OO'32'3S"E 25.0'
. I
t-
~
TRACT I
CALLED 30.369 ACRES J
THE EV. LUTHERAN GOOD
SAMARITAN SCOCIETY OF
SIOUX FALLS, SOUTH
DAKOTA
VOL. 1623. P. 58
~D
EXHIBIT ~
25' GAS EASEMENT WITH 0 50
25' TEMPORARY CONSTRUCTION EASEMENT
IN THE C. POULALlER SURVEY A-100S
CITY OF DENTON
DENTON COUNTY, TEXAS
CALLED 69.320 ACRES
CITY OF DENTON
VOL. 5224. P. 2912
"LAKE FOREST PARK"
L
CALLED 80 Ac. Tr. 18 JUSTIN
INDUSTRIES. INC.
TO ACME BRICK CO.
V. 3127/P. 930
N
I
200
Coleman & Associates
Land Surveying
1005
2-16-04
l' = 300'
P. O. BOX 686 DENTON, TEXAS 76202
PH(940)565-8215,FAX (940)565-9800.
WWW.COLEMANSURVEYING.COM
@ 2003 COLEMAN & ASSOC. SURVEYING
~<o
~O
i9~<O~
-,!:>O ~I'
t-
I
I
I
I
I
!l
I
I
I
I
I
I
I
:1
I
I
I
I
I
I
I
!I
I
I
CALLED 22.982
ACRES
JOHNNY UY
VOL. 1531 P.237
CALLED 58.103 ACRES
STEWART F AMIL Y
LIVING TRUST
C.F.N.01-ROOI28090