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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