2005-333
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ORDINANCE NO. 21JtJ!r 333
AN ORDINANCE GRANTING APPROVAL OF THE USE OF A PORTION OF PEBBLE
BROOK OPEN SPACE PARK FOR THE PURPOSE OF ELECTRIC UTILITY EASEMENTS
IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE;
PROVIDING FOR A PUBLIC UTILITY 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 may be used for a non-park purpose if the City Council finds
after notice and hearing that thcre 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 electric utility service to the City of
Denton by improving Loop 288 and relocating utilities onto certain areas within Pebble Brook
Open Space Park; and
WHEREAS, the City of Denton desires to provide the public utility easements since
alternative options would not be feasible and prudent; and
WHEREAS, the City provided notice in the Denton Record Chronicle on October 10,
17, and 24, 2005 of a Public Hearing to be held on November I, 2005 in the Council Chambers
to consider the alternatives to the use of City Park for the public utilities relocation project; and
WHEREAS, the City Council on November I, 2005 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
Pebble Brook Open Space Park resulting from the public utility easements; 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 is no feasible and prudent alternative to the
use of the park land and that the subject utilities relocation 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 I. Thc public utility easements proposed by the City of Denton Municipal
Electric Utilities (the "Project") shall be constructed and maintained within the park property
described in Exhibits A and B attached hereto and made a part hereof for all purposes (the "Park
Property"), and that the surface of the park after installation of the utility lines be constructed in a
manner so that the park land may still be used by its patrons after completion of the Project in the
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same manner it was used prior to the Project, except for the pole, guy wires, manhole and utility
vault shown in Exhibit B.
SECTION 2. A public utility easement 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 provision 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. Construction plans shall be submitted to the City for approval prior
to any work.
SECTION 3. During construction of the Project, temporary use of such additional park
land 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 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 the
/:jf day of <flh)fm~
,2005.
c~~e-t
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B~~ uln ~ 10, A~
APPROVED AS TO LEGAL FORM:
EDWIN M. ~ CITY TORNEY
BY:~
Page 2 0[2
,.
Exhibit A
A rthur Surveying Co., Inc.
Professional Land Surveyors
P.O. Box 54 _. Lewiavillc. Texas 75067
Office: (972)221-9439..... llax: (972)221-4675
20' EASEMENT EXHIBIT
Page 1 of3
Being a 0.452 acre tract of land situated in the ME. P. & P. R. R Survey, Abstract No. 947, in the City of
Denton, Denton County, Texas, and being a part of Lot 2, Block A, Pebblebrook Addition, an addition to
the City of Denton, according to the Plat thereof recorded in Cabinet 0, Page 264, of the Plat Records of
Denton County, Texas, and being more particularly described as follows:
COMMENCING at a 5/8 inch iron rod found at the westernmost northwest comer of said Lot 2, same
point being in the east line of Loop 288 (a 120 foot right-of-way), same point beiog the southwest corner
ofa tract of land conveyed to Dana J. Beavers, as described by deed recorded in Volume 3373, Page 10, of
the Real Property Records of Denton County, Texas (R.P.R.D.C.T.);
1HENCE South 89 degrees 58 minutes 10 seconds East, a distance of 20.00 feet to a point in the south
line of said Beavers tract and the north line of said Lot 2, same point being the northeast comer of an
existing 20 wide easement same point being the westernmost northwest comer and' POINT OF
BEGINNING of the berein described riel, same point being on a non-tangent cnrve to the left with a
mdins of 450.00 feet and whose chord bears North 59 degrees 52 minutes 30 East, a distance of 437.23
feet;
1HENCE along the southeast line of said Beavers tract and the northwest line of said Lot 2, through a
central angle of 58 degrees 07 minutes 52 seconds, an arc length of 456.56 feet to a 5/8 inch iron rod
found for comer;
THENCE North 30 degrees 50 minutes 30 seconds East, continuing along the southeast line of said
Beavers tmct and the northwest line of said Lot 2, a distance of 364.30 feet to a 5/8 inch iron rod found
for comer at the . southernmost corner of a tract of land conveyed to Craig Irwin and Dale Irwin, as
described by deed recorded under County Clerk File No. 95-ROO50144, R.P.R.D.C.T.;
1HENCE North 30 degrees 36 minutes II seconds East, along the southeast line of said. Irwin tract and
continuing aloog the northwest line of said Lot 2, a distance of 153.32 feet to a 5/8 inch iron rod found for
comer in the southwest line of a 30 foot right-of-way dedication as shown on said Plat recorded in Cabinet
0, Page 264, same point being the northernmost comer of said Lot 2;
1HENCE South 59 degrees 23 minutes 50 seconds East, along the southwest line of said 30 foot right-of-
way dedication and along the northeast line of said Lot 2, a distance of 20.00 feet to a point for comer;
THENCE traversing across said Lot 2, the following courses and distances:
South 30 degrees 36 minutes 11 seconds West, a distance of 153.36 feet to a point for comer;
South 30 degrees 50 minutes 30 seconds West, a distance of 364.34 feet to a point for comer at
the beginning of a non-taogent curve to the right with a mdins of 470.00 feet and whose chord bears
South 59 degrees 52 minutes 30 seconds West, a distance of 456.64 feet;
THENCE along said cnrve to the right, through a central angle of 58 degrees 07 minutes 40
Exhibit A
A rthur Surveying Co., Inc.
Professiona.l Land Surveyprs
P.O. Box 54 -. Lcwisville. Texas 75067
Office: (972) 221-9439 -- l"ax: (972) 221-4675
20' EASEMENT EXHIBIT
Page 2 of3
seconds, an arc length of 416.66 feet to a point for comer, same point beiog the east line of said 20 foot
easement;
1HENCE North 01 degrees 06 minutes 08 seconds West, along the east line of said 20 foot
easement, a distance of 20.00 feet to the POINT OF BEGINNING and oon..ining a total of 0.452 acres of
land, more or less.
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Exhibit A
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Page 3 of 3
DANA J. 8EA VERS
VOL. JJ7J, PC. 10
R.P.R.O.C. T. N 30"36'11
15J.32'
S 59"2:5'50- C
20.00'
LOT 1, 8LOCK A
N 30'50'30- C
364.30'
R- 450.oo~ L- 456.56'
&< 58'07'52-
Chd. Brg.- N 59'52'30- C
Chd. L- 4:57.2:5'
S 30'50'30- W
364.:J4'
LOT 2, 8LOCK A
PE8BLEBROOK ADDtnON
CAB. 0, PC. 264
20'. EASEMENT
0.452 ACRE
OEDICA TfD TO CITY OF DENTON AS PARK
N 01'06'08- W
II 20.00'
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6= 58'07'40-
Chd. Brg.- S 59'52':50- W
Chd. L= 456.64'
EASEMENT
EXlHBlT
ME.P. It P.RR SURV8Y,
ABS'l'RACT NO. 947
CITY OF DENTON
DENTON COUNTY, TEXAS
_IlliG 2t1' EASD/ENT
08-16-05
1"= 200'
SWIM
-A. rthur Surveying Co~ Inc.
Professional Land Surveyors
972-22,-94J9 Fo" 972-221-4675
220 Elm Street Suft. 200 p,a BO>I 54
LeMswm.. T."",," 76087
. DRAWN BY: SWIM
JOE NO.: 600949486.1365.3600
250825.dwg
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Exhibit B
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A rthur Surveying Co., Inc.
Professional Land Surveyors
P.O. Box. 54 -- Lcwi8villc~ Texas 75067
Officc: (972)221-9439 - Fax: (972)221-4675
30'X60' EASEMENT EXHIBIT
Page 1 of2
Being a 0,043 acre tract of land situated in the ME. p, & P. R R Smvey, Abstract No. 947, in the City of
, Denton, Denton County, Texas, and being a part of Lot 2, Block A, Pebblebrook Addition, an addition to
the City of Denton, according to the Plat thereof recorded in Cabinet 0, Page 264, of the Plat Records of
Denton County, Texas, and being more particularly descnOed as follows:
COMMENCING at a 5/8 inch iron rod found at the westernmost northwest corner of said Lot 2, same
point being in the east line of Loop 288 (a 120 foot right-cl"-way), same point being the southwest comer
of a tract of land conveyed to Dana 1. Beavers, as descn1Jed by deed recorded in Volume 3373, Page 10, of
the Real Property Records of Denton County, Texas (R.P.RD.C.T.);
THENCE South 89 degrees 54 minutes 21 seconds East, a distance of 20,00 feet to a point in the south
line of said Beavers tract and, the north line of said Lot 2, same point being the northeast comer of an
existing 20 foot wide easement;
THENCE South 0 I degrees 06 minutes 08 seconds East, departing the south line of said Beavers tract and
the north line of said Lot 2, and along the east line of said 20 foot easement, a distance of 20.00 feet to the
northwest corner and POINT OF BEGINNING of the herein described tract, same point being on a non-
tangent curve to the left with a radius of 470,00 feet and whose chord bears North 85 degrees 16 minutes
18 seconds East, a distance of 60.12 feet;
THENCE departing the east line of said 20 foot easement and traversing across said Lot 2 the following ,
courses and distances:
Along said curve to the left, through a central angle of 07 degrees 20 minutes 03 seconds, an arc
length of 60,16 feet to a point for comer;
South 01 degrees 06 minutes 08 seconds East, a distance of33.80 feet to a point for comer;
South 88 degrees 53 minutes 52 seconds West, a distance of 60.00 feet to a point for comer, same
point being in the east line of said 20 foot easement; ,
THENCE North 01 degrees 06 minutes 08 seconds West, along the east line of said 20 foot easement, a
distance ofJO,OO feet to the POINT OF BEGINNING and containing a total of 0.043 acre ofland, more or
less.
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. 972-221-IUJ9 f<>>l fl72-221-467!S
220 Elm St....t. SuIte 200 P.D. 80x 54
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DAlE:
SCALE:
CALC. BY:
08-16-05
1.... 20'
SWIM
DRAWN BY: SWIM
JOE NO.: 600949486.1365.3600
250B25.DWG
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Page
DANA J. BEA VERS
VOL. 3373, pc. 10
R.P.R.D.C. T.
R== 470.00', L==, 60; 16'
A- 07J~g~6'18" E
Chd. Brg.== 6012'
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LOT 2, BLOCK A
PEBBLEBROOK ADDITION
CAB. 0, PC. 264
5 88.53'52" W
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DEDICA TED TO CITY OF DENTON AS PARK
EASEMENT
EXlOBIT
DENTON COUNTY, TEXAS
ME.P. It P.RR SURVEY,
AJJSTRN::T NO. 94'1
CITY OF DENTON
/