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2005-333 S:\OUf Dr"OnlCllls'{),dinanccs\05\O,ap 16 OrdiIJ.ncc Pebble 3rool< Open Space hrll'Jw.ric Utility E.Selllell!S 11_I_05.doc 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 S:\O",DocumelllslO,din.nee,\OS\Ch.p160rdinaJ1ccPcbblcBroolOpcltSpaceP.rlElcetric UlililyE.""1lI0nLSII_I_Oi.dne 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. ~ ~ t'-t o -:::-0 ~1:1 ~ p ~~ '-Q:) Q:) DATE: SCALE: CALC. BY: Exhibit A ~4~~ #'o~. 74r.tJl; J.B. ADDtnON '.tPr ~ .7>~~ :e~ 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' II~ I~ ~ R- 470.OO~ L- 416.66' 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 "............. ,H""" Exhibit B -=-, ."" 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. , "'-" ~'.'-..-" ,- " -. ,..... .<..:." ,'." . ~ ~ Exhibit B I I I I I I S 89'5<'2r' E I 20.00' t:---t ,,0 ~O ~~ $:) cl\1 CO CO 5~ I.R.F. '" ..~ "'Sll ~&1 ... ~ S! <> tl. ~ ! ~ Ii. rthur Surveying Co~ Inc. Pro fesslon 01 Land Surveyors . 972-221-IUJ9 f<>>l fl72-221-467!S 220 Elm St....t. SuIte 200 P.D. 80x 54 ~,r.I/W'P.ii)67 DAlE: SCALE: CALC. BY: 08-16-05 1.... 20' SWIM DRAWN BY: SWIM JOE NO.: 600949486.1365.3600 250B25.DWG :-,..,,' ,.~, 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' Chd. L- . - P~~ENT 20' ~~ -- - tI) o ~d "0) Ole; qCil . .." I I I I 60.00' LOT 2, BLOCK A PEBBLEBROOK ADDITION CAB. 0, PC. 264 5 88.53'52" W ~ !D r- 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 /