2005-083AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE
SUBSURFACE USE OF AN APPROXIMATE 0.138 ACRE PORTION OF THE CROSS
TIMBERS PARK 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 A LICENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Chapter 26 of the Texas Parks of Wildlife Code (the "Code") provides that
public land designated and used as a park may be used for a non-park purpose only if the City
Council finds after notice and heating 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 Cross Tex Pipeline Company (the "Licensee") desires to construct a
natural gas pipeline across Cross Timbers Park because alternative options are not feasible and
prudent; and
WHEREAS, in accordance with the requirements of the Code the City provided notice in
the Denton Record Chronicle on February 7, February 14, and February 21 ora Public Heating
to be held on March 1, 2005 in the Council Chambers to consider the alternatives to the use of
City Park and Recreational land for the subject natural gas pipeline project (the "Project"); and
WHEREAS, the City Council on March 1, 2005, conducted a public hearing as required
by the Code; and
WHEREAS, the City Council finds that Section 253.001 of the Texas Local Government
Code is not applicable because this does not involve the sale of park land; and
WHEREAS, the City Council finds that there is no feasible and prudent alternative to the
use of the park land for the Project and when constructed in accordance with the provisions of
the license as described below the Project includes all reasonable planning to m/nimize the harm
to the park resulting from such use; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The City Council hereby authorizes the issuance of a license to Licensee,
below the surface of an approximate 20-foot wide park property described in Exhibit "A" and
depicted in Exhibit "B" both of which are attached hereto and made a part hereof by reference
(the "License Area"), for the installation of a natural gas pipeline. The license which is revocable
as required by law will be composed by the City Manager or his designee and approved by the
City Attorney allowing the snbsurface use of the License Area 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 the City for the reasonable market value of the use
herein granted and generally protects the health, safety and general welfare of the City. The
natural gas pipeline will be installed by boring.
SECTION 3. During construction of the natural gas pipeline Licensee may have
temporary use of an approximate 25 foot wide area adjacent to the License Area as depicted in
Exhibit "B" to stage the construction of the natural gas pipeline (the "Temporary Construction
Area"). The License shall contain provisions to ensure that the use of the Temporary
Construction Area will not interfere with the use of the park. At the completion of the
construction activities for the natural gas pipeline the License Area and Temporary Construction
area shall be restored to the condition they were in prior to the beginning of such construction
activities.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the / --5-2p day of ~'~ff,~J~/~,, ,
2005. L
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS~ITY SECRETARY
By.'~%~ ~;L_~
APPROVED AS TO LEGAL FOX:
HERBERT L. PRO, L~, CITY/~TTORNEY
By: ~~,
S:\Our Docuraetds~Co.lracts\05~Cross Timbers Park Gm Linc-Tcx ei~ll.c do~age 2 of 2
Coleman & Assoc. Land Surveying
P.O. Box 686
Denton, Texas 76202
Phone (940)565-8215 Fax (940)5654~800
Exhibit "A"
20 foot Gas License Area
River Oaks Addition
FIELD NOTES to all that certain tract of land situated in the J. Rogers Survey Abstract
Number 1084 in the City of Denton, Denton County, Texas and also being part of Lot 1,
Block V of the River Oaks Addition as shown by the plat recorded in Cabinet Q, Page 67
of the Plat Records of Denton County, Texas; the subject tract being more particularly
described as follows;
BEGINNING at the Northwest comer of the tract being described herein on the West line
of Lot 1 at a V2 inch iron rod with a cap stamped TNP found (herein after referred to as
TNP IRF) at the Southwest comer of the called 0.199 of an acre tract designated as Parcel
2 in the right-of-way acquisition for the Hickory Creek Road expansion and called to be
37.1 feet South of the Northwest comer of Lot 1, also being in the East line of the tract of
land described in the deed to Walter Edward Leatherwood and Jack Robertson recorded
in Volume 496, Page 421 of the deed Records of Denton County, Texas;
THENCE Easterly with South line of Parcel 2 and with the South right-of-way of
Hickory Creek Road the following 3 calls as defmed by Parcel 2:
1. North 89 Degrees 54 Minutes 17 Seconds East a distance of 93.8 feet more or less
to a called TNP IRF at an angle point;
2. North 82 Degrees 18 Minutes 43 Seconds East a distance of 113.5 feet more or less
to a called TNP IRF a angle point;
3. North 89 Degrees 54 Minutes 17 Seconds East a distance of 94.0 feet to the East
line of Lot 1, and the West line of Lot 1, Block A of the Hickory Creek Road
Elementary Addition as shown by the plat thereof recorded in Cabinet F, Page 36 of
the said Plat Records, from which the Northwest comer thereof bears North 01
Degrees 02 Minutes 31 Seconds East a distance of 20.7 feet;
THENCE South 01 Degrees 02 Minutes 31 Seconds West with the East line of Lot 1,
Block V of the River Oaks Addition a distance of 20.0 feet;
THENCE Westerly, 20 feet South of and parallel with the said South right-of-way of
Hickory Creek Road, the following 3 calls:
1. South 89 Degrees 54 Minutes 17 Seconds West a distance of 92.3 feet more or less
to a angle point;
2. South 82 Degrees 18 Minutes 43 Seconds West a distance of 113.5 feet more or less
to a angle point;
3. South 89 Degrees 54 Minutes 17 Seconds West a distance of 122.6 feet more or less
to a angle point;
THENCE North 01 Degrees 02 Minutes 31 Seconds East a distance of 20.0 feet to the
PLACE OF BEGINNING enclosing 0.138 acres of land.
Together with a 25 foot temporary Construction Area South of and adjacent to the above
described area as shown by Exhibit "B" attached hereto.
LOT 25, BLOCK E
RYAN RANCH PHASE t
CAB. S, P. 21
(REIdAiNDER) 114.77 AC.
C F N. 99-R0066749
OAKS OF MONTECITO
PHASE I
CAB. N, P. 54
HICKORY CREEK ROAD
, e \~'~ ~-'EXIS'11NG R 0 W
20 LICENSE AREA--~-.. \ -16' $"~' N89'54'17"E~I~; /-- ' ' '
W
~'~5"~ S89'54'17"~ ~ 20.0'
~ ~25 ' ~MPO~
~ CON~U~ON ~
15.8~ AO. Tr.
LOT 1, BLOCK V,
RIVER O~S ADDITION
C~. Q, P. 2~6 ~
15.410 Ao. Tr.
LOT 1, BLOCK A,
HICKORY CREEK ROAD
ELEMENTARY ADDITION
CAB. F, P. 256
EXHIBIT
LICENSE AREA
RIVER OAKS ADDITION
CITY OF DENTON
DENTON COUNTY, TEXAS
DRAWN: CF JOB #: t005
CHECKED: WIdC DATE: 2-14-05
REVISED: N/A SCALE: t" = 100'
Coleman & Associates
Land Surveying
P. O. BOX 686 DENTON, TEXAS 76202
PH(940)565-8215,FAX (g40)565-9800,
WWW.COLEUANSURV£Y~HC.COU
~) 2004 COLEMAN & ASSOC. SURVEYING
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