2005-009oRDIN cE NO.
AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF
PEBBLE BROOK OPEN SPACE PARK FOR THE PURPOSE OF A PUBLIC UTILITY
EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND
WILDLIFE CODE; PROVIDING FOR A PUBLIC UTILITY EASEMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEP~AS, 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
harm to the park resulting from such use; and
WHEREAS, the City of Denton desires to improve public utility service to the City of
Denton by improving Loop 288 and relocating utilities onto a 274.82 linear foot section through
the park; and
WHEREAS, the City of Denton desires to provide the public utility easement since
alternative options would not be feasible and prudent; and
WHEREAS, the City provided notice in the Denton Record Chronicle on December 14,
21, and 28, 2004 of a Public Heating to be held on January 4, 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 January 4, 2005 received testimony at a public heating
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 easement; 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 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The public utility easement proposed by the City of Denton Municipal
Utilities (the "Project") shall be constructed and maintained below the surface of the park
property (except for minor above ground appurtenances necessary to the subsurface utility lines)
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 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 same manner it
was used prior to the Project. The City Council hereby approves the Project, subject to the
requirements of this ordinance.
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.
SECTION 3. During construction of the Project, temporary use of such additional park
land necessary to stage the construction of the improvements is allowed within the area described
in Exhibit "B" attached hereto and made a part hereof by reference or in such other area that is
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 ¢~ dayof ~f~~ ,2005.
E~ BROCK, MAYOR
ATTEST:
JENN~ER WALTERS, CiTY SECRETARY
APffROVEIJ AS TO LEGAL FORM: i
.E ERT .3 )UTY, ATTO Y
Page 2 of 2
20' EASI~.IENT ~
PART OF :.~
LOT 2~ BLOCK A OF PEBBLE BI~.OOK ADDITION
CITY OF DENTON
Dl~rrON COUNTY,'TEXAS
BEING'part of Lot 2, Block A of Pebble Brook Addition, an edditinn to the City of
Denton as recorded in Cabinet O, Page 264 of the Plat Records of Deaton County, Texa~
~nd being more panicolarly described as follows
BEGINNINGatal/2in~hironrodsetwithayell0weapstamped'IA~'d!Ur Surveying'.: ~.~
Company" at the northwest comer of said Lbt 2 and the southwest comer of a tra~ of "
land desoibed by deed to Dana$. Beavers as recorded in Volume 3373,,pa~e 0010 0fthe'
Real Pmpe~] Records of Denton County, Texas, eame baing in the east line of State
Highway Loop 288;
THENCE South 89 de~reea 04 minutes 14 seconds East with the south line of said
Beavers tract ~md the north line of said Lot 2, a distance of 5.18 feet to'a 1/2 inch iron rod
set With.a yel~ow cap stamp.ed. ~Arthur Surve~dng Company' at the besihain~ of a tans~t
curve to the leit having'a radius of 450.00 feet;
LOt 2 and along said curve to the loft having a delta angle of 01 de~0'ees $3 minutes 13-
seconds and an am length Of 14.82 feet to a 1/2 inch iron rod set with a yellow cap .
stamped "Arthur Surveying Company" for come~,
':. 0~said StYe Hislm, ay Loop28S the fo~lowing courses and.diet~ces~' .'~: ·
Sduth 00 degn~'es 53 minutes07 seconds We~,a distanc~ of 59.15 feet to a 1/2 ineh ir~n
rod'sat with a yellow cap stamped 'Ar&ur Surveying'Company" for
South 01 dngre~ 58 minutes 38 ~econds East, a distance of 200.25 feet'to a 1/2 inch iron
md set with a yellow cap stamped.'Arthur Surveying Company' for comer:.
South 00 de~rees 53 minutes 07 seconds West, a distance of 14.80 feet to a 1/2 inch iron '
roy set With a yellow cap stamped "Arthur Surveying Company" in the north line Of a
Variable width Sanitary Sewer Easement as recorded in Instrum~at No. 2004:-122288 of
the Real Propenlr Records of Denton County, Texas;
THI~ICE South'88 degrees 26 minutes 36 seconds West, with the north line of said
Sanitary Sewer Eesement, a diatunce of 20102 feat to a 1/2 inch iron/bd set with a yellow.
eap st~im'~cl .Ar£hui: surveying Company,. in the, eest line 0f said State Highway LOoi
· THt~cE with the east line of said State Highway Loop 288 the following ceunseZ and
distances:
North 00 degrees 53 minutes 07 'seconds East, a distance of 1 $. 1S feet to a I/2 in0h
rod Set with a yellow cap stamped "Arthur Surveying Company" for comer; "'
North 01 degreeai.$8 minutes 38 seconds We~, a distance of 200.25 feet to a 1/2inch iron
rod set With a yellow cap mUnped "Arthur Su/veying Company" for comer; '
North 00 degrees $3 minutes 07 seconds East, a distance of 59.42 feet to the POINT OF
BEGINNING ahd containing 0.126 of an a~re of land mom or less.
30' TEMPORARY CONSTRUCTION EASEMENT
PAKT OF
LOT ~ BLOCK A OF PI~BLE BROOK ADDITION
CITY OF DENTON
DENTON COUNTY, TEXAS
BEING pair 0fLot 2, Block A of Pebble Brook Addition, an eddition to the City of
DentOn as recorded in Cabinet O, Page 264 of the Plat ReCOrds of Denton Comity, TeXaz~ :
and being mom pa/ficulirly described as follows:
BEGIIqlqlN'G at a .1/2 inch iron md set with a yellow cap stamped."Arthur Surveying
Company" in the north line of said Lot 2. the south line of a tract of lind described by · !
deed to Dana I. Beavers az reCOrded in Volume 3373, Page 0010 of the Real Prop ~'ly
ReC°rds of Danton County, Ter'as'and being 20 feet e~at-edy ai a ~isht, angle from the.
east tine of State Highway Loop.288. same being at the beginning of a n0n-tan~nt curve
tothe left l~ving a radius of 450.00 ii, t;
THENCE with the south llne Of said'BeavelS traCg the north line Of Said .Lot 2 and along;
Said curve to the let having a delta angle of 03 degrees 49 minutes 43 seconds, a chord
bearing of North $7 degrees 07 minute~ 41 seconds East, a chord lingtdi of 30:06 feet'and
an arc length of 30.07 feet.to a point for COrneig,
THENCE over and iioross said. Lot 2 and 50 feet ~'ly at right anglez from the east llne'
of ssld State Highway Loop 2gg the'following ~oursos and distances;
South 00 dei~ees 53 minutes 07 seconds West, a distance of 60.37 fe~t to a point for
come~,
South O1 degrees 58 minutes 38 seconds Eas~ i distance of 200.25 feet tO a point for
.' S0ut~, 00 degrees 53 minutes 07 seconds West, a distance of 33.11 feet in · north line of a
Variabli~ Width'Underground Public Utility Easomen~ a~ i:ecorded in In~ No;'
2004-122288 of the Peal Propew~ R~ords of Deuton County, Texas;
TI-IE~CE South 87 degre~ 16 minutes 54 seCOnds West, with the north line of Said
Public Utility Easement, a distance of 23.30 feet to e point for Come~,
THENCE North 01 d~rees 33 minutes 14 seconds Week with an east line of said Public
Utility Easement, a distance of 19.30 f~et to e point for comer;
THENCE South 88 degre~ 26 minutes 36 seconds West, with'a north line of said Pfibl{c' "'
Utility F_asem~g a dlstance of $.93 f~t to a 1/2 inch iron tod sat With a yellow cap
stamped "ARhar Smveying Company" for corner,
THENCE continuing over and across said Lot 2 and 20 feet easterly at fight angles from
th~ east line of said Stale Highway Loop 288 the followin8 courses and distances:
NORh 00 degrees 53 minut ~s 07 seconds Fast, a distance of 14.80 feet to a I/2 inch iron
rod set with a yellow cap stamped "Arthur Smveying Company" for cornea-;
North 01' dagrl~ 58 minutes 38 seconds WeS a distance of 200~25 feet to a 1/2 inch iron · '
rod set with a yellow cap stamped '~Arthur Surveying Company" for comer;,
North 00 degrees 53 minutes 07 sceOnds East, a distance of 59.15 feet to the POINT,(~J~. ..' ~i' ' ;--
BE(}INNINOandcoutaining0.199ofanaoreoflandmoreorless. '~.~"'~!i'4;*~ ' ~'
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CB=N89'59'og"E L=3O.O7'
R=450.00' DANA O. BEA~'~RS
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·' · ~ ~ 'CONSTRUC~ON:'~ASEMENY
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20' E~EME~
30~ ~emporary Cons~ucHon Easement
D^IE 5/6/200'$ CITY OF DENTON
sc~E: ~'= ~o' DENTON COUNTE TE~