2004-153NO.
AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE
BRIERCLIFF PARK FOR THE PURPOSE OF A PUBLIC STREET IN ACCORDANCE
WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A
STREET DEDICATION 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 there 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 public transportation to the City of
Denton by constructing a roadway 100 linear feet across the Briercliff Park for a public street;
and
WHEREAS, the City of Denton desires to constmct the public street across the Briercliff
Park since alternative options would not be feasible and pmdent; and
WHEREAS, the City provided notice in the Denton Record Chronicle on April 26, May
3, and May 10, 2004 ora Public Heating to be held on May 18, 2004 in the Council Chambers to
consider the altematives to the use of City Park for the subject street project; and
WHEREAS, the City Council on May 18, 2004, 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 Briercliff
Park resulting from the public street; 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 altemative to the
use of the park land and that the subject public street 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 public street for Unicom Lake Boulevard proposed by the City of
Denton (the "Project") shall be constructed and maintained above 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 public street 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.
SECTION 2. A public street dedication easement shall be composed 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 fi.om 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 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 fights 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 incmporated
into the body of this ordinance.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the/¢'~day of ~ff~' ,2004.
C (/
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTEI~S, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. CIT2f ATTORNEY
By:
Page 2 of 2
EXHIBIT "A"
0.546 ACRES
RIGHT-OF-WAY DEDICATION
BEING A 0.546 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. SURVEY,
ABSTRACT NO. 950, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND
BEING A PART OF A TRACT OF LAND DESCRIBED AS TRACT 1 IN DEED TO CITY OF
DENTON, RECORDED'IN VOLUME __. PAGE _, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS. SAID 0.546 ACRE TRACT WITH REFERENCE
BEARING BEING THE SOUTH LINE OF SECTION ONE, BRIER CLIFF ESTATES
ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS AS
RECORDED IN CABINET 6, PAGE 45, PLAT RECORDS, DENTON COUNTY, TEXAS,
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A WOOD POST FOUND FOR THE NORTHWEST CORNER OF SAID
TRACT 1 AND THE SOUTHWEST CORNER OF SAID SECTION ONE, BRIER CLIFF
ESTATES ADDITION;
THENCE, SOUTH 02 DEGREES 42 MINUTES 12 SECONDS WEST, ALONG THE WEST
LINE OF SAID TRACT 1, A DISTANCE OF 19.60 FEET TO THE POINT OF BEGINNING
AND BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A
CENTRAL ANGLE OF 16 DEGREES 10 MINUTES 07 SECONDS, A RADIUS OF 376.50
FEET AND A LONG CHORD THAT BEARS SOUTH 54 DEGREES 35 MINUTES 15
SECONDS EAST A DISTANCE OF 105.89 FEET;
THENCE, OVER AND ACROSS SAID TRACT 1, THE FOLLOWING COURSES AND
DISTANCES:
ALONG SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF
106.25 FEET TO A POINT FOR CORNER;
SOUTH 62 DEGREES 40 MINUTES 18 SECONDS EAST, A DISTANCE OF 376.77
FEET TO A POINT FOR CORNER AND BEING THE BEGINNING OF A TANGENT
CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 11 DEGREES 13
MINUTES 15 SECONDS, A RADIUS OF 776.50 FEET AND A LONG CHORD THAT
BEARS SOUTH 68 DEGREES 16 MINUTES 56 SECONDS EAST A DISTANCE OF
151.83 FEET;
'ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 152.07
FEET TO A POINT FOR CORNER ON THE SOUTH LINE OF AFORESAID TRACT
1 AND THE COMMON NORTH LINE OF A TRACT OF LAND DESCRIBED AS
TRACT 2 IN DEED TO CITY OF DENTON, RECORDED IN VOLUME
PAGE ., REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
I:~SLD\UNICORN~)2198501Xsdata\1985 EXO5.doe
4/30/2004
Page I of 3
THENCE, ALONG SAID COMMON LINE, THE FOLLOWING COURSES AND
DISTANCES:
NORTH 73 DEGREES 53 MINUTES 33 SECONDS WEST, A DISTANCE OF 358.08
FEET TO A 5/8 "IRON ROD FOUND FOR CORNER AND BEING THE BEGINNING
OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 27
DEGREES 41 MINUTES 53 SECONDS, A RADIUS OF 532.96 FEET AND A LONG
CHORD THAT BEARS NORTH 60 DEGREES 02 MINUTES 36 SECONDS WEST A
DISTANCE OF 255.14 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 257.65
FEET TO A 5/8 "IRON ROD FOUND FOR THE SOUTHWEST CORNER OF
AFORESAID TRACT 1 AND THE NORTHWEST CORNER OF AFORESAID
TRACT 2;
THENCE, NORTH 02 DEGREES 42 MINUTES 12 SECONDS EAST, ALONG THE WEST
LINE OF SAID TRACT 1, A DISTANCE OF 63.83 FEET TO THE POINT OF BEGINNING
AND CONTAINING 0.546 ACRES OF LAND, MORE OR LESS.
I:\SLD\UNICORNXO2198501~daIa\I985EXOS.doc
4/30t2004
Page 2 of 3
BLOCK 2 BLOCK
LOT 17 LOT 13 LOT 14 LOT 20
B~C-,~i"~OJ~ ~ SECTION ONE, BRIER CLIFF ESTATES ADDITION
(50' R.O.W.) VOLUME 6, PAGE 45 - P.R.D.C,T.
SCALE: 1' = 100'
BLOCK 4
LOT 14 LOT 13 LOT 12 LOT II LOT lO LOT 9 LOT 8 LOT 7 LOT 6
C.M.~FND
WOOD POST CA=16'I0'07" I ]
~ R=376. 50 '
~ CB=S 54'35'15' E
~ /CL=I05.89'
P.o.~.{ .~ ~~=,o,.~'
~ 5/8" 9.8f8
~ ~ ~ ~0'.
~ ~ ~ CA~4;'53' ~
~ ~ CL=255.1~ ~ N
~ 5/8
LINE BEARING DISTANCE .0~
~ ~ o~'~'~" ~ ~.~' .~:~0'
L2 5 02'42'12" W 1~.60' O~~ ~ /~;~ ~"~
EXHIBIT A Carter. Burgess
SHE~ s~: ,'= ,~' RIGHT-OF-WAY
~. ~= .. ~c.~sc., DEDICATION C*.T[R ~ auR~[~, INC.
OF ~ MEP~PRR COMP~ SU~ ~RACT NO,
I:~SLD~UNICORN~O218g501~GRA~1985EXO5.DWG