2004-297oP.i)INANcE No. ¢7
AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE
SUBSURFACE USE OF A PORTION OF THE SOUTH LAKES PARK APPROXIMATELY
5,049 FEET FOR THE PURPOSE OF A FiBER OPTICS COMMUNICATIONS CABLE IN
ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE;
PROVIDING FOR THE ISSUANCE OF LICENSE; 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 heating 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
the harm to the park resulting from such use; and
WHEREAS, the City of Denton desires to cooperate with the Denton Independent School
District in the development of Fiber Optics Communication Cable by providing a license for the
construction ora fiber optics cable 5,049 linear feet across South Lakes Park; and
WHEREAS, Denton Independent School District desires to construct fiber optics cable
line across South Lakes Park since alternative options would not be feasible and prudent; and
WHEREAS, the City provided notice in the Denton Record Chronicle on August 30,
September 6, and September 13, 2004 of a Public Hearing to be held on September 21, 2004 in
the Council Chambers to consider the alternatives to the use of City Park and Recreational land
for the subject fiber optics cable project; and
WHEREAS, the City Council on September 21, 2004, received testimony from City staff
and citizens regarding altematives to the use of the South Lakes Park for this fiber optics cable
line which includes, but is not limited to, the following:
Select another route through the city that would not cross South Lakes Park at this
location. Consider re-routing using Teasley Lane. Due to the fact DISD is not a utility
company, they cannot use TXDOT right of way for communication lines
Construct the proposed fiber optics line in the existing utility easements estabhshed
along Teasley Lane in the Park. This option may not be prudent as an agreement with
the City of Denton prohibits use of existing public utility easements other than city
street right of ways.
Allow the construction of the new proposed fiber optics cable onto a 0.101-acre strip
of park property along the western property line with Acme brick and the mid section
of the park to Hobson Road.
WHEREAS, the City Council ftnds that the fact situation discussed above 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 feasibl'e and prudent alternative to the
use of the Park land and that the fiber optics line project when constructed in accordance with the
provisions of the license as described below will minimize the harm to the park land resulting
from the proposed subsurface use of such park land effected shall remain useable for the park
patrons once the construction of the fiber optics cable line improvements are completed; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the fiber optics cable line proposed by the Denton Independent School
Disthct, be constructed and maintained below 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 fiber optics cable line 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 fiber optics cable line project.
SECTION 2. That a license which is revocable as required by law be composed by the
City Manager or his designee and approved by the City Attorney allowing the subsurface use of
the park property 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 the City for the reasonable market value of the use herein granted and generally
protect the health, safety and general welfare of the City.
SECTION 3. That during construction of the improvements above, Denton Independent
School District may have temporary use of such additional park land necessary to stage the
construction of the improvements as may be approved by the Director of Parks and Recreation
Department and at the completion of the construction activities for the above improvements such
additional park land shall be restored to the condition to which it existed prior to the beginning of
such construction activities.
SECTION 4. That the rights and benefits set forth in this ordinance may not be assigned
without the express whtten consent of the City.
SECTION 5. That the License above grantee shall, to the extent allowed by law,
constitute a covenant running with the land and be filed in the Deed Records of Denton County,
Texas.
SECTION 6. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the c~/O~ day of (k~'~/27,t~j ,
2004. ~
c:mocuM~-I/¢~Nydc,~mc^m-lW,muXSOUV.U-2.DocPage 2 of 3
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By: ~~/ ~'
c:x~ocuue-lXcm~yd*rXtocA~s-lxze~pxsouz.[~21~ocPage 3 of 3
Exhibit A
~' 1078,± (~(~
ACME BRICK COMPANY
V. 5127, P. 950
CITY OF DENTON
V. 5257, P. 971
"SOUTHLAKE PARK"
1078':1: --
HOBSON LANE
1-FOOT FIBER OPTIC ESMT.
0.101 OF AN ACRE OF LAND
IN THE C. POULLIALIER SY. A-1007
CITY OF DENTON
DENTON COUNTY, TEXAS
DRAWN: MGD JOB #: 1041
CHECKED: WMC DATE: 09-04-04
REVISED: SCALE: 1"=200'
McMATH MIDDLE SCHOOL
N 89'55' E
~'-~- 1'
o
1' FIBER OPTIC ESMT.
5' TEMP. CONSTRUCTION ESMT.
* THIS EXHIBIT WAS
PREPARED FROM RECORD
INFORMATION ONLY AND
REQUIRES FIELD VERIFICATION
PRIOR TO ANY OFFICIAL
RECORDING *
S 89'55'50' W 952.15
CITY OF DENTON
V. 5257, P. 971
"SOUTHLAKE PARK"
h' iBE. OPTIC ESMT.
I1',
TYPICAL ESMT DETAIL
SCALE: t"=~,0'
Coleman & Associates
Land Surveying
P. O. BOX 686 · DENTON, TEXAS 76202
PH(940)565-8215,FAX (940)565-9800,
WWW.COLEMANSURVEYING.COM
~) 2004 COLEMAN & ASSOC. SURVEYING
n l-Foot Fiber ~tsemenf
All that ce~a ~acf of land in the C. Poullalier Survey Abstract Number
1007 in f~City and County of end being ~ p=H of the fr=cf of
lend ~crib~d in the deed fo f of Denton recorded in Volume 5257, P=ge
971 of~}~R~=l Prope~ Re~ ~nf n Count, Tex=s; the sub]ecl e=semenf
~pl~ ~epa~ieularly des~b~ follows:
~BEGIHNING at the No~hwesf corner of the tract being described herein at the
S~uf~west corner of~L~ 1, Block A, D.I.S.D. Third Uiddle School Addition recorded
~i~-~abinet~ N, Paae~l. 6~of~ ~ -~ the Plat Records of Denton Count, Texas;
THENCE No~h ~ ~rees 55 Uinutes East with the South line of said Lo~ 1, Block
A a disfan~of~l~6of,~L ~ ~-~ more or less;
THENCE Sou~[ly across the said Ci~ of Denton tract, 1-foot East of and parallel~
with ~he West line thereof, the following 3 calls: ~
THE~E~ South O0 Degrees 01 M~nufes East across fhe~sa~d G[~ of Denton tracf,~
~t~:oot~East of and parallel with the West line fhereo~{, ~ distance of 2508 fe~
or %.
~HENCE South 89 Degrees 54 Minutes West acro~ fha) sa~d C~ of Denfb~ tract,
~-foof South of and parallel with a North I[~fhe~-~f, a distance ~[~5~[~t,
T~ENCE South O0 Degrees O0 Uinutes~Eest ecross t? seid C~L~of Dgnfon tract e
d~stence of 1759 feet, more or less/~fo the South hne of fh~Cl~o~ Denton troct;
THENCE South 89 Degrees 35 Mitres ~t with the South line of the Ci~ of
Denton trect o distance of l-foo~rom which the Souf~west-~o~ner thereof bears
South 89 Degrees 55 Mmutes~West e d~sfence of 10;78 feef,~more or less;
THENCE Northerly with th~ ~ of the Ci~ of D'~nf~n tract the following 3
calls: ~ ~
THENCE North O0 D O0 M~nufes Wesf%~ '~
cross the sa~d C~ of Denton tract,
1078 feet East of an~%parallel with fhe~f~ilh~-thereof, a dlstance of 1740 feet,
more or less, fo a North hne of the q~ of, Denton tract;
THENCE North 89 Degrees 54 Minut~ Easf~fh a North llne of the Ci~ of Denton
Tract a dmfance of 155 feet, mor~or less, fo a reentrant corner thereof,
THENCE North O0 Degrees ~1~ Minutes ~esf a distance of ~174 feet, more or less,
fo the P~CE OF BEGINNING~and enclosing 0.101 of an acre of land;