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2003-155ORDINANCE NO. AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF PEBBLE BROOK OPEN SPACE PARK ON LOOP 288 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. 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 propose 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 m'mimize 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 constructing a sewer line 1,402 linear feet 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 May 4, 11, and 18, 2003 ora Public Hearing to be held on May 27, 2003 in the Council Chambers to consider the alternatives to the use of City Park for the sewer line project; and WHEREAS, the City Council on May 27, 2003 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 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 sewer line 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 utility easement and temporary construction easement proposed by the City of Denton Municipal Utilities (the "Project") shall 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 sewer 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 Project. 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 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 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 f~ ~7)(-~ day of ~/~ ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERB~~ ATTORNEY By: ' Page 2 of 2 PARCEL NO. 5 PECAN CREEK SANITARY SEWER INTERCEPTOR CITY OF DENTON EXHIBIT "A" PERMANENT SANITARY SEWER EASEMENT M.E.P. & P.R.R. CO. SURVEY, ABSTRACT NO. 927 DENTON COUNTY, TEXAS SITUATED in the City of Denton, Denton County, Texas and being a strip of land out of the M.E.P. & P.R.R. Co. Survey, Abstract No. 927 and being out of Lot 2, Block A of Pebble Brook Addition, being an addition to the City of Denton according to the plat recorded in Cabinet 0-265, Slide 0982A of the Plat Records of Denton County, Texas (P.R.D.C.T.), said strip of land being herein described as a proposed variable width Permanent Sanitary Sewer Easement and being herein more particulariy described by metes and bounds as follows: BEGINNING at a point on the westerly property line of the said Lot 2 and on the easterly right-of- way line Loop 288; said point being located South 1 degree 06 minutes 02 seconds East 260.48 feet and South 00 degrees 47 minutes 02 seconds West 15.15 feet from the most westerly northwest property corner of the said Lot 2; THENCE, North 88 degrees 20 minutes 39 seconds East 25.95 feet to a point; THENCE, South 1 degree 39 minutes 2I seconds East 19.30 feet to a point; THENCE, North 87 degrees 10 minutes 47 seconds East 890.39 feet to a point; THENCE, North 85 degrees 51 minutes 04 seconds East 485.00 feet to a point on the easterly property line of the said Lot 2 and on the westerly property line of Lot 8, Block 1 of Golden Triangle Industrial Park, Phase VI being an addition to the City of Denton according to the plat recorded in Cabinet N, Slide 226 of the P.R.D.C.T.; THENCE, South 00 degrees 29 minutes 58 seconds West, along the said property lines, 24.78 feet to a point on the northerly edge of an existing 26 foot wide easement recorded in Volome 485, Page 219 of the Deed Records of Denton County, Texas; THENCE, South 86 degrees 29 minutes 06 seconds West, along the said edge of the existing easement, 501.01 feet to a point; THENCE, South 86 degrees 46 minutes 35 seconds West, continuing along the said edge of the existing easement, 901.31 feet to a point on the said westerly property line of Lot 2 and the said easterly right-of-way line of Loop 288; THENCE, North 00 degrees 47 minutes 02 seconds East, along the said property line and right-of-way line, 45.82 feet to the POINT OF BEGINNING. The proposed Permanent Sanitary Sewer Easement being herein described contains 0.7345 acres {31,993 square feet) of land. I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCUI~A. TE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Associates, Inc. Sh'aun Spooner ~g/- Registered Professional Land Surveyor, Texas No. 4183 Date of Survey: 1-21-03 PARCEL NO. 5 PECAN CREEK SANITARY SEWER INTERCEPTOR CITY OF DENTON TEMPORARY CONSTRUCTION EASEMENT M.E.P. & P.R.R. CO. SURVEY, ABSTRACT NO. 927 DENTON COUNTY, TEXAS SITUATED in the City of Denton, Denton County, Texas and being a strip of land out of the M.E.P. & P.R.R. Co. Survey, Abstract No. 927 and being out of Lot 2, Block A of Pebble Brook Addition, being an addition to the City of Denton according to the plat recorded in Cabinet 0-265, Slide 0982A of the Plat Records of Denton County, Texas (P.R.D.C.T.), said strip of land being herein described as a proposed variable width Temporary Construction Easement and being heroin more particularly described by metes and bounds as follows: BEGINNING at a point on the westerly property line of the said Lot 2 and on tbe easterly right-of- way line Loop 288; said point being located Sonth 1 degree 06 minutes 02 seconds East 260.48 feet and South 00 degrees 47 minutes 02 seconds West 15.15 feet from the most westerly northwest property corner of the said Lot 2; THENCE, North 00 degrees 47 minutes 02 seconds East, along the said property line and right-of-way line, 15.15 feet to a found right-of-way monument; THENCE, Nortb 1 degree 06 minutes 02 seconds West, continuing along the said property and right- of-way line, 15.07 feet to a point; THENCE, North 87 degrees 10 minntes 47 seconds East 913.96 feet to a point; THENCE, North 85 degrees 51 minutes 04 seconds East 91.53 feet to a point; THENCE, South 4 degrees 08 minutes 56 seconds East 40.00 feet to a point; THENCE, North 85 degrees 51 minutes 04 seconds East 32.44 feet to a point; THENCE, North 4 degrees 08 minutes 56 seconds West 40.00 feet to a point; THENCE, North 85 degrees 51 minutes 04 seconds East 364.68 feet to a point on the easterly property line of the said Lot 2 and on the westerly property line of Lot 7, Block I of Golden Triangle Industrial Park, Phase VI being an addition to the City of Denton according to the plat recorded in Cabinet N, Slide 226 of the P.R.D.C.T.; THENCE, South 00 degrees 49 minutes 29 seconds West, along the said property lines, 28.67 feet to a ½" iron rod found at the northwest property comer of Lot 8, Block 1 of the said Golden Triangle Industrial Park; THENCE, South 00 degrees 29 minutes 58 seconds West, along the said easterly property line of Lot 2 and along the westerly property line of the said Lot 8, 21.51 feet to a point; THENCE, Soath 85 degrees 51 minutes 04 seconds West 485.00 feet to a point; THENCE, South 87 degrees 10 minutes 47 seconds West 890.39 feet to a point; THENCE, North 1 degree 39 minutes 21 seconds West 19.30 feet to a point; THENCE, South 88 degrees 20 minutes 39 seconds West 25.95 feet to the POINT OF BEGINNING. The proposed Temporary Construction Easement being herein described contains 1.5679 acres (68,296 square feet) of land. 1 DO ItEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Associates, Inc. Shaun ~pooner fir Registered Professional Land Surveyor, Texas No. 4183 Date of Survey: 1-21-03 SURVEY: M.E.P. & P.R,R. CO., A-927 EASEMENT AREA: PARCEL NO.: 5 LOCATION: DENTON, DENTON CO., TEXAS PERMANENT: 0.7345 AC. TEMPORARY: 1.5679 AC. DRAWING OF EXHIBIT- LOT 7 S00'49'29"W ~ S00'29 58 W 28. ~24.78 2?'51'~-' ~ ~ I ' EXIS~NG 16' EASEMENT I ~ I ~ / CAB. 0-265, SLIDE 0982A J .~ g/ N4'oS'Se"w 40.00'~ II ~ ) ( PARK ~ ~d EXHIBIT "A" I PROPOSED VARIABLE ~D~ ~ PERMANENT SANITARY SE~R EA~MENT ~ 0.7~45 AC. (31 99~ SQ. FT.) ~ ~ I EXHIBIT "B" PROPOSED VARIABLE ~D~ ~PORARY CONSTRUC~ON EAS~.ENT~ ~.~79 AC. (~B,~ SO. FT.) ~ ~ -- mO ~0' ~00' ~** ~ I, ¢ GRAPHIC SCALE IN FEET ~q ONE PEBB~ BROOK L~ ~ ~ ~ 1" = 15o' ~ PEBB~ BROOK ADDISON ~ LOT 2, BLOCK A '- CAB. 0-2~, SUDE O~S2A ~ ~ ~ k -EX~S~NO 26' EASEMENT , X ~ Sr3~'2~"E 1~.30~ ~ ~ ~88-2o'~9"E 25.95' LOOP 288 p.o.e. EXHIBITS "A" PECAN CREEK SANITARY SEWER IN~RCEPTOR SANITARY SE~R EASEMENT CITY OF DENTON 215 E. McKINNEY DENTON., ~XAS 76201 ~O0~R · ~OC. ~.~7 CONT~HE~T~L TR, ~TE REGISTERED PROFESSIONAL HORTH RICH~ND HILLS, TE~S S~ JOB NO. 1118-4-02 LAND SURVEYORS 76180 817-281-2~55 ACAD FILE 1118-PECAN-ESMT