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