2002-349s:wur Mceen 4Ortliome MChip 260finurtcAirgn Oprn space sewer LinePcent lo-s-oxmo
ORDINANCE NO. AV,?-044
AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF
AIRPORT OPEN SPACE PARK ON MASCH BRACH ROAD 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 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 and City of Krum desire to improve public utility service
to the City of Denton and City of Krum by constructing a sewer line 1,318 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 September
22, September 29, and October 6, 2002 of a Public Hearing to be held on October 15, 2002 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 October 15, 2002, 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
Airport 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 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
SSourp ummuWA'meesMO V260Nmn AirynOMSperr Sewn Line Euemm110-1542,dn
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
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 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 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 1 h #day of (fG~,~o r 2002.
[ _ UI Atyz
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: (1& &
APPROVED AS TO LEG FORM:
HERBERT LeVZUTYY ATTORNEY
By:
Page 2 of 2
EXHIBIT "A"
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE T. TOBY
SURVEY, ABSTRACT 1285, AND BEING A PART OF A TRACT OF LAND DESCRIBED IN A DEED TO THE
CITY OF DENTON RECORDED IN VOLUME 516, PAGE 648 DEED RECORDS, DENTON COUNTY, TEXAS,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID CITY OF DENTON TRACT,
ON THE EAST LINE OF MASCH BRANCH ROAD;
THENCE SOUTH 86 DEGREES 38 MINUTES 56 SECONDS EAST WITH THE NORTH LINE OF SAID CITY OF
DENTON TRACT, A DISTANCE OF 391.21 FEET;
THENCE SOUTH 50 DEGREES 42 MINUTES 21 SECONDS EAST, A DISTANCE OF 457.77 FEET;
THENCE SOUTH 34 DEGREES 16 MINUTES 34 SECONDS EAST, A DISTANCE OF 469.85 FEET;
THENCE SOUTH 55 DEGREES 43 MINUTES 26 SECONDS WEST, A DISTANCE OF 20.00 FEET;
THENCE NORTH 34 DEGREES 16 MINUTES 34 SECONDS WEST, A DISTANCE OF 466.96 FEET;
THENCE NORTH 50 DEGREES 42 MINUTES 21 SECONDS WEST, A DISTANCE OF 448.39 FEET;
THENCE NORTH 86 DEGREES 38 MINUTES 56 SECONDS WEST, A DISTANCE OF 374.80 FEET TO THE
WEST LINE OF SAID CITY OF DENTON TRACT, ON THE EAST LINE OF MASCH BRANCH ROAD;
THENCE NORTH 23 DEGREES 08 MINUTES 44 SECONDS WEST WITH THE WEST LINE OF SAID CITY OF
DENTON TRACT AND THE EAST LINE OF MASCH BRANCH ROAD, A DISTANCE OF 22.33 FEET TO THE
POINT-OF-BEGINNING, AND CONTAINING IN ALL 0.599 OF AN ACRE OF LAND.
TRACT 20
EXHIBIT B
LINE TABLE
L1
S86°
38'
56"E
391.21
L2
S50°
42'
21"E
457.77
L3
S34°
16'
34"E
469.85
L4
S55°
43'
26"W
20.00
L5
N34°
16'
34"W
466.96
L6
N50°
42'
21"W
448.39
L7
N86°
38'
56"W
374.80
L8
N23°
02'
44"W
22.33
S
POINT OF BEGINNING
UTILITY EASEMENT J. NEWTON RAZOR
VOLUME 1796, PAGE 601
E
L8 L1
777
N~\\ L2
S s GCAO 6\
VOLUME 516, PAGOEN 648roEyS'O\
7 ~FNp\ 20' UTILITY EASEMENT