2002-089AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF
MACK PARK FOR THE PURPOSE OF A UTILITY EASEMENT IN ACCORDANCE WITH
CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A
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 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 provide for a required utility easement of
approximately 507 linear feet across the park for electric service; and
WHEREAS, Denton Municipal Electric desires to construct an underground eleclric
transmission line across Mack Park since alternative options would not be feasible and prudent;
and
WHEREAS, the City provided notice in the Denton Record Chronicle on March 3,
March 10, and March 17, 2002 cfa Public Hearing to be held on March 26, 2002 in the Council
Chambers to consider the alternatives to the use of City Park for the subject utility easement; and
WHEREAS, the City Council on March 26, 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 Mack Park
resulting from the 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 fmds that there is no feasible and prudent alternative to the
use of the park land and that the subject electric utility 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 Utility Easement and electric transmission line proposed by Denton
Municipal Electric (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 electric line shall 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 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 6~& ~/~ day of ~/~/~ ~/~ ,2002.
EULINEBROC~MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B Y: .~~].~ ~~--~C~..~'
APPROVED
By: ~ ~5
L FORM:
TY ATTORNEY
Page 2 of 2
EXHIBIT
16 'UTILTY EASEMENT
Field notes to all thai certain tract or parcel at land situated in lhe T. M. Downing Survey, Abstracl ~ 546 City
of Denlon, Denton County, Texas and being a peri of a celled 9.605 acre tract of land described in the'Deed to
the City of Denlon as recorded in Volume 6~'1, Page 4§5 of the Deed Records of Denton County, Texas; lhe
subject lracl being more particularly described as follows;
BEGNNING for lhe Southwest Corner of the tract being described herein al a I/P" copped iron rod tel for the
Southwest Corner of said 9.605 acre lract in the north right-of-way line of East McKinney S tee from wh ch a
I/?" iron rod found bears South OI Degrees IS Minutes IS Seconds West <3 distance of O. Z6 feet;
THENCE North OI Degrees IS Minutes 15 Seconds East wilh lhe West line of said 9~805 acre trocl a distance of
16.00 feel 1o a poinl for corner;
THENCE South B9 Degrees 04 Minutes O0 Seconds East (3 distance of 556.Z7 feet to o point for corner;
THENCE Soulh 89 Degrees 45 Minutes O0 Seconds East o distance at 150.01 feet 1o (3 poinl for corner in lhe
East line Df said 9.605 acre lract;
THENCE South OI Degrees 56 Minutes O2 Seconds East a d~stance of 16.01 feel to a I/?" capped iron rod set for
corner at the Southeast corner of said 9.605 acre tract in lhe North right-of-way line of Eosl McKinney Street
· from which a concrete monument bears North ~'6 Degrees Ia. Minules 14 Seconds Wesl o dislonce of 0.7? feel;
THENCE North 89 Degrees 45 Minutes O0 Seconds West with lhe Norlh righl-of-way line of East McKinney
Slreel o distance of 150.7P feet to an angle poinl:
THENCE North 69 Degrees 04 Minutes O0 Seconds West wilh the Norlh right-of-way line of East McKinney
Street a dislance of 556.45 feet to lhe PLACE OF BEGINNING and enclosing 0.19 ACRES of land.
This Survey sketch represents the resulls of on on-lhe-ground survey made under my
direction and supervision on 10-51-01. There ore no visible or apparent intrusion,
prolrusions or easements excepl os shown hereon.
Dale
A PART OF
Called 9.805 AC
VOEUME 621, PAGE ~.55
OI 15 I§ E
16.00'
S 89 04 O0 E 356.~7'
1~2-,.F N 89 04, O0 W 356.45'
LOT ~
BLOCK
S OP56'O~"E
89o45,r~O,,E /16.01'
s 15o.o?'
POINT° N ~ wu ~u . M4.58,
EAST MCKINNEY STREET
(100' ROW)
L EGEN~
FF · FINISHED FLOOR
NG . NATURAL OROUNO
8ER · BURIED ELECTRIC RISER
AREA
P.O. BOX 507
KRUg, TX 76249
(940)482-67~3
JOB NU'MRR~: 011067
DRAWN BY: G.C.
CHECKED BY': JET
DATE: 10-31-01
R.P.L.S.
J.E. Thompson I1
REV 1:
11-06-01 ADJ
5183 053 0
DEED
THE STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS:
THAT the CMH PARKS, 1NC., a Tennessee corporation (the "Grantor"), in
consideration of the sum of Six Thousand Seven Hundred Twenty One dollars ($6,721.00) and
no cents and other good and valuable consideration in hand paid by the City of Denton, Texas, a
municipal corporation of the County of Denton, State of Texas (the "Grantee"), the receipt of
which is hereby acknowledged, does by these presents, GRANTS, BARGAINS AND
CONVEYS unto Grantee, its successors and assigns, all that certain tract or parcel of land lying
in the County of Denton and State of Texas, described in Exlfibit "A" attached hereto and made a
part by reference (called the "Property");
Grantor, for the consideration and subject to all matters of record, conveys to Grantee the
Property, together with all and singular the rights and appurtenances thereto in any wise
belonging, to have and to hold it to Grantee, Grantee's heirs, successors or assigns forever,
without express or implied warranty; and all warranties that might arise by common law and the
warranties in § 5.023 of the Texas Property Code (or its successor) are excluded.
Witness my hand, this the /Q~ day of ~/bge.~/,fi;~-- ,
2002.
CMH PARKS, INC.,
a Tennessee corporation
Printed Name: ,qt[e ~o
Title: C~ ~. d~.~ lo~1~ ,Vat..
ACKNOWLEDGMENT
THE STATE OF ;TENNESSEE §
COUNTY OF y~_//ggdg/kr~ §
This instrument was acknowledged before me on/d/t2dg6 ~t'' J~.~
,200&Lby
~ P't~blic,-in and f~r the,State of Tennessee
My Commission Expires:, ' 'mdCe ? gYtP
Exhibit "A"
5183
053 1
Surveyors & Engineers
of North Texas
1621 Amanda Court
Ponder, Texas 76259
Ph: (940) 482-2906
FAX: (940) 482-0009
Metro: (940) 243-3832
www.sentcoro,com
Edwards Road R.O.W. Dedication
All that certain tract of land situated in the G. Walker Survey Abstract Number 1330 City of Denton, Denton County,
Texas and being a part of Edwards Road and a part of Allen Estates Mobile Home Park as shown by the plat thereof
recorded in Cabinet C, Page 383 of the Plat Records of Denton County, Texas; the subject tract being more particularly
described as follows:
BEGINNING for thc Northwest corner of the tract being described herein, at a 1/2 inch iron rod found at the Northwest
comer Allen Estates Mobile Home Park on the East right-of-way of Mayhill Road and the South right-of-way of
Edwards Road as dedicated;
THENCE North 0I Degrees 27 Minutes 27 Seconds East with the extension of the East right-of-way of Mayhill Road
across Edwards Road a distance of 29.66 feet to the South line of the tract of land described in the deed from Roger C.
Sullivan to the City of Denton recorded under Clerk's File Number 96-R0000829 of the Real Property Records of
Denton County, Texas;
THENCE South 88 Degrees 46 Minutes 00 Seconds East with the South line of the City of Denton Landfill tract a
distance of 1,429.44 feet to the Northeast comer of the called 6I 2/3 acre First Tract as described in the deed to S. D.
Roberts recorded in Volume 256, Page 549 of the Deed Records &Denton County, Texas and the Northwest comer of
the called 1.822 acre tract described in the deed from James L. Brockie et al to the City of Denton;
THENCE South 01 Degrees 48 Minutes 59 Seconds West with the East line of the said 61 2/3 acre tract and the West
line of the said 1.822 acre tract a distance of 300.02 feet to a 1/2 inch iron rod set at the Southwest comer thereof;
THENCE North 88 Degrees 46 Minutes 00 Seconds West across Edwards Road a distance of 30.00 feet to a 1/2 inch
iron rod set on the West right-of-way of Edwards Road and the East line of Allen Estates Mobile Home Park;
THENCE North Ol Degrees 48 Minutes 59 Seconds East with the East line of Allen Estates Mobile Home Park and the
West right-of-way of Edwards Road a distance of 159.70 feet to a 1/2 inch iron rod set;
Thence across Allen Estates Mobile Home Park along a fence on the South side of Edwards Road as constructed the
following five calls;
I. North 35 Degrees 23 Minutes 53 Seconds West a distance of 41.6I feet to a I/2 inch iron rod set;
2. North 74 Degrees 50 Minutes 20 Seconds West a distance of 95.11 feet to a I/2 inch iron rod set;
3. North 63 Degrees 59 Minutes 39 Seconds West a distance of 58.64 feet to a I/2 inch iron rod set;
4. North 71 Degrees 35 Minutes 05 Seconds West a distance of 88.89 feet to a I/2 inch iron rod set;
5. North 84 De~ees 17 Minutes 41 Seconds West a distance of 45.38 feet to a 1/2 inch iron rod set on the South right-
of-way of Edwards Road and the North line of Allen Estates Mobile Home Park;
Thence North 88 Degrees 46 Minutes 00 Seconds West with the South right-of-way of Edwards Road and the North
line of Allen Estates Mobile Home Park along the said fence a distance of 1,097.58 to the PLACE OF BEGINNING
and enclosing 1.440 acres of land of which 1.160 acres lie within the dedicated right-of-way of Edwards Road.
10-26-01
m
EDWARDS ROAD
1.440 ACRES IN THE (3. WALKER SY. A-1330
DATE: 10-26-01
SCALE: 1"--200'
CITY OF DENTON DRAWN: CF
DENTONCOUNTY, TEXAS CHECKEO; WMC
SEUrv. eyors &
nglneers of
North
Texas, Inc.
1621 AMANDA COURT . PONDER* TEXAS 76259
"' S:\Our Documents\Ordin ances\02\Con n Ordinance Clayton Homes2.do¢
5183
953 3
ORDIN CE NO. dO0 -
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUJRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 1.44 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR
MUNICIPAL PURPOSES, INCLUDING FOR LANDSCAPE BUFFER PURPOSES, SUCH
TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND SAID PROPERTY BEING
LOCATED IN THE G.WALKER SURVEY ABSTRACT NUMBER 1330 IN THE CITY OF
DENTON, DENTON COUNTY TEXAS; AND BEING A PART OF THE EDWARDS ROAD
AND A PART OF ALLEN ESTATES MOBILE HOME PARK AS SHOWN BY PLAT
THEREOF RECORDED IN CABINET C. PAGE 383 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION
AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS
DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN
ORDER TO ACQUIRE THE PROPERTY IN FEE SIMPLE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, it is hereby determined that a public necessity exists and that public welfare
and convenience hereby require the acquisition of fee simple title for the public purposes
described herein, with such fee simple title vesting in the City of Denton; and
WHEREAS, the hereinafter described property is believed to be owned by the CMH
Parks, Inc., a Tennessee Corporation ("Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Public necessity exists and public welfare and convenience require the
acquisition of fee simple title, with such fee simple title vesting in the City of Denton in that
certain tract or parcel of land containing approximately 1.44 acre, together with improvements
thereon and appurtenances thereto as more particularly described in Exhibit "A" and illustrated
in Exhibit "B", attached hereto and made a part hereof by reference (the "Property"). The
Property is being acquired for municipal purposes, including a landscape buffer. A portion of
the Property is currently encumbered with a public street and public street easement in favor of
the City. Access to the Property from the Owner's remaining property will be denied.
SECTION2. The City Council finds that $6,721.00 (the "Compensation") is just
compensation for the Property including damages to the remainder, if any, said sum being based
on an independent appraisal obtained by the City. The City Manager or his designee is hereby
authorized and directed to make an offer for the Property to the owner of the Property in the
amount of the Compensation.
SECTION 3. In the event the offer as described in Section 2 is refused by the Owner of
the Property, the City Attorney or his designee is hereby authorized and directed to file the
necessary condeinnation proceedings or suit and take whatever action that may be necessary
against the Owner and any other parties having an interest in the Property to acquire fee simple
5183
title in the Property for the purposes described in Section 1 above, with such fee simple title
vesting in the City of Denton.
SECTION 4. If it should be subsequently determined that additional parties other than
those named herein have an interest in said property, then in that event, the City Attorney or his
designee is authorized and directed to join said parties as Defendants in said condemation.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the cYq~~ dayof ~ff,_,Zc~, ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APi~OVED AS TO LEGAL FORM:
Page 2
Exhibit "A"
5183
0'53 5
Surveyors & Engineers
of North Texas
1621 Amanda Court
Ponder, Texas 76250
Ph: (940) 482-2908
FAX: (940) 482-0009
Metro: (940) 243-3832
www.sentcorD.com
All that certain tract of land situated in the G. Walker Survey Abstract Number 1330 City of Denton, Denton County,
Texas and being a pan of Edwards Road and a pan of Allen Estates Mobile Home Park as shown by the plat thereof
recorded in Cabinet C, Page 383 of the Plat Records of Denton County, Texas; the subject tract being more particularly
described as follows:
BEGINNING for the Northwest comer of the tract being described herein, at a 1/2 inch iron rod found at the Northwest
comer Allen Estates Mobile Home Park on the East right-of-way of Mayhill Road and the South right-of-way of
Edwards Road as dedicated;
THENCE North 01 Degrees 27 Minutes 27 Seconds East with the extension of the East right-of-way of Mayhill Road
across Edwards Road a distance of 29.66 feet to the South line of the tract of land described in the deed from Roger C.
Sullivan to the City of Denton recorded under Clerk's File Number 96-R0000829 of the Real Property Records of
Denton County, Texas;
THENCE South 88 Degrees 46 Minutes 00 Seconds East with the South line of the City of Denton Landfill tract a
distance of 1,429.44 feet to the Northeast comer of the called 61 2/3 acre First Tract as described in the deed to S. D.
Roberts recorded in Volume 256, Page 549 of the Deed Records &Denton County, Texas and the Northwest comer of
the called 1.822 acre tract described in the deed from James L. Brockie et al to the City of Denton;
THENCE South 0I Degrees 48 Minutes 59 Seconds West with the East line of the said 61 2/3 acre tract and the West
line of. the said 1.822 acre tract a distance of 300.02 feet to a 1/2 inch iron rod set at the Southwest comer thereof;
THENCE North 88 Degrees 46 Minutes 00 Seconds West across Edwards Road a distance of 30.00 feet to a 1/2 inch
iron rod set on the West right-of-way of Edwards Road and the East line of Allan Estates Mobile Home Park;
THENCE North 01 Degrees 48 Minutes 59 Seconds East with the East line of Allen Estates Mobile Home Park and the
West right-of-way of Edwards Road a distance of 159.70 feet to a I/2 inch iron rod set;
Thence across Allen Estates Mobile Home Park along a fence on the South side of Edwards Road as constructed the
following five calls;
I. North 35 Degrees 23 Minutes 53 Seconds West a distance of 41.61 feet to a 1/2 inch iron rod set;
2. North 74 Degrees 50 Minutes 20 Seconds West a distance of 95.11 feet to a I/2 inch iron rod set;
3. North 63 Degrees 59 Minutes 39 Seconds West a distance of 58.64 feet to a I/2 inch iron rod set;
4. North 71 Degrees 35 Minutes 05 Seconds West a distance of 88.89 feet 1o a I/2 inch iron rod set;
5. North 84 Degrees 17 Minutes 41 Seconds West a distance of 45.38 feet to a 1/2 inch iron rod set on the South right-
of-way of Edwards Road and the North line of Allen Estates Mobile Home Park;
Thence North 88 Degrees 46 Minutes 00 Seconds West xvith the South right-of-way of Edwards Road and the North
line of Allen Estates Mobile Home Park along the said fence a distance of 1,097.58 to the PLACE OF BEGINNING
and enclosing 1.440 acres of land of which 1.160 acres lie within the dedicated right-of-way &Edwards Road.
10-26-01
Exhibit "B"
~°~°~°o~<
ROAD
1.440 ACRES IN THE G.
10-26-01
1"=200'
CF
WMC
Z
D. HOUGH MY. A-646
C
C
Surv. eyors &
NortEng~eers of
Texas, Inc.
5 83 053 .
City of Denton
Engineering Department
City Hall East
601 E. Hickory, Suite B
Denton, Texas 76205
Attention: Paul Williamson
Fi[ed fer Recocd in=
DENTON COUNTY. TX
CYNTHIfl HITCtlELL~ COUNTY CLERK
On Oct ~?, L~02
Receipt i:
Reco~d[a§= t7.00
Doc/Num
Doc/Type ~ DEB
Deputy --ERIN