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2001-132 OP, DrNANCE NO AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF NORTH LAKES PARK FOR THE PURPOSE OF A DRAINAGE EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, PROVIDING FOR A DRAINAGE 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 heanng 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 drainage easement of approximately 175 linear feet across the park for proper stormwater drainage, and WHEREAS, Church of the Immaculate Conception desires to construct a stormwater drmnage pipe across North Lakes Park since alternative options would not be feasible and prudent, and WHEREAS, the City provided notice in the Denton Record Chronicle on March 4, March 11, and March 14, 2001 of a Public Heanng to be held on March 27, 2001 in the Council Chambers to consider the alternatives to the use of City Park for the subject stormwater drmnage easement, and WHEREAS, the City Council on February 6, 2001 received testimony at a public heanng on the issues of no feasible and prudent alternative to the use of the property for the proposed project and that the project ~ncludes all reasonable planning to minimize harm to the North Lakes Park resulting from the drmnage easement, and WHEREAS, the City Council finds that the project does not fall wlttun 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 stormwater drmnage 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 Drmnage Easement and stormwater pipeline proposed by the Chruch of the Immaculate Conception (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 stormwater drainage pipe shall be constructed in a manner so that the park land may still be used by its patrons ax2er completion of the Project in the same manner it was used prior to the ProJect SI~CTION 2 A drmnage easement shall be signed by the City Manager or his designee and approved by the C~ty Attorney allowing the use of the park property for the ProJect as referenced above with appropriate prowslon to insure the improvements are constructed ~n accordance with City Subd~wslon Rules and Regulations, protects the patrons using the park from ~njury and damage both dunng 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 C~ty SECTION 3 Dunng constmcUon of the ProJect, temporary use of such additional park land necelsary to stage the construction of the improvements may be approved by the D~rector of Parks and Recreation Department However, at the completion of the construction actlwUes for the Projeot such add~Uonal park land shall be restored to the condition to which it existed prior to the begmmng of such construction actlwt~es SECTION 4 The rights and benefits set forth m this ordinance may not be assigned w~thout the express written consent of the C~ty SECTION 5 The findings contained in the preamble of th~s ordinance are incorporated ~nto the body of th~s ordinance SECTION 6 Th~s ordinance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED this the ~ ~ day of ~fi/Z~(_ ~j/~ ,2000 EULINE BROCK ,MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FO~ HE~E~~TTO~EY Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION PERSR%NENT DRAINAGE EASEMEArT BEING 0 168 acres of land located In the R BEAUMONT SURVEY, Abstract No 31, Denton, Denton County, Texas and being a portion of the Tract of land conveyed to the City of Denton, Texas by the deed recorded in Volume 664, Page 652 of the Deed Records of Denton County, Texas Said 0 168 acres being more particularly described by metes and bounds, as follows BEGINNING at a point in the West boundary line of the aforesaid R BEAUMONT SURVEY, being the center line of Bonnie Brae Street N and being located N 01© 56' 58" E 138 80 feet, from the Southwest corner of the aforesaid City of Denton Tract, THENCE N 01° 56' 58" E 45 50 feet, along the West boundary line of said BEAUMONT SURVEY, the center line of said Bonnie Brae Street N , and the West boundary line of said City of Denton Tract, to a point, THENCE N 63° 28' 56" E 159 61 feet, to a point, TMENCE S 57° 43~ 26" E 46 77 feet, to a point, THENCE S 63° 28' 56" W 205 53 feet, to THE PLACE OF BEGINNING, containing 0 168 acres (7,303 square feet) of land 0~/19/200~ Og 26 ~26~g~47 KERRI PAGE 03 PERMANENT DI?,AI AGE EASEMENT C£NrFE'~_ LINE INTERSECllOj OF WINDSOR DRIVE PERMANENT DRAINAOE EASEMENT 0 168 ACRES / 7503 SQ FT ~ , ~r~'~'"/ S 57°45'26"E \ ".~ ~ °"L~ %' 77' -- 45.50' i ~ '~ - ,'j.u" CI'~Y OF DENTON. TEXAS mntuT ~r I~ir~ltQk{IHR-~ I~ VOL 664-, PG 652 r~,,~, v. ........ .[-- i.~ D R D.C.T VOL 470~, P~ 411 D.R.D~,T