2001-133 ORDIN CE NO
NORTH Lb~L~S p~l~C ALONG BO~IE Bt~E STREW? 1000 FEET SOUTH OF WEST
CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, PROVIDING FOR A
STREET DEDICATION EASEMENT, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Section 26 001 of the Texas Parks of Wlldhfe 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 Church of the Immaculate Conception desires to improve public
transportation to the City of Denton by constructing a left turn lane for approximately 400 linear
feet on Bonnie Brae Street along North Lakes Park by widening a public street, and
WHEREAS, the Church of the Immaculate Conception desires to construct the public
street turn lane along 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 18,2001 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 street project, and
WHEREAS, the City Council on March 27, 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
prolect and that the prolect includes all reasonable planning to minimize harm to North Lakes
Park resulting from the public street widening, 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 public street project includes all reasonable planning to
minimize harm to the park as a result of the prolect, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The public street widening proposed by the Church of the Immaculate
Conception (the "Project") shall be constructed and maintained above 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 public street be constructed in a manner
so that the park land may still be used by its patrons after complet,on of the ProJect ,n the same
manner ,t was used prior to the ProJect
SECTION 2 A pubhc street dedication easement shall be composed by the City
Manager or his designee and approved by the City Attorney allow,ng the use of the park property
for the ProJect as referenced above w,th appropriate prov,s,on to ,nsure the improvements are
construetod ,n accordance with C,ty Subd~v,s,on Rules and Regulations, protects the patrons
using the park from injury and damage both dunng and after construct, on 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 Dunng construct,on of the ProJect, temporary use of such addmonal park
land necessary to stage the construction of the ,mprovements may be approved by the D,rector of
Parks and Recreation Department However, at the complet,on of the construct,on actlv,tles for
the ProJect such addmonal park land shall be restored to the cond,t~on to whmh ,t exmted prior to
the begmmng of such construct,on activities
SECTION 4 The rights and benefits set forth m this ordinance may not be asmgned
w~thout the express written consent of the City
SECTION 5 The findings contmned ,n the preamble ofth~s ordinance are ~ncorporated
into the body of th~s ord,nance
SECTION 6 This ordinance shall become effective ~mmedmtely upon its passage and
approval
PASSED AND APPROVED this the~//day of ~ ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
Page 2 of 2
LEGAL DESCRIPTION
RIGHT-OF-WAY EASEMENT
BEING 0 610 acres of land located in the R BEAUMONT SURVEY, Abstract
No 31, 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 584,
Page 167 of the Deed Records of Denton County, Texas Said 0 610 acres
being more particularly described by metes and bounds, as follows
BEGINNING at a point in the centerllne of Bonnie Brae Street North, being
the Northwest corner of said City of Denton Tract, and lying in the
West line of said R BEAUMONT SURVEY,
THENCE S 88° 03' 02" E 45 00 feet, along the North line of said
City of Denton Tract, to a point,
THENCE S 01° 56' 58" W 590 74 feet, along a line 45 0 feet, East of
and parallel to the West line of said City of Denton Tract, to a
point in the South line of said City of Denton Tract,
THENCE N 88° 03' 02" W 45 00 feet, along the South line of said
City of Denton Tract, to a point at the Southwest corner thereof,
said point lying in the centerl~ne of said Bonnie Brae Street
North,
THENCE N 01° 56' 58" E 590 74 feet, along the West l~ne of said
C~ty of Denton Tract, and the centerllne of said Bonnie Brae Street
North, also being the West llne of said R BEAUMONT SURVEY, to THE
PLACE OF BEGINNING, containing 0 610 acres (26,583 square feet) of
land,
crlY OF DENTON
..... VOL. 584, PG. 167
D.R.D.C.T.
FEBRUARY 16, ~1
4.00'