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2001-346 NO AN ORDINANCE APPROVING A NOTICE OF RESTRICTION FOR A STREAM AND STREAM BUFFER AREA PRESERVE ASSOCIATED WITH THE CONSTRUCTION AND MANAGEMENT OF CROSS TIMBERS PARK, WHICH PRESERVE AREA IS A THREE ACRE TRACT OF LAND BEING A PORTION OF LOT 23, BLOCK E, RYAN RANCH, AN ADDITION TO THE CITY OF DENTON, TEXAS, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The Ctty Manager, or h~s designee, ~s hereby authonzed to execute a Not,ce of Restriction for a stream and stream buffer preserve assomated with the construction and management of Cross T~mbers Park, m substantmlly the form of the Notme of Restriction which ~s attached to and made a part of thru ordinance for all purposes SECTION 2 The Ctty Manager, or his designee, ~s authorized to record the NoUce of Restriction m the Land Records of Denton County, Texas SECTION 3 Th~s orchnance shall become effective immediately upon ~ts passage and approval g£em er ,200i PASSED AND APPROVED th~s the -- day of EULINE BROCK, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY £1'" A~OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY NOTICE OF RESTRICTION STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON } The City of Denton, Texas is the owner of that certmn real property descnbed and shown in Exhibits "A" and "B" attached hereto and made a part hereof by reference (the "Property") Any purchaser of all or any part of the Property or any person hawng an interest ~n or proposing to acquire an ~nterest in all or part of the Property, ~s hereby notffied that development restrictions affecting the Property are as follows 1 The Property, or a portion of the Property, ~s hereby dedicated ~n perpetmty as a stream and stream buffer area preserve assocmted w~th the construction and management of the Cross T~mbers Park The Property ~s dedicated for the purpose of prowdmg compensatory mitigation for adverse ~mpacts to waters of the Umted States, mcluthng wetlands The Property shall not be d~sturbed except by those Umted States Army Corps of Engineers ("USACE") approved activities that would not adversely affect the intended extent, condition, and function of the mitigation area Disturbance of the dedicated Property may require Department of the Army authorization 2 Tins restriction may not be removed or rewsed w~thout obtmmng a written modfficatlon of the aforementioned USACE authorization by the USACE Modifications may be granted only by the USACE This notice of restriction does not grant any property rights or exclusive pnwleges EXECUTED THIS/~_~day of ~ ,2001 CITY OF DENTON, TEXAS By ~Y~~/~ II~bI,~Lt~( C6NI~I~F,~I~AGER Page 1 S \Our Documents\Contracts\01 ~Army Corp Restnct~on-Cmss Timbers doc ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM ACKNOWLEDGEMENT SUBSCRIBED AND SWORN TO BEFORE ME by Michael P~ Conduf_f, City Mgnager for the C~ty of Denton, Texas, on behalf of such city, on this the ]~//day of 4v4em_, F, 2002, to certify which wlmess my hand and seal of office Pi4/nt Name ~/WE- "' ";'"; ' JANE E RICHARDSON I[ ~Y'$~% Notary Public State of Texas I[ l,l Notary Pubhc, State of Texas My Commission Expires June 21, 2005 Notary Commission Expires Page 2 S \Our Documents\Contracts\01~Army Corp Restnctmn Cross T~mbers doc I, MIT/GA T/ON AREA EXHIBIT "A " RYAN RANCH PHASE I CAE S PG LOT ,,?3 BLOCK PARK DEDICA EON RYAN RANCH PHASE I CA8 5, PG 12I ' N/89'32'09" 250 00' ' ~ $ 0 r27'51" 522. 72' '~"'~'~"2~ SCALE i AUGUST 20, 200! , s 8~'z2'o~ I 250. 00' I ~ PHASE I CA~ ~ PG 12t ~ 22 LOT 23 BLOCK E O~KS OF  PA~K OEDICA~ON ~ PHASE ~ ' EYAN ~ANCH CAB K PO 376 / ~ ~ HI~Y ~EEK RO~ NATHAN D MAIJ~R CONSULTING ENGINJ~ERS, INC Two Northpork / 8080 Park Lane / Su*le 600 Dallas, Texas 752,~1 / Ph (214) 7,39-4741 10$6~NOID~ Hu~ ~u u! u.~u'~,a 19at,.?m~n U Ma%e?' mc P_ ;~l~73:smS~NB1 M/T/GA T/ON AREA EXHIBIT "B" FIELD NOTES BEING olt that certain lot, tract or parcel of lend located ~n the N Br~tton Survey, Abstract Number 51, C~ty of Denton, Denton County, Texas, sold lot, tract or parcel of land being o port~on of that certomn Lot 23, Block E, Ryon Ranch, Phase I, occordmng to the plot thereof recorded ~n Cabinet S, Page 121, Plot Records, Denton County, Texas, so~d lot, tract or parcel of land being more particularly described os follows BEGINNING at o po~nt for southeast corner of the here~n described lot, tract or parcel of land, sa~d po~nt being located S 89'32'09" W, o d~stance of 260 59' tram the northwest corner at Oaks of Monteclto, Phase 1, occordtng to the plot thereof recorded in Cabinet K, Page 376, Plot Records Denton, County, Texas, THENCE S B9 32'09" W, o distance of 250 00' to o po~nt for corner~ THENCE N 00'27'51" W, o dmstonce of 522 72' to o po~nt for corner, THENCE N 89'32'09" E, o dmstonce of 250 00' to o pomnt for corner, THENCE S 00'27'51" E, a distance at 522 72' to the POINT OF BEGINNING containing 3 O0 acres, 150,680 Sq Ft of land, more or less BASIS OF BEARINGS for the herein descrmbed tract at land is the easterly I~ne of Ryon Ranch, Phase I, according to the plot thereat recorded ~n Cabinet S, Page 121, Plat Records, Denton, County, Texas NATHAN D MAI£E CONSULTING ENGINEERS INC Two Northpork / 8080 Pork Lone / 5u,te 600 Dallas Texas 75231 / Ph (214) 759-4741