2000-175ORDINANCE NO
AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF
BENT CREEK PARK ON FT WORTH DRIVE CLI S 377) SOUTH OF THE KANSAS CITY
SOUTHERN RAILROAD 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 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 plaunmg to mlmmlze
harm to the park resultmg from such use, and
WHEREAS, the City of Denton desires to improve public water utility service to the City
of Denton by constructing a 20" water hne 1008 67 linear feet across the frontage of 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 Chromcle on April 23, April
30, and February 7, 2000 of a Pubhc Hearing to be held on Mayl6, 2000 in the Council
Chambers to consider the alternatives to the use of City Park for the water line project, and
WHEREAS, the City Council on May 16, 2000, 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 includes all reasonable planning to minimize harm to the Bent Creek
Park resulting from the public street crossing, 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 water line project includes all reasonable planmng to
minimize harm to the park as a result of the project, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SE_.~..T!Q_N~ The public utility easement proposed by the City of Denton Water
Utalmes(the "ProJect") shall be constructed and malntmned below the surface of the park
property described m ExhlNt A, which is attached hereto and made a part hereof for all purposes,
and that the surface of the park after installation of the water line be constructed in a manner so
that the park land may still be used by ~ts patrons after completion of the ProJect an the same
manner at was used prior to the ProJect
~ A pubhc utflaty easement shall be s~gned by the C~ty Manager or has
desagnee and approved by the Caty Attorney allowing the use of the park property for the Project
as referenced above wath appropriate pmvasaon to insure the ~mprovements are constructed an
accordance wath Caty Subdavasaon Rules and Regulations, protects the patrons usmg the park
from injury and damage both dtmng and after constmctmn of the Project, compensates for the
reasonable market value of the use hereto granted and generally protect the health, safety and
general welfare of the Caty
~.G._TLO__h~ Dunng construction of the Project, temporary use of such addataonal park
land necessary to stage the constmctaon of the amprovements may be approved by the Darector of
Parks and RecreaUon Department However, at the completmn of the constructaon actavmes for
the Project such addmonal park land shall be restored to the condmon to whmh at exasted prior to
the begmmng of such constmctaon actavataes
~ The rights and benefits set forth in th~s ordanance may not be assagned
wathout the express written consent of the Caty
~G.I. LQ]S~ The findings cont0med an the preamble of thas ordanance are ancorporated
~nto the body ofthts ordanance
~ Thas ordanance shall become effective ~mmedmtely upon ats passage and
approval
PASSED AND APPROVED th~s the /(~--~ day of
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
,2000
EULINE BROCK, MAYOR
Page 2 of 2
FIELD NOTES
30~ TEMPORARY PUBLIC UTILITY EASEMENT
0 776 ACRES
CITY OF DENTON
Being alt that eertam lot, tract or parcel of land situated in the B B B & C R R Company
Survey, Abstract Number 196 and the W Roark Survey, Abstract Number 1087, City of Denton,
Denton County, Texas, being part of that certain called 21 472 acre tract of land descnbed in
deed to tho City of Denton, Tea:es, recorded under Clerk's File Number 97-055783 of the Real
Property Records of Denton County, Texas, and being more particularly described as follows
BEGINNING at a point on thc nortbeasterly line of said 21 472 acre traCt and the southwesterly
line of the Atchison, Topeka and Santa Fc Railroad Company right-of-way (150' right-of-way),
from which point the northwest comer of said 21 472 acre tract bears N 34035'57" W, 106 07
feet,
THENCE S 34°35'57" E, 38 27 feet, along tho southwesterly line of said ratlroad and the
~ot~heesterly line of satd 21 4"/2 acre ~ract, to a point,
THENCE N 86013'35" W, 121 42 foot, to a point that is 50 feet from at right angles to thc
southeasterly rtltht-of-way ofU S Highway 377 (200' right-of-way),
THENCE S 44039'03" W, 1011 98 feet, parallel with and 50 feet from at right angles to thc
southeasterly right-of-way line of said U S Highway 377, to a point on the west line of sard
21 472 acre tract m a ~ same being on tho east line of that certain called 192 5 acre tract of
land described in deed to V D Butch, recorded tn Volume 288, Page 137 ofthe Deed Records of
Denton County, Texas,
THENCE N 1 $°46'59" W, 34 49 feet, with said creek along the east line of said Butch tract and
the west |mo of said 21 472 acre tract, to a point that is 20 feet from at right angles to the
northwesterly line thereof and the southeasterly line of said U S Highway 377,
THENCE N 44039'03" E, 1008 67 feet, parallel with and 20 feet from at right angles to the
southeasterly hno of said U S HIshway 377 and the northwesterly hnc of smd 21 472 acre tract
to a point,
THENCE S $6° 13'35" E, 111 38 feet, to the POINT OF BEGINNING and containing
approximately 0 776 acres of land
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FIELD NOTES
20~ PERMANENT PUBLIC UTILITY EASEMENT
0 588 ACRES
CITY OF DENTON
Being all that certain lot, tract or parcel of land situated In the B B B & C R R Company
Survey, Abstract Number 196 and the W Roark Survey, Abstract Number 1087, C~ty of Denton
Denton County, Texas, being part of that certain called 21 472 acre tract of land described in
deed to the City of Danton, Texas, recorded under Clerk's File Number 97-05578:3 of the Real
Property Records of Denton County, Texas, and being more particularly described as follows
BEGINNING at the most northerly comer of said 21 472 acre tract, said point being the
intersection of the southeasterly line ofU S Highway 377 (200' right-of-way) with thc
southwesterly line of the Atchison, Topeka and Santa Fe Railroad Company right-of-way (150'
right-of-way),
THENCE S 34°35'57" E-, 106 07 feet, along the southwesterly line of said railroad and the
northeasterly line of said 21 472 acre tract to a point,
THENCE N 86° 13'35" W, 111 38 feet, to a point that is 20 feet from at right angles to the
southeasterly right-of-way ofsaid U S Highway 377,
THENCE S 44°39'03" E, 1008 67 feet, parallel with and 20 feet from at right angles to the
southeaatarly right-of-way line of s~ud U $ Highway 377, to a point m a creek on the west line
of said 21 472 aero tract, same being on the east line of that certain called 192 5 acre tract of land
dascnbed m deed to V D Butch, recorded m Volume 288, Page 137 of the Deed Records of
Denton County, Texas,
THENCE N 15°46'59" W, 22 99 feet, with said creek along the east line of said Butch tract and
thc west line of said 21 472 acre tract to the nonhwast comer thereof on thc southeasterly hne of
said U S Highway 377,
THENCE N 44°39'03" E, 1090 00 feet along the southeasterly line of said U S Highway 377 and
the northwesterly line of said 21 472 acre tract to the POINT OF BEGINNING and containing
approximately 0 588 acres of land
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