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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 kmm 99163ulb wpd ~ 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 kmm 99163ula wpd