2000-248S ~0.'nocumeouWWo®o~fnPAm~y CoryR Won dx
ORDINANCE NO 6T 0-159110
AN ORDINANCE APPROVING A NOTICE OF RESTRICTION FOR A 14 897 ACRE
MITIGATION AREA ON SOUTH LAKES PARK REQUIRED BY THE UNITED STATES
ARMY CORPS OF ENGINEERS, AUTHORIZING ITS EXECUTION BY THE CITY
MANAGER OR HIS DESIGNEE, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the United States Army Corps of Engineers has required that the City of
Denton place certain mitigation restrictions on a portion of South Lakes Park associated with the
construction of the South Lakes Park Detention Pond, and
WHEREAS, the City Council of the City of Denton, Texas finds that the approval of
these mitigation restrictions is in the public interest, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The City Manager, or his designee is hereby authorized to execute the
Notice of Restriction in substantially the form of the document attached to and made a part of
this ordinance
SECTION 2 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the day of 2000
Gam- Alr-~
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY L:2!f-b lzt~
APP OVED AS TO LEGAL FORM
HER
BY
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 certain real property described and shown in
Exhibit "A" attached hereto and made a part hereof by reference (the "Property") The Property
is subject to special conditions of Department of the Army Nationwide Permit 26 for Project
199900601, dated March 1, 2000, or a revision thereof One of the special conditions of the
referenced permit requires restrictions be placed on the Property for the purpose of providing
compensation for adverse impacts to waters of the United States Any purchaser of all or any
part of the Property or any person having an interest in or proposing to acquire an interest in all
or part of the Property, is hereby notified that development restrictions affecting the Property are
as follows
1 The Property, or a portion of the Property, is hereby dedicated in perpetuity as a
stream and stream buffer area preserve associated with the construction of the
South Lakes Park Detention Pond The Property is dedicated for the purpose of
providing compensatory mitigation for adverse impacts to waters of the United
States, including wetlands The Property shall not be disturbed except by those
United 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 This restriction may not be removed or revised without obtaining a written
modification 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 privileges
EXECUTED THIS J day of 2000
CITY OF DENTON, TEXAS
ByY 40 9
IC AEL , CITY MANAGER
Page 1
S \Our Documents\Contracts\00\A=y Corp Restnction doc
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CPVATT
BY
ACKNOWLEDGEMENT
SUBSCRIBED AND SWORN TO BEFORE ME by chael W Jez, City Manager for the City
of Denton, Texas, on behalf of such city, on this then day of n~bjjC 2000, to certify
which witness my hand and seal of office
MMMMMfta-
Jd
"S" JENNIFER K WALTERB
Notary Public Stare 'f 1"".
fly Cnmmissmn Exp,rem
December 19, 2002
nt N e 3e n n r G~- GJa
otary ubhc, State of Texas
Notary Commission Expires /j//9/'0A
Page 2
S \Our Documents\Contracts\OOWrmy Corp Resmenon doe
MAY-18-2000 15 10 TEAGLE HALL AND PERKINS 0173362813 P 03/04
"EXHIBIT A"
PROPERTY DESCRIPTION
14.897 ACRES SITUATED IN THE C POULLALIER SURVEY, A-1007, DENTON COUNTY,
TEXAS SAID ACREAGE IS ALSO A PORTION OF A TRACT OF LAND DESCRIBED TO
THE CITY OF D13NTON ACCORDING TO THE DEED RECORDED IN VOLUME 3257, PAGE
971, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS SAID ACREAGE IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS
COMMENCING AT A K INCH IRON ROD FOUND (UNDERNEATH A SIDEWALK) FOR
THE NORTHEAST CORNER OF SAID CITY TRACT,
THENCE S00°00'25"W ALONG THE EAST LINE OF SAID CITY TRACT, 1683 51 FEET,
THENCE N89°59'35"W LEAVING SAID EAST LINE, 292 00 FEET THE PLACE OF
BEGINNING,
THENCE S00°00'25"W, 588 00 FEET,
THENCE S44°59'35"E, 141 42 FEET,
THENCE S00000'25"W, 1040 00 FEET,
THENCE N89°59'35"W, 137 00 FEET,
THENCE NOO°00'25"E, $23 00 FEET,
THENCE N89059'35"W, 395 00 FEET,
THENCE N00°00'25'8,1205 00 FEET,
THENCE S89°59'35'8, 432 00 FEET TO THE PLACE OF BEGINNING
PREPARED FROM AN ON THE GROUND SURVEY PERFORMED IN THE MONTH OF MAY
2000
DATE ,f/A-&206
DANIEL R EMAMACK, R.P L S 4451
SEE SHEET NO 3 FOR SKETCH SHEET 2 OF 3
L 1PROJ-R141DEN98322%PR0PERTY doe EXHIBIT 'A'
TEAOUE NALL AND
SKETCH SHOWING
MITIGATION AREA
CITY OF DENTON,
DENTON COUNTY,
TEXAS
SCALE 1" - 400'
w I,=
xa I
we x xa 1w J
T-a.lwr
PLACE OF BEGINNING
PODULALIER
SURVEY
G A, 1001
NOTE
SEE SHEET NO 2 FOR METES AND BOUNDS
NOTE
BEARINGS
CITY UPON THE O
OF DENTON!(VOL 3257 PC0
THE 971)
8173362813 P 04/04
I
I
I
I
I
s
N
~ c
I
I
I
I
I ot
•S9 35 jot
I
I a
gig
I ~
14 897 AC
MITIGATION Xl
AREA
sl
89 59 35-V ~i cc
N99.59 35 V
FDIC
I
ro
~
CITY OF DENTON
r
VOL 3237 PO 971
O O
6-19-1992
zo
44k ~ _i CID L)
W TEAQUE ~NALL AND PERKING
F.DI 5w., Aoor76f0i
!i 1 7J d 773
SE CORNER C POULLALIER SURVEY
A-1007 (BY DE D CALL)
1
1
AA Ox ~ \
If/ 1MA ~ xw4 !x„i-aaY
ROW I
L \PR04-R14\DEN98322\PROPERTYdwg JOB NO DEN98322 SHEET 3 OF 3
TOTAL P 04