O-2540-7-06ORDINANCE NO. 2540.7-06
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, MAKING LEGISLATIVE FINDINGS OF FACT AND
CONCLUSIONS; APPROVING THE USE OF A PORTION OF NEIGHBORHOOD
PARK FOR A GAS DISTRIBUTION PIPELINE EASEMENT; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 26 of the Texas Parks and Wildlife Code requires that a city must make certain
determinations prior to the approval of any project that requires the use or taking of any public land
designated and used as a park; and,
WHEREAS, the City Council has provided 30 days written notice to the Parks Director of a public hearing
to consider a proposed project to use a portion of Suncreek Park for a gas distribution pipeline, as shown on
Exhibit "A" attached; and,
WHEREAS, notice has also been given to the public by publishing a notice once a week for three
consecutive weeks, the last of which publications was not less than one week or more than two weeks before
the date of the public hearing, and which notice was published in the newspaper of general circulation in the
City, published at least six days a week in Collin County, Texas; and,
WHEREAS, the public hearing on the proposed project was conducted by the Allen City Council on July 25,
2006, at which time all those desiring to do so presented written or oral testimony; and,
' WHEREAS. the City Council has considered clearly enunciated local preferences in the course of such
public hearings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City Council of the City of Allen, Texas finds that the premises hereof are tme and
correct and determines and finds the following facts from the public hearing and its investigation:
A. A permanent easement is needed by ATMOS Energy for the fortification of its natural gas
service to the Montgomery Farm development, due east of Suncreek Park and on Bethany
Drive.
B. The proposed easement follows the right-of-way of Alma Drive at the eastern boundary of
Suncreek Park, the right-of-way already found to be occupied to a maximum extent with
existing utilities, and the western right-of-way found to be in the same condition.
C. The proposed project will not adversely affect the use of the remaining park property for
park purposes, nor will it preclude the City's construction of a future park sign and
landscaping.
SECTION 2. The City Council further finds and determines, after the public hearing and testimony, and in
its legislative capacity, that:
A. There is no feasible or prudent alternative to the use or taking of a portion of Suncreek Park
for the gas pipeline easement;
B. The project includes all reasonable planning to minimize harm to the Park resulting from the
use or taking;
C. The City Council has considered clearly enunciated local preferences, and is of the opinion
and finds that approval of the project is justified and in accordance with the requirements of
Chapter 26 of the Texas Parks and Wildlife Code.
SECTION 3. Based on the findings and determinations made herein, approval is hereby given by the City
Council of the City of Allen, Texas to the use of a portion of Suncreek Park for an easement for the extension
of a natural gas pipeline through Suncreek Park; plans to minimize harm to the Suncreek Park resulting from
the use and taking are hereby approved; and the City Manager is directed to proceed with the additional
planning and steps necessary to give effect to the project.
SECTION 4. This ordinance shall take effect immediately from and after its passage, and it is accordingly
so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 25TH DAY OF JULY, 2006.
APPROVED AS TO FORM:
Peter G. Smith, CITY RNEY
1
APPROVED: %'�
Stephen Terrell, MAYOR
ATTEST:
Shelley & Gemgq CI SECRETAR
Ordinance No. 2540-7-06, Page 2
EXHIBIT "A"
Lying and situated in the City of Allen, Collin County, Texas, the Joseph H. Wilcox
Survey, Abstract No. 1017 and being a part of that certain tract of land called 4.265
acres in a Special Warranty Deed to the City of Allen recorded in Collin County Clerk
File No. 2002-0088665 and being more particularly described as follows:
BEGINNING at a 1/2 -inch iron rod found in the southeast right of way line of Alma Drive
(110 feet wide) for the most northerly comer of the above mentioned tract;
THENCE S 02° 01' 04' W. departing said right of way line and along the east line of
said tract, 5.71 feet;
THENCE S 630 09' 08' W, departing said east fine, 254.19 feet to the beginning of a
curve to the left having a radius of 940.00 feet, a central angle of 29° 48' 52% and a
chord that bears S 48" 14' 42' W, 483.64 feet;
THENCE in a souUrweslerly direction along said curve an arc distance of 489.14 feet to
a point on the southwest line of said tract;
' THENCE N 63° 58'24* W, along said southwast line, 5.04 feet to a point on the curving -
southeast right of way line of Alma Drive;
THENCE northeasterly along said curving right of way line vrith a curve to the right
having a radius of 945.00 feet, a central angle of 29° 51' 12', and a chord that bears N
480 13' 32' E, 486.83 feet an arc distance of 492.36 feet to a 1124nrh iron rod found;
THENCE N 63° 09' 08' E, continuing along said right of way line, 254.19 feet, to the
Point of Beginning and containing 3,717.85 square feet of land, more or less.
Page 1 of 2
Ordinance No. 2540-7-06, page 3
I
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BEARING BASIS:
THE SOUTHEAST RIGHT OF WAY LINE OF ALMA DRIVE PER DEED
RECORDED IN COLLIN COUNTY CLERK FILE# 97-0004500.
JOSEPH H. WILCOX SURVEY
ABSTRACT NO. 1017 1/2 -IRON ROD
FOUND
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FOUND
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/ COWN COUNTY CLERK FILE# 2002-0088665
4236
R - 94nON
L 48&14'51.W 311 '•
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CB - 54814'42' w
KNOW AL. MEN BY THESE PR M -
TUT 1 w,wlw S WIRU, REQ M PRDF6510NAL
RAND SUR4EYg3 W HEREBY OECIANE THAT TNM PLAT IS
THE R T OF A SURVEY NADE ON THE o NO UNDER
Nr PERSC"AL SUPE R"aa' ON LwiCN 1' y
EXHIBIT `A"
AND ALLDIMENSIONS ARE ME AND 00 E
ro TIE rEsr a ur Iwow>FncE.
ATMOS ENERGY
EASEMENT
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PAGE 2 OF 2
Ordinance No. 2540-7-06, Page 4
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