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sAour documents\ordinances\09\chap 26 ordinance denton waterline easementloop 288 mp 724 l .doc
ORDINANCE NO. 204�-- 3D6o
AN ORDINANCE GRANTING APPROVAL OF A PUBLIC UTILITY EASEMENT FOR
SUBSURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL SOUTH
'OF LOOP 288 NEAR MILE POST 724.1 IN ACCORDANCE WITH CHAPTER 26 OF THE
TEXAS PARKS AND WILDLIFE CODE; 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 hearing that there is no feasible and prudent alternative to the use of such land
for the proposed project and the proposed project includes all reasonable planning to minimize
harm to the park resulting from such use; and
WHEREAS, the City of Denton desires to provide for a required public utility easement
of approximately 401.78 linear feet and 0.153 acres along and across the trail for proper water
and other public utility services; and
WHEREAS, the City of Denton desires to construct a water pipeline across the Denton
Branch Rail/Trail since alternative options would not be feasible and prudent; and
WHEREAS, the City provided notice in the Denton Record Chronicle on November 9,
16 and 23, 2009 of a Public Hearing to be held on December 1, 2009 in the Council Chambers to
consider the alternatives to the use of City Park for the subject public utility easement; and
WHEREAS, the City Council on December 1, 2009, received testimony at a public
hearing 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
Denton Branch Rail/Trail resulting from the public utility easement; 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 and public utility project includes all
reasonable planning to minimize harm to the park as a result of the project; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Public Utility Easement and water pipeline proposed by the City of
Denton (the "Project") shall be constructed and maintained below the surface of the park
property described in Exhibit A, which is attached hereto and made a part hereof for all purposes,
and that the surface of the park after installation of the public utilities shall be constructed in a
manner so that the park land may still be used by its patrons after completion of the Project in the
same manner it was used prior to the Project.
S:\Our Documents\0rdinances\09\Chap 26Or6nancc Dalton watcrihic EasaneatLoop 288 MP 724 Ldoc
SECTION 2. A Public Utility Easement which is revocable as required by law (National
Trails System Act, 16 U.S.C. 1247(d)) shall be signed by the City Manager or his designee and
approved by the City Attorney allowing the use of the park property for the Project as referenced
above with appropriate provision to insure the improvements are constructed in accordance with
City Subdivision Rules and Regulations; protects the patrons using the park from injury and
damage both during and after construction of the Project; compensates for the reasonable market
value of the use herein granted and generally protects the health, safety and general welfare of
the City.
SECTION 3. During construction of the Project, temporary use of such additional park
land necessary to stage the construction of the improvements may be approved by the Director of
Parks and Recreation Department. However, at the completion of the construction activities for
the Project such additional park land shall be restored to the condition to which it existed prior to
the beginning of such construction activities.
SECTION 4. The rights and benefits set forth in this ordinance may not be assigned
without the express written consent of the City.
SECTION 5. The findings contained in the preamble and recitals of this ordinance are
incorporated into the body of this ordinance.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval. �y
PASSED AND V 5G . APPROVED this the �_ day of kamkt )2009.
ATTEST..
JENNIFER WALTERS, CITY SECRETARY
By: 0 r—
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: XLe C--,
�l
MARK A. BURk101EfGHS, MAYOR
Page 2 of 2
rthur Survey nCo, " I.nC. :
Professional.Zand Surveyors
Y.O..Box 54 -• LexN isville, Texas 75(X)7
0fl ice: (972) 221-9439 --Fax: (972) .221-4675
EXHIBIT. A
16' Water Utility Easement
0.4 53 .Acres.
_ in the E
R. R' Hopkins Survey; Abstract No..1634 -
. and
J. S. Taft Survey, -Abstract No. 1256 -
City of Denton
Denton .County, Texas
BEING::all that certain lot; tractor parcel of land situated in the R. R.. Hopkins Survey;
_ 6stract No. `1634 and.` ..- S_ Taft Survey,: Abstract No. 1256, City of Denton, Denton_
Coup Texas `and being art of that .certa.in tract of land described :in, deed to the City of
tY�. g P y
Denton; Texas, recorded under County Clerk's. Fite -_No: '2001-0076013 .of the .-Real:
.
Property Records of, Denton. County, Texas, and being- more =particularly ;described as
follows:.
BEGIlATNING:at. a point in the southwesterly line of said City of Denton tract from 'Which
`a Texas -Department of Transportation monument bears South 41 degrees 51-minutes 17
seconds Easf; a distance of 5.44 feet; said point being the most northerly corner' of Lot
4R Block A, -Golden Triangle.Mini-Mall Addition, an addition to the City of.Denton;�
Denton County; Texasaccording to the plat -'thereof recorded in Cabinet Q Page 260 of
the. Plat Records of Denton County,- Texas;
THENCE North ,59 degrees.43 minutes. 58 :seconds East, over _across and•through said
City of Denton _tract, :a_ distance of 32.67 feet to a point, for comer;
THENCE South 41 degrees 51 minutes 17 seconds East, continuing through said' City of .
Denton tract, . a. distance of 16.32 feet to a point for -comer; -
THENCE. South -59 degrees 51 minutes 00 seconds West, continuing_ -through .said City
of Denton -tract; 'a distance of .16.34 feet to a point -.for comer;
THENCE- South .41 degrees.-51 minutes 17 seconds East, 16 feet from and parallel to the -
northeasterly -line of said. Lot 0 - a distance of 176.21 feet to a point for corner;
THENCE North 48 degrees 14 minutes 12 seconds'East, continuing through said City of
Denton tract, a distance of 83.02 feet to a point in the southwesterly. line of Lot 11, Block
A; Denton. Towne..Crossinc, an addition to the City of Denton, Denton County, Texas,
according.tathe plat.thereof recorded in Cabinet W, Pages 893-896 of the Plat -Records of
Denton County, Texas;
THENCE South 41 -degrees 51 minutes 17 seconds East, with the southwesterly -line -of E
z:\2009\codVo6p 2Wrails-to trails wl e1-t\docs\esmi l.doc
rt ur Surveying CO., In'C.
Jr-'rofessional b a ld Surveyor
Y.O. Box 54 — Lewisville, Texas 75067
((Tice: (972).221-9439- - Fax: (972) 221a4675
said' Lot` 1`1; a distance of 1:6:00 feet :to a point or corner;
THENCE .South .48 degrees 44 minutes 12 seconds West, continuing through said `City _
.of Denton.tract, a distance of 83.02 feet to a point. being 16 feet from and perpendicular
__to the northeasterly-.aine, of said.Lot 4R;
THENCE; South 4.1 -degrees. 51 I'minutes 17 seconds East, 16 feet= from and parallel to- the
northeasterly line. of said- Lot 41 a distance of 106.98 feet to. a point for corner
THENCE South 48' degrees 08 minutes 22 seconds'West, continuing through said City=
Hof Denton tract; a -distance of -16.00 feet io a point in the rortheasterly line of that certain
tract: of land "described. in deed' to Epic Development, Inc., recorded .in -volume 3245,
`Page`699 of the lZeal Property'Records of Denton County,_ Teas;: _
THENCE North 4.1 degrees 51 -'-minutes-. 17 seconds West, with the northeasterly of aid. `
Epic Development tract and ,passing at a distance -of 28 03' feet: -a '/z mch' iron i od found at.
-he northeast* comer --of said Lot 4R, and continuing °along; said course; passing at a
distance_ .f.285,.29 feet; the aforeinentioned Texas: Department of Transportation.
monument, :and continuing .along °said. course for a total distance'of 318.76 feet to the
POINT OF BEGINNING -and` containing 0..15:3. acres; of land, more .or less:. -
rn
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5 02.
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LINE TABLE
LENGTH-
=. BEARING
L]
32.67
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L2
16.32:
N41*5'1'17„w
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16:00
S47`5I'17"E
L5
,-116.00
S48'08'22"W;
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sAour docutnentkontracts1101public utility easement - rail trail mile post 724 1 (ord 2009-306).doc
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS
That the CITY OF DENTON, TEXAS, a municipal corporation (the "City"), for and in
consideration of the sum of TEN DOLLARS AND NO CENTS ($ 10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby
grants and conveys to the CITY OF DENTON, TEXAS, its successors and assigns, an easement
for public utility facilities, as may be limited by 16 U.S.C. 1247(d), Section 8 (d) of the National
Trail Systems Act, along with the customary uses attendant thereto, over, under, through, across
and along all those tracts or parcels of land described in Exhibit "A" and illustrated in Exhibit
"B", both attached hereto and made apart hereof by reference for all purposes.
This easement is for the purpose of constructing, using and maintaining public utility facilities in
accordance with the approved plans and specifications for the contemplated Loop 28 8/Rails to
Trails water Line Extension — November 2009 Project, which will best serve the public while at
the same time, protecting the integrity of the existing City park land. The uses authorized by this
easement are subordinate to the City's use of the easement area as park land.
Persons responsible for the construction of improvements within this easement shall comply with
the following terms:
1. Repair, modify, or reconstruct the utility facilities (and customary uses attendant thereto)
authorized above to comply with all applicable City ordinances, rules and regulations.
2. Repair and restore any improvements in the easement area, lawfully placed therein by the
City, its agents, employees or independent contractors or by others pursuant to an
easement, agreement, or license granted by City, damaged by the negligence of such
persons or their agents, employees, or independent contractors working in the easement
area with such persons' approval, in constructing and maintaining the contemplated
utility facilities.
3. The easement area is City park land. The patrons using such park land shall be protected
from injury or damage during and after construction of the subject facilities. After all
work is performed the surface of the easement area shall be restored so that such park
land may be used by patrons of the park in the same manner it was used prior to the work
being performed.
This easement is authorized by the City Council of the City of Denton, Texas, pursuant to
Ordinance No. 2009-3 06 which was adopted after the City complied with the provisions of
Chapter 26 of the Texas Parks and wildlife Code.
sAour do cumentskontracts1101public utility easement - rail trail mile post 724 1 (ord 2009-306)-doc
EXECUTED this the
THE STATE OF TEXAS §
day of % � )2010.
CITY OF DENTON, TEXAS
By: �--
George C. Campbell
City Manager
COUNTY OF DENTON §
'acknowledged before me on this the day of 2014
This 'instrument I.S , � y %� . , ,
by GEORGE C. CAMPBELL, City Manager of the City of Denton, on behalf of the City of
Denton.
...,.Fog ' LINDA A. HOLLEY
Notary Public, state of Texas
My Commission Expires
�111l1!!11 December oD , 2013
/L-74
Aotary Public, State of Te
Approved as to legal form:
Anita Burgess, City Attorney
BY:
rthur Surveying Co., Inc.
Professional Laad S yors
.P.O. Box, 54 Lewisville, Texas 75067
Of ice: (972) 221-9439 -- Fax: (972) 221-4675
ExSdBIT A
16' Water Utility Easement
0.153 Acres
in the
R. R. Hopkins Survey, Abstract No. 1634
and
J. S . Taft Survey, Abstract No. 125 6
City of Denton
Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the R, R. Hopkins Survey,
Abstract No. 1634 and J. S. Taft Survey, Abstract No. 1256, City of Denton, Denton
County, Texas, and being part of that certain tract of land described in deed to the City of
Denton, Texas, recorded under County Clerk's File No. 2001-0076013 of the Real
Property Records of Denton County, Texas, and being more particularly described as
follows:
BEGEVNING at a point in the southwesterly line of said City of Denton tract from which
a Texas Department of Transportation monument bears South 41 degrees 51 minutes 17
seconds East, a distance of 5.44 feet, said point being the most northerly corner of Lot
4R, Block A, Golden Triangle Mini -Mall Addition, an addition to the City of Denton,
Denton County, Texas, according to the plat thereof recorded in Cabinet G, Page 260 of
the Plat Records of Denton County, Texas;
TSlTCE North 59 degrees 43 minutes 58 seconds East, over across and through said
City of Denton tract, a distance of 32.67 feet to a point for corner;
THEl CE South 41 degrees 51 minutes 17 seconds East, continuing through said City of
Denton tract, a distance of 16.32 feet to a point for corner;
T�3ENCE South 59 degrees 51 minutes oo seconds west, continuing through said City
of Denton tract, a distance of 16.34 feet to a point for corner;
T`gIENCE South 41 degrees 51 minutes 17 seconds East, 16 feet from and parallel to the
northeasterly line of said Lot 4R, a distance of 176.21 feet to a paint for corner;
THENCE North 48 degrees 14 minutes 12 seconds East, continuing through said City of
Denton tract, a distance of 83.02 feet to a point in the southwesterly line of Lot 11, Bloch
A, Denton Towne Crossing, an addition to the City of Denton, Denton County, Texas,
according to the plat thereof recorded in Cabinet w, Pages 893-896 of the Plat Records of
Denton County, Texas;
THEITCE South 41 degrees 51 minutes 17 seconds East, with the southwesterly line of
z:12009\codlloop 298 rails to trails wl extldocslesmt Ldoe
rthur Surveying Co., Inc.
P.O. Box 54 --• .Lewisville, 'Texas 75067
C7irce: (972) 221-9439 Fax: (972) 221-4675
said Lot 11, a distance of 16.00 feet to a point for corner;
TH�l TCE South 48 degrees 14 minutes 12 seconds West, continuing through said City
of Denton tract, a distance of 83.02 feet to a paint being 16 feet from and perpendicular
to the northeasterly line of said Lot 4R;
THENCE South 41 degrees 51 minutes 17 seconds East, 16 feet from and parallel to the
northeasterly line of said Lot 4R, a distance of 106.98 feet to a point for corner;
'I`HENCE South 48 degrees 08 minutes 22 seconds West, continuing through said City
of Denton tract, a distance of 16.00 feet to a point in the northeasterly line of that certain
tract of land described in deed to Epic Development, Inc., recorded in Volume 3245,
Page 699 of the Real Property Records of Denton County, Texas;
THENCE North 41 degrees 51 minutes 17 seconds West, with the northeasterly of said
Epic Development tract and passing at a distance of 28.03 feet a 1l2 inch iron rod found at
the northeast corner of said Lot 4R, and continuing along said course, passing at a
distance of 285.29 feet the aforementioned Texas Department of Transportation
monument, and continuing along said course for a total distance of 3 18.76 feet to the
POINT DE BEGINNING and containing 0.153 acres of land, more or less.
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32.67
N59=43'58 "F
L2
16.32
N41 r51 ' 17 "W
L3
16.34
S59r51 '00 V
L4
16.00
S41251 ' 17"E
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S48'08'22 "W
SPENCER 298 L TIC
CLERK'S FILE NO 96—ROO87911
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CITE' OF DEN TON �t
CLERK'S FILE NO. 2001-- 0O76OI J
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GOLDEN TRIANGLE M/N/—MALL ADD/TON
LOT 4R, BLOCK A sc�
CAB. G, PG 260 YCI
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VOL. - 245, PG. 699 ��1/2" I.R.
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I
16' Water Utility Easement
0.153 Acres in the
R. R. Hops Spey, Abst. No. 1634
& J. S. Taft Survey, Abst. No. 1256
City of Denton
Denton County, 'sexes
2009 —
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1 /2" I.R.F.
Ai (C.M.)
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5/8" C,I.RIJ
STAMPED "RPLS 1890"
(C.M.)
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25
1/2' I.R.F� �4J
rthur Surveying Co., Inc.
Professional Land Surveyors
972-MI-9439 — Fax 972--221-4675
70
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