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Home My WebLink About2009-307a sAour documents\ordinances\09\chap 26 ordinance denton electric easementlakeview blvd north at mp 726 22.doc ORDINANCE NO. ?i90—�07 AN ORDINANCE GRANTING APPROVAL OF AN ELECTRIC EASEMENT FOR A SUBSURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL APPROXIMATELY 1,742 FEET NORTH OF LAKEVIEW BOULEVARD AT MILE POST 726.22 IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF AN ELECTRIC 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 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 electric easement of approximately 100 linear feet across and on the trail for electric utility services; and WHEREAS, the City of Denton desires to construct an electric line 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 electric 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 electric 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 electric line 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 Electric Easement proposed by the City of Denton (the "Project") shall be constructed and maintained subsurface on 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 electric line 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 Documntts\Ordinancts\0%Chap 26 Ordinance Dalton Electric EascntanLalcvim Blvd north at MP 726 22.doc SECTION 2. An Electric 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. AA PASSED AND APPROVED this the day of , 2009. " ATTEST: JENNIFER WALTERS, CITY SECRETARY By: ih-'( �/ -- --0 - - APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: Page 2 of 2 Exhibit A 1 --- - - -- - �... Lu1 o Llll i d Lur u LOT y LOT 10 LOT 11 LOT K) r N LOT J GAL o Q C o BLO IC 28 {�. � Z v i-0T 3 LOT 26 LOT 25 LOT 2 t LOT 23 LOT 22 LOT 21 LOT 20 LOT 19 LOT 18 1� A LOT 16 LOT 1 F .% �i�=;; LOB• 1, � LOT 2 r-'% A. I � N=7110499.73 E=2404267.37 �-' 16' Electric Easement \ \ � -�� i°tom 1u \ ��airtt� � ° ` no �> QAe S Ott N=7110403.37 SCALE: E=2404241.05 MILEPOST 1 " = 100, 726.22 C�= SITE w N T. I� 04 �OCATIO `" r" I� T O DRC#: LO ONNew DME Easement N, of Lakeview Blvd, MGR. g: d PROJECT g: c0o M 4O N I C 1MP A L ELECTRIC O fnerglztng tomorrows community today! [DRAWN BY: Ed Bryant APPROVED: Faro Emodi DATE: 11/17/09 TILE: Tst+EEr- m sAour documentAcontractAlftlectric utility easement - rail trail mile post 726 22 (ord 2009-307).doc ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § 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 electric utility facilities, as may be limited by 16 U.S.C. 1247(d), Section 8(d) of the National Trail System Act, along with the customary uses attendant thereto 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 underground electric utility facilities 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 07 which was adopted after the City complied with the provisions of Chapter 26 of the Texas Parks and wildlife Code. sAour documentslcontracts1101electric utility easement - rail trail mile post 726 22 (ord 2009-307).doc EXECUTED this the � � day of PM,,- 52010. CITY OF DENTON, TEXAS Y• George C. Campbell City Manager THE STATE OF TEXAS § COUNTY OF DENTON § This instrument is acknowledged before me, on this the day of , 2010, by GEORGE C. CAMPBELL, City Manager of the City of Denton, on behalf of the City of Denton, Texas. 1. ", I_INDA A. HULLEY .. Notary Public, State of Texas My Commission Expires hi ,; `4� December 08, 2013 Approved as to legal form: Anita Burgess, City Attorney l Notary Public, State of Te<as rthur Surveying Co., Inc. Professional X,and Surereyors P.O. Box 54 — Lewisville, Texas 75467 Office: (972) 221-9439 --- Fax: (972) 221-4675 EXHIBIT A 16' UTILITY Y EASEMENT 0.037 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Gideon Walker Survey, Abstract Number 1330, City of Benton, Denton County, Texas, and being -a part of that certain tract of land described in deed to the City of Benton, recorded under County Clerk's File Number 93 R0058485 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGLWiING at a 318 inch iron rod found at the northeast corner of that certain tract of land described in deed to John Karvouniaris, recorded under Instrument Number 2004-65880 of the Real Property Records of Denton County, Texas, and the northwest corner of that certain tract of land described in deed to Mary Helen Wright, recorded in volume 1043, Page 523 of the Deed Records of Denton County, Texas, said point being in the southerly line of said subject tract; THENCE North 74 degrees 34 minutes 07 seconds West, with the northerly line of said Karouniaris tract, a distance of 8.00 feet to a point for corner; THENCE North 15 degrees 15 minutes 16 seconds East, over, across and through said City of Denton tract, a distance of 10 0.0 0 feet to a point in the southwesterly line of Lot 1, Block 32, The Preserve at Pecan Creek, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet v, Page 279 of the Plat Records of Denton. County, Texas; THENCE South 74 degrees 44 minutes 44 seconds East, with the southwesterly line of said Lot 1, Block 32, a distance of 16.00 feet to a point for corner; THENCE South 15 degrees 15 minutes 16 seconds West, over, across and through said City of Denton tract, a distance of 100.01 feet to a point in the northerly line of said Wright tract; THENCE North 74 degrees 47 minutes 33 seconds West, with the northerly line of said. Wright tract, a distance of 8.00 feet to the POINT OF BEGINNING, and containing 0.037 acres of land, more or less. x: 4 • { s ! .raas.M■♦ ■ter■►■■{�■■!;f{.r►r■ .��D (►�:. RLE Y ill � ■■;lei r■�l�a�■;►rawry;■!■■i.� 5602 cA24091codlrails to trails dme esmts - 2911851dwg1291185 esmd.doe N RTH 30 0 39 F e k� Bearings shown are based on the City of Denton G1S network. LINE TABLE LINE BEARING LENGTH L1 N74`34'07"W 8.00' L2 N74.47'33"W 8.00' L3 N74.44'44"W 21.68' CURVE TABLE CURVE RADIUS I LENGTH DELTA I CHD BRG CHORD C1 11964.fi4' 331.02' 09'39113" N79'22'04"W 1330.63' c. ss¢�'syr PUBLIC GREEN SPACE LOT 1, BLOCK 32 THE PRESERVE AT PECAN CREEK CABINET V, PAGE 279 P. R. D. C. T. 51811.R�F.� - Cl _ 1/.F. "I.R.��` 30' SW8T EASEMENT .0 C.M. 16. (] VOL. 329, PG. 473 O 30 CITY OF DENTON WATER & ELECTRIC TRANSMISSION LINE ESMT. 1 VOL. 417, PG. 594 CITY OF DEN TON C.C. NO. 93-ROO58485 R. P. R. D. C. T. p -� 1 Q) �- N 1-� moo' (0 112 /. R. F. _ (G �!.} 91. S�p�a•� � 1 � 3r8"I.R.F (C M.) JOHN KARVOUNIARIS 112 R.F. INST. NO. 2004 65880•fir/,,,*/./..,., R. P. R. D. C. T.�'� OF .-' MARY HELEN WRIGHT , ., ��.e VOLUME 1043, PAGE 523 D. R. D. C. T. Pas, ao •490*66 i ♦ #rrr.. A I J 411 EXHIBIT B 161 Utility Easement 0.037 Acres in the Gideon Walker Survey, Abst. No. 1330 City of Denton Denton County, Texas -- 2009 — 7,%pnnQs,rnn,%0ATE Q- Ti7 T0A11 a nUr r-C�WFo — nne.n=► _t..._..,.,..^, 02 � � SUR64 13 V� rthur Surveying Co., Inc. PYofessional Land Surveyors ___ y....... ��F..... ,►.n� .s c►w'a_c"1'4 o wu is/ci C.uu7 4651" r.� 1 L—b-1 972- :221-9439 --- Fax 972-221-4675 .220 Elm Si ree4 ,quite 200 P.O. Box 54 LeRdsviUe, Texas 75067