HomeMy WebLinkAbout2010-014\\codad\departments\legal\our documents\ordinances\10\chap 26 ordinance denton electric easementn mayhill mp 725 1.doc
ORDINANCE NO. 2010-014
AN ORDINANCE GRANTING APPROVAL OF AN ELECTRIC EASEMENT FOR A
SUBSURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL
APPROXIMATELY 260 FEET NORTH OF OLD MAYHILL ROAD AT MILE POST 725.1
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 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 December 21
and 28, 2009 and January 4, 2010 of a Public Hearing to be held on January 12, 2010 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 January 12, 2010, 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 below the surface of the park property described in Exhibit A and
Exhibit B, which are 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
\\C0DAD1Depanments\Lega110ur DocumentslOrdinances\IO\Chap 26 Ordinancc Denton Occiric EasemeniN Mayhill MP 725 Ldoc
land may still be used by its patrons after completion of the Project in the same manner it was
used prior to the Project.
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.
R ta
PASSED AND APPROVED this the O
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I0
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
s
day of , 2010.
C—C� t
MARK AB URROUG T -VS; MAYOR
Page 2 of 2
rthur Surveying Co., Inc.
`Rrof ss;ona, Land Surveyors
P.O. Box 54 Lewisville. Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
EXHIBIT A
16' UTII.ITY EASEMENT
0.037 ACRES
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the Daniel Lombard Survey, Abstract
Number 784, City of Denton, Denton County, Texas, and being a part of that certain tract of land
described in deed to the City of Denton, 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:
COMMENCING at a'/z inch iron rod found at the most northeasterly corner of Lot 1, Block A,
Flowers Food Addition, an addition to the City of Denton, Denton County, Texas, according to
the plat thereof recorded in Cabinet W, Page 333 of the Plat Records of Denton County, Texas,
said point also being in the southeasterly line of Colorado Boulevard, a public roadway;
THENCE in a southeast direction with a the westerly line of said Lot 1 and with a curve to the
right having a radius of 1959.24 feet and having an arc length of 222.30 feet, a delta angle of 06
degrees 30 minutes 03 seconds, whose chord bears South 20 degrees 08 minutes 58 seconds East,
a distance of 222.18 feet to the POINT OF BEGINNING;
THENCE continuing with said curve an arc length of 16.01 feet, having a delta angle of 00
degrees 28 minutes 06 seconds, whose chord bears South 16 degrees 39 minutes 54 seconds East,
a distance of 16.01 feet to a point for corner;
THENCE South 71 degrees 14 minutes 57 seconds West, over, across and through said City of
Denton tract, a distance of 1.01.07 feet to a point for corner in the northeasterly line of Lot 1,
Block A, D. Lomard Addition, an addition to the City of Denton, Denton County, Texas,
according to the plat thereof recorded in Cabinet I, Page 182 of the Plat Records of Denton
County, Texas, said point also being at the beginning of a non -tangent curve to the left having a
radius of 1873.08 feet'
THENCE continuing with said curve an arc length of 16.01 feet, having a delta angle of 00
degrees 29 minutes 23 seconds, whose chord bears North 16 degrees 40 minutes 33 seconds
West, a distance of 16.01 feet to a point for corner;
THENCE North 71 degrees 14 minutes 57 seconds East, over, across and through said City of
Denton tract, a distance of 101.07 feet to the POINT OF BEGINNING, and con ning 0.037
acres of land, more or less. j'.���
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NORTH
30 0 30 Feet
Bearings shown are based on the City of
Denton CIS network.
CURVE TABLE
CURVE
RADIUS
I LENGTH
DELTA
CHD BRG
CHORD
C1
1959.24'
16.01'
00'28'06-
S16'39'54'E
16.01'
C2
1873.08'
16.01'
00-29'23-
N16'40'33'W
16.01'
LOT 1, BLOCK A
D. LOMBARD ADDITION
CABINET .I, PAGE 182
P. R. D. C. T.
CITY OF DENTON
C.C. NO. 93-ROO58485 t
R. P.R.D. C. T.
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EXHIBIT B
16 / Utility Easement
0.037 Acres in the
Daniel Lomard Survey, Abst. No.
City of Denton
Denton County, Texas
- 2009 -
LOT 1, BLOCK A
FLOWERS FOOD ADDITION
CABINET W, PAGE 333
P.R.D.C. T.
1127.R.F.
(C.AL)
. sT
;�.......e ...'t.. ....
. y..
9,y op--cr q kol'yp`�
O SURv�'
Arthur Surveying Co., Inc.
784 Professional Land Surveyors
TRAILS DW ESMTS - 291185\d.o\291185_osnt3.d.g 12/2i2009 4.2126 PM CST
972-221-9439 — Fax 972-221-4675
220 Elm St met. Suite 200 -- P.O. Box 54
Lewisville. Texas 75067
rthur- Surveying Co, Inc.
Prof iomt Lend Surveyors
P.O. Box 54 -- Lewisville, Texas 75067
Office: (972) 221-9439 --- Fax: (972) 221-4675
Arc Length: 16.0147 Radius: 1959.2399 Delta: 0-28-06
Course: S 71-14-57 W Distance: 101.0697
Arc Length: 16.0097 Radius: 1873.0800 Delta:-0-29-23
Course: N 71-14-57 E Distance: 101.0727
Perimeter: 234.1668
Area: 1617.1316 0.0371 acres
Mapcheck Closure - (Uses listed courses & COGO Units)
Error of Closure: 0.00493 Course: N 15-52-35 W
Precision 1:47496.62
0200ftodVails to tails dme esmts - 2911851dwg1291185 esmt3.doc
sAour documentAcontractsll Olelectric utility easement rail trail mile post 725 1 (ord 2010-014).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 S(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 parr 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
41
Ordinance No. 2010-014 which was adopted after the City complied with the provisions of
Chapter 26 of the Texas Parks and wildlife Code.
s:lour documentslcontractsli 0lelectric utility easement - rail trail mile post 725 1 (ord 20 1 0-414).doe
EXECUTED this the /`5� day of 2010.
CITY OF DENTON, TEXAS
By:
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.
,,,t��,�►�.�. LINDA A. HOLLEY
Y``'�f��f- State of Texas
°.• �;' Notary Public,
w - My Commission Expires
Dooembar 08, 2013
lot 1W
Approved as to legal form.
Anita Burgess, City Attorney
BY:
Notary Public, State of xas
AM -
rt-hur Co., Inc.
.Professional T,and Surveyors
P.O. Box 54 — Lewisville, Texas 75067
Office: (972) 221-9439 — Fax: (972) 221-4675
EXIMIT A
16' UTILITY EASEMENT
0,037 ACRES
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the Daniel Lombard Survey, Abstract
Number 784, City of Denton, Denton County, Texas, and being a part of that certain tract of land
described in deed to the City of Denton, 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:
COAU IENCING at a % inch iron rod found at the most northeasterly corner of Lot 1, Block A,
Flowers Food Addition, an addition to the City of Denton, Denton County,. Texas, according to
the plat thereof recorded in Cabinet w, Page 333 of the Plat Records of Denton County, Texas,
said point also being in the southeasterly line of Mayhill Road, a public roadway;
THENCE in a southeast direction with a the westerly line of said Lot 1 and with a curve to the
right having a radius of 1959.24 feet and having an are length of 222.3 0 feet, a delta angle of 06
degrees 30 minutes 03 seconds, whose chord bears South 20 degrees 08 minutes 58 seconds East,
a distance of 222.18 feet to the POINT OF BEGINNING;
THENCE continuing with said curve an arc length of 16.01 feet, having a delta angle of 00
degrees 28 minutes 06 seconds, whose chord bears South 16 degrees 39 minutes 54 seconds East,
a distance of 16.01 feet to a point for corner;
'I�HENCE South 71 degrees 14 minutes 57 seconds west, over, across and through said City of
Denton tract, a distance of 101.07 feet to a point for corner in the northeasterly line of Lot 1,
Block A, D. Lomard Addition, an addition to the City of Denton, Denton County, Texas,
according to the plat thereof recorded in Cabinet I, Page 182 of the Plat Records of Denton
County, Texas, said point also being at the beginning of a non -tangent curve to the left having a
radius of 18 73.0 8 feet'
THENCE continuing with said curve an arc length of 16.01 feet, having a delta angle of 00
degrees 29 minutes 23 seconds, whose chord bears North 16 degrees 40 minutes 33 seconds
West, a distance of 16.01 feet to a point for corner;
THENCE North 71 degrees 14 minutes 57 seconds East, over, across and through said City of
Denton tract, a distance of 101.07 feet to the POINT OF REG G, and containing 0.037
acres of land, more or less.
cA20091cod1rai1s to trails dme esmts - 291185Wwg129I 185_esmt3.doc
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5810 a r
oor.
SU��
N R H
30 O 30 Feet
Bearings shown are based on the City of
Denton GIS network.
CURVE TABLE
CURVE
RADIUS
LENGTH
DELTA
CHD BRG
CHORD
C1
1959.24'
16.01'
00-28'06"
1
S16`39'54"E
16.01'
C2
1187108'1.
16.01'
00/29'23"
N16440133"W
0
CITY OF DEN TON .
C.C. NO. 93--ROO58485
R. P. R. D. C. T.
�s
❑A
.�A.'5�
71 p,S
S
0
v11 p. 000 -
►� Q,Q3�Nkl
()A .0
r �7''
' � 5
7A 1
S
LOT I, BLOCK A
D. LOMBARD ADDITION
CABINET I, PAGE 182
P. R. D. C. T.
EXHIBIT B
161 Utility Easement
0.037 Acres in the
Daniel Lomard Survey, Abst. No.
City of Denton
Denton County, Texas
- 2009 -
LOT ?, BLOCK A
"LOWERS FOOD ADDITION
CABINET W, PAGE 333
P. R. D. C. T.
i
rthur Surveying Co., Inc.
784 Professional Land Surveyors
I:+\k!UU9\GUD\RAILS TU TRAILS DME ESMTS - 891185\dwg\2911135-esnt3.dwg 12/9/2009 3rNiO PM CST
972221 9439 Fax 9722221-4675
224 FIx Stoat Suite 200 P.O. Box 54
Lew1svi le, Texas 75067