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Home My WebLink About2010-015• \\CODAD\Depanments\LegahOur Documents\0rdinances\I0\Chap 26 Ordinance Denton Electric EasememPockrus Page Rd overhead MP 725 58.doc ORDINANCE NO. 2010-015 AN ORDINANCE GRANTING APPROVAL OF AN ELECTRIC EASEMENT FOR A OVERHEAD USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL APPROXIMATELY 600 FEET NORTH OF POCKRUS PAGE ROAD AT MILE POST 725.58 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 70 feet wide 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 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 overhead on 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 land Page 1 of 2 \\C0DAD\Depanments\Lega1\0ur Documents\0rdinances\10\Chap 26 Ordinance Denton Electric EasementPockrus Page Rd overhead MP 725 58.doc 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. y�L PASSED AND APPROVED this the A� _ day of , 2010. ATTEST: ' JENNIFER WALTERS, CITY SECRETARY By: 0 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: v �' Page 2 of 2 rthur Surveying Co., Inc. Rrofiessional,Land Surveyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 EXHIBIT A 70" UTILITY EASEMENT 0.162 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 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: BEGINNING at the east corner of that certain tract of land described in deed to the City of Denton, recorded under Instrument Number 2000-R0038888 of the Real Property Records of Denton County, Texas and from which a '/z inch iron rod found bears South 50 degrees 10 minutes 01 second West, a distance of 3.62 feet; THENCE North 50 degrees 09 minutes 13 seconds East, over, across and through said City of Denton tract (93-R0058485), a distance of 10.1.01 feet to a point in the southwest line of Lot 2, 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 being at the beginning of a non -tangent curve to the left having a radius of 2814.79 feet; THENCE continuing with said curve an arc length of 70.10 feet, having a delta angle of 01 degree 25 minutes 37 seconds, whose chord bears South 36 degrees 48 minutes 32 seconds East, a distance of 7 0. 10 feet to a point for corner; THENCE South 50 degrees 09 minutes 13 seconds West, over, across and through said City of Denton tract (93-R0058485), a distance of 101.14 feet to a point in the northeast line of that certain tract of land described in deed to the City of Denton, recorded under Instrument Number 2005-126452 of the Real Property Records of Denton County, Texas, said point also being at the beginning of a non -tangent curve to the right having a radius of 2914.79 feet; THENCE continuing with said curve an arc length of 70.11 feet, having a delta angle of 01 degree 22 minutes 41 seconds, whose chord bears North 36 degrees 42 minutes 15 seconds West, a distance of 70.11 feet to the POINT OF BEGINNING, and containing 0.162 acres oland, more or less. . c:\2009\codVails to trails dme esmts - 29l 185\dwg\29l 185_esmt2.doc '11-rdf I I hh," NORTH 40 0 40 Feet Bearings shown are based on the City o/ Denton G1S network. LINE TABLE LINE BEARING LENGTH L1 S50'10'01 "W 3.62' ESTERN L \ 2 \ 1/?"I.R.F. \ \ TELEPHONE EASEMENT VOL. 329. PC. 471 (C.U.) sy \ \ r� \ \ 30' EASEMENT TO THE CITY OF DEN TON \ VOL. 417, PG. 588 \ <0. \ LOT 2, BLOCK A \ FLOWERS FOOD ADDITION \CABINET W, PAGE 333 \P. R. D. C. T. 1127R.F. +"% \ \ *01 CITY OF DEN TON `y % 0, INST. NO. 2000—RO038888 `'g °, Q. \ \ 5 \ R. P. R. D. C. T. °� �IQ. L 1 n P \ 11271. R.F. �� y \ \ \ (REMAINDER) 1/27.R.F. + 16 /� Q\ \ \ MAYHILL ROAD REALTY CO. O O• 0�N VOLUME 1441, PAGE 606 �o j �� 's�' \ \ R. P. R. D. C. T. 3�� j 'Lv, c0 K\ \ 6'. O Z Xjq j 0 a0. ek Si CITY OF DEN TON p C.C. NO. 93—ROO58485 ( ) • >>, R. P. R. D. C. T. Cu 1/?7.R.F I' 1/2 1.R.F. 1/2 J.R.F. CITY OF DENTON (C.M.) INST. NO. 2005-126452 \ R. P. R. D. C. T. \ SAME �\ POINT s 1 J°0 p`9 \ .0 *0 s' v��1GCSTF/3� 1/2 1.R.F. �,11 CURVE TABLE CURVE RADIUS LENGTH DELTA CHD BRG CHORD C1 2914.78' 6.51' 00'07'40" S36'04'44"E 6.51' EXHIBIT - B 70 ' Utility Easement 0.162 Acres in the Gideon Walker Survey, Abst. No. 1330 City of Denton Denton County, Texas — 2009 — TRAILS i1ME ESMTS - 291195\d.o\291I85 esnt2.dvo 12/2/2009 •+07.37 PM CST '• �1N. 7i-iAiO 6r:;;r?LEl' I.E P, rthur Surveying o. Inc. Professional Land Surveyors 972-221-9439 _ Fax .972-221-4675 220 Elm Str-eet, Suite 200 ~ P.O. Box 54 Lewisville, Texas 75067 rthur Surveying Co., Inc. Professional Gand Surveyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 — Fax: (972) 221-4675 Course: N 50-09-13 E Arc Length: 70.1020 Course: S 50-09-13 W Arc Length: 70.1054 Perimeter: 342.3533 Distance: 101.0088 Radius: 2814.7900 Distance: 101.1371 Radius: 2914.7900 Delta:-1-25-37 Delta: 1-2241 - Area: 7074.7604 0.1624 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.00342 Course: N 37-00-39 W Precision 1: 100247.02 cA20091cod1rails to trails dine esmts - 2911851dwg1291185 esmt2.doc sAour documentslcontracts1101electric utility easement - rail trail mite post 725 58 (ord 20I0-015).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 over, 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 overhead 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 in' 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 parkin 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. 2010-015 which was adopted after the City complied with the provisions of Chapter 26 of the Texas Parks and wildlife Code. s:lour documentslcontracts1101electric utility easement - rail trail mile post 725 58 (ord 2010„015).doe EXECUTED this the � L�;r day of , 2010. CITY. OF DENTON, TEXAS By. L7-:±= George C. Campbell City Manager THE STATE OF TEXAS § COUNTY OF DENTON § This ig instrument is acknowledged before me, on this the J ' day of , 2010, by GEORGE C. CAMPBELL, City Manager of the City of Denton, on behalf of the City of Denton, Texas. LINDA A. HOLLEY y : U� ire S NotarY Public, State of esa5 4 ;y My Commission ExP e S, December 08, 2013 Notary Public, State of�T' xas Approved as to legal form: Anita Burgess, City Attorney BY: !�'—� rthur Surveying Co., Inc. professional Land Surveyors P.O. Box 54 --- Lewisville, Texas 75067 Office: (972) 221-9439 — Fax: (972) 221-4675 EIBIT A 70' UTILITY EASEMENT O,162 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 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 W R0058485 of the Real Property Records of Denton. County, Texas, and*being more particularly described as follows: BEGENNING at the east corner of that certain tract of land described in deed to the City of Denton, recorded under Instrument Number 2000R003 8888 of the Real Property Records of Denton County, Texas and from which a V2 inch iron rod found bears South 50 degrees 10 minutes 01 second west, a distance of 3.62 feet; THENCE North 50 degrees 09 minutes 13 seconds East, over, across and through said City of Denton tract (93-R0058485), a distance of 101.01 feet to a point in the southwest line of Lot 2, Bloch 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 being at the beginning of a non -tangent curve to the left having a radius of 2814.79 feet; THENCE continuing with said curve an are length of 70.10 feet, having a delta angle of 01 degree 25 minutes 37 seconds, whose chord bears South 36 degrees 48 minutes 32 seconds East, a distance of 70.10 feet to a point for corner; THENCE South 50 degrees 09 minutes 13 seconds west, over, across and through said City of Denton tract (93-ROO58485),, a distance of 101.14 feet to a point in the northeast line of that certain tract of land described in deed to the City of Denton, recorded under Instrument Dumber 2005--126452 of the Real Property Records of Denton County, Texas, said point also being at the beginning of a non -tangent curve to the right having a radius of 2914.79 feet; THENCE continuing with said curve an are length of 70.11 feet, having a delta angle of 01 degree 22 minutes 41 seconds, whose chord bears North 36 degrees 42 minutes 15 seconds west, a distance of 70.11 feet to the POINT OF BEGINNING, and containing 0.162 acres of land, more or less. de 41 � �Va @per +�` pQr►+{�pp/►/i.�.. a.Qa/M•#n aA EdIF/• ��• 1 6200ftodVails to trails dme esmts - 29I1851dwg129I 185 estntIdoe M -� 25' SOUTHWESTERN BELL \ TELEPHONE EASEMENT 1�2"LR F. , VOL. 329, PG. 471 30EASEMENT TO THE CITY OF DENTON VOL. 417, PG. 588 \ �q� .- LOT 2, BLOCK A s� `�� \ \ FLOWERS FOOD ADDITION \ CABINET W, RAGE 333 \ , P. R. D. C. T. ti a � ,�, � \�.�► , � ram\ 0 \ o� \ CITY OF DENTON ��°�j (t�' 0" \ \ INST. NO. 20OO--R O038888 -po' °� \ R.P.R.D.C.T. 'os"�.P \ \ 112)R.F. � p (REMAINDER) III CIAYHILL ROAD REALTY CO. VOLUME 1441, PAGE 606 �p R. P. R. D. C. T. �• �� o ob '��-< ri- � j D y 40 �� 5 �, CITY OF DENTON C.C. NO. 93-•-ROO58485 � Q }^may R ��y] /}''�� T r ��.I��♦ r ►. 1 . R. D. W. 1 . 112-1.R.F. 1/2"I.R.F 1/,�"r.R.F CITY OF DENTON (c.') INST. NO. 2005— 1 26452 \ R.P.R.D.C. T. \ SAME POINT <: 9 aarrfra f�_pNir� s. r`ri� 1127.R,F. " - A � i , LEY III (C�� a.arn♦ .rrr• rarrareaetRay! . l ire e •/ ' 02 R aaFP.rare� 6 R\ IT` B 70'0 UtilityEase-ment 0.162 Acres in the Gideon Walker Survey, Abst. No. 1330 City of Denton Denton County, 'texas w- 2999 -- N TH 40 D 40 Feet Beorin gs sh o wn are b ased on th e City o f Denton GIS network. LINE TABLE LINE BEARING LENGTH L1 550`� 4`Q1 "W 3. fit' CURVE TABLE CURVE RADIUS LENGTH DELTA CHD BRG CHORD C� 29�4.78' fi.5�' OQ'07'4Q" 53fi'Q4'44"E fi.51' ,.• •�.V41 \ti.sas+.I.CLiL.i ILj ! 1[:iil-J u['IG. C.ai'!l J — C7ii13.7\C11KIR1G7L1C3a—e5f'i-cc:.41W$ iC/t/e11U`1 41[1/I;i/ F'M f:Sj rthur Surveying Co., Inc. Professional Land Surveyors 972221--9439 --• Fax 972 221-467.5 220 Ftm S"et; Suite 200 --• P.O. Box .54 Lew.[svirle, Texas 75067