HomeMy WebLinkAbout2006-344CVIDCUMC-1eaick LOCALS-1ATamp'@ap 26 Ordinanca Upper Tmhi Ra,ional W,cuDswi wa,M M11ffi612-IEM+drc
ORDINANCE NO. OD - 3T /
AN ORDINANCE GRANTING APPROVAL OF A SUB -SURFACE USE OF A PORTION OF
THE DENTON BRANCH RAIUTRAIL ADJACENT TO THE SOUTH SIDE OF SHADY
SHORES ROAD AT MILE POST 726.9 FOR THE PURPOSE OF A PUBLIC UTILITY
EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND
WILDLIFE CODE; PROVIDING FOR A PUBLIC UTILITY 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 not 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 118 linear feet across the trail for proper water utility services; and
WHEREAS, The Upper Trinity Regional Water District 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 20,
November 27 and December 4, 2006 of a Public Hearing to be held on December 12, 2006 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 12, 2006, 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 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 Upper
Trinity Region Water District (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 water line pipe
CGIO MP1"ick LOCAGI\TemplChap 26 OrdinanceUppos Trinity Regional Wale, Oipic, Gsdoon MP 726612-13-Woc
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.
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 of this ordinance are incorporated
into the body of this ordinance.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval. l�/�
PASSED AND APPROVED this the 4 day of � Q,(1 Qh� 12006.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY.
By: "
APPROVED AS TO LEGAL FORM:
EDWIN M. SNY ER, CIT. ATTORNEY
By:
PERRY . McNEILL, MAYOR
Page 2 of 2
EXIIIBIT "A"
UPPER TRINITY REGIONAL WATER DISI-RI(71'
SHADY SHORES PIPELINE REPLACEMENT PROJECT
PARCEL 6A
OWNER: CITY OF DENTON "RAILS TO TRAILS'
PERMANENT WATER LINE EASEMENT
M.E.P. & P.R.R. SURVEY, ABS. No. 911
DENTON COUNTY, TEXAS
Being it 2f1' wide permanent water line easement out of the M.F.P & P.R.R. Survey,
Abstract No, 91 ],and out of it I .76 acre tract of land conveyed to the City of Denton
"Rails to *Trails- by warranty deed as recorded in Denton Cmu ly Clerk's Instrument No,
ID.C.C.I.No.) 93-It159985 critic Deed Records of Denton County, Texas (D.R.D.C.T.),
suit] pemnanctl water line rueinew being herein more particularly described by metes
and bounds as follows:
COM]%I ENCING at a 5/S` iron rod thin d ai northeast properly comer of the said City of
Denton "Rails io Triols' tract, said commencing point being on the west property line of
a 3-750 acre tract of land conveyed to Jeanette W. Dullon, by warranty deed as reworded
in Volume 1642. Page 958 of the DA.D.C.T_ said commencing point being on the south
right-of-way line of Shady Shot" Road, heing a variable width public right-of-way, said
commencing porn also heing at the beginning of a non-langent curve to the right having
a radius of 3840.01 feel; -
THENCE in a Southeasterly direction, along the east property line afthe said Chy of
Denton "Rails to Trails tract, along the .raid west property line of the Dutton
vact and along the said curve through an arc length of 5,98 ieet and across a
chard having a direction of South 29' 11' 24" East and a dwrtl length of SA8
lect to the POINT OF BEGINNING, said point being at the beginning of a
curve to the right having a radius of 3840.01 feet;
TIIENCE, in a Souuteastcrly direction continuing along the said properly lines and along
the said curve through an are length of t O.68 feet and across a chord having a
direction of South 29003' 57" Fast and it choni length of IO.GS feet to at point;
TIIENCE South 28° 59' 39" Gas]. corlinuing along the said properly lines, a distance of
11,95 fccl to a point;
THENCE North SG" 49' 51" West a distance of It 7.70 feet to a point on the west
property line of Said City of Denton "]hails to Trails tract, said point being on
the cast right -of way line of Old Highway 77, said point also being at the
beginning ol'u non-tnngent curve to the left having a radius ol'3740d1 feel;
THENCE in a Northwesterly direction along the said propurty line, the said right-of-way
line and along the said curve through an am length of 23.55 fay and across a
chord having a direction of North 280 42' 51" West and a chord length of
23.55 fmi to a point:
TIIENCE South 86° 4fY 5 1 " East a distance of 117.55 feet to the POINT OF
BEGINNING containing 0.054 acres of land more or less.
(Exhibit -A") Page I of 3
`'2i
NOTE: The basis of hearings for this survey is the Texas State Plane NADS3. North
Central Zone. The base stations used (or control on this survey are:
PID Designation
DH7149 TXSG SAGINAW CORS ARP
DF89S6 'I`XDE DENTON COPS ARP
DF8982 TXCO COLLIN CORS ARP
Combined grid to surface scale factor: 1,0001493809
All distances shown are surface.
'SURVEYORS CERTIFICATE'
TO ALL PARTIES INTERESTED IN I ITLE TO THE PREMISES SURVEYED, 1 DO
HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACTUAL .AND ACCURA'I L SURVEY
I.1PON THE GROUND AND THAT SAME. IS TRUE AND CORRECT.
Company Name: Spooner and Assucistesllnc.
By:
Surveyors Name Eric Shaun Spoon"
Registered Professional Land Surveyor.
Texas No. 5922
Date orsurvcy:9-18-06
(Echibit'yi") Page 2 of
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PUBLIC UTILITY EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENT:
COUNTY OF DENTON §
That the City of Denton, Texas, a municipal corporation (Grantor), for and in consideration of
the sum of $10 00 and other good and valuable consideration to the undersigned in hand paid by
the Upper Trinity Regional Water Distict, a political subdivision of the State of Texas (Grantee),
the receipt of which is hereby acknowledged and confessed, has granted and sold and does
hereby grant and sell unto said Grantee, its successors and assigns, an easement for subsurface
public utilities, under, across, and upon that certain real property described in Exhibit A attached
hereto and made a part hereof by reference (the "Easement Area"), subject to the reversionary
rights and privileges of Missouri Pacific Railroad Company (Railroad), its successors and
assigns, and Grantor set forth in the Line Sale Contract between Railroad and Grantor of July 2,
1993, adopted pursuant to City of Denton Ordinance No. 93-177 and limited by 16 U.S.C. 1247
(d), section 8(d) of the National Trail System Act and subject to easements and licenses of
record, interlocal agreements and Grantor's and its assigns perpetual and superior. right to
maintain a trail system and/or a commuter rail system and expand the type and number of public
utilities within Grantor's jurisdiction to maintain and operate within the Easement Area.
The Grantee is acquiring this easement for the purpose of constructing, using and maintaining a
public utility subsurface water line and in accordance with the such plans and specifications that
are approved in advance in writing by Grantor (the "Approved Plans"). The Approved Plans
shall best serve the public while at the same time protect the integrity of the existing railroad
roadbed and accommodate the construction and maintenance of the Denton Branch Rail/Trail
Project as envisioned by the interlocal agreement between the City of Denton and the Texas
Department of Transportation dated November 7, 1997 and adopted pursuant to City of Denton
Ordinance No. 95-227 as well as the construction and maintenance of a commuter rail system.
Grantee, by taking possession of this easement (e.g., grading or preparing the railroad roadbed
for a water pipeline) agrees to comply with the following terms:
1. Repair, modify or reconstruct the pipeline improvements (and customary uses
attendant thereto) authorized above at Grantee's expense (a) if same is required
for Grantor to comply with the interlocal agreement referenced in Ordinance No.
95-277 above or any agreement between Federal or State agencies required to
receive funding for the construction and maintenance of the Denton Branch
Rail/Trail Project (b) to repair, modify, reconstruct, install or construct Grantor's
utilities in the Easement Area, , and (c) as may be necessary to provide for
commuter rail service.
2. Repair and restore any improvements in the Easement Area, lawfully placed
therein by Grantor, its agents, assigns, employees or independent contractors or
by others pursuant to an easement, agreement or license granted by Grantor or its
predecessor, the Railroad, damaged by the negligence of Grantee or its agents,
employees, or independent contractors working in the easement area with
Grantee's approval, in constructing and maintaining a utility wastewater
easement. To the extent permitted by law, Grantee agrees to indemnify and hold
harmless Grantor, its officers, employees, agents (which may include the Texas
Department of Transportation) and independent contractors from all claims or
liabilities due to activities of Grantee, its officers, employees, agents, and
independent contractors. Additionally, to the extent permitted by law, the Grantee
shall hold harmless the Grantor, its officers, employees, agents, assigns and
independent contractors from any and all expenses, including attorney fees and .
court costs which may be incurred by the Grantor and the entities above in privity
with Grantor in litigation or otherwise resisting said claim or liabilities which
might be imposed or the Grantor or those in privity with Grantor as a result of
such activities by the Grantee, its officers, employees, agents or independent
contractors.
C:�W SemnpWlvY4ml 5GtinylT=p N F"` KWLWU Trvup'memv
This easement will terminate if the Easement Area is used other than in compliance with the
specified use provided for in the Approved Plans. Any modification of the Rail/Trail crossing
must be approved through the Chapter 26 process set forth in the Texas Parks & Wildlife Code.
TO HAVE AND TO HOLD the above described easement, together with all and singular the
rights and appurtenances thereto in any wise belonging unto the said Grantee, its successors, and
assigns forever.
EXECUTED this zAay of ghrd& OV-7
GRANTOR: CITY OF DENTON
By G
George C. Campbell
City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AST EGAL FORM:
EDWINM. SNYDFR, CITY,.ATTORNEY
M
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this a&-t-day of / V�cA fZ ,
"A by 6d?0a6a- t . Gj#"10 y;4-City Manager of the City of Denton, Texas, a
municipal corporation, on behalf of said municipal corporation.
LINDA HOLLEY
i,•' e Notary Public, Stete of Tezas
M Commission Expires December 08, 2009 oPublic',S�
tateoeXxas _
ACCEPTED this o2G day of Feld.
aao�
GRANTEE:
UPPER TRINITY REGIONAL WATER DISTRICT
By: G .
Name: Thomas E. Taylor
Its: Executive Director
STATE OF TEXAS
COUNTY OF DENTON § THOMAS E TAYLOR
This instrument was acknowledged before me by EXECUTIVE DIRECTOR of the
Upper Trinity Regional Water District on this the oi0 — day of Feb. -2M6, and in
the capacity therein stated on behalf of said entity. aoo7 ,�
J'
i •'q�F'OFIt'. • Z
AFTER RETO:
Upper Trinity Regional Water District
P.O. Drawer 305
Lewisville, Texas 75067
��
Notary Pu lic, State df Texas
Page 4 of 4 - UTILITY EASEMENT
(MYDOC:EASEMENTI N FO%UTI LEASEM ENTDOCIUTRW D.BS)
F.XII IBIT "A"
UPPER TRINITY REGIONAL WATER DISTRICT
SHADY SHORES PIPELINE REPLACEMENT PROJECT
PARCRL4A
OWNER: CITY OF DF.NTON "RAILS TO TRAILS"
PERMANENT WATER LINE EASEMENT
M.E.P. & P.R.R. SURVEY, ABS. No. 911
DENTON COUNTY. TEXAS
Being a 20' wide pem:o ent water lira casenant out of the M.E.P & P.R.R. Survey,
Ahnracl No. 911. and out of a 1.76 acre Into of land conveyed to tire City of Demon
-Rails lo'l'rails- by warranty deed as recorded in Within County Clerk's Insttvmem No.
(D.C.C.I.No.) 91d01139995 or the Dad Records of Dadon Countv, Texus 1D.R.D.C.T.1.
said pennoltertl water line rasenncm being herein more particularly described by metes
and bounds as follows:
COMMENCING at a 518" iron rod fiwad ad nurtheut Ivopcny corner ol'tlte mid City of
Damon ^Rnila to'I'rails" tract, mid commencing point being on du west property line of
a 3.7911 acre tract of Ind conveyed to JeanClle W. Damon, by wamnty drnf as recorded
in Volume 1642. Page 958 orthe D. R.D.C: r., said commencing point being on the moth
right-of-way line of Shady Shores Rod. Ming a variable width Public riglu-of-w'ay. mid
comtneraing point elm being at the beginning of a non-langeM curve to the right leaving
a radius of 3840.01 kcr ,
'THENCE, in o Smnhcasterly direction. slung the east property line ofthc said City of
Denton "hails to'I'rails tract, along the aid weal property line or tM Dunuu
tract and along the mid curve through an arc Icngth of 319 fah anal mmss a
chord leaving a direction of South 291 11' 24* East mall a churl length of 3.98
1i ci to the POINT OF BEG14NNI NG, slid point being at the beginning of u
curve to 1M right having a rmlian uf3840.01 Peer,
TI IENCV in a Snudicaslnly directimt cuminuing ulong the mid property lines and along
the said curve through an are length of 10.68 feet and across a chord having a
direction of Snmh 29" 03' 57" East and a client Icngth or mom reel to a point;
TIIF.NCE South 28" 59' 39" Last. cdnlinuing along the said property lines, u distance of
11.95 Icd to a point;
THENCE North So- 49' 51" West u dismrce of 117.70 feat to a point on the west
pnvpcnv liter ofsaid City of Wmon"Rails to'I'mils loci. slid point bring on;
Ihv rest right-ofway line of Old l lighway 77. mid point ulm Ming at the
beginningoru non-tmtgent curve to the left having o radius ol'3740.01 kel;
THENCE in a Northwesterly direction uleng the said property line, the said righter -wry
line and :dung the aid curve through an arc length of 23.55 fees and across u
chord leaving a direction ufNonh 280 42' 51- West and a chord length of
23.35 Jima 10 a paint:
T11 ENCF. South 86" 49' S1• Ent a distance or 117.55 feel to t a POINT OF
BEGINNING containing 0.054 acres of land more or less.
(Exhibit -A") Poge I of t
NWI'Rt The basis of twrings Ibr this survey is the Texas State Plane NA D83. North
Central Zone. The base sutimu used for control on dux survey arc:
PID Designation
DH7149 TXSG SAGINAW CORS ARP
DF89g6 '1'XDE DENTON CORS ARP
13F8982 TXCO COLLIN CORS ARP
Combined grid to surfaeo scale factor: I.OW Ia9380')
All distanca shown are surfue.
-SURVEYORS CERTIFICATE*
TO ALL PARTIES INTERESTED W TITLE. TO THE PREMISES SURVEYED. I DO
I IEREBY CERTIFY TUAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY
UPON THE GROUND AND THAT SAME. IS TRUE AND CORRECT.
Conquiny Name: Slwuneraixl Assuciates.'Inc.
Surveyors Name: Eric Sbaun Spooner
Rcgimered Prufcuiotwl Lan) Surveyor.
Texas No. 5922
Dulcof Sur,ey:9.18 m
(Li:hibit "A") Page 2 of 3
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