HomeMy WebLinkAbout2005-334ORDINANCE NO.
AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE
SUBSURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL AT
MILEPOST 724.8 FOR THE PURPOSE OF A NATURAL GAS PIPELINE IN
ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE;
PROVIDING FOR THE ISSUANCE OF LICENSE; 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
the harm to the park resulting from such use; and
WHEREAS, the City of Denton desires to cooperate with the NGG Gathering Company,
L.L.C. in the development of a Natural Gas Pipeline by providing a license for the construction
of a Natural Gas Pipeline 70.70' linear feet across the Denton Branch Rail Trail at milepost
724.8; and
WHEREAS, developer NGG Gathering Company, L.L.C. desires to construct the Natural
Gas 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 October 10, 17
and 24, 2005 of a Public Hearing to be held on November 1, 2005 in the Council Chambers to
consider the alternatives to the use of City Park and Recreational land for the subject natural gas
pipeline project; and
WHEREAS, the City Council on November 1, 2005 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 Trail resulting from the License; and
WHEREAS, the City Council finds that the fact situation discussed above 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 natural gas line project when constructed in accordance with the
provisions of the license as described below will minimize the harm to the park land resulting
from the proposed subsurface use of such park land effected shall remain useable for the park
patrons once the construction of the private driveway improvements are completed; NOW,
THEREFORE,
S dOur Documents\Ordinances\OS\Ordinance.0.ntonBr.n hRailTruilG-LinecrossingMP724BLicensingAgreement I1-1-05.doc
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The natural gas line proposed by the NGG Gathering Company, L.L.C. 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 natural gas line 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 gas
line project.
SECTION 2. A license which is revocable as required by law shall be composed by the
City Manager or his designee and approved by the City Attorney allowing the subsurface use of
the park property 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 the City for the reasonable market value of the use herein granted and generally
protect the health, safety and general welfare of the City. Construction plans shall be submitted
to the City for approval prior to any work.
SECTION 3. During construction of the improvements above, NGG Gathering
Company, L.L.C. may have temporary use of such additional park land necessary to stage the
construction of the improvements as may be approved by the Director of Parks and Recreation
Department and at the completion of the construction activities for the above improvements 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 License above grantee shall, to the extent allowed by law, constitute a
covenant running with the land and be filed in the Deed Records of Denton County, Texas.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
St
PASSED AND APPROVED this the day of �yutA�l��1J
2005.
EULINE BROCK, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
'*By: �
APPROVED AS TO LEGAL FORM:
EDWIN M. SYNDER, CITYATTORNEY
SAO., Oocumems\O dinances\OS0,dinancc,UcmmnBranchgailTmilGasLinecrossingMP]24.8LicensingAgreement11-1-05 docPage 3 of 3
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Coleman & Assoc. Land -Surveying
P.O. Box 686
Demon. Texas 76202
Exhibit "A"
20 foot Gas License Area
Rails to Trails Hike and Bike Path
FILED NOTES to all that certain tract of land situated in the D. Hough Survey Abstract
Number 646, City of Denton, Denton County Texas and being a part of the Rails to Trails
Hike & Bike Trail described in the deed from Missouri Pacific Railroad Company to the
City of Denton recorded in Under Clerk's File Number 93-R0058458 of the Real
Property Records of Denton County, Texas; the subject tract being more particularly
described as follows:
BEGINNING for the Northeast corner of the tract being described herein on the North
line of the City of Denton tract at the Southeast corner of the said tract of land described
in the deed from Don V. Cunningham et ux to Que Britton et ux recorded in Volume
4731, Page 1616 of the said Real Property Records and the Southwest corner of the called
19.969 acre tract described in the deed from the F.D.I.C. to Robert P. Donnley recorded
in Volume 3384, Page 905 of the said Real Property Records;
THENCE South 00 Degrees 27 Minutes 56 Seconds West across the City of Denton
Tract a distance of 70.70 feet to the South line thereof and the North line of the called
243.185 acre Tract 1 described in the deed fiom the F.D.I.C. to Epic Development
recorded in Volume 3245, Page 699 of the said Real Property Records;
THENCE Northwesterly with a curve to the left having a radius of 1880.08 feet an are
distance of 23.98 feet (Chord Bearing North 56 Degrees 03 Minutes 58 Seconds West a
distance of 23.98 feet);
THENCE North 00 Degrees 27 Minutes 56 Seconds East across the City of Denton tract
a distance of 70.65 feet to the North line thereof and the South line of the Britton tract;
THENCE South 56 Degrees 43 Minutes 28 Seconds East with the South line of the
Britton tract and the North line of the City of' Denton tract a distance of 23.80 feet to the
PLACE OF BEGINNING and enclosing 0.036 acres of land.
Revised 10-13-05 cf
QUAILCREEK ROAD
N 0 U
0 �
r
DON V. CUNNINGg1AM N ux
TO !/1
DUE BRT1T0 N ux
VOL 4731, }. 1616
\Q4
TO Tn
Cf.HC.� TpCOLpOyeyC '4Np
D = 00.43'50"
CH = N 56.03'58"
23,98'
s
W
BE
3
s
LO O
h h
N n
O
O
CALLED 19.969 ACRES
FEDERAL DEPOSIT INSURANCE CORP.
TO
ROBERT P. DONNLEY
VOL 3384. P. 905
u!
R = 1880.08' \ \ <
L = 23.98'
* BEARINGS 8 DISTANCES BASED ON'
TEXAS COORDINATE SYSTEM OF 1983,
NORTH CENTRAL ZONE (4202) '..
BASED ON CPS TIES TO GEODETIC CONTROL
CONVERGENCE = 00'44'50-
COMBINED SCALE FACTOR = 0.99964667
TO GET SURFACE DISTANCES
MULTIPLY BY: 1.00015335
EXHIBIT "B"
LICENSE
AREA
IN THE
D. HOUGH
SURVEY
A-646
CITY OF
DENTON
DENTON
COUNTY,
TEXAS
DRAWN:
CF
JOB #:
1151
CHECKED:
WMC
DATE:
6-2-05
REVISED:
N/A
SCALE: I-
- 50'
TRACT I \ \
CALLED 243.185 ACRES \ \
TO f ('
EPIC DEVELOPMENT
VOL 3245. P. 689 \
Coleman & Associates
Land Surveying
P. 0. BOX 686 DENTON, TEXAS 76202
PH(940)565-8215,FAX (940)565-9800,
W W W.COLEMANSU RVEYING.COM
0 2005 COLEMAN 3 ASSOC. SURVEI'ING