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Home My WebLink About2003-006CAWM WS9HMP p260Niv WWtmF cm hV WR]6,1-7L3d ORDINANCE NO. a0O3'OD�/J AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL/TRAIL AT WALTON ROAD MILEPOST 727.6 FOR THE PURPOSE OF A PUBLIC STREET IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A STREET DEDICATION 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 Corinth desires to improve public transportation to the City of Corinth by constructing a roadway 100 linear feet across the trail for a public street; and WHEREAS, the City of Corinth desires to construct the public street 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 18, December 24, and December 31, 2003 of a Public Hearing to be held on January 7, 2003 in the Council Chambers to consider the alternatives to the use of City Park for the subject street project; and WHEREAS, the City Council on January 7, 2003, 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 street crossing; and WHEREAS, the City Council fords 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 public street 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 street crossing for Walton Road proposed by the City of Corinth (the "Project') shall be constructed and maintained above 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 public street 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. CAWINO[IWS\�C*36O i=m WeWn PmE�gW 727.6.1-7/ 13 SECTION 2. A public street dedication easement which is revocable as required by law (National Trails System Act, 16 U.S.C. 1247(d)) shall be composed 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 protect 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. PASSED AND APPROVED this the q1—f da3 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. P%GUTY. CATY ATTORNEY M Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION EASEMENT BEING 0.509 acres of land located in the J. P..WALTON SURVEY, Abstract No. 1389, City of Corinth, Denton County, Texas, and being a portion of the Tract of land within the J.P. WALTON SURVEY conveyed to the City of Denton by the deed recorded in County Clerk's File No. 93-0058485 of the Deed Records of Denton County.,. Texas. Said"0.509 acres being. more particularly described by metes and bounds, as follows: BEGINNING at a 1/2" iron rod found, in the Northeast boundary line of said City of Denton Tract, lying at the intersection of the centerline of Walton Road, and said POINT OF BEGINNING (1/2" iron rod found) lying at the Northwest corner of the Tract of land conveyed to Pinnell Ford, L. C. by the deed recorded in County Clerk's File No. 97-0046701 of the Deed Records of Denton County, Texas; THENCE S 390 10' 17" E 44.95 feet, along the Northeast boundary line of said City of Denton Tract, 'and'the Southwest boundary line of said Pinnell Ford, L. C. Tract, to a 1/2" iron rod set, in the new South right-of-way line of said Walton Road; THENCE S 890 49' 45" W 128.86 feet, severing said City of Denton Tract, to a point in the Southwest boundary -line of the aforesaid City of Denton Tract, lying in the Northeast boundary line of the Tract of land conveyed to Pinnell Ford, L.C. by the deed recorded in County Clerk's File No. 97-0084160 of the Deed Records of Denton County, Texas; THENCE N 390 10' 17" W 9.21 feet, along the Southwest boundary line of said City of Denton Tract, to a point in the intersection of the East right-of-way line of Corinth North Road; THENCE N 000 23' 55" W 57.77 feet, severing said City of Denton Tract, and running along the Northerly extension of the East right- of-way line of said Corinth North Road, to a point in the projection of the North right-of-way line: of said Walton Road; THENCE N 890 50' 03" E 82.31 feet, along the extension of the north right-of-way line of said Walton Road to a point in the Northeast boundary line of said City of Denton Tract; THENCE S 390 10' 17" E 38.60 feet, along the.Northeast boundary line of said City of Denton Tract, to THE PLACE OF BEGINNING, containing 0.161 acre (7.022 square feet) of land. FNCORWALTON ESM Q• V BRrrran�t & CRAWFORD IIDII (J1N05URYEYING 6 D TOPOGRAPHIC NAPPING (6171 926-OP 11 - METRO (617) 4293112 FAX NO. (617) 926-9.347 P.O. BOX 11374 • 3008 BOOTH FREEWAY FORT WORTH, TEXAS 76110 ENNU udmin0brMain-rmifwtl.eom \ I W LOT 1. BLOCK A Z NORM CENTRAL TTD(AS COLLEGE ADDRTON CAB. R. SLIDE 75„ P,R.D.C.T. QO O \ "p cps \ LT I LOT 1 \ BLOCK B, F & HJIDDMON —CAB. L. SUDE 136 P.R.D..D,C�f. EASEMENT Lora I LOT' \ 0.161 ACRE \ \7,022 SQ.FT. 89050'03"E \ POINT OF yrr 82.31' -NJ .,BEGINNING-1 1 r 41 N 0002; 57. N 39010' 9.21 6" S P' 2 1/ ROD 901.0'1.7" E 38.60' WALTON +�7� IRON _____.___—__ D FOUND S 39010' 17"EE ROAD 44.95' 9W49'45'W 28.86' I \ \ \ PINNELL FORD. L.C. \ C.C. No. 97-0046701 D.R.D.C.T. \ O0 ,fl 0 \ \ 110 U\QQ� PINNELL FORD, L.C. Q v. C.C. No. 97—ODS4160 ' T �� O M&D.C.T. 7f y s SEPTEMBER 17, 2002 SCALE 1'1= 100' (DOC) \Su\FNCORNR\WALMN\ROW-15\