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Home My WebLink About2003-196ORDINANCE NO. 7VOJ—/91�/ AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE SURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL AT CORINTH PARKWAY AT MILE POST 727.7 FOR THE PURPOSE OF AN OVERHEAD ELECTRIC LINE CROSSING IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A 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 City of Corinth in the development of properties within the City of Corinth by providing a license for the construction of an overhead electric line 162 linear feet across the trail for an electric distribution line ; and WHEREAS, Oncor Electric desires to construct the overhead 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 May 26, June 2, and June 16, 2003 of a Public Hearing to be held on June 17, 2003 in the Council Chambers to consider the alternatives to the use of City Park and Recreational land for the subject overhead electric line project; and WHEREAS, the City Council on June 17, 2003, received testimony from City staff and citizens regarding alternatives to the use of the Denton Branch Rail/Trail for this overhead electric line; 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 overhead electric 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 use and the surface of such park land effected shall remain useable for the park patrons once the construction of the electric line improvements are completed; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The overhead electric line proposed by Oncor Electric must 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 SA0ur Documents\0rdinnocu\03\ChVWr 260ncor clecUic line, W 727 7 Ccrinih.dec of the overhead electric 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 project. SECTION 2. A License which is revocable as required by law (National Trails System Act, 16 U.S.C. 1247(d)) be composed by the City Manager or his designee and approved by the City Attorney allowing the 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; American Railway Engineering and Maintenance of Way standards, 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. SECTION 3. During construction of the above described improvements, Oncor Electric 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. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2003. ATTEST: JE ER WALTERSVCIYSECRETARY By: AP OVED TO LEGAL FORM: HERBERT L. TY, C ATTORNEY By: day of�/LQi r"4, EULINE BROCK, MAYOR SA0ur�um WObinwm\03\ChVtR2�nco«]ttUicfln� W 7271Co�nth.m.Pagc 2 of 2 Exhibit A LEGAL DESCRIPTION Oncor Electric Easement "Dalhoma Trail" Crossing 0.065 Acres Being all that certain lot, tract or parcel of land situated in the J. P. Walton Survey, Abstract Number 1389, City of Corinth, Denton County, Texas, being part of that certain tract of land described in deed to the City of Denton (Dalhoma Trail Tract) recorded in Clerk's File Number 93-R0058485 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a %' capped rebar (G & A) found on the east line of said City of Denton (Dalhoma Trail) tract, being on the south right-of-way line of Corinth Parkway, and being the northwest comer of that certain called 5.000 acre tract of land described in deed to the City of Corinth recorded in Volume 4708, Page 1482 of the Real Property Records of Denton County Texas, and being in a curve to the left; THENCE Southeasterly, along the east line of said Dalhoma Trail and the west line of said City of Corinth tract and with the arc of said curve having a radius of 1937.96 feet, a central angle of 00032'27', whose chord bears S 52°44'58" E, 18.29 feet, an arc length of 18.29 feet; THENCE S 19°2846" E, 171.86 feet, to a point on the west line of said Dalhoma Trail and the east line of that certain tract of land described in deed to Shirley Ann Enlow recorded in Volume 733, Page 161 of the Deed Records of Denton County, Texas, and being in a cure to the right; THENCE Northwesterly, along the west line of said Dalhoma Trail, the east line of said Enlow tract and with the arc of said curve, having a radius of 2037.96 feet, a central angle of 00°41'50", whose chord bears N 56°42'07" W, 24.80 feet, an arc length of24.80 feet; THENCE N 19"28'46" W, 154.94 feet; THENCE S 58°44'39" W, 21.58 feet; THENCE N 31 ° 15'21" W, 10.76 feet; THENCE N 5704079" E, 29.02 feet, to the POINT OF BEGINNING and containing approximately 0.065 acres of land. k=;Q2119oc.wpd ROR)a N 57'40'29" E 29.02' N 31'15% W 10.78 / S 58°44'3E 21.58' — City of Denton 93—R0058485 R.F. N 19028'46" V 154.84' - Shirley Ann Enlow 161 Gearin9e based on plot. I CL=18.29' / 5.000 Acres City of Corinth 4708/1482 S 19'28' 46" E 171.86' EXHIBIT 6 00'41'S0° for R=2037.96' Oncor Electric L=24.80' Easement CD=N 56042'07" W 0.065 Acres CL=24.80' in the JP. WALTON SURVEY, ABSTRACT NO. 1389 CITY OF CORINTH DENTON COUNTY, TEXAS G & A Consultants, Inc. SMPUNNMG a PI xtm aMENGRMMMG I MSUMMG LM4116CMARCHancrim Piave (97o 43"M - F=Q-" 4 liens P.a B=I= - Ienlea%Tm ?sw ONANN BY. C.N. DATE: 05/01/03 STALE: 1'v40' ,SOB, NO. 02119 LEGAL DESCRIPTION Oncor Electric Easement Part of City of Corinth Tract 0.011Acres Being all that certain lot, tract or parcel of land situated in the J. P. Walton Survey, Abstract Number 1389, City of Corinth, Denton County, Texas, being part of that certain called 5.000 acre tract of land described in deed to the City of Corinth recorded in Volume 4708, Page 1482 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a Y? capped rebar (G & A) found at the northwest comer of said City of Corinth tract, being on the south right-of-way line of Corinth Parkway and being on the east line of that certain tract of land described in deed to the City of Denton (Dalhoma Trail Tract) recorded in Clerk's File Number 93-R0D58485 of the Real Property Records of Denton County, Texas, and being in a curve to the right; THENCE Northeasterly, along the north line of said City of Corinth tract, the south right-of-way line of Corinth Parkway and with the arc of said curve having a radius of 2400.00 feet, a central angle of 00 "46'03", whose chord bears N 58 "24'18" E, 32.15 feet, an are length of 32.15 feet, to a point on the east line of a utility easement, being in a curve to the left; THENCE Southeasterly, along the east line of said utility easement and with the arc of said curve having a radius of 1907.96 feet, a central angle of 00"29'08", whose chord bears S 53 "03-57" E, 16.17 feet, an arc length of 16.17 feet; THENCE S 58 03243" W, 32.28 feet, to a point on the west line of said City of Corinth tract and the east line of Dalhoma Trail, being in a curve to the right; THENCE Northwesterly, along the west line of said City of Corinth tract, the east line of said Dalhoma Trail and with the arc of said curve having a radius of 1937.96 feet, a central angle of 00"2878", whose chord bears N 52"42'58" W, 16.05 feet, an arc length of 16.05 feet, to the POINT OF BEGINNING and containing approximately 0.011 acres of land. kaM'021190e2.uwpe 'Cli""'s .03 A 00'46'03" ` R=2400.0' \L=32.2' / CD=N 1�"E A 00'29'08/ CL=32.15.15' 1 R=1907.96/ L=16.2' / CD=S 53-03'57" & CL=16.17' S 58'32'43 / 32.E P. R.F. A 00028'28" J \ 3/0' U.E. 5-000 Acres / of R=1937.96' " C 4708/1482th L=16.05` \ ` CD=N 52442'58" W CL=16.05' \ City of Denton \ 93—R0058485 \ \ Q Shirley Ann Enlow Vol. 733, Pg. 161or X H I B I T for KENT M. O Electric Easement MOBIdY "q° °Z 4�g•' Q011 Acres P, o in the N�BuPN J.P. WALTON SURVEY, ABSTRACT NO.1389 CITY OF CORINTH DENTON COUNTY, TEXAS G & A Consultants, Inc. SQEPIANNBYG • PIA=G CM11MCGUSIMMO iAND SURVEMG XANDSCUEPURCHErEMM P.O.Bmms rewisvmq'lkacs'750P/ Bearings 6aeed on plot. DNAWN BY; C.H. DATE 05/01/03 SCALE: 1'=10' JOB. NO. 02119 TOTAL P.05