HomeMy WebLinkAbout2000-060\\Cl, I gLWOLWWodWVI WutO caeoeo O &nWW\W\Chap 260rdlaamWWw do[
AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE
DENTON BRANCH RAIL/TRAIL APPROXIMATELY 2000 FEET NORTH OF SHADY
SHORES ROAD 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 Denton desires to improve public transportation to the City of
Denton by constructing a four lane divided roadway 100 linear feet across the trail for a public
street, and
WHEREAS, the City of Denton 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 January 23,
January 30, and February 6, 2000 of a Public Hearing to be held on February 15, 2000 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 February 15, 2000, 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 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 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 Lakeview Boulevard proposed by the City of
Denton (the "Projecf) 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
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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 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 4 day of 2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
I0
APMOVED AS TO LEGAL )FORM
HERBERT L_PWUTY, CITY ATTORNEY
10
J K ILLER, MAYOR
Page 2 of 2
THE PRESERVE at
PECAN CREEK
(t EXHIBIT "A"
0 a 100 :oo aoo
GRAPHIC SCALE IN FEET
THE PRESERVE at
PECAN CREEK
1 (-0437'10-
R-1542 93'
A118eWn Pacific
T-6223
Railroad C L-12440
CyQuitclaim to Pant I 0 286 ACRES
CDJtNo/De"Ra I (12.473 SO FT)
0 93- iexoS l o i ;
RPRDCi R
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1.01.57'59'
1
R.144293'
T-62 SW
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Vol 3363, Pg 0929
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Vol 3p 36 Cq 0925
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NOTE
BEARING SYSTEM BASED ON THE PLAT OF THE
BILL UTTER FORD ADDITION, AN ADDITION
TO THE CITY OF CORINTH, TEXAS RECORDED IN
CABINET P, PAGE 357 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS
0.286 ACRE TRACT
IAGITED IN THE CITY OF D04M TEXAS
11111111 7tWEWAY SWn 39a DALLAR IMS r3x43 91Y.2A3031 AND SONG OUT Or THE
0 WALKER SURVEY. ABSTRACT NO 1330 AND
atrrer art Mar earar DENM CBUNTY, TEXAS
R1A P-100' ON low 2027-991a
EXHIBIT "A"
LEGAL I MR112n0N.
BEING A 0286 ACRE TRACT IN A TRACT OF LAND SAID TRACT OF LAND BEING OWNED BY THE CITY OF
DENTON, TEXAS RECORDED IN C.0 0 No 93-RW58485 REAL PROPERTY RECORDS DENTON COUNTY, TEXAS, SAID
0286 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
BEGINNING AT THE INTERSECTION OF THE SOUTHWEST RIGHT-OF-WAY OF THE MISSOURI PACIFIC RAILROAD
COMPANY (A 100 WIDE RIGHT-OF-WAY) AND THE WEST RIGHT-OF-WAY LINE OF LAREVIEW BOULEVARD (A
120 FOOT WIDE RIGHT-OF-WAY)
THENCE NORTH 13 DEGREES, 58 MINUTES 57 SECONDS EAST, A DISTANCE OF 10278 FEET TO A POINT FOR
CORNER, SAID POINT ALSO BEING IN THE SAID NORTHEAST RIGHT-OF-WAY OF SAID MISSOURI PACIFIC RAILROAD
AND ALSO BEING IN A CURVE TO THE RIGHT WHOSE CENTER BEARS SOUTH 26 DEGREES, 54 MINUTES, 02
SECONDS WEST, A DISTANCE OF 154293 FEET FROM SAID POINT
THENCE ALONG SAID NORTHEAST RIGHT-OF-WAY OF THE MISSOURI PACIFIC RAILROAD AND ALONG SAID CURVE
TO THE RIGHT, AN ARC DISTANCE OF 12440 FEET THROUGH A CENTRAL ANGLE OF 04 DEGREES, 37 MINUTES,
10 SECONDS TO A POINT FOR CORNER, SAID POINT ALSO BEING IN THE SOUTEAST RIGHT-OF-WAY OF SAID
LAKEVIEW BOULEVARD -
THENCE SOUTH 13 DEGREES, 58 MINUTES 57 SECONDS WEST A DISTANCE OF 10524 FEET TO A POINT FOR
CORNER, SAID POINT BEING IN THE SAID SOUTHWEST RIGHT-OF-WAY OF ME MISSOURI PACIFIC RAILROAD AND
THE SOUTHEAST RIGHT-OF-WAY OF LAZE VIEW BOULEVARD, AND ALSO BEING IN A CURVE TO THE RIGHT
WHOSE CENTER BEARS SOUTH 32 DEGREES, 46 MINUTES, 46 SECONDS WEST, A DISTANCE OF 1442.93 FEET
FROM SAID POINT
THENCE. ALONG SAID SOUTHWEST RIGHT-OF-WAY OF THE MISSOURI PACIFIC RAILROAD AND ALONG SAD CURVE
TO THE LEFT AN ARC DISTANCE OF 12508 FEET THROUGH A CENTRAL ANGLE OF 04 DEGREES 57 MINUTES,
59 SECONDS TO THE POINT OF BEGINNING:
CONTAINING 12,473 SQUARE FEET OR 0286 ACRES MORE OR LESS.
B !a1
.286 ACRE TRACT
LOCATED IN THE CRY OF DEMON TEXAS
rLUUFKr#AY77F!F AND WHO OUT OF THE
0 WALKER SURVEY, ABSTRACT NO 1330 AND
aws DMON COUNTY, TEXAS
InD37-99166
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PUBLIC STREET DEDICATION EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENT
COUNTY OF DENTON §
That the City of Denton, Texas, a municipal corporation (the "City"), for and in consideration of
the sum of [$ per square foot for the property described in Exhibit "A"]
DOLLARS ($ ) hereby dedicates to the public's
use an easement for public street purposes, subject to the reversionary rights and privileges of
Missouri Pacific Railroad Company (Railroad) and City 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 perpetual and
superior right to maintain a trail system and expand the type and number of public utilities within
the City's jurisdiction to maintain and operate within the property described in Exhibit "A",
which easement is for the passage of vehicular and pedestrian traffic, along with the customary
uses attendant thereto, over, under, through, across and along all that certain tract or parcel of
land described in Exhibit "A", attached hereto and made apart hereof by reference for all
purposes
This easement is for the purpose of constructing, using and maintaining a public street at the
grade and in accordance with the such plans attached hereto in Exhibit A specifications which
will best serve the public while at the same time protecting the integrity of the existing railroad
roadbed and accommodating the construction of the Denton Branch Rail/Trail Project as
envisioned by the mterlocal 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
Persons responsible for the construction of improvements within this easement shall comply with
the following terms
1 Repair, modify or reconstruct the street improvements (and customary uses
attendant thereto) authorized above (a) to comply with the mterlocal 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 City's utilities in the easement area
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 or its predecessor,
the Railroad, 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 a public street
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This easement will terminate if the easement area is used other than in compliance with the
design as reflected in Exhibit A
EXECUTED this 16"Agday of ” Aa
CITY OF DENTON, TEXAS
a
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this le ay of
W , by MICHAEL W JEZ, City Manager of the City of Denton, Texas, a municipal
corporation, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal
corporation, that he was duly authorized to perform the same by the City Council of the City of
Denton and that he executed the same as the act of the said City for the purposes and
consideration therein expressed, and in the capacity therein stated,,
'"""°"�\\\ ANNFORSYTHE
+/ Notary PUbllo, State of Taxes
My Commisslon Expires
k� Pav+ MAY 9, 2002
Page 2 of 2
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THE PRESERVE at
PECAN CREEK
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Ernest A Tinnerello
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Vol 3363, Pg 0925
DRDCT
v
NOTE
BEARING SYSTEM BASED ON THE PLAT OF THE
BILL UTTER FORD ADDITION, AN ADDITION
TO THE CITY OF CORINTH, TEXAS RECORDED IN
CABINET P. PAGE 357 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS
Mel ldl FREEWAY Sa11E 3DO DALLAS. TEXAS 75243
I►
Fu K I 1' to I DEC 1999 I 2OV-99 N
GRAPHIC SCALE IN FEET
THE PRESERVE of
PECAN CREEK
2Y
0 286 ACRES
(12,473 SQ FT )
John L Tingnerello
Vol 3D D C T 0929
1tIm T a 2
0.286 ACRE TRACT
LOCATED IN TIRE CITY OF DEMON TEXAS
AND 910NO OUT OF THE
0 WA M SURVEY. A09MACT NO. 1330 AND
DEMON COUNTY. TEXAS
EXHIBIT "A"
IENG gm AC TRACT W A TRACT OF LAND, SAID TRACT OF LAND SEND OWNED BY THE CITY OF
DENTON. TEXAS RECORDED IN C C.D No 93-ROO58485 REAL PROPERTY RECORDS DENTON COUNTY, TEXAS SAID
O 286 ACRE TRACT KING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE INTERSECTION OF THE SOUTHWEST RIGHT-OF-WAY OF THE MISSOURI PACIFIC RAILROAD
COMPANY (A 100 WIDE R1GNT-OF-WAY) AND THE WEST RIGHT-OF-WAY LINE OF LAKEVEW BOULEVARD, (A
12D FOOT WINE RIWHT-OF-WAY)
THENCE NORTH 13 DEGREES, 56 MINUTES. 57 SECONDS EAST, A DISTANCE OF 102 78 FEET TO A POINT FOR
CORNER, SAID POINT ALSO SENO IN THE SAID NORTHEAST RIGHT-OF-WAY OF SAID MISSOURI PACIFIC RAILROAD
AND ALSO BEING IN A CURVE TO THE RIGHT WHOSE CENTER SEARS SOUTH 26 DEGREES, 54 MINUTES, 02
SECONDS WEST, A DISTANCE Of 154293 FEET FROM SAID POINT
THENCE ALONG SAW NORTHEAST RI NT-OF-WAY OF THE MISSOURI PACIFIC RAILROAD AND ALONG SAID CURVE
TO THE RIGHT, AN ARC DISTANCE OF 12440 FEET THROUGH A CENTRAL ANGLE OF 04 DEGREES, 37 MINUTES.
10 SECONDS TO A PONT FOR CORNER. SAID POINT ALSO BEING IN THE SOUTEAST RIGHT-OF-WAY OF SAID
LAKEVIEW BOULEVARD:
THENCE SOUTH 13 DEGREES, 58 MINUTES, 57 SECONDS WEST, A DISTANCE OF 10524 FEET TO A POINT FOR
CORNER, SAID POINT BEING IN THE SAID SOUTHWEST RIGHT-OF-WAY OF THE MISSOURI PACIFIC RAILROAD AND
THE SOUTHEAST RIGHT-OF-WAY OF LAKE VIEW BOULEVARD, AND ALSO BEING IN A CURVE TO THE RIGHT
WHOSE CENTER BEARS SOUTH 32 DEGREES, 46 MINUTES, 46 SECONDS WEST, A DISTANCE OF 1442.93 FEET
FROM SAID POINT
THENCE. ALONG SAID SOUTHWEST RIGHT-OF-WAY OF THE MISSOURI PACIFIC RAILROAD AND ALONG SAID CURVE
TO THE LEFT, AN ARC DISTANCE OF 125O8 FEET THROUGH A CENTRAL ANGLE OF 04 DEGREES. 57 MINUTES.
59 SECONDS TO THE POINT OF BEGINNING
CONTAINING 12,473 SOUARE FEET OR 028E ACRES MORE OR LESS
fQTlQ1!
0.286 ACRE TRACT
LOCATED IN THE CITY OF DENTON TEXAS
IN AND BEING OUT OF THE
949t lea FILLVAr sure rMULk%XAs Tsxu wx xas.31u1 0 YFMXER SURVEY. ABSTRACT NO 1330 AND
NURY9r alaoa N1NIt aAT9 DEHPDN COW41Y, IEKAS
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