HomeMy WebLinkAbout2000-061NCH WDVOLMa{Q*Ip LOmpp,pmmY`O`E�nu¢a\OO�Qiq� 26 oNWn HIota Goo
ORDINANCE NO 4OO I
AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE
DENTON BRANCH RAIL/TRAIL APPROXIMATELY 2500 FEET SOUTH OF STATE
LOOP 288 HIGHWAY 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
SSACTION 1 The public street crossing for Brinker Road proposed by the City of Denton
(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
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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
SgCTION 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
SF,CTION 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 day of 2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L P DUTY, CIT ATTORNEY
By
J`Ae��LLER,
Page 2 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
BEING18,740 square feet of land located in the JOHN WHITE SURVEY, Abstract No
1433, City of Denton, Denton County, Texas, being a portion of the Old M K & T
Railroad right-of-way and being more particularly described by metes and bounds as
follows
BEGINNING at a 1/2" iron rod set in the North nght-of-way line of said Old M K & T
Railroad, being the South boundary line of a 57 087 acre tract of land described in deed
to Epic Development, Inc tract, recorded in Volume 3245, Page 699 of the Real
Property Records of Denton County, Texas, and the proposed West right-of-way line of
Brinker Road (a proposed 80 foot wide right-of-way), lying N 89"11'16"E, 269 38 feet, S
00034155"E, 575 50 feet, S 12014'08"W, 505 81 feet and N 41 "26'39"W, 87 87 feet from
a 1/2" Iron rod found at an interior corner of said Epic tract, being the Southwest comer
of a tract of land described in deed to John Karvounlaris, recorded in Volume 3405,
Page 50 of the Real Property Records of Denton County, Texas,
THENCE S 41°26'39"E along the North nght-of-way of said Old M K & T Railroad and
the South boundary line of said 57 087 acre tract, 87 87 feet to a 1/2" iron rod
set in the proposed East right-of-way line of Brinker Road,
THENCE SOUTHWESTERLY along the proposed East right-of-way line of Brinker
Road (a proposed 80 foot wide right-of-way), 108 65 feet along a Curve to the
Right, having a radius of 1140 00 feet, a central angle of 05027'39" and a
chord bearing S 27"47'01"W, 108 61 feet to a 1/2" iron rod set in the South
right-of-way line of said Old M K & T Railroad, being the North boundary line
of a 243185 acre tract of land described in deed to Epic Development, Inc,
recorded in Volume 3245, Page 699 of the Real Property Records of Denton
County, Texas,
THENCE N 41026'39"W along the South right-of-way of said Old M K & T Railroad
and the North boundary line of said 243 185 acre tract, 84 48 feet to a 1/2"
iron rod set In the proposed West right-of-way line of Brinker Road,
THENCE NORTHEASTERLY along the proposed West nght-of--way line of Brinker
Road (a proposed 80 foot wide right-of-way), 109 91 feet along a Curve to the
Left, having a radius of 1060 00 feet, a central angle of 05"56'27" and a chord
bearing N 2600745"E, 109 86 feet to the PLACE OF BEGINNING, containing
8,740 square feet of land
Page 1 of 1
W A No 99004
February 1, 2000
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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 mumcipal 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 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
Persons responsible for the construction of improvements within tlus 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 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 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 � aay of 2pOD
CITY OF DENTON, TEXAS
By ►ergs" WV'
Michaelp Jez
a e City Mager
STATE OF TEXAS
COUNTY OF DENTON §
This instrument is acknowledged before me, on this /O day of /!G!
?O , by MICHAEL W JEZ, City Manager of the City of Denton, Texas, a mum pal
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
�,.•°^w,H ANNFORSYTHE
Notary Public, Stale of Texas
my Gomm ai0h Expires
�Mv MAY 6, 9009
Notary ubhc, State of Te
Page 2 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
BEING 8,740 square feet of land located in the JOHN WHITE SURVEY, Abstract No
1433, (City of Denton, Denton County, Texas, being a portion of the Old M K. & T
Railroad right-of-way and being more particularly described by metes and bounds as
follows
BEGINNING at a 1/2" Iron rod set in the North right-of-way line of said Old M K & T
Railro d, being the South boundary fine of a 57 087 acre tract of land described in deed
to Epic Development, Inc tract, recorded in Volume 3245, Page 699 of the Real
Property Records of Denton County, Texas, and the proposed West right-of-way line of
Brinke 0 Road (a proposed 80 foot wide right-of-way), lying N 89"11'16"E, 269 38 feet, S
00"34'§5"E, 575 50 feet, S 12014108"W, 505 81 feet and N 41 "26'39"W, 87 87 feet from
a 1/2" iron rod found at an Interior comer of said Epic tract, being the Southwest comer
of a tract of land described in deed to John Kervouniaris, recorded In Volume 3405,
Page 50 of the Real Property Records of Denton County, Texas,
THENCE S 41026'39"E along the North right-cf-way of said Old M K. & T. Railroad and
the South boundary line of said 57 087 acre tract, 87 87 feet to a 1/2" Iron rod
set in the proposed East right-of-way line of Brinker Road,
THENCE SOUTHWESTERLY along the proposed East nght-of-way line of Brinker
Road (a proposed 80 foot wide right-of-way), 108 65 feet along a Curve to the
Right, having a radius of 1140 00 feet, a central angle of 05"27'39" and a
chord bearing S 27"47'010W, 108.61 feet to a 1/2" iron rod set in the South
right-of-way line of said Old M K. & T Railroad, being the North boundary line
of a 243185 acre tract of land described in deed to Epic Development, Inc ,
recorded In Volume 3245, Page 699 of the Real Property Records of Denton
County, Texas,
THENCE N 41026'39"W along the South right-of-way of said Old M K & T Railroad
and the North boundary line of said 243 185 acre tract, 84 48 feet to a 1/2"
Iron rod set In the proposed West right-of-way line of Brinker Road,
THENCE NORTHEASTERLY along the proposed West right-of-way line of Brinker
Road (a proposed 80 foot wide right-of-way), 109 91 feet along a Curve to the
Left, having a radius of 1060 00 feet, a central angle of 05056'27" and a chord
bearing N 26°0745"E, 109 86 feet to the PLACE OF BEGINNING, containing
8,740 square feet of land.
Page 1 of 1
W A No 99004
February 1, 2000
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