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ORDINANCE NO a ccn - W l 4
AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE
DENTON BRANCH RAIL/TRAIL APPROXIMATELY 500 FEET NORTH OF MAYHILL
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 October 8,
October 15, and October 22, 2000 of a Public Hearing to be held on November 7, 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 November 7, 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 Mayhill Road(Loop 288 by-pass) 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 park land may still be used by its patrons after completion of the Project in the
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same manner it was used prior to the Project A traffic signal shall be placed at the street
crossing
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 17 Ci day of Q1Larv%&C 2000
ATTEST
JENNIFER WALTERS, ITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L P UTY, Y ATTORNEY
By
EULINE BROCK, MAYOR
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Exhibit A
All that certain tract or parcel of land lying and being situated in the D Lambert survey,
Abstract Number 784, City of Denton, Denton County, Texas, Being part of the tract of
land described in the deed from Mrssoun Pacific Railroad Company to the City of
Denton being recorded under County Clerk's File Number 93-110058485, and being more
particularly described as follows
COMMENCING at the Southwest comer of Lot 1, Block A, Lombard Addition, an
addition to the City of Denton, as shown by the plat thereof recorded in Cabinet I, Page,
182, Plat Records, Denton County, Texas, And on the East nght-of-way of Mayhill Road
said point also being the Northwest comer of a tract described in a deed to Roy Hallford
recorded under County Clerk's File Number 93-R0073462, Real Property Records,
Denton County, Texas,
Thence North 00 Degrees 55 Minutes 40 Seconds East, with the West line of said Lot 1
and the East line of said right-of-way, a distance of 507 89 feet to a point,
Thence South 89 Degrees 00 Minutes 57 Seconds East, a distance of 197 81 feet to a
point for the beginning ing of a curve to the Left,
Thence with said curve to the Left having a central angle of 11 Degrees 25 Minutes 54
Seconds, a Radius of 460 00 feet, an Arc Length of 9178 feet, and a Chord which bears
North 85 Degrees 16 Minutes 06 Seconds East, a distance of 9163 feet to a point on the
West nght-of-way line of the Said Missoun Pacific Railroad Company tract, at the
beginning of a curve to the Left and the POINT OF BEGINNING of the herem described
tract;
Thence with said curve to the Left having a Radius of 460 00 feet and a Central Angle
that bears 12 Degrees 36 Minutes 02 Seconds an Are Length of 101 16 feet and Chord
which bears North 73 Degrees 13 Minutes 31 Seconds East a distance of 100 96 feet to a
point and the beguunng of a curve to the Right,
Thence with said curve to the Right having a Radius of 1959 24 feet and a Central Angle
that bears 02 Degrees 20 Minutes 24 Seconds an Arc Length of 80 02 feet and a Chord
which bears South 24 Degrees 05 Minutes 35 Seconds East a distance 80 01 feet to a
point and the beginning of a curve to the Right,
Thence with said curve to the Right having a radius of 540 00 feet and a Central Angle
that bears 10 Degrees 38 Minutes 47 Seconds an Arc Length of 100 34 feet and a Chord
which bears South 72 Degrees 05 Minutes 25 Seconds West a distance of 100 19 feet to a
point and the beginning of a curve to the Left,
Thence with said curve to the Left having a Radius of 1859 24 feet and a Central Angle
that bears 02 Degrees 31 Minutes 46 Seconds an Arc Length of 82 08 feet and a Chord
which bears North 24 Degrees 27 Minutes 33 Seconds West a distance of 82 08 feet to
the POINT OF BEGINNING and containing in all 0 186 Acres of land
12
C1WMWWWTEM UHL1CST=TEnSEM 131�d..
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 nghts and pnvileges of
Missoun 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, mterlocal agreements and Grantor's perpetual and
supenor 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 descnbed in Exhibit "A",
which easement is for the passage of vehicular and pedestnan traffic, along with the customary
uses attendant thereto, over, under, through, across and along all that certain tract or parcel of
land descnbed 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
8 MENTI JI WO
This easement will terminate if the easement area is used other than in compliance with the
design as reflected in Exhibit A
EXECUTED this 00)� day of fi sue// , uwo
CITY OF DENTON, TEXAS
By
Micha 1 W J
City Manage
STATE OF TEXAS
COUNTY OF DENTON §
This instrument is acknowledged before me, on this -/,� day of
p� by MICHAEL W JEZ, City Manager of the City of Denton, Tes,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 1
N
ANN FORSYTHENotary Pubilo, State of Texas My Commieelon Expires MAY 9, 2002
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