HomeMy WebLinkAbout1999-465P W.uW V,V Wur dacvmmlrWNWmen\9T4rmW Nblw Sbeel EMmWlA
ORDINANCE NO 99- �� 5�
AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE
DENTON BRANCH RAIL/TRAIL APPROXIMATELY 2000 FEET SOUTH OF WALTON
ROAD FOR THE PURPOSE OF A PUBLIC STREET IN ACCORDANCE WITH CHAPTER
26 OF THE TEXAS PARKS AND WILDLIFE CODE, PROVIDING FOR THE ISSUANCE
OF AN 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 a 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 Corinth desires to improve public transportation to the City of
Corinth by installing 100 linear feet of fill across and over a culvert/tunnel 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, on November 10, 1999, the Parks and Recreation Board held a meeting and
received testimony from City staff and citizens regarding the alternative for installing the public
street project on the Denton Branch Rail/Trail and recommends to the City Council that there is
no feasible and prudent alternative to the use of the Park land, and
WHEREAS, the City provided notice in the Denton Record Chronicle on November 7,
November 14, and November 21 of a Public Hearing to be held on December 7, 1999 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 December 7, 1999, received testimony from City staff
and citizens regarding alternatives to the use of the Denton Branch Rail/Trail for this public
street, which includes, but is not limited to, the following
a Select another route through the City that would pass across the Rail/Trail at an
existing public street crossing the trail This would not provide the thoroughfare
routing desired to access a new park and subdivision and could disrupt existing City
streets
b Terminate the public street location
c Construct a bridge over the Rail/Trail at a railroad -specified height of 22 5 feet Tlus
is not feasible at this time due to the elevation of the Interstate 35E
bridge/interchange
d, Construct an at -grade crossing with proper safety equipment and traffic controls
This is not feasible due to the elevation of the Interstate 35E interchange on the west
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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 thei Park land and that the public street project when constructed in accordance with the
provisions of the easement 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 public street improvements are completed, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the public street proposed by the City of Corinth, 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 public street
project
SECTION 2 That an easement which is revocable as required by law (National Trails
System Act, 16 U S C 1247(d)) be composed by the City Manager or lus 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, 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 That during construction of the improvements above, City of Corinth 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
CTION 4 Should the City of Corinth desire the tunnel alignment in Exhibit A be
modified; a new application under Chapter 26 must be processed
$ACTION 5 Should the City of Denton reactivate rail service in the Rails -to Trails
nght-of-way, the City of Corinth agrees to install a signalized crossing at its expense
SECTION 6 That the rights and benefits set forth in this ordinance may not be assigned
without the express written consent of the City
SACTION 7 That the easement above grantee shall, to the extent allowed by law,
constitute a covenant running with the land and be filed in the Deed Records of Denton County,
Texas
Page 2 of 3
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SECTION 8 That this ordinance shall become effective immediately upon its passage
and approval PASSED AND APPROVED this the 0 day of
1999
JAC MI , ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
r1rN Sl .Mi. i_�u /,.
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
� '0
Page 3 of 3
H IW"l..h, I1BLC 9I 99®Affill
PUBLIC STREET EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENT
COUNTY OF DENTON §
That the City of Denton, Texas, a municipal corporation (Grantor), for and in consideration of
the sum of [$ 0.26 per square foot for the property described in Exhibit "A"] Five Thousand
Two Hundred Fifty Four ($5.254 OQ) DOLLARS to the undersigned in hand paid by the City of
Corinth, a municipal corporation (Grantee), the receipt of which is hereby acknowledged and
confessed, has granted, sold and conveyed and does hereby grant, sell and convey unto said
Grantee, its successors and assigns, subject to the reversionary tights and privileges of Missouri
Pacific Railroad Company (Railroad) and Grantor set forth in the Line Sale Contract between
Railroad and Grantor of July 2, 1993, adopted pursuant to City of Denton Ordnance 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 superior
right to maintain a trail system and expand the type and number of public utilities within
grantor's jurisdiction to maintain and operate within the property described in Exhibit "A", an
easement for the passage of vehicular and pedestrian traffic, together with the customary uses
attendant thereto, over, under, through, across and along all that certain lot, tract, parcel of land
described in Exhibit "A", attached hereto and made apart hereof by reference for all purposes
The Grantee is acquiring this easement 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 mtegnty 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
Grantee, by taking possession of this easement (e g , grading or preparing the railroad roadbed
for street construction) agrees to comply with the following terms
Repair, modify or reconstruct the street improvements (and customary uses
attendant thereto) authorized above at Grantee's expense if same is required for
Grantor (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 Grantor's
utilities in the easement area
Repair and restore any unprovements in the easement area, lawfully placed
therein by Grantor, its agents, employees or independent contractors or by others
pursuant to an easement, agreement or license granted by Grantor or its
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predecessor, the Railroad, damaged by the negligence of Grantee or its agents,
employees, or independent contractors working in the easement area with
Grantee's approval, in constructing and maintaining a public street To the extent
permitted by law, Grantee agrees to indemnify and hold harmless Grantor, its
officers, employees, agents (which may include the Texas Department of
Transportation) and independent contractors from all claims or liabilities due to
activities of Grantee, its officers, employees, agents, and independent contractors
Additionally, to the extent permitted by law, the Grantee shall hold harmless the
Grantor, its officers, employees, agents (TxDOT) and independent contractors
from any and all expenses, including attorney fees and court costs which may be
incurred by the Grantor and the entities above in privity with Grantor (e g ,
TxDOT) in litigation or otherwise resisting said claim or liabilities which might
be imposed or the Grantor or those in privity with Grantor as a result of such
activities by the Grantee, its officers, employees, agents or independent
contractors
This easement will terminate if the easement area is used other than in compliance with the
Dalhoma Trail Tunnel design as reflected in Exhibit A Any modification of the Rail/Trail
crossing resulting in an at -grade crossing for pedestrians must be approved through the Chapter
26 process set forth in the Texas Parks & Wildlife Code Should the City of Denton reactivate
rail service across this easement, the City of Corinth agrees to install a signalized crossing at its
expense
TO HAVE AND TO HOLD the above described easement, together with all and singular the
rights and appurtenances thereto in any wise belonging unto the said Grantee, its successors, and
assigns forever, and Grantor is hereby bound, together with all heirs, executors, administrators or
successors, to warrant and forever defend all and singular the said easement unto the Grantee, its
successors and assigns, against every person whomsoever lawfully claiming, or to claim the
same or any part thereof, subject only to the rights and limitations contained in the Line Sale
Contract and other documents incorporated into adoption of City of Denton Ordinance No 93-
117
EXECUTED this � day of NW
CITY OF DENTON, TEXAS (Grantor)
CITY MANAGER
Page 2 of 4
P bbUeW,p LWv DttvmmWCoo�BUC SiBE2I MSWA'MfE
APPROVED thus &'e day of A5W,64/.sl/Zc, , by the City Council of
the City of Corinth, Texas
ATTEST
City Secretary, City of Corinth, Texas
STATE OF TEXAS
COUNTY OF DENTON
Thus instrument is acknowledged before me, on this '7441 day of V42 bnj 6
aeon ' p2I rbPra Mayor of the City of Corinth, Texas, a municipal
corporation, lmown to me to be theperson rson whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the said City of Corinth, Texas, a
municipal corporation, that he/she was duly authorized to perform the same by the City Council
of the City of Corinth and that he/she executed the same as the act of the said City for the
purposes and consideration therein expressed, and in the capacity therein stated
�°��B�""'e KIMBERLY HOI,1gR
°^�a Pu�f�eofTexee
h0"�' OCTOBER 7 2009
Page 3 of 4
PMbueTdq L`Aw DowmmWCov�UCSTRUTMSS TO
STATE OF TEXAS
COUNTY OF DENTON §
This instrument is acknowledged before me, on this —e— day of
lgg9 , 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
?. °°a ANN FORSYTHE
�, Notary Publlo, 8tete of T®xae Notary Public, Sta a of Te
MyCammNelon Expine
F'o,..�'J MAY B, 200g
Page 4 of 4
LEGAL DESCRIPTION
BEING a tract of land situated in the J M Walton Survey, Abstract No 1389, City of Corinth,
Denton County, Texas, and being a portion of that tract being now or formerly owned by the
Missouri, Kansas, and Texas Railroad, said tract being more particularly described by metes and
bounds as follows
COMMENCING at the southeast comer of that tract of land as described by deed to Pirmell-
Ford, L C , as recorded in Denton County Clerk's File No 97-R0084160 of the Real Property
Records of Denton County, Texas, said point also being in the easterly right-of-way line of
Interstate Highway 35-E (variable in width) and the beginning of a curve to the left,
THENCE 288 04 feet along the arc of said curve to the left, and with said easterly nght-of-way
line, through a central angle of 08"25'14", having a radius of 1959 86 feet, the long chord of
which bears S 41 °56'07"E, 287 78 feet, the beginning of a curve to the right and the POINT OF
BEGINNING,
THENCE 104 47 feet along the arc of said curve to the right, through a central angle of
02' 18'40", having a radius of 2590 00 feet, the long chord of which bears N 55 °25' 14"E, 104 46
feet to the west line of that tract of land as described by deed to Pinnell-Ford, L C , as recorded in
Denton County Clerk's File No 97-R0046701 and the beginning of a curve to the left,
THENCE 199 03 feet along the are of said curve to the left and with said west line, through a
central angle of 06007'53", having a radius of 1859 86 feet, the long chord of which bears
S 49°59'40"E, 198 93 feet to the beginning of a curve to the left,
THENCE 108 63 feet along the arc of said curve to the left, through a central angle of 02°35'36",
having a radius of 2400 00 feet, the long chord of which bears S 56 °38'02"W, 108 62 feet to the
easterly right-of-way line of Interstate Highway 35-E (variable in width) and the beginning of a
curve to the right,
THENCE 195 73 feet along the arc of said curve to the right, and with said easterly nght-of-way
line, through a central angle of 05"43'19", having a radius of 1959 86 feet, the long chord of
which bears N 49°00'24"W, 195 65 feet to the POINT OF BEGINNING and containing 20,206
square feet or 0 464 acres of land more or less
C&B Job No 981820014
S#DC October 4, 1999
J \JOB\98182001\SUR\WP\LEG\981820EX LGL Page 1 of 1
PINNELL FORD L.0
CNTYV1 NO.,97UROO84 6E0 REAL RK(PROPERTY
f� RECORDS, DENTON COUNTY TEXAS
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