HomeMy WebLinkAbout2006-344 C:!DOCUME—]NcadieMLOCALS—INTemp%Chap 26Ordinmee Upper Unity Regional Water Disvicc waterline Easmmr W 726.612-12-ati doe
ORDINANCE NO. 2 DO
AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF
THE DENTON BRANCH RAIUTRAIL ADJACENT TO THE SOUTH SIDE OF SHADY
SHORES ROAD AT MILE POST 726.9 FOR THE PURPOSE OF A PUBLIC UTILITY
EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND
WILDLIFE CODE; PROVIDING FOR A PUBLIC UTILITY 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 provide for a required public utility easement
of approximately 118 linear feet across the trail for proper water utility services; and
WHEREAS, The Upper Trinity Regional Water District desires to construct a water
pipeline 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 November 20,
November 27 and December 4, 2006 of a Public Hearing to be held on December 12, 2006 in the .
Council Chambers to consider the alternatives to the use of City Park for the subject public
utility easement; and
WHEREAS, the City Council on December 12, 2006, 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 utility easement; 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 water line 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 Utility Easement and water pipeline proposed by the Upper
Trinity Region Water District (the "Project") shall be constructed and maintained below 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 water line pipe
C:%DDCUME-il.adkk'LOCALS-I%TcmplChap 26 Drdi uuee Uppa[Tdtihy Regional Walcr Diwice wAMioc U-9 MP 726.6 12-12A6.da
shall 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 Public Utility easement which is revocable as required by law (National
Trails System Act, 16 U.S.C. 1247(d)) shall be signed 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 protects 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.
�0 y �P���Qh PASSED AND APPROVED this the�_da of� � , 2006.
PERRY . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY,
By.
APPROVED AS TO LEGAL FORM:
ED W IN M. S�ER, CIT, ATTORNEY
1�
By:
Pagc 2 of 2
EXI1113IT"A„
UPPER TRINITY REGIONAL WATER DISTRll1"1'
SHADY SHORES PIPELINE REPLACEMENT PROJECT
PARCEL 6A
OWNER: CITY OF DENTON-RAILS TO TRAILS"
PERMANENT WATER LINE EASEMENT
M.E.P. 'fir P.R.R.SURVEY,ABS.No.911
DENTON COUNTY,TEXAS
Being a 20'wide pennanenr water line easen►ent oul of the M.F.#&P.R.R.Sun'cy,
Abstract No,91 1,and ottt of a 1.76 acre tract of land conveyed to the City of Denton
"Rails to Trails-by warranty doed as recorded in Denton C:tutnly Clerk's Instrument No.
(D.C.C.I.No.)93-(H)53955 orthc.Deed Records of Denton County,Texas(D.R.D.C.T.),
said permanent water line casculent heing herein more particularly described by metes
and bounds as follows:
CONINI ENCINGat a 518"iron roil fOnnii at northeast propeny comer ofthc said City of
Denton-Rails to Trrilr'tract,said commencing point being on the west property liar of
a:3.780 acre lraet of[arid conveyed to Jeanette W.Dutton,by warranty deed as recorded
in Volume 1642.Page 959 of the D.R.D.C.1'.,said commencing point being on the south
right-of--way fine of Shady Shores Roam,h6tw a variable width public right-ol-way.said
commencing point also being at the hcginning of a non-langent curve to the right having,
a radiusol'3W.01 Icel;
IVENCE in a Southeasterly direction,along;the cast property fine ofthe said City of
Denton"Rails to"Trails tract,along the said west property line ofthe Duttolh
tract and along the said curve through art arc len-th of 5.98 iect and across a
chord[raving a direction ol'South 29'11'24"East and a chord length of S 98
lest to the POINT OF BEGINNING,said point being at the beginning oft.
curve to the right having a radius ofMA0.01 feet;
11##?itiC_1.in a Southc:astcrly direction continuing along the said property lines and along
the said curve through an arc length of MAR feet and across a chord having at
direction of South 29"03'57"bast and it chonh length of 10.68 frt:t to at point;
'I'll ENC:E Sumth 281 59'39"tiasl.continuing along the said property lines•a distance of
12.95 Iect to a point;
`['HENCE North Sri'49'51"Wcs a distance of 117.70 feet to a point on the west
propeny line of said City of Denton"Rails to Trails tract.said point being on
the cast light-of-way line Of(71d I lighw•ay 77,said point also being at the
beginning of a non-tangent curve to the left having a radius ol':3740.01 fret;
THENCE in a,lorthwesterly direction along the said property line,the said right-of-way
line amd along the said curve through an are length of 23.55 feel and across it
chord having a direction of North 28°42'51"West and a chord length of
23.55 feet to a point;
TI I ENCE South 86°4(Y 51"East a distance of 117.55 feet to the PAINT OF
BEGINNING containing 0.054 acres of land more or less.
(Exhibit'A")Page 1 of 3
E r,
-:sue
NOTE: The basis of Ixoalings fur this survey is 1he Texas State Plane NA.1183.North
Central Lonc. The base stations used Car control on this survey are:
PID Designation
DH7149 TXSG SAGINAW CORS ARP
DF8986 'TXDE DEMON COBS ARP
I)F8982 TXCO COLLIN CORS ARP
Combined grid to surface scale factor: 1.00014938CI<)
All distances shown are surface.
*SURVF)'ORS CERTIFICATE'
TO ALL PARTIES INTERESTED IN TTTLF"TO THE PREMISES SURVEYED.1 DO
IIERFBY CERTIFY TUAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED
FROM PUBLIC RECORDS AND FRONT AN ACTUAL AND ACCURATE SUkVEY
UPON THE GROUND AND THAT SAME is TRUE AND CORRECT.
Company Name:Slxioner and Assuciates.'Inc.
\.
Surveyors Name:Eric Shaun Spooner �) �'1;s .� �f
Registered Professional Land Surveyor.
Texas No.5922 `•►�' Su—
Date ol-Survey:9-18-M,
(Exhibit"A")Page 2 of:1
.--------_...____
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C.00=wm aW SaWrwp dW L-W SethWU mpavy KWM Fi1sQU"Uppa Tmrty eaemencc6c
PUBLIC UTILITY 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$10.00 and other good and valuable consideration to the undersigned in hand paid by
the Upper Trinity Regional Water Distict, a political subdivision of the State of Texas (Grantee),
the receipt of which is hereby acknowledged and confessed, has granted and sold and does
hereby grant and sell unto said Grantee, its successors and assigns, an easement for subsurface
public utilities, under, across, and upon that certain real property described in Exhibit A attached
hereto and made a part hereof by reference (the "Easement Area"), subject to the reversionary
rights and privileges of Missouri Pacific Railroad Company (Railroad), its successors and
assigns, and Grantor 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 and its assigns perpetual and superior.right to
maintain a trail system and/or a commuter rail system and expand the type and number of public
utilities within Grantor's jurisdiction to maintain and operate within the Easement Area.
The Grantee is acquiring this easement for the purpose of constructing, using and maintaining a
public utility subsurface water line and in accordance with the such plans and specifications that
are approved in advance in writing by Grantor (the "Approved Plans"). The Approved Plans
shall best serve the public while at the same time protect the integrity of the existing railroad
roadbed and accommodate the construction and maintenance 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 as well as the construction and maintenance of a commuter rail system.
Grantee, by taking possession of this easement (e.g., grading or preparing the railroad roadbed
for a water pipeline)agrees to comply with the following terms:
1. Repair, modify or reconstruct the pipeline improvements (and customary uses
attendant thereto) authorized above at Grantee's expense (a) if same is required
for Grantor 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, , and (c) as may be necessary to provide for
commuter rail service.
2. Repair and restore any improvements in the Easement Area, lawfully placed
therein by Grantor, its agents, assigns, employees or independent contractors or
by others pursuant to an easement, agreement or license granted by Grantor or its
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 utility wastewater
easement. 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, assigns 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 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.
C:\Doa ft and SeWw1d d4Aol SdWw� T—p-ry IntaKt Fd-10LKMUPW 7muty— LLd.
This casement will terminate if the Easement Area is used other than in compliance with the
specified use provided for in the Approved Plans. Any modification of the Rail/Trail crossing
must be approved through the Chapter 26 process set forth in the Texas Parks & Wildlife Code.
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.
EXECUTED this 26--�6Z day of 2aQ7
GRANTOR: CITY OF DENTON
By G
George C. Campbell
City Manager
ATTEST:
3ENNIFER WALTERS, CITY SECRETARY
By: o
APPROVED AS T EGAL FORM:
EDWIN M. S , C1T TTORNEY
By:: Z
STATE OF TEXAS §
COUNTY OF DENTON § ,C
This instrument is acknowledged before me, on this day of 1 VA&c-*'-z ,
by 660A6 ity Manager of the City of Denton, Texas, a
municipal corporation, on behalf of said municipal corporation.
LINDA HOLLEY
Notary Public,State of Texas
?„E My Commission Expires
December 08,2009
""""° 4o<tPublic, State of Texas
ACCEPTED this day of A°to.
100
7
GRANTEE: /
UPPER TRINITY REGIONAL WATER DISTRICT
By: .
Name: Thomas E. Ta for
Its: Executive Director
STATE OF TEXAS §
COUNTY OF DENTON § THOMAS E TAYLOR
This instrument was acknowledged before me by EXECUTIVE DIRECTOR , of the
Upper Trinity Regional Water District on this the Q o — day of fib. , eM6, and in
the capacity therein stated on behalf of said entity. 7
J'
it
[Person (4j,.,....., ''%,, �1
nn'',
0,0 tAll
Notary Pu lic, State df Texas
i q�OF10
i �'•.0P'1 RrC.5.-. N
AFTER RECORDI , RETURN TO:
Upper Trinity Regional Water District
P.O. Drawer 305
Lewisville, Texas 75067
Page 4 of 4-UTILITY EASEMENT
(MYDOC:EASEMENTI N FO%UTI LEASEM ENTDOC%UTRW D.BS)
EXIIIBIT"A"
UPPER TRINITY REGIONAL WATER DISTRICT
SHADY SHORES PIPELINE REPLACEMENT PROJECT
PARCEL 6A
OWNER: CITY OF DENTON"RAILS TO TRAILS"
PERMANENT WATER LINE EASEMENT
NI.E.P.& P.R.R.SURVEY,ABS.No.911
DENTON COUNTY,TEXAS
Citing a 2o' wish:permcmew water line casement out of the M.E.P&P.R.R.Survcv,
Ahstracl No.QI 1.and out of a 1.76 acre tract of land cunvc)cd to live City of Detnun
"Rails io!'rails"bywarranty deed as recorded in Denson C:otanly Clerk'%Inslrument No.
tD.C.C.1.4o.)nt-ot15sm or the Deed Retorts of Denton County,Texas ID.R.D.C.T.1.
said pcnttaittcni walcr line cuseltern being herein nwre particularly described by metes
and bounds as follows:
COMMENCING at a 518"irun nod&wnd ut northeast property comer of tl+c said City of
Donlon^knils to'd'rrilc"tract,said commctuing point being on ripe west property line of
a 3.780 acre(rtct of I:ud conveyed to JednellC W.Dutton,by warranty deed as mcorded
in Volume 1642.Page 939 ol'the D.R.D.C.'r..grit cnmmencing point being on the south
right-of--way tine or Shady Slwres Raul,hcing it va,riahle width public riglt-of-way,said
commencing point also tWing at the beginning of a non-tanscnt curve to the ritpl+t huvini:
a radius of 39U.01 Icct;
THENCE in a Southeasterly dircc:tion,shiny;the emi property lint of the said City of
Denton"Itnilal 10'1'r4ihs tract,along the said west property line of the DuttUn
tract and along the saidcurve through an arc lcugth of 5.98 fecti aril aortas a
chord laving a direction of South 29'11'24'East ana+J a churl length of 5.98
I�ct to the P0114T OF 13EGI NNI NG.said point bciiM at the heginning of u
curve to tlu:right having a ruliuu ur3840.01 feet;
T11F NCF.in a a audicastcrly direction continuing along the said property lines and along,
the said curve through an are length of I0.69 feet and across u choal having a
direction of South 29*03'57"East and u chord Iculp of io.(41 fret to a point;
T11FNCE.South 211"59'39"Last,continuing along the said property fines,a distance of
12.95 kcl to a point;
THENCE North 86'4T S I"West a disnur+ce of 117.70 fed to a point on the west
fnvperty lint of said City of lknton`'Rails to'I'roils tract-said Point bring at
tha vast right-ol=way line ol'431d I lighw•ay 77.said point ulso being at lbe
heginninguf u non-Tangent curve to the loll having aralius of 3740.01 feet:
THENCE in a,torlhwestcrdy directiuu along the said property line,the s:i;d right-of-way
lint wnd:+luny the said curve lltrough an are length of 23.55 fcct uad across u
clanrd having a direction ul'North 28°42'51"West cad a chord length of
23.35 feet to a rximr:
TI1 EYCF.South x6t.4(y St"Fat a distance or 1 17.55 rcet to die PO1M'O
BEC1N;r1*G containing 0.054 acres ar hand more or less.
(Exhibit`A")page I on
s
V(rl i.: The basis of twiritigs for this survey is the Texas State Plane NA D33.Noah
Ccnlml"lone. The base st:slioeiii usctl for control oil 1162 siwey are:
PID Designation
DH7149 TXSG SAGINAW CORS ARP
DF891t6 TXDE DENTON CORS ARP
1)"983 TXCO COLLIN CORS ARP
CumbinW grid to surface state factor: 1.000 1493 8 01)
All distances shown are surface.
*SURVEYORS CERTIFICATE'
TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED,t DO
IIERFBY CERTIFY I'l1AT THE ABOVE LEGAL DESCRIPTION WAS PREPARED
FROM PUBLIC RECORDS AND FROM AN ACTUAL.AND ACCURATE SURVEY
UPON THE GROUND AND THAT SAM F.IS TRUE AND CORRECT.
Currtlwny Name:Stxionrrand AumiateclInc.
iA lil ~r.
:f twif, :3:�:pi 5rf:'1xiZl
Surveyors Narim Eric Shaun Spooner
Rcginured Professional Land Surveyor. 1r,���i.,..,o `�•;/
Tcxa3No.5922
Date o f S un•cy:9.1 s-wx
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