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2005-334 ORDINANCE NO. .2 OtJ5 -,33'-/ AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE SUBSURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL AT MILEPOST 724.8 FOR THE PURPOSE OF A NATURAL GAS PIPELINE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF LICENSE; 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 the harm to the park resulting from such use; and WHEREAS, the City of Denton desires to cooperate with the NGG Gathering Company, L.L.c. in the development of a Natural Gas Pipeline by providing a license for the construction of a Natural Gas Pipeline 70.70' linear feet across the Denton Branch Rail Trail at milepost 724.8; and WHEREAS, developer NGG Gathering Company, L.L.C. desires to construct the Natural Gas 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 October 10, 17 and 24, 2005 of a Public Hearing to be held on November 1,2005 in the Council Chambers to consider the alternatives to the use of City Park and Recreational land for the subject natural gas pipeline project; and WHEREAS, the City Council on November I, 2005 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 Trail resulting from the License; and 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 the Park land and that the natural gas line project when constructed in accordance with the provisions of the license as described below will minimize the harm to the park land resulting from the proposed subsurface use of such park land effected shall remain useable for the park patrons once the construction of the private driveway improvements are completed; NOW, THEREFORE, S;\Our Documcnts\Ordinanccs\05\Ordimmce.DcntonBranchRa;ITrailGasLinccTossingMP724.HLicensingAgreemcnt Il-l-05.doc THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The natural gas line proposed by the NGG Gathering Company, L.L.C. 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 natural gas line 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 gas line project. SECTION 2. A license which is revocable as required by law shall be composed by the City Manager or his designee and approved by the City Attorney allowing the subsurface 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. Construction plans shall be submitted to the City for approval prior to any work. SECTION 3. During construction of the improvements above, NGG Gathering Company, L.L.c. 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. 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 License 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. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. sf: ~7n_'n '-. j, /J, ) PASSED AND APPROVED this the / - day of . tTtf(J/WVU 2005. . C~~~ EULINE BROCK, MAYOR S:\Our Documents\OrdinancesI05\Ordinancc,DemonBmnchRailTraiIGasLinecrossingMP724,8LiccnsingAgreemenlll-l-05.docPage 2 of 3 ATTEST: JENNIFER WALTERS, CITY SECRETARY "y~,,\-l1 HUA/ APPROVED AS TO LEGAL FORM: EDWIN M. SYNDER, CITY ATTORNEY By: S:\Our Documenls\.Qrdinances\05\Ordin:mce,DcntonRranchRailTraiIGasLinecrossingMP724,8LicensingAgreementl 1-1-05 docPage 3 of 3 \ . \t:- - . ~. .~'"" ---" ~" :..; '" ,\SS( J(, .... % Coleman & Assoc. Land .surveying P.O. Box liH(i DentoIl, Tl~xas 7li202 11110l1t' (!HO).';();'j~H~I.'j Fax (!H()):)(j:)~9HO() - - <' "'I ,Vi) - ,.v." ~ S\f'::" \ Exhibit "A" 20 toot Gas License Arca Rails to Trails Hike and Bike Path FILED NOTES to all that certain tract of land situated in the D. Hough Survey Abstract Number 646, City of Denton, Denton County Texas and being a part of the Rails to Trails Hike & Bike Trail deseribed in the deed trom Missouri Pacitic Railroad Company to the City of Denton recorded in Under Clerk's File Number 93-R0058458 of the Real Property Records of Denton County, Texas; the subject tract bcing more particularly deseribed as tallows: BEGINNING for the Northeast eorner of the tract being dcscribed herein on the North line of the City of Denton tract at the Southeast corner of the said tract of land described in the deed from Don V. Cunningham et ux to Qoe Britton et ux recorded in Volume 4731, Page 1616 of the said Real Property Records and the Southwest comcr of the called 19.969 acre tract described in the deed from the F.D.I.e. to Robert P. Donnley recorded in Volume 3384, Page 905 of the said Real Property Records; THENCE South 00 Degrees 27 Minutes 56 Seconds West across the City of Denton Tract a distance of70.70 feet to the South line thereof and the North line of the called 243.185 acrc Tract I described in the deed from the F.D.Le. to Epic Development recorded in Volume 3245, Page 699 of the said Real Property Records; THENCE Northwesterly with a curve to the left having a radius of 1880.08 feet an arc distance of23.98 feet (Chord Bearing North 56 Degrees 03 Minutes 58 Seconds West a distancc of23.98 feet); THENCE North 00 Degrees 27 Minutes 56 Seconds East across the City of Denton tract a distance of 70.65 feet to the North line thcreof and the South line of the Britton tract; THENCE South 56 Degrees 43 Minutes 28 Seconds East with the South line of the Britton tract and the North line of the City of Denton tract a distance of23.80 feet to the PLACE OF BEGINNING and enclosing 0.036 acres ofland. Revised 10-13-05 cf QUAILCREEK ROAD _, III~ III I r ,\~~ I I l~ R 'I t i \-I S:: I u 0 \J G~ ~--U..-L D '" ---,... I ; I I I I I : i I I I I : I I I I I I I S' I I $6'. I <~?~6''' "0' (' ~l,r "'0 , 40; 8/~~ '0 ~~ov"'~~~ '06" ~~ ~ ,,~ -tt c:.<: Co?). ~o C04<~c~'>o l) k ~~~:: Q. I ~ DON V. CUNNIN~1oI ot ux ro QUE BRITTO .t ux VOL 4731, '1'. 1616 / . - ':..t "l~ ~~ <D'; .....: · r- <D:! LO. . N .....0 ~~ o~ o z HI II ~ II I I I I I I I I I I I I I I I I I I I I I I I I I I ..... At 6 t>,- 6 CAI.J.1:D 19.969 ACRES FEDERAl. DEPOSIT INSURANCE CORP. rD ROBERT P. OONNlEY VOL 3384, P. 90& . <D. LOLO . '" ...... ~o 0..... o . <D. LOO . ..... ..... . ~o 0..... o o = 00'43'50. CH = N 56'03'58" W 23.98' R = 1880.08' L = 23.98' "- TRACT 1 CAI.J.1:D 243.1 B3 "'CRE~ "- r.D.I.C. ro EPIC DEVELOPIoIEHT VOL 3243, P. 699 * BEARINGS & DlsrANCES BASED ON: * rEXAS COORDINATE SYSTEM OF 1983. NORTH CENTRAL ZONE (4202) BASED ON GPS TIES TO GEODETIC CONTROL CONVERGENCE = 00"44'508 COMBINED SCALE FACTOR.. 0.99984667 TO GET SURFACE DISTANCES MULTIPLY BY, 1.00015335 EXHIBIT "8" UCENSE AREA IN THE D. HOUGH CITY OF DENTON DENTON COUNTY, DRAWN: cr CHECKED: WMC REVISED: NI A SURVEY A-646 TEXAS 1151 6-2-05 1- - 50' JOB I: DATE: SCALE: "- "- "- " Coleman & Associates Land Surveying P. O. BOX 686 DENTON, TEXAS 76202 PH(940)565-82t5,rAX (940)5B5-9800, WWW.COLEIIANSURVEYlNG.COIl @ 2005 COLEIIAN a: ASSOC. SURVEYING ~5 010 N I I 50