2005-111O ANCE NO. d
AN ORDINANCE GRANTING APPROVAL OF A PUBLIC STREET EASEMENT FOR THE
SURFACE USE OF AN APPROXIMATE 1/2 ACRE PORTION OF THE DENTON BRANCH
RAIL TRAIL FOR THE PURPOSE OF A PUBLIC STREET AT WOODROW LANE IN
ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE;
PROVIDING FOR THE ISSUANCE OF A PUBLIC STREET 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 expanding a roadway 23 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 March 14, 21,
and 28, 2005 of a Public Hearing to be held on April 5, 2005 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 April 5, 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
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
minim/ze 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 Woodrow Lane proposed by the City of
Denton (the "Project") shall be constructed and maintained above the surface of the park
property containing approximately ½ acre at the location set forth in Exhibit A, which is attached
hereto and made a part hereof for all purposes. The City Attorney is hereby authorized to
substitute this description for an actual survey description once a survey is received. 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 Project.
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 ._~.$~L day of t~.Z'~/L4~_~
!
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 2 of 2
0.4715
ACRE~
N 61'45'32' W
34.70' PI-J ]~ ---//~
R=~3~.O0'
L=~6.3~' ~ ~
CH=NO~'37'37~ ~
~G.31'
0 30' 60'
~ I
1"=30'
WOODROW LANE
RAILS TO TRAII,S
PUBLIC STREET EASEMENT
(EXHIBIT A)
Page 1
30,77'
0 50' 100'
1"--50'
Page 2
PUBLIC STREET EASEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENT:
That the City of Denton, Texas, a municipal corporation (Grantor), for and in consideration of
the sum of [$ per square foot for the property described in Exhibit "A"]
($__) DOLLARS to the undersigned in hand paid by
the City of Denton, 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 rights and
privileges of Missouri Pacific Raikoad 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
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 fight 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 an appropriate grade and in accordance with such plans and 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.
95-2278.
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 improvements 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
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 fi.om 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 liabihties 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.
TO HAVE AND TO HOLD the above described easement, together with all and singular
the rights and appurtenances thereto n 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
CITY OF DENTON, TEXAS (Grantor)
CITY MANAGER
By:
APPROVED this
the City of Denton, Texas.
day of
, by the City Council of
EULINE BROCK
MAYOR, CITY OF DENTON
ATTEST:
City Secretary, City of Denton, Texas
STATE OF TEXAS
COUNTY OF DENTON §
This instrument is acknowledged before me, on this day of .,
., by , Mayor 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/she was duly authorized to perform the same by the City Council of the City
of Denton 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.
Notary Pubic, State of Texas
STATE OF TEXAS
COUNTY OF DENTON §
This instrument is acknowledged before me, on this day of _,
, by MICHAEL A. CONDUFF, 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.
Notary Pubic, State of Texas
C:/DOCUMB~l~cadiek\LOCALS-I\Temp\We~arow L~ne-Rail Trail PUBLIC STII£BT ~smam'4.s.0s.ao,Page 3 of 4