2005-227yS:'-0ur W rrn m Ortl-m B5%CHAP36-rail Vail-Pml 724 .8-fina1.HOC
ORDINANCE NO.2A26'22 7
AN ORDINANCE AUTHORIZING SUBSURFACE USE OF AN APPROXIMATE 0.081
ACRE PORTION OF THE DENTON BRANCH RAIL TRAIL NEAR MILE POST 724.8 FOR
THE PURPOSE OF A WASTEWATER AND STORMWATER SEWER, CONSISTENT
WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; 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 no 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, Providence Place Apartments has requested approval of subsurface
wastewater sewer and drainage facilities within approximately 0.081 acre of land across the
Denton Branch Trail near mile post 724.8 for proper wastewater and storm water utility services;
and
WHEREAS, the City provided notice in the Denton Record Chronicle on July 4, 11, and
July 18, 2005 of a Public Hearing to be held on July 26, 2005 in the Council Chambers to
consider the alternatives to the use of City Park for the subject wastewater sewer and drainage
easement; and
WHEREAS, the City Council on July 26, 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 utility and drainage subsurface use; 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 wastewater sewer and drainage use 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 findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The proposed subsurface wastewater and storm water use is approved
within the park property described in Exhibit A, which is attached hereto and made a part hereof
for all purposes (the "Approved Area"). This ordinance is not a grant of easement. The
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Approved Area may not be used until an easement approved and signed by the City Manager, or
his designee, and is approved as to form by the City Attorney. Any such easement, if granted,
shall include without limitation that the surface of the park after installation of the wastewater
sewer and storm water pipes shall be constructed in a manner so that the park land may still be
used by its patrons after completion of the use in the same manner it was used prior to the use;
shall be revocable as required by law (National Trails System Act, 16 U.S.C. 1247(d)); shall
proviide that the improvements be constructed in accordance with City Subdivision Rules and
Regulations, and the American Railway Engineering and Maintenance of Way Standards; shall
require Providence Place Apartments, and their agents, to take reasonable measures to protect
patrons of the park from injury and damage during construction of the Project; shall compensate
the public for the reasonable market value of the use herein granted and generally protect the
health, safety and general welfare of the City; and shall, during construction, make provisions for
the hike and bike trail to remain open to the public. The easement, if granted, may contain such
other provisions as the City Manager or the City Attorney may deem appropriate to protect the
City's interests.
SECTION 3. During construction of the facilities, 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 findings contained in the preamble of this ordinance are incorporated
into the body of this ordinance.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /IO4day of 12005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYPE.'V,,7-bTY ATTOR
By:
Page 2 of 2
CITY OFDENTON Exhibit A
STORM SEWER EASEMENT -
STATE OF TEXAS
COUNTY OF DENTON
DAVID HOUGH SURVEY
ABSTRACT NO. 646
ALL THAT CERTAIN TRACT OR PARCEL OF LAND BEING SITUATED IN THE DAVID
HOUGH SURVEY, ABSTRACT NO. 646, DENTON COUNTY, TEXAS, AND BEING A
PORTION OF THAT FORMER 60 FOOT WIDE DALLAS & WICHITA RAILROAD RIGHT-
OF-WAY, ACCORDING TO THE DEED FILED OF RECORD IN VOLUME E, PAGE 435,
DEED RECORDS DENTON COUNTY TEXAS, WHICH WAS QUITCLAIMED TO THE
CITY OF DENTON ACCORDING TO THE DEED FILED OF RECORD IN DENTON
COUNTY CLERK'S FILE NO.93-0058485, DEED RECORDS DENT-ON COUNTY TEXAS,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THAT TRACT OF LAND CONVEYED
TO QUE AND BRENDA BRITTAIN ACCORDING TO THE DEED FILE OF RECORD IN
VOLUME 4734, PAGE 1616, DEED RECORDS DENTON COUNTY TEXAS, THE
SOUTHWEST CORNER OF THAT TRACT OF LAND CONVEYED TO ROBERT P.
DONNELLY ACCORDING TO THE DEED FILE OF RECORD IN VOLUME 3384, PAGE
905, DEED RECORDS DENTON COUNTY TEXAS, AND THE NORTH LINE OF SAID
CITY OF DENTON TRACT;
THENCE SOUTH 00°31'16" WEST, DEPARTING SAID NORTH LINE, A DISTANCE OF
71.35 FEET, TO A POINT IN THE SOUTH LINE OF SAID CITY OF DENTON TRACT TO A
POINT FOR CORNER;
THENCE NORTH 56°4242" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 38.62
FEET TO A POINT FOR CORNER;
THENCE NORTH 56042'39" WEST, CONTINUING ALONG SAID SOUTH LINE, A
DISTANCE OF 20.84 FEET TO A POINT FOR CORNER;
THENCE NORTH 00°31'16" EAST, DEPARTING SAID SOUTH LINE, A DISTANCE OF
69.61 FEET TO A POINT IN THE NORTH LINE OF SAID CITY OF DENTON TRACT, AND
THE SOUTH LINE OF SAID BRITTAIN TRACT;
THENCE SOUTH 6000700" EAST, ALONG THE COMMON LINE OF SAID BRITTAIN
AND CITY OF DENTON TRACTS, A DISTANCE OF 24.75 FEET;
THENCE SOUTH 56°42'39" EAST; CONTINUING ALONG SAID COMMON LINE, A
DISTANCE OF 33.81 FEET; TO THE PLACE OF BEGINNING AND CONTAINING
3,548.87 SQUARE FEET, OR 0.081 ACRES OF LAND MORE OR LESS, AND BEING
SUBJECT TO ANY AND ALL EASEMENTS THAT MAY AFFECT.
HAMC PRO)ECTSVROVIDENT REALTY (1)070)~ 028) QUAIL CREEK, PHASE IALEGALSVCITY OF DENTONDAVID
HOUGH SURVEY.DOC
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