2003-006ORDiNAnCE NO.
AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE
DENTON BRANCH RAIL/TRAIL AT WALTON ROAD MILEPOST 727.6 FOR THE
PURPOSE OF A PUBLIC STREET IN ACCORDANCE WITH CHAPTER 26 OF THE
TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A STREET DEDICATION
EASEMENT; AND PROVIDING AN EFFECTWE 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 Corinth desires to improve public transportation to the City of
Corinth by constructing a roadway 100 linear feet across the trail 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, the City provided notice in the Denton Record Chronicle on December 18,
December 24, and December 31, 2003 ora Public Hearing to be held on January 7, 2003 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 January 7, 2003, 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 fmds 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
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 street crossing for Walton Road proposed by the City of Corinth
(the "Project") shall 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 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
fi~om 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 (~ day~3.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
Page 2 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
EASEMENT
BEING 0.509 acres of land located in the J. P.. WALTON SURVEY, Abstract
No. 1389, City of Corinth, Denton County, Texas, and being a portion of
the Tract of land within the J.P. WALTON SURVEY conveyed to the City of
Denton by the deed recorded in County Clerk's File No. 93-0058485 of the
Deed Records of Denton County, Texas. Said' 0.509 acres being· more
particularly described by metes and bounds, as follows:
BEGINNING at a 1/2" iron rod found, in the Northeast boundary line of
said City of Denton Tract, lying at the intersection of the
centerline of Walton Road, and said POINT OF BEGINNING (1/2" iron
rod found) lyi~ at the.Northwest corner of the Tract of land
conveyed to Pinnell Ford, L. C. by the deed recorded in County
Clerk's File No. 97-0046701 of the·Deed Records of Denton County,
Texas;
THENCE S 39° 10' 17" E 44.95 feet, along the Northeast boundary
line of said City of Denton TraCt',.~nd'~.'the Southwest boundary line
of said Pinnell Ford, L. C. Tract[ to a 1/2" iron rod set, in the
new South right-of-way line of said Walton Road;
THENCE S 89° 49' 45" W 128.86 feet, severing said City of Denton
Tract, to a point in the Southwest boundary-l~ine.of the aforesaid
City of Denton Tract, lying in the Northeast boundary line of the
Tract of land conveyed to Pinnell Ford, L'.C. by the deed recorded
in County Clerk's File No. 97-0084160 of the Deed Records of Denton
County, Texas;
THENCE N 39° 10' 17" W 9"/21 feet, along the Southwest boundary
line of said City of Denton Tract, to a point ·in the intersection
of the East right-of-way kine of Corinth North Road;
THENCE N 00° 23' 55" W 57.77 feet, severing ·said City of Denton
Tract, and running along the Northerly extension of the East right-
of-way line of said Corinth North Road, to a point in the
projection of the North right-of-way line.of said Walton Road;
THENCE N 89° 50' 03" E 82.31 feet·, along the extension of the north
right-of=way line of said Walton Road to a poi~ in the Northeast
boundary line of said City of Denton Tract;
THENCE S 39° 10' 17" E 38.60 feet, along the'~·Northeast boundary
line of said City of Denton Tract., to THE PLACE OF BEGINNING,
containing 0.161 acre (7.022 square feet) of land.
FNCORWALTON ESM
I
LOT I
BLOCK 9, F & HIADDmON
EASEMENT u~' ,1 LOT 2
\7,022 SQ.FT.
I 13::
\ PINNELL FORD, L,C,
\ /X~ ~%. C*C. No, 97-0046701
c.c. No.
SCALE 1"= 100'
SEPTEMBER 17, 2002
iDOC) \SU\FNCORNIT~WAJ.TON\ROW-- 15\