2003-196O INANCE NO. d Od-
AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE
SURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL AT CORINTH
PARKWAY AT MILE POST 727.7 FOR THE PURPOSE OF AN OVERHEAD ELECTRIC
LINE CROSSING IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND
WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A 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 City of Corinth in the
development of properties within the City of Corinth by providing a license for the construction
of an overhead electric line 162 linear feet across the trail for an electric distribution line; and
WHEREAS, Oncor Electric desires to construct the overhead electric line 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 May 26, June 2,
and June 16, 2003 of a Public Heating to be held on June 17, 2003 in the Council Chambers to
consider the alternatives to the use of City Park and Recreational land for the subject overhead
electric line project; and
WHEREAS, the City Council on June 17, 2003, received testimony fi:om City staff and
citizens regarding alternatives to the use of the Denton Branch Rail/Trail for this overhead
electric line; 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 overhead electric line project when constructed in accordance
with the provisions of the hcense as described below will minimize the harm to the park land
resulting fi:om the proposed use and the surface of such park land effected shall remain useable
for the park patrons once the construction of the electric line improvements are completed;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The overhead electric line proposed by Oncor Electric must 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 overhead electric 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 project.
SECTION 2. A License which is revocable as required by law (National Trails System
Act, 16 U.S.C. 1247(d)) be composed by the City Manager or his designee and approved by the
City Attorney allowing the 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; American Railway Engineering and Maintenance of Way standards, protects
the patrons using the park fi:om injury and damage both during and al~er 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.
SECTION 3. During construction of the above described improvements, Oncor Electric
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. The findings contained in the preamble of this ordinance are incorporated
into the body of this ordinance.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the / ~/~-fg day of (~ ,
2003. //
EULINE BROCK, MAYOR
AP&vED ~TO ~EGAL FORM:
By: ~/ '--
S:\Our Do~ um~at~\Ordinanc~/03\Ch apt ~* 260.¢or a]~hic line, MP 7277 co~.a~Page 2 of 2
Exhibit A
LEGAL DESCRIPTION
"Dalhoma Trail" Crossing
0.065 Acres
Being ail that certain lot, tract or pareel of land sima~i in ~hc $. P. Waiton Survey, Abstract
Number 1389, City of Corintl% D~nton County, Texas, being part of that certain lraat of land
described in deed to the City of Denton (Dalhoma Trail Tract) recorded in Clerk's File Nmnbar
93-R005g485 of the Real Property R~cords of Donton County, Texas, and being more
pal'ticularly described as follows:
BEGINNING at a ~" capl~d rcbar (G & A) found on the east line of said City of D~nton
(Daihoma Trail) Iract, being on the south right-of-way line of Corinth Parkway, and being the
northwest comer of that certa/n called 5.000 acre tract of land described in deed to the City of
Corinth recorded in Voltmto 4708, Page 1482 of the Real Prop~ty Records of Denton County,
Texas, and being in a curve to the left;
'I~n~NCE Southeasterly, aiong the east line of said Dalhoma Trail and ~hc west line of said City
of Corinth Ix'act and with the arc of said ~"ve having a radius of 193'/.96 feet, a central angle of
00°32'27", whose chord bears S 52 °44'58" E, 18.29 feet, an arc length of 18.29 feet;
TII.ENCE S 19028'46" E, 171.g6 feet, to a point on the west line of said Dalhoma Trail and the
eaSt line of that certain tract of land described in deed to Shirley Ann Enlow recorded in Vdium¢
733, Page 161 etthe Deed Records of Denton County, Texas, and being in a curve to the fight;
IHI/NCE Northwesterly, along the west line of said Dalhoma Trail, the eaSt line of said Enlow
tract and with the arc of said curve, having a radius of 2037.96 feet, a ccmrai angle of 00°41'50'',
whose chord bears N 56°42'07' W, 24.80 feet, an arc length of 24.80 feet;
I'll;NCR N 19"28'46" W, 154.8g feet;
'I'ItENCE S 58°44'39'' w, 21.58 feet;
l'~ll~NCE N 31 ° 15'21" W, 10.76 fect;
'I'lt/~NCE N 57040"29" E, 29.02 feet, to thc POINT OF BEGINNING and containing
approximately 0.065 acres of land.
P.O.B
If 57'40'£9" E
29. 02'
If 31'15'21" F 10.76'
$ 58'44'39" E
21.58'
72" ~.F.
City of Denton
'~.,...~ 93-R0058485
" N 19'28'46" F
Shir~
Vol..Z733, Pg- 161
52"44-'58"
C/.=1a.29' j
5.000 Acres
City of Corinth
4708/1482
~ 00'41'50"
R=2037.96'
L=24.80'
CD=II 56°42'0?
¢£=£4.80'
EXHIBIT
for
Oncor Electric
Easement
0.065 Acres
~ the
WALTON SURVEY, ABSTRACT NO. 1389
CITY OF CORINTH
DENTON COUNTY, TEXAS
G & A Consultants, Inc.
~A~ ~r: c... aTE: O~/OVO3 S~: ~'-~' ~..0. 02119
L~GAL DESCRIPTION
Oncor Electric Easement
Part of City of Corinth Tract
0.011Acres
Being all that certain lot, ~act or parcel of lend situated in thc $. P. Walton Survey, Abstn~ct
Number 1389, City of Corinth, Denton County, Texas, being part of thar certain called 5.000 acre
tract of land described in deed to the City of COrinth recorded in Volume 4708, Page 1482 of thc
Real Property Records of DenOn County, Texas, and being more particularly described as
follows:
BEGINNING at a ½" capped re'oar (G & A) found at the northwest comer of said City of
Corinth tract~ being on thc south right-of-way line of Corinth Parkway and being on the cast line
of that cmiain tract of land described in deed to the City of Dentofi (Daihoma Trail Tract)
recorded in Clerk's File Number 93-R0058485 of the Real Property Racords of Denton County,
Texas, and being in a curve to the right;
't'HENCE Northeasterly, along the notih line of said City of Corinth Wact, the south right-of-way
line of Corinth Parkway and with the arc of said cra'ye having a radius of 2400.00 feet, a cenVtai
angle of 00 °46'03 ", whose chord betas N 58 °24'18" E, 32.15 feet, an arc length of 32.1 $ feet, to
a point on the east line ora utility casement, being in a curve to the leA;
'tHENCE Southeasterly, along thc cast linc of said utility easement and with the arc of said
curve having a radius of 1907.96 leer, a cenWal angle of 00°29'08'', whose chord bears $
/;3 °03'57" E, 16.17 feet, an arc length of 16.17 feet;
THENCE $ 58 °32'43" W, 32.28 f~'t, to a point on the west line of said City of Corinth tract and
the east line of Dalhoma Trail, being in a curve to the right;
III~NCE Northwesterly, along thc west line of said City of Corinth tract, the east line of said
Dalhoma Trail and with the arc of said cun~c having a radius of 1937.96 feet, a central angle of
00°28'28", whose chord bears N 52°42'58'' W, 16.05 feet, an arc length of 16.05 feet, to the
POINT OF BEGINNENG and containing approximately 0.011 acres of land.
kmm:02119oe2.wpd
Otl;or Electrio Easement
0.0TI Acres
in the
J.P. WALTON SURVEY, ABSTRACT NO. 1389
CITY OF CORINTH
DENTON COUNTY, TEXAS
Inc.
JoB..o. 02119
TDTRL P. 1~5