2003-197ORO , CE NO.
AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE
DENTON BRANCH RAIL/TRAIL AT LOOP 288 MILEPOST 724 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 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 constructing a roadway 100 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 May 26, June 2,
and June 16, 2003 of a Public Hearing to be held on June 17, 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 June 17, 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 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
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 Loop 288 proposed by the City of Denton
(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. The
trail shall be rerouted so that patrons will be able to continue to use the trail during and after
construction activities for the Project.
SECTION :~. 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 fmdings 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 /~ -i-~day of ~/~/~rL~/ ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CIITY SECRETARY
Page 2 of 2
THIS 1_lgVGTH IS ONE INCH OR THIS SHEET IS REDUCED
4, ~ dtod~ d l. cctd D~ ~ij~ior~ Exbi~it t~
~y:
~.
.,~,~ ~tote Loop No, 2~
~"-'-' Den/on, Den/on Gounty~ ~exo~
Exhibif A
DENTON
EXHIBIT B
BEIAIG all that certain tract; parcel, or strip of land out of the J. S. TAFT SURVEY A.I250 in the City of Benton, Benton County,
Texas described by a deed to the Missour~ Kansas & Texas Railway Company and now more commonly known as 'Rails to Trails'
and more particularly described as follows:
BEGINNING at a one.half inch iron rod found for the intersection of the northwest right-of-way line of State loop IVo 288 with tba
northeast rigbt-of-way line of tbe Missouri, Kansas, & Texas Railway Co., and having Texas Coordinate System, Alorth Contra/Zone
I883-1098 datum of X = 2390271.64 and Y = 7119013.27 feet, and further bain9 50.0 feet right of Railroad Cbaining Station
1801 + 64.8; and 50 feet right and 180.8 feet short of Railroad Mile Post 724;
THE/iCE' with the said northeast right.of, way line of the Missour~ Kansas, & Texas Railway Company, S 41043'37` E, 265.23
feet to a point for a corner at tho intersection of the soutbeast right.of-way of State loop/Va. 268; from which a one-half inch iron
rod found bears Al 72 °41' W, 2.7 feeC
THE/VCE: leaving the said railroad northeast right-of-way line, S60° 8§'13" W, 102.12 feet to a point for corner in the southwest
right-of, way line of the Missour[ Kansas Texas Railway Company at 50.0 feet/eft of Chaining Station 1799+ 20.4 feet;
THEAlCE: witb the said southwest railroad rigbt-of, way line, Al 41 o 43' 37" W, 265.23 feet to a point for corner at the intersection
of the flortbwest right-of-way line of State loop Alo. 288;
THE/iCE: leaving the said railroad southwest rigbt-of, way line, Al 60° 0§'13" E, 162.12 feet to the p/ace of beginning and
containing 0.622 acres of land more or less as surveyed by john nalljr rpls # 187~7 during the month of February 2003.
Bearings, distances, and coordinates shown hereon ara grid par tba Texas Coordinate System, Alorth Central Zone, 1983-1999
datum. To obtain surface d/stances, multiply by LOOE1540. Areas shown ara surface.
"Dedicated to Quality Service'
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