2002-287ORDIN CE NO. 7
AN ORDINANCE GRANTING APPROVAL OF A LICENSE FOR THE SURFACE USE OF
A PORTION OF THE DENTON BRANCH RAIL TRAIL APPROXIMATELY 570 FEET
SOUTH OF WALTON ROAD AT MILE POST 727.5 FOR THE PURPOSE OF A PRIVATE
ROADWAY CROSSING IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS
AND WILDLIttE CODE; PROVIDING FOR THE ISSUANCE OF AN 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
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 commercial properties within the City of Corinth by providing a license for the
construction of a private driveway 100 linear feet across the trail for a circulation connection;
and
WHEREAS, developer Ben Piunell desires to construct the private driveway 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 August 11,
August 18, and August 25, 2002 of a Public Hearing to be held on September 3, 2002 in the
Council Chambers to consider the alternatives to the use of City Park and Recreational land for
the subject private driveway project; and
WHEREAS, the City Council on September 3, 2002, received testimony fi-om City staff
and citizens regarding alternatives to the use of the Denton Branch Rail/Trail for this private
driveway; 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 private driveway project when constructed in accordance with
the provisions of the license 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 private driveway improvements are completed; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Subject to the terms of the license provided for in Section 2 hereof, the
private driveway proposed by the Pinnell Properties, 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 private driveway
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 public street project.
SECTION 2. A revocable license containing a 90 day notice of termination without
cause provision and which is also 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. The license shall contain an
appropriate provision to insure the improvements are constructed in accordance with City Rules
and Regulations; protects the patrons using the park from injury and damage both during and
after 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. The
license shall also contain such other terms and conditions deemed appropriate by the City
Attorney to protect the interests of the City of Denton.
SECTION 3. During construction of the improvements above, Pinnell Properties 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 Depathnent 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. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 3'~r~ dayof ~,~'~9-/~/7~ff~ ,
2002.
ATTEST:
JENI~ER WALTER/S, C3]l?Y SECRETARY
By:
EULINE BROCK, MAYOR
S:\O~ Doeumcnt.s'Ordin~nee~\02~inndl Prlvat¢ Drive uccc,do,Page 2 of 2
Exhibit A
lO0k 0 log
I.~ ~l'~ ~ ~ I , I
200
~00 Feet
EXHIBIT
fo~
30' Trail Crossing
In the
WALTON SURVEY, ABSTRACT NO. 1~89
CITY OF C, ORIt, m~
DENTON COIJN/Y, TEXA~
G & A CoOBtl[lnnf~ Inc.
LEGAL DESCRIPTION
30 Foot Trail Crossing
0.070 Acres
Being all that certain lot, tract or parcel of land situated in the J. P. Walton Survey, Abstract
Number 1389, City of Corinth, Denton County, Texas, being part of that certain tract of land
described iii deed to the City of Denton recorded in Clerk's File Number 93-R0058485 of the
Real Property Records of Denton Cmmty, Texas, and being more particularly described as
follows:
BEGINNING at a point on the westerly line of said City of Denton tract, being on the easterly
line of that certain tract of land described in deed to Pinnell Ford, L.L.C. recorded in Clerk's File
Number 97-R0084160 of the Real Property Records of Denton County, Texas, from which point,
the northeast comer thereof bears N 37°29'37" W, 626.92 feet;
THENCE N 52°25'04" W, 101.29 feet, to a point on the easterly line of said City of Denton
tract, being on the westerly line of that certain tract of land described in deed to Pinnell Ford,
I..L.C. recorded in Clerk's File Number 97-R0046701 of the Real Property Records of Denton
County, Texas;
THENCE S 37°33'56" E, 30.00 feet, along the easterly line of said City of Denton tract and the
westerly liue of said Pinnell Ford tract;
THENCE S 52°25'04" W, 101.29 feet, to a point on the westerly line of said City of Denton
tract and the easterly line of the first cited Pinnell Ford tract;'
TI1ENCE N 37033'56'' W, 30.00 feet, along said line, to the POINT OF BEGINNING and
containing approximately 0.070 acres of land.
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