2001-188rs wm UO=mftWNio n\01\Mp 26 Or&nmcc GM&Sev'tr Fwsenem mF ne s-0I-012t
ORDINANCE NO.
AN.ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF
THE DENTON BRANCH RAIL/TRAIL APPROXIMATELY 1800 FEET SOUTH OF
CORINTH LOOP PARKWAY AT MILE POST 728 FOR THE PURPOSE OF A
WASTEWATER SEWER EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE
TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR A DRAINAGE 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 provide for a required wastewater sewer
easement of approximately 100 linear feet across the trail for proper wastewater utility services;
and
WHEREAS, The City of Corinth desires to construct a wastewater sewer pipeline 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 April 8, April
15, and April 22, 2001 of a Public Hearing to be held on May 1, 2001 in the Council Chambers
to consider the alternatives to the use of City Park for the subject wastewater sewer easement;
and
WHEREAS, the City Council on May 1, 2001, 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 drainage easement; 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 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 Wastewater Sewer Easement and sewer pipeline proposed by the City
of Corinth (the "Project") shall be constructed and maintained below 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 wastewater sewer pipe shall be
SW rD mnmUWN8unm4MV260r ..C 'A S.&.111 MP]38541016tt
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 wastewater sewer line easement which is revocable as required by law
(National Trails System Act, 16 U S C 1247(d)) shall be signed 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 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 of 12001
160ck-
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEG FORM
HERBERT L PROUTY,. Y ATTORNEY
By
Page 2 of 2
S~ rDxmnmu~CwtlxW&I~CO~IoW Seam Lice 6ASGS lW72&E
WASTEWATER UTILITY EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENT
COUNTY OF DENTON §
That the City of Denton, Texas, a municipal corporation (Grantor), for and in consideration of
the sum of 0~ 803 per square foot for the property described in Exhibit "X] Twelve Hundred
Eighty Five ($1285 00 DOLLARS to the undersigned in hand paid by the City of Corinth, a
municipal corporation (Grantee), the receipt of which is hereby acknowledged and confessed,
has granted, sold and conveyed and does hereby grant, sell and convey unto said Grantee, its
successors and assigns, subject to the reversionary rights and privileges of Missouri Pacific
Railroad Company (Railroad) and Grantor set forth in the Line Sale Contract between Railroad
and Grantor of July 2, 1993, adopted pursuant to City of Denton Ordinance No 93-177 and
limited by 16 U S C 1247 (d), section 8(d) of the National Trail System Act and subject to
easements and licenses of record, mterlocal agreements and Grantor's perpetual and superior
right to maintain a trail system and expand the type and number of public utilities within
grantor's jurisdiction to maintain and operate within the property described in Exhibit "A", an
easement for wastewater utilities, together with the customary uses attendant thereto, over,
under, through, across and along all that certain lot, tract, parcel of land described in Exhibit
"A", attached hereto and made apart hereof by reference for all purposes
The Grantee is acquiring this easement for the purpose of constructing, using and maintaining a
public utility wastewater line subsurface and in accordance with the such plans attached hereto in
Exhibit A specifications which will best serve the public while at the same time protecting the
integrity of the existing railroad roadbed and accommodating the construction of the Denton
Branch Rail/Trail Project as envisioned by the mterlocal agreement between the City of Denton
and the Texas Department of Transportation dated November 7, 1997 and adopted pursuant to
City of Denton Ordinance No 95-227
Grantee, by taking possession of this easement (e g , grading or preparing the railroad roadbed
for wastewater pipeline) agrees to comply with the following terms
1 Repair, modify or reconstruct the pipeline improvements (and customary uses
attendant thereto) authorized above at Grantee's expense if same is required for
Grantor (a) to comply with the mterlocal agreement referenced in Ordinance No
95-277 above or any agreement between Federal or State agencies required to
receive funding for the construction and maintenance of the Denton Branch
Rail/Trail Project (b) to repair, modify, reconstruct, install or construct Grantor's
utilities in the easement area
2 Repair and restore any improvements in the easement area, lawfully placed
therein by Grantor, its agents, employees or independent contractors or by others
pursuant to an easement, agreement or license granted by Grantor or its
9~~mM `UI~('a~'mWYa~FASFAICl. Ta MP]366x
predecessor, the Railroad, damaged by the negligence of Grantee or its agents,
employees, or independent contractors working in the easement area with Grantee's
approval, in constructing and maintaining a utility wastewater easement. To the extent
permitted by law, Grantee agrees to indemnify and hold harmless Grantor, its officers,
employees, agents (which may include the Texas Department of Transportation) and
independent contractors from all claims or liabilities due to activities of Grantee, its
officers, employees, agents, and independent contractors. Additionally, to the extent
permitted by law, the Grantee shall hold harmless the Grantor, its officers, employees,
agents (TxDOT) and independent contractors from any and all expenses, including
attorney fees and court costs which may be incurred by the Grantor and the entities above
in privity with Grantor (e.g., TxDOT) in litigation or otherwise resisting said claim or
liabilities which might be imposed or the Grantor or those in privity with Grantor as a
result of such activities by the Grantee, its officers, employees, agents or independent
contractors.
This easement will terminate if the easement area is used other than in compliance with the
specified use noted in Exhibit A. Any modification of the Rail/Trail crossing must be approved
through the Chapter 26 process set forth in the Texas Parks & Wildlife Code.
TO HAVE AND TO HOLD the above described easement, together with all and singular the
rights and appurtenances thereto in any wise belonging unto the said Grantee, its successors, and
assigns forever, and Grantor is hereby bound, together with all heirs, executors, administrators or
successors, to warrant and forever defend all and singular the said easement unto the Grantee, its
successors and assigns, against every person whomsoever lawfully claiming, or to claim the
same or any part thereof, subject only to the rights and limitations contained in the Line Sale
Contract and other documents incorporated into adoption of City of Denton Ordinance No. 93-
117.
EXECUTED this day of
,
CITY OF DEN-TON, TEXAS (Grantor)
r'i¢p AS T,~ p,; ; CITY MANAGER
077 ATTOR e
CITY OF D= TT E"
By:
r
the City of Corinth, Texas.
APPROVED this 1491, day of A-0,4 ,U-e, 1 / _ by the Cit., r a ,.e
YOR, CITY OF CORINTH
Page 2 of 3
5:'Otl M®mIM '1tM-01'Gni+W $wvli¢EASEMENSL MI Y~,M[
ATTEST:
a e"~
City Secretary, City of Corinth, Texas
STATE OF TEXAS
COUNTY OF DENTON
This instrument is ackpowledged before me, on this Z/A day of -62 Cp 4 „
by,: 17'S •~.~fJi! J79iY , Mayor of the City of Corinth, Texas, a municipal
r'
corporation, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the said City of Corinth, Texas, a
municipal corporation, that he/she was duly authorized to perform the same by the City Council
of the City of Corinth and that he/she executed the same as the act of the said City for the
purposes and consideration therein expressed, and in the capacity therein stated.
CONNIVEL
I IMY COMMISSK)(I U%IRES la
EFebruary 16, 2Wd ji
STATE OF TEXAS
COUNTY OF DENTON
Notary Public, State of Texas
This msgt ment is acknowledged before me, on this 1'S- day of ECG ,
MN by qty Manager of the City of Denton,vTexas, a
municipal corporation, kno to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of the said City of Denton, Texas,
a municipal corporation, that he was duly authorized to perform the same by the City Council of
the City of Denton and that he executed the same as the act of the said City for the purposes and
consideration therein expressed, and in the capacity therein stated.
' "~"'°ar, ANN FORSYTHE
`
i , ~
'
Notary Public, State c1 Texas
. )..111
My Cammiuion Expose
MAY 9, 2002
Notary Public,
Page 3 of 3
PLAT OF EXHIBIT JA
PARCEL NO. 2
POINT OF / S6 Dock Proctor and wife
COMMENCING Mildred L Proctor
61>, F Vol 1252, Pg 3
DRDCT
S62°47 5a E
16 00'
POINT OF
BEGINNING
The City of Denton Texas
Clerks No 93-ROO58485
DRDCT
1 "=30'
CPC Sing Trust
Vol 2405 Pg 127
DRDCT
N62°4750W
16 00'
X16-FOOT WIDE
SANITARY SEWER
EASEMENT
1,600 SOFT OR
00367 OF AN ACRE
NOT
B=ARIVGS SHOWN LFR-ON AR- BASFD ON
SOJ-iWEST-RLY '3OP=13-INL OF -1E CIT-
O= D-VTGN TgAC B= NC NORTF 57 L7 50 W `T
EXHIBIT SHOWING A
16-FOOT WIDE SANITARY SEWER EASEMENT
BEING A PORTION OF THE
THE CITY OF DENTON, TEXAS TRACT
SITUATED IN THE
H GARRISON SURVEY
ABSTRACT NO 507,
DENTON COUNTY,TEXAS
CITY OF CORINTH LIFT STATION 3A IMPROVEMENTS
EASEMENT ACQUISITION AREA 1,600 SQUARE FEET OR 0 0367 OF AN ACRE
FILE P /200005KHOIFW/DGN/200005-EX02 DGN
G & An 200005KHOIFW ENGINEER KIMLEY-HORN & ASSOC
DATE 20-DECEMBER-00 PAGE 2 OF 2 I DRAWN BY RWB
H GARRISON SRVY , A-507, CITY OF CORINTH, DENTON COUNTY , TEXAS
OF rF
P 0, 9S
YNDON M HODGIN
r- 4584
LYNDON M HODGIN
R P L S
TEXAS NO 4584
Garcia & Associates
Engineering, Inc
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Exhibit "A'
City of Corinth, Texas
Sanitary Sewer Easement
Parcel No 2
BEING a 16-foot wide sanitary sewer easement situated in the H Garrison Survey Abstract Number 507,
City of Connth, Denton County, Texas and being a portion of that certain tract of land described to the City
of Denton, Texas by deed recorded in County Clerk's Document No 93-R0058485, Deed Records of
Denton County, Texas (DRDCT), said 16-foot wide easement being more particularly described as follows
COMMENCING at the westernmost corner of that certain tract of land described to Dock Proctor and wife
Mildred L Proctor, by deed recorded in Volume 1252 Page 3 DRDCT and being in the northeasterly line
of said City of Denton tract of land
THENCE South 62°47 50" East along said northeasterly line and along the southwesterly line of said
Proctor tract of land, a distance of 617 53 feet to the POINT OF BEGINNING
THENCE South 62°47 50" East continuing along said northeasterly line and said southwesterly line a
distance of 16 00 feet to a point for corner,
THENCE South 27°51'27" West, a distance of 100 01 feet to a point for corner in the southwesterly line of
said City of Denton tract of land, same being the northeasterly line of that certain tract of land described to
CPC Sing Trust by deed recorded in Volume 2405, Page 127 DRDCT
THENCE North 62°47'50' West, continuing along the southwesterly line of said City of Denton tract of
land and the northeasterly line of said CPC Sing Trust tract of land a distance of 16 00 feet to a point for
corner
THENCE North 27°51'27" East, a distance of 100 01 feet to the POINT OF BEGINNING
CONTAINING a computed area of 1,600 square feet or 0 0367 of an acre of land
OF
TF
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YNDON M HODGIN
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