2000-060 ORDINANCE NO d~t~-/9~
AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE
DENTON BRANCH RAIL/TRAIL APPROXIMATELY 2000 FEET NORTH OF SHADY
SHORES ROAD 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 Wfldhfe Code provides that pubhc
land designated and used as a park may be used for a non-park purpose if the C~ty Councd finds
after notice and heanng that there m not feasible and pmdem alternative to the use of such land
for the proposed project and the proposed project includes all reasonable planmng to mimmlze
harm to the park resulting from such use, and
WHEREAS, the City of Denton desires to improve public transportaUon to the C~ty of
Denton by constructing a four lane divided roadway 100 1,near feet across the trtul for a public
street, and
WHEREAS, the City of Denton desires to construct the pubhc street across the Denton
Branch Rml/Tratl s~nce alternative opUons would not be feasible and prudent, and
WHEREAS, the C~ty provided notice in the Demon Record Chrorucle on January 23,
January 30, and February 6, 2000 ora Public Hearing to be held on February 15, 2000 in the
Cotmcfl Chambers to consider the alternatives to the use of C~ty Park for the subJeCt street
project, and
WHEREAS, the City Council on February 15, 2000, received tesmnony at a pubhc
heanng on the issues of no feasible and prudent alternative to the use of the property for the
proposed project and that the project ~ncludes all reasonable planning to m~mm~ze harm to the
Denton Branch Rad/Trarl resulting from the pubhc street crossing, and
WHEREAS, the C~ty Counml finds that the project does not fall wltNn 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 altemaUve to the
use of the park land and that the subject pubhc street project includes all reasonable planning to
m~mmlze harm to the park as a result of the project, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ The public street crossing for Lakevlew Boulevard proposed by the City of
Denton (the "Project") shall be constructed and mmntmned above the surface of the park
property described m Exhibit A, wNch is attached hereto and made a part hereof for all purposes,
and that the surface of the park after installation of the pubhc street be constructed ~n a manner
so that the park land may still be used by its patrons after compleUon of the Project In the same
manner it was used prior to the Project
~ A public street dedication easement which ~s revocable as required by law
(National Troals System Act, 16 U S C 1247(d)) shall be composed by the City Manager or las
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 ~mprovements are constructed in
accordance with City Subdivision Rules and Regulations, protects the patrons using the park
from injury and damage both dtmng and after construction of the ProJect, compensates for the
reasonable market value of the use here~n granted and generally protect the health, safety and
general welfare of the City
~ Dunng 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 actlvit~es for
the Project such ad&tlonal park land shall be restored to the condition to which it existed prior to
the begmmng of such construction activities
~ The rights and benefits set forth ~n tlas ordinance may not be assigned
without the express written consent of the City
~ The findings contmned ~n the preamble of this ordinance are incorporated
into the body of tlas ordinance
SECTION 6 This ordinance shall become effective lmme&ately upon its passage and
approval
PASSED ANDAPPROVEDtlasthe /~-~t~ day of x~~ ,2000
J~
ATTEST
JENNIFER WALTERS, CITX~ SECRETARY
HERB~~ ..ATTORNEY
By ~"-~"~ -
Page 2 of 2
EXHIBIT "A"
THE PRESERVE ot
PECAN CREEK
THE PRESERVE at
PECAN CREEK
..04 37'10'
r-82 23
P~,.Ci~c Ra~roed -124 40
uu tciolm to ACRES
City
De~to~, rexos ~ 12.473 SO FT
C CDRPRDCTN° 9j_R~485
POINT
BEGINNING
R~1442 93'
~hn L ~nner~lo
V~ 5~5. Pg ~29
ORDCT
Ernst A ~nnerMIo
vo'
NOTE
BEARING SYSTEM BASED ON THE PLAT OF THE
BILL UTTER FORD ADDITION, AN ADDITION
TO THE CI*TY OF CORINTH. TEXAS RECORDED IN
CABINET P, PACE 357 OF THE PLAT RECORDS OF ~ I M' ~
I
I
I ~ ~ ..... o?~, MID BEINO OUT OF THE I
EXHIBIT "A"
B~IN~ A 0 28E~ AO~ TRACT IN A TRACT
0 2~ A~ ~ACT ~O M~ P~A~Y ~D AS
~G~I~ AT ~ IN~C~ ~ ~ ~ST ~T-~-WAY ~ ~ ~ PA~ RA~
~Y (A I~ ~ ~T-~-WAY) ~ ~ ~ST ~T-~-WAY ~ ~ ~[~W ~V~ (A
I~ F~T ~ ~T-~-WA~
~[N~ ~ 13~ ~ ~U~S 57 ~C~S ~ST, A ~ST~ ~ 10278 ~[T TO A ~T F~
C~, ~ ~T
~ ~ ~ IN A ~ ~ ~ ~T ~ ~N~R ~A~ ~ ~ ~E~ ~ UINU~ 02
~C~DS ~ST, A ~ST~ ~ 1~293 ~ET ~ ~ P~T
~N~ ~ ~ ~AST ~T-~-WAY
TO ~E ~T, ~ ~ ~ST~E
10 ~C~ ~A ~NT
~E~ ~V~
~ ~ 13 ~
~ ~AST ~T-~-WAY
~ ~N~R ~ ~ 32 ~E~ ~ ~ ~ ~C~DS ~ST, A ~STAN~ ~ 144Z93 ~ET
~ ~D ~T
~[~ ~ ~ ~ST ~T-~-WAY
~ ~E ~T ~ ~ ~T~ ~ 125~ ~T ~R~ A ~N~ ~ ~ ~ ~ES 57 Ml~
C~T~ 12,473 ~A~ ~ET
PUBLIC STREET DEDICATION EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENT
COUNTY OF DENTON §
That the City of Denton, Texas, a mummpal corporation (the "C~ty"), for and m consideration of
the sm of [$__ per square foot for the property described ~n Exhth~t "A"]
DOLLARS ($ ) hereby dethcates to the pubhc's
use an easement for pubhe slxeet purposes, subject to the reversionary rights and pnwleges of
M~ssoun Pamfic Rmlroad Company (Radroad) and City set forth in the Line Sale Contract
between Rmlroad and Grantor of July 2, 1993, adopted pursuant to C~ty of Denton Ordinance
No 93-177 and hmtted by 16 U S C 1247 (d), section 8(d) of the Natmnal Tratl System Act and
subject to easements and licenses of record, lnterlocal agreements and Grantor's perpetual and
superior right to mmntmn a trml system and expand the type and number of public utilities w~tinn
the C~ty's jurisdiction to mmntmn and operate w~thm the property described m Exinblt "A",
winch easement ~s for the passage of veincular and pedestrian traffic, along w~th the customary
uses attendant thereto, over, under, through, across and along all that certain tract or parcel of
land described m Eydnint "A', attached hereto and made apart hereof by reference for all
purposes
This easement is for the purpose of constructing, using and malntmmng a pubhc street at the
grade and ~n accordance w~th the such plans attached hereto m Exinblt A specifications winch
will best serve the pubhc winle at the same t~me protecting the ~ntegnty of the cresting ra~koad
roadbed and aecom_modatlng the construction of the Denton Branch Rml/Tra~l ProJect as
enmsmned by the ~nterlocal agreement between the C~ty of Denton and the Texas Department of
Transportation dated November 7, 1997 and adopted pursuant to C~ty of Denton Orthnance No
95-227
Persons responsible for the construction of nnprovements within tlus easement shall comply w~th
the following terms
1 Repmr, modify or reconstruct the street improvements (and customary uses
attendant thereto) authorized above (a) to comply w~th the mterloeal agreement
referenced in Ordinance No 95-277 above or any agreement between Federal or
State agenmes reqmred to receive funding for the eonstmctmn and mmntenance of
the Denton Branch RoaFTrml ProJect (b) to repmr, modify, reconstruct, install or
construct C~ty's uttht~es ~n the easement area
2 Repatr and restore any ~mprovements ~n the easement area, lawfully placed
therein by the C~ty, ~ts agents, employees or Independent contractors or by others
pursuant to an easement, agreement or hcense granted by City or its predecessor,
the Rmlroad, damaged by the negligence of such persons or their agents,
employees, or independent contractors working ~n the easement area with such
persons' approval, m constructing and maintaining a pubhc street
Tbas easement will tenmnate ~f the easement area is used other than in compliance wtth the
design as reflected m Exlub~t A
CITY OF DENTON, TEXAS
STATE OF TEXAS §
COUNTY OF DENTON §
,o _Tins Instrument is acknowledged before me, on th~s /~ day of ~
~ , by MICHAEL W JEZ, City Manager of the C~ty of Denton, Texhs, a mumc~pal
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 smd C~ty of Denton, Texas, a mumc~pal
corporation, that he was duly authorized to perform the same by the City Councd of the C~ty of
Denton and that he executed the same as the act of the smd C~ty for the purposes and
consideration there~n expressed, and ~n the capamty there~n state,~
//
~';;t~'0'f~'~Y~a [ $otary~bhc} Stat~ofT~/as
Page 2 of 2
i- Xl-Ili'~l I ~
GRAPHIC SCALE IN FEET
THE PRESERVE at
PECAN CREEK
THE PRESERVE ot
PECAN CREEK
.04'57'10'
R-1542.95
T-62 23'
U~Ourl Pocffle Ra/lro~cl
Oultclaim to 286 ACRES
~e CIty of O~t~,
CCD ~o
~PRDcT
POINT
BEGINNING
R-1442 93' ~./
T-62 58'
L-125.08'
120' ROW
John L Tinnerello
Vol 556.5, Pg 0929
DRDCT
Ernest A Tinnerello
vol Po
DRDC~ v, ~
NOTE
BEARING SYSTEM BASED ON THE PLAT OF THE
BILL UTTER FORD ADDI11ON, AN ADDITION
TO THE CI~rY OF CORINTH, TEXAS RECORDED IN
CABINET P, PAGE 557 OF THE PLAT RECORDS OF ~ 1 ~' ~,
I ~q ......... )aD aeNe OUT e~ mE I
~2'_.~__.--' 0 WN.K~R SURLY. A~'IRaCT NO. 1330 AND I
EXHIBIT "A"
~ 1RACT IN A ~RACT 0¢ LAND. SAID IRACT
0 2~ A~ ~ACT ~G ~ P~Y
~. ~ ~T ~ ~ ~ ~ ~ ~ST ~T-~-WAY ~ ~ ~ PA~ R~
~D ~ ~IN A~ ~ ~ ~T ~ ~ ~ ~ ~ ~[~ ~ ~ 02
TO ~E ~T. ~ ~ ~ST~ ~ 124~
~ ~ 13 ~ ~ ~ 57
~ ~ ~T
~T~ 12.473 ~A~ ~T ~ 02~