2000-061 ORDINANCE NO d gR-O0 /
AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE
DENTON BRANCH RAIL/TRAIL APPROXIMATELY 2500 FEET SOUTH OF STATE
LOOP 288 HIGHWAY FOR THE PURPOSE OF A PUBLIC STREET 1N 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 public
land designated and used as a park may be used for a non-park purpose if the City Council finds
after notice and heanng that there is not feasible and prudent alternative to the use of such land
for the proposed project and the proposed project mehides all reasonable planmng to mlmrnlze
harm to the park resulting fi.om such use, and
WHEREAS, the City of Denton desires to improve public transportation to the City of
Denton by constructing a four lane divided roadway 100 linear feet across the trail for a public
street, and
WHEREAS, the City of Denton desires to construct the pubhe street across the Denton
Branch RmYTrml since alternative options would not be feasible and prudent, and
WHEREAS, the City provided not~c¢ in the Denton Record Chronicle on January 23,
January 30, and February 6, 2000 of a Public Hearing to be held on February 15, 2000 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 February 15, 2000, received testimony at a public
heanng 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 mlmmlze harm to the
Denton Blanch Rall/Trml 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 pubhc 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 Bnnker Road 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, and that
the surface of the park after installation of the public street be constructed in a manner so that the
park land~ may still be used by ~ts patrons after completion of the Project in the same manner it
was used pnor to the ProJect
SECTION 2 A public street dedication easement which is revocable as reqmred 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 an
accordanoe with City Subdivision Rules and Regulations, protects the patrons using the park
from injury and damage both dunng 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 Reereataon Department However, at the completion of the construction activities for
the ProJect such adrht~onal park land shall be restored to the condition to which ~t existed prior to
the begmmng of such construction activities
SECTION 4 The rights and benefits set forth ~n this ordanance may not be assagned
without the express written consent of the City
SECTION ~ The findings contained in the preamble of this ordmance are Incorporated
~nto the body of this ordanance
SECTION 6 This ordinance shall become effective ~mmedmtely upon ~ts passage and
approval
/*-* aayo
ATTEST' JA~_~t~LLER, MAYOR
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
Page 2 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
BEING~8,740 square feet of land located ~n the JOHN WHITE SURVEY, Abstract No
1433, City of Denton, Denton County, Texas, being a port,on of the Old M K & T
Railroad right-of-way and being more particularly described by metes and bounds as
follows
BEGINNING at a 1/2" ~ron rod sat ~n the North nght-of-way hne of sa~d Old M K & T
Railroad, being the South boundary hne of a 57 087 acre tract of land described ~n deed
to Ep,c Development, Inc tract, recorded in Volume 3245, Page 699 of the Real
Property Records of Denton County, Texas, and the proposed West right-of-way line of
Brinker Road (a proposed 80 foot vade right-of-way), lying N 89°11'16"E, 269 38 feet, S
00°34'55"E, 575 50 feet, S 12°14'08"W, 505 81 feet and N 41°26'39"W, 87 87 feet from
a 112" iron rod found at an interior corner of sa~d Epic tract, being the Southwest comer
of a tract of land described In deed to John Karvouniaris, recorded ~n Volume 3405,
Page 50 of the Real Property Records of Denton County, Texas,
THENCE S 41°26'39"E along the North right-of-way of sa~d Old M K & T Ra,lroad and
the South boundary line of said 57 087 acre tract, 87 87 feet to a 112" iron rod
set ~n the proposed East right-of-way line of Bnnker Road,
THENCE SOUTHWESTERLY along the proposed East nght-of-way line of Bnnker
Road (a proposed 80 foot wide right-of-way), 108 65 feet along a Curve to the
Right, having a radius of 1140 00 feet, a central angle of 05°27'39" and a
chord beadng S 27°47'01"W, 108 61 feet to a 1/2" ~ron rod sat in the South
right-of-way line of said Old M K & T Railroad, be,ng the North boundary line
of a 243 185 acre tract of land described ~n deed to Epic Development, Inc,
recorded in Volume 3245, Page 699 of the Real Property Records of Denton
County, Texas,
THENCE N 41°26'39"W along the South nght-of-way of sa,d Old M K & T Railroad
and the North boundary hne of said 243 185 acre tract, 84 48 feet to a 1/2"
,ron rod set in the proposed West right-of-way hne of Brlnker Road,
THENCE NORTHEASTERLY along the proposed West nght-of-way I~ne of Brinker
Road (a proposed 80 foot wide right-of-way), 109 91 feet along a Curve to the
Left, having a radius of 1060 00 feet, a central angle of 05°56'27" and a chord
beadng N 26°07'45"E, 109 86 feet to the PLACE OF BEGINNING, contain,ng
8,740 square feet of land
Page 1 of I
W A No 99004
February 1,2000
PUBLIC STREET DEDICATION EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENT
COUNTY OF DENTON §
That the City of Denton, Texas, a mumelpal corporation (the "City"), for and m conslderatmn of
the sum of [$__ per square foot for the property descnbed in Exhibit "A"]
DOLLARS ($ ) hereby dedicates to the public's
use an easement for pubhe street purposes, subject to the reversionary rights and privileges of
Missouri Pacific Rmkoad Company (Rmkoad) and City set forth in the Line Sale Contract
between Rmkoad and Grantor of July 2, 1993, adopted pursuant to City of Denton Ordmance
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, lnteflocal agreements and Grantor's perpetual and
superior right to mamtmn a trail system and expand the type and number ofpubhc utilities w~thln
the City's junsdmtlon to maintain and operate within the property described m Exlublt "A",
which easement is for the passage of vehicular and pedestrian traffic, along with the customary
uses attendant thereto, over, under, through, across and along all that certain tract or parcel of
land descnbed in Exlublt "A", attached hereto and made apart hereof by reference for all
purposes.
This easement is for the purpose of constructing, using and maintaining a public street at the
grade and m accordance w~th the such plans attached hereto m Exlublt A specifications whtch
will best serve the public while at the same time protecting the integrity of the ex~sting raakoad
roadbed and aeeommodatmg the construction of the Denton Branch Raft/Trail Project as
envisioned by the lnterloeal 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
Persons responsible for the construction of improvements witlun tbas easement shall comply with
the following terms
1 Repmr, modify or reconstruct the street improvements (and customary uses
attendant thereto) authorized above (a) to comply with the interlocat 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 Rafl/Trml Project (b) to repair, modify, reconstruct, install or
construct City's utilities in the easement area
2 Repair and restore any improvements in the easement area, lawfully placed
therein by the City, its agents, employees or independent contractors or by others
pursuant to an easement, agreement or license granted by City or its predecessor,
the Railroad, damaged by the negligence of such persons or their agents,
employees, or independent contractors working in the easement area with such
persons' approval, an constructing and mmntalning a public street
Thas easement will ternnnate ~f the easement area 15 used other than ~n comphance with the
desagn as, reflected an Exbab~t A
EXECUTED flus ] 6 ~day o f ~~/_/-t,C~ , ~/~
CITY OF DENTON, TEXAS
STATE OF TEXAS §
COUNTY OF DENTON §
This Instrument is acknowledged before me, on this //f day of ~(~/~,~,
~ , by MICHAEL W JEZ, City Manager of the C~ty of Denton, Texas, a mum~ipal
corporation, known to me to be the person whose name is subscnbed to the foregoing lnstncrnent
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 Council of the City of
Denton and that he executed the same as the act of the smd City for the purposes and
consideration there~n expressed, and in the capacity there~n stated
~x~ ~~'-~ Nota~ l~ubhc, Sta~
Page 2 of 2
EXHIBIT 'A'
LEGAL DESCRIPTION
BEING 8,740 square feet of land located in the JOHN WHITE SURVEY, Abstract No
1433, City of Denton, Denton County, Texas, being a portion of the Old M K. & T
Railroad right-of-way and being more particularly described by metes and bounds as
follows,
BEGINNING at a 1/2" iron rod set in the North right-of-way line of said Old M K & T
Railroad, being the South boundary line of a 57 087 acre tract of land described in deed
to Ep~c~ Development, Inc tract, recorded in Volume 3245, Page 699 of the Real
Propert~ Records of Denton County, Texas, and the proposed West right-of-way line of
Bdnke~ Road (a proposed 80 foot wide right-of-way), lying N 89°11'16"E, 269 38 feet, S
00°34'56"E, 576 60 feet, S 12°14'08"W, 505 81 feet and N 41°26'39"W, 87 87 feet from
a 1/2" iron rod found at an intedor comer of sa,d Epic tract, being the Southwest comer
of a tract of land described In deed to John Karvounlads, recorded in Volume 3405,
Page 50 of the Real Property Records of Denton County, Texas,
THENCE S 41°26°39"E along the North right-of-way of said Old M lC & T. Railroad and
the South boundary line of said 57 087 acre tract, 87 87 feet to a 1/2" iron rod
set In the proposed East right-of-way line of Bdnker Road,
THENCE SOUTHWESTERLY along the proposed East nght-of-way line of Bnnker
Road (a proposed 80 foot wide right-of-way), 108 65 feet along a Curve to the
Right, having a radius of 1140 00 feet, a central angle of 05°27'39" and a
chord beedng S 27°47'01'W, 108.61 feet to a 1/2" iron rod sat in the South
right-of-way line of said Old M K. & T Railroad, being the North boundary line
of a 243 185 acre tract of land described ,n deed to Epic Development, Inc,
recorded in Volume 3245, Page 699 of the Real Property Records of Denton
County, Texas,
THENCE N 41°26'39"W along the South right-of-way of said Old M K & T Railroad
and the North boundary line of said 243 185 acre tract, 84 48 feet to a 1/2"
iron rod set in the proposed West right-of-way line of Bdnker Road,
THENCE NORTHEASTERLY along the proposed West right-of-way line of Bnnker
Road (a proposed 80 foot wide right-of-way), 109 91 feet along a Curve to the
Left, having a radius of 1060 00 feet, a central angle of 05°56'27" and a chord
beedng N 26°07'45'E, 109 86 feet to the PLACE OF BEGINNING, containing
8,740 square feet of land.
Page 1 of 1
W A No 99004
February 1, 2000