2000-176 ORDINANCE NO
AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF
THE DENTON BRANCH RAIL/TRAIL AT SHADY OAKS DRIVE FOR THE PURPOSE OF
A DRAINAGE EASEMENT 1N 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 heanng 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 drainage easement of
approximately 100 linear feet across the trml for proper stormwater drmnage, and
WHEREAS, Shady Oaks Industrial Park desires to construct a stormwater drainage pipe
across the Denton Branch frei/Trail mnce alternative options would not be feasible and prudent,
and
WHEREAS, the City provided notice in the Denton Record Chromcle on April 23, April
30, and May 7, 2000 of a Public Heanng to be held on May 16, 2000 in the Council Chambers to
consider the alternataves to the use of City Park for the subject stormwater drmnage easement,
and
WHEREAS, the City Council on May 16, 2000, 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 mlmmlze 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 stonnwater drmnage 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
i~uC~LO__h~ The Drainage Easement and stormwater pipeline proposed by the Shady
Oaks Inthlstnal Park (the "ProJect") shall be constructed and malntmned below the surface of the
park property described m 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 stormwater drainage pipe shall
be constructed m a manner so that the park land may still be used by its patrons after completion
of the Project m the same manner it was used prior to the ProJect
~ A drmnage easemant which is revocable as required by law (National
Trmls 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 provm~on 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 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
SE__.~_QT.!.O.I~I~ 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 activities for
the Project such additional park land shall be restored to the condition to which it existed pnor to
the beginning of such construction activities
~ The rights and benefits set forth in this ordinance may not be assigned
without the express written consent of the City
~ The findings contamed in the preamble of this ordinance are incorporated
into the body of thts ordinance
~ This ordinance shall become effective immediately upon its passage and
appmval
of
PASSED AND APPROVED thlsthe /~ - day ~g~, ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY~~~~~
APPROVED AS TO LEGAL FORM
HERBE~RO~TORNEY
By ~g'/ Page 2 of 2
FIELD NOTES FOR A 16' WIDE DRAINAGE
AND UTILITY EASEMENT
BEING 0 029 ACRES OF LAND SITUATED IN THE W TEAGUE SURVEY, ABSTRACT NUMBER
1266, CITY IF DENTON, DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS,
BEGINNING AT A IA INCH IRON ROD FOUND AT THE INTERSECTION OF THE SOUTHEAST
RIGHT-OF-WAY LINE OF SHADY OAKS DRIVE (AN 80' RIGHT-OF-WAY) AND THE
SOUTHWEST RIGHT-OF-WAY OF M K T RAILROAD (A 100' RIGHT-OF-WAY NOW
ABANDONED), SA]E) PIN ALSO BEING THE NORTH]~KN MOST NORTHERNLY CORNER OF
LOT 9B, BLOCK C, OF SHADY OAKS INDUSTRIAL PARK, RECORDED IN CABINET D, PAGE 67,
PLAT RECORDS, DENTON cOUN'I~, TEXAS,
THENCE ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 05 DEGREES 03
MINUTES 42 SECONDS, A RADIUS OF 910 00 FEET, AN ARC DISTANCE OF 80 39 FEET, AND A
CHORD BEARING OF NORTH 2'7 DEGREES 36 MTN-LrrES 40 SECONDS EAST TO A POINT FOR A
CORNER,
THENCE SOUTH 64 DEGREES 55 IVIINUTI~S 11 SECONDS EAST, A DISTANCE OF 16 00 FEET TO
A POINT FOR A CORNER,
THENCE ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 05 DEGREES 03
~S 42 SECONDS, A RADIUS OF 926 00 FEET, AN ARC LENGTH OF 81 80 FEET, AND A
CHORD BEARING OF SOUTH 27 DEGREES 36 MINLG'ES 40 SECONDS WEST, TO A CORNER ON
THE SOUTHWEST RIGHT-OF WAY OF M K T RAILROAD AND THE NORTH LINE OF SAID LOT
9B, BLOCK C, OF SHADY OAKS INDUSTRIAL PARK,
THENCE NORTH 59 DEGREES 51 MINUTES 27 SECONDS WEST WITH THE NORTH LINE OF
SAID LOT 9B, BLOCK C, OF SHADY OAKS INDUSTRIAL PARK, A DISTANCE OF 16 00 FEET TO
THE POINT OF BEGINNING
/
//
LOT 9B
BLOCK C
GARY