2000-414ORDINANCE NO ~
AN ORDINANCE GRANTING APPROVAL OF A SURFACE USE OF A PORTION OF THE
DENTON BRANCH RAIL/TRAIL APPROXIMATELY 500 FEET NORTH OF MAYHILL
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 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 mlnlnuze
harm to the park resulting from 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 public street across the Denton
Branch Raft/Trail since alternative options would not be feasible and prudent, and
WHEREAS, the City provided notice in the Denton Record Chronicle on October 8,
October 15, and October 22, 2000 of a Public Hearing to be held on November 7, 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 November 7, 2000, received testimony at a public
hearing on the issues of no feasible and prudent altematlve 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 Rafl/Trml resulting from the public street crossing, and
WHEREAS, the City Council finds that the project does not fall wlthtn the purview of
Section 253 001 of the Texas Local Government Code, and
WHEREAS, the City Cotmcfl finds that there is no feasible and prudent altematlve to the
use of the park land and that the subject public 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 Mayhfll Road(Loop 288 by-pass) proposed
by the City of Denton (the "Project") shall be constructed and mamtmned 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 an a
manner so that the park land may still be used by its patrons after completion of the Project ~n the
same manner ~t was used prior to the Project A traffic stgnal shall be placed at the street
crossing
SECTION 2 A pubhc street dedlcatton easement wMch ts revocable as reqmred by law
(Nattonal Trails System Act, 16 U S C 1247(d)) shall be composed by the Ctty Manager or bas
designee and approved by the Ctty Attorney allowing the use of the park property for the ProJect
as referenced above w~th appropriate provlston to insure the ~mprovements are constructed in
accordance w~th C~ty Subdlvtmon Rules and Regulations, protects the patrons ustng the park
from tnjury and damage both dunng and after constrnct~on 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 C~ty
SECTION 3 Dunng construction of the Project, temporary use of such addtt~onal park
land necessary to stage the construction of the improvements may be approved by the D~rector of
Parks and Recreation Department However, at the completton of the construction activities for
the ProJect such add~taonal park land shall be restored to the condtt~on to wbach tt existed prior to
the beginning of such construction act~wtles
SECTION 4 The rights and benefits set forth tn tbas ordinance may not be assigned
wtthout the express written consent of the C~ty
SECTION 5 The findings contmned tn the preamble of tbas ordinance are ~ncorporated
~nto the body of tbas ordinance
SECTION 6 This ordtnance shall become effecttve tmmed~ately upon ~ts passage and
approval
PASSED AND APPROVED tbas the ~7~t~ dayof ('k!t~ero~L~ ,2000
ATTEST
JENNIFER WALTER]S, IITY. S~CRETARY
APPROVED AS TO LEGAL FORM
H ERB~~~Y ATT ORNEY
By r...-~ ~r~
EULINE BROCK, MAYOR
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Exhibit A
All that certain tract or parcel of land lying and being situated m the D Lambert survey,
Abstract Number 784, City of Denton, Denton County, Texas, Being part of the tract of
land described m the deed from lVhssoun Pacffic Rmlroad Company to the C~ty of
Denton being recorded under County Clerk's File Number 93-R0058485, and being more
partacularly desca%ed as follows
COMMENCING at the Southwest comer of Lot 1, Block A, Lombard Add,non, an
addition to the C~ty of Denton, as shown by the plat thereof recorded m Cabinet I, Page,
182, Plat Records, Denton County, Texas, And on the East right-of-way of Mayinll Road
said point also being the Northwest comer of a tract described m a deed to Roy Hallford
recorded under County Clerk's File Number 93-R0073462, Real Property Records,
Denton County, Texas,
Thence North 00 Degrees 55 Minutes 40 Seconds East, wath the West line of smd Lot 1
and the East line of smd right-of-way, a thstance of 507 89 feet to a point,
Thence South 89 Degrees 00 Minutes 57 Seconds East, a distance of 197 81 feet to a
point for the begumang ora curve to the Left,
Thence vath said curve to the Left having a central angle of 11 Degrees 25 Minutes 54
Seconds, a Radius of 460 00 feet, an Arc Length of 91 78 feet, and a Chord winch bears
North 85 Degrees 16 M_mutes 06 Seconds East, a thstance of 91 63 feet to a point on the
West right-of-way line of the Said Massoun Pacffic Railroad Company tract, at the
begummg ora curve to the Left and the POINT OF BEGINNING of the hereto described
tract;
Thence vath said curve to the Left having a Rachus of 460 00 feet and a Central Angle
that bears 12 Degrees 36 M_mutes 02 Seconds an Arc Length of 101 16 feet and Chord
winch bears North 73 Degrees 13 Minutes 31 Seconds East a distance of 100 96 feet to a
point and the begummg of a curve to the Rtght,
Thence wath smd curve to the Pdght having a Rathus of 1959 24 feet and a Central Angle
that bears 02 Degrees 20 Minutes 24 Seconds an Arc Length of 80 02 feet and a Chord
winch bears South 24 Degrees 05 Minutes 35 Seconds East a dxstance 80 01 feet to a
point and the begummg of a curve to the Raght,
Thence vnth smd curve to the Raght having a radxus of 540 00 feet and a Central Angle
that bears 10 Degrees 38 Minutes 47 Seconds an Arc Length of 100 34 feet and a Chord
winch bears South 72 Degrees 05 Minutes 25 Seconds West a dmstance of 100 19 feet to a
point and the begummg of a curve to the Left,
Thence wath smd curve to the Left having a Rathus of 1859 24 feet and a Central Angle
that bears 02 Degrees 31 Manures 46 Seconds an Arc Length of 82 08 feet and a Chord
winch bears North 24 Degrees 27 Minutes 33 Seconds West a d~stance of 82 08 feet to
the POINT OF BEGINNING and containing m all 0 186 Acres of land
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PUBLIC STREET DEDICATION EASEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENT
That the City of Denton, Texas, a municipal corporatxon (the "Cxty"), for and an consxderatIon of
the sum of [$__ per square foot for the property described xn Exhibit "A"]
DOLLARS ($ ) hereby dedicates to the pubhc's
use an easement for public street purposes, subject to the reversionary rights and privileges of
Missouri Pacific Railroad Company (Railroad) and City set forth an the Lane 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 mmntaIn a trail system and expand the type and number of public utilities w~thIn
the City's jurisdiction to malntmn and operate w~than the property described an Exhibit "A",
which easement ~s for the passage of vehicular and pedestrian traffic, along wtth the customary
uses attendant thereto, over, under, through, across and along all that certmn tract or parcel of
land described an Exhibit "A", attached hereto and made apart hereof by reference for all
purposes
Th~s easement IS for the purpose of constructing, using and maintaining a pubhc street at the
grade and in accordance with the such plans attached hereto m Exhibit A specifications which
wall best serve the public while at the same t~me protecting the ~ntegrlty of the existmg rmlroad
roadbed and accommodating the construction of the Denton Branch Rail/Trail ProJect as
envisioned by the anterlocal 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 w~thln this easement shall comply with
the follov~ng terms
Repair, modify or reconstruct the street ~mprovements (and customary uses
attendant thereto) authorized above (a) to comply with the anterlocal agreement
referenced in Ordinance No 95-277 above or any agreement between Federal or
State agencies reqmred to receive funding for the construction and maintenance of
the Denton Branch Rail/Trail Project (b) to repair, modify, reconstruct, ~nstall or
construct City's utilities m the easement area
2
Repaxr and restore any improvements ~n the easement area, lawfully placed
therein by the City, ItS agents, employees or ~ndependent contractors or by others
pursuant to an easement, agreement or license granted by City or ~ts predecessor,
the Rmlroad, damaged by the negligence of such persons or their agents,
employees, or ~ndependent contractors working in the easement area with such
persons' approval, an constructing and malntamlng a pubhc street
This easement will terminate if the easement area is used other than in compliance with the
design as reflected m Exhibit A
EXECUTED this
day of
CITY OF DENTON, TEXAS
Michael W j~/r !
City Manage/~
STATE OF TEXAS §
COUNTY OF DENTON § ~ ~
This instrument is acknowledged before me, on this q dayof ~~ ,
~by MICHAEL W JEZ, City Manager of the City of Denton, Textas, a municipal
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 Denton, Texas, a municipal
corporatmn, that he was duly authorized to perform the same by the C~ty 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 thereinNot!//l/~/~'ublIc,e~' State of T~e d
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