1999-465 NO f-
DENTON 000
KO~ FOK THE P~OSE OF A P~LIC ST~ET ~ ACCO~ANCE ~TH C~TE~
coo ,
OF AN EASEMENT, ~ PROVinG AN EFFECTIVE DATE
~B~AS, Section 26 001 of ~e Texas P~ks of Wfldhfe Code prowdes ~at pubhc
l~d desolated ~d used as a p~k may be used for a non-park p~ose ~fthe C~ty Council finds
a~er notme md he~n~ ~at there m not a feasible ~d prudent altemat~ve to the use of such l~d
for ~e proposed project ~d the proposed project ~ncludes all reasonable pl~ng to m~mm~ze
the h~ to ~ p~k result~n~ ~om such use, ~d
~AS, the C~ty of Conn~ desires to ~mprove pubhc ~sponatmn to ~e C~V of
Connth by ~nstallmg 100 lme~ feet of fill across ~d over a culve~m~el for a pubhc s~eet,
~d
~B~AS, ~e C~ty of Connth desires to cons~ct the pubhc s~eet across the Denton
Brach ~Trml s~nce ~temahve optmns would not be fe~ble ~d prudent, ~d
~B~AS, on November 10, 1999, ~e P~ks ~d Recreatmn Bo~d held a meeting md
received testimony ~om C~ty staff ~d c~t~zens reg~d~ng the alternative for ~nstalhng the pubhc
street project on the Denton Brach Rm~Trafl ~d reco~ends m the C~W Co.cfi ~at ~e ~s
no fe~ble md prudent ~temat~ve to the use of the P~k l~d, ~d
~B~AS, ~e C~ty provided notme ~n the Denton Record CMomcle on Novmber 7,
Novemb~ 14, ~d November 21 of a Pubhc He~ng to be held on December 7, 1999 ~n the
Co.cfi Ch~bers m consider the alternatives to the use of C~ty P~k for ~e subject street
project, ~d
~B~AS, ~e C~ty Co.cfi on Decemb~ 7, 1999, received testimony ~om C~ st~f
~d c~t~zens reg~d~n~ alternatives to the use of ~e Denton Brach Rml/Tra~l for ~s pubhc
s~eet, whmh ~ncludes, but ~s not hm~ted to, the following
a Select ~o~er route ~ough the C~ty that would pass across ~e Km~Trafl at ~
exmt~n~ pubhc s~eet c~ss~n~ the ~ml Th~s would not prowde ~e thoroug~e
rout~n~ desired to ~cess a new park ~d subd~wsmn ~d could d~smpt exmUng C~ty
s~eets
b Te~mate ~ publm street locahon
Cons~ct a b~dge over the Rml/Trml at a railroad-specified he~t of 22 ~ feet T~s
~s not feasible at ~s t~me due to the elevation of the Interstate 3~E
bndge/mt~ch~ge
d, Cons~ct ~ at-~ade ~rossmg w~th proper safeW eqmpment ~d ~af~c ~ontrols
Th~s ~s not feasible due to the elevation of the Interstate 3~E mterch~ge on ~e west
WHEREAS, the City Council finds that the fact situation discussed above does not fall
within the purview of Section 253 001 of the Texas Local Government Code, and
WHEREAS, the Cay Council finds that there as no feasible and prudent alternative to the
use of the~ Park land and that the public street project when constructed in accordance with the
provisions of the easement as described below wall minimize the harm to the park land resulting
from the proposed use and the surface of such park land effected shall remain useable for the
park patrons unee the construction of the public street improvements are completed, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
T~ That the publac street proposed by the City of Connth, be constructed and
malntaaned above the surface of the park property described in Exhlbat A, which IS attached
hereto and made a part hereof for all purposes, and that the surface of the park after anstallatIon
of the public street be constructed in 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 pubhc street
project
~ That an easement which is revocable as required by law (National Trails
System Act, 16 U S C 1247(d)) be composed by the City Manager or his designee and approved
by the City Attorney allowang the use of the park property as referenced above with appropriate
provision to insure the improvements are constructed In accordance with City Subdlvlsaon Rules
and Regnlatlons, protects the patrons usang the park from injury and damage both dunng and
after construction of the project, compensates the City for the reasonable market value of the use
here~n granted and generally protect the health, safety and general welfare of the City
~ That dunng construction of the improvements above, City of Connth may
have temPorary use of such additional park land necessary to stage the construction of the
amprovements as may be approved by the Director of Parks and Recreation Department and at
the completion of the construction aetivltaes for the above improvements such additional park
land shall be restored to the conchtaon to which it existed prior to the beginning of such
construction activities
SECTION 4 Should the Caty of Corinth desire the tunnel alignment in Exhibit A be
modlfied; a new apphcatIon under Chapter 26 must be processed
~ Should the City of Denton reactivate rail service in the Rafts-to Trails
right-of-way, the City of Connth agrees to install a signalized crossing at its expense
~ That the rights and benefits set forth In this ordinance may not be assigned
without the express written consent of the City
~ That the easement above grantee shall, to the extent allowed by law,
constitute a covenant rurmmg w~th the land and be filed m the Deed Records of Denton County,
Texas
Page 2 of 3
SECTION 8 That flus ordinance shall become effective immediately upon its passage
and approval
1999
JAC~]LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 3 of 3
PUBLIC STREET EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENT
COUNTY OF DENTON §
That the C~ty of Danton, Texas, a mumc~pal corporation (Grantor), for and m cons~deratiun of
the sum of [$0.26 p~r square foot for the property d~s~nbad m Exhibit "A"] F~ve Thousand
Two Hu~drad Fifty Four ($5.254 00) DOLLARS to the undersigned m hand prod by the C~ty of
Corinth, a mumc~pal corporation (Grantee), the receipt of which ~s hereby acknowledged and
confessed, has granted, sold and conveyed and does hereby grant, sell and convey unto sa~d
Grantee, ~ts suecassors and assigns, subject to the reversionary rights and privileges of M~ssoun
Pacific Rmlroad Company (Rmlroad) and Grantor set forth m the Line Sale Contract between
Rmlroad and Grantor of July 2, 1993, adopted pursuant to C~ty of Denton Ordinance No 93-177
and hrmted by 16 U S C 1247 (d), section 8(d) of the National Trml System Act and subject to
easements and hcanses of record, mterlocal agr~ments and Grantor's perpetual and SUl~nor
right to maintain a trml syst~n and expand the type and number of pubh¢ utthties within
grantor's juns&ction to maintain and operate within the prop~' described m Exh~btt "A", an
easement for the passage of velucular and pedest~an traffic, together with the customary uses
attendant thereto, over, under, through, across and along all that certain lot, tract, parcel of land
descnbad m Exhibit "A", attached hereto and made apart hereof by reference for all purposes
The Grantee m acqutrmg th~s easement for the purpose of constructing, using and maintaining a
pubhc street at the grade and m accordance with the such plans attached hereto m Exlub~t A
specifications wtuch will best serve the pubhc wlnle at the same time protecting the integrity of
the ex~stmg rmlroad roadbed and eccommodatmg the construction of the Denton Branch
RmFTrml Pro.~ect as enws~oned by the mterlocal agreement between the C~ty of Denton and the
Texas Dep~hnent of Transportation dated November 7, 1997 and adopted pursuant to C~ty of
Denton Ordinance No 95-227
Orantee, by talong possession of th~s easement (e g, grading or prepanng the rmlroad roadbed
for street construction) agrees to comply with the following terms
1 Repmr, mo&fy or reconstruct the street ~mprovements (and customary uses
attendant thereto) authorized above at Grantee's expense ~f same ~s reqmrad for
Grantor (a) to comply with the mterloeal agreement referenced m Ordinance No
95-277 above or any agreement between Federal or State agencies reqmred to
receive funding for the construction and mamtenance of the Denton Branch
Rml/Trml Project (b) to repmr, mo&fy, reconstruct, install or construct Grantor's
utilmas m the easement area
2 Repmr and restore any unprovements m the easement area, lawfully placed
thereto by Grantor, ~ts agents, employees or independent contractors or by others
pursuant to an easement, agreement or hcense granted by Grantor or ~ts
predecessor, the Rmlroad, damaged by the neghgence of Grantee or ~ts agents,
employees, or independent contractors working m the easement area w~th
Grantee's approval, m constructing and maintaining a pubhc street To the extent
permitted by law, Grantee agrees to ~ndemmfy and hold harmless Grantor, its
officers, employees, agents (whach may include the Texas Department of
Transportation) and ~ndependent contractors from all clmms or habtht~es due to
aet~wt~es of Grantee, ~ts officers, employees, agents, and mdependent contractors
Addat~onally, to the extent permitted by law, the Grantee shall hold harmless the
Grantor, ~ts officers, employees, agents (TxDOT) and independent contractors
from any and all expenses, including attorney fees and court costs which may be
mcurred by the Grantor and the ent~t~es above m pnwty w~th Grantor (e g,
TxDOT) m ht~gatlon or otherwise resisting smd clmm or habd~t~es wbach m~ght
be ~mposed or the Grantor or those m pnwty w~th Grantor as a result of such
aet~wt~es by the Grantee, ~ts officers, employees, agents or independent
contractors
Th~s easement wall terminate ff the easement area ~s used other than m comphance with the
Dalhoma Trad Tunnel design as reflected m Exhibit A Any modaficat~on of the Rml/Trad
crossing resulting m an at-grade crossing for pedestrians must be approved through the Chapter
26 process set forth in the Texas Parks & W~ldhfe Code Should the C~ty of Denton reactivate
rml service across tbas easement, the City of Connth agrees to install a slgnahzed crossmg at ~ts
expense
TO HAVE AND TO HOLD the above described easement, together w~th all and singular the
nghts and appurtenances thereto m any w~se belonging unto the sa~d Grantee, ~ts successors, and
assigns forever, and Grantor ~s hereby bound, together w~th all he,rs, executors, adm~mstrators or
successors, to warrant and forever defend all and singular the sa~d easement unto the Grantee, ~ts
successors and assigns, agoanst every person whomsoever lawfully ela~mmg, or to claim the
same or any part thereof, subject only to the rights and hm~tat~ons contained m the Line Sale
Contract and other documents incorporated into adoption of C~ty of Denton Ordinance No 93-
117
E×ECUTEDthls day of ,
CITY OF DENTON, TEXAS (Grantor)
CITY MANAGER
Page 2 of 4
APPROVED ttus ..-~'~" day of/c~:~r./m.'~-r ,..%..,~ , by ~e C,ty Co~ml of
· e C~W of Conn., Tex~
ATTEST
City Secretary, City of Connth, Texas
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument is acknowledged before me, on this r~./J~ day of ~P_{oCtl&~/ ,
t
,:,QDOO , bySh~c~, ~,ml{ecboec~ , Mayor of the City of Connth, Texas, a municipal
corporataon, known to me to be the~aerson whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the smd City of Connth, Texas, a
municipal corporation, that he/she was duly authorized to perform the same by the City Council
of the Clty of Connth and that he/she executed the same as the act of the said City for the
purposes and conslderatlon therein expressed, and in the capacity therein stated
/ ~.~xC.~,~/ ~ c*~ ~r~ I No--T'~ar~- Pubhc, St atcFo/f Te'xas
Page 3 of 4
STATE OF TEXAS §
COUNTY OF DENTON §
Th,s ,nstmment ,s acknowledged before me, on th,s 7~-~ day o£
/qqq, by MICHAEL W JEZ, City Manager of the City of Denton, Texas, a murat,pal
corporaUon, known to me to be the person whose name ~s subscribed to the foregoing mstnnuent
and acknowledged to me that the same was the act of the smd C~ty of Denton, Texas, a mumc~pal
corporatmn, that he was duly authonzed to perform the same by the C~ty Councd of the C~ty of
Denton and that he executed the same as the act of the smd City for the purposes and
consideration thereto expressed, and m the capamty there~n stated
~ ';~[~-~ MAY ~, l~OOa
Page 4 of 4
LEGAL DESCRIPTION
BEING a tract of land situated ua the J M Walton Survey, Abstract No 1389, City of Connth,
Denton County, Texas, and being a pomon of that tract being now or formerly owned by the
Missouri, Kansas, and Texas Rmlroad, said tract being more particularly described by metes and
bounds as follows
COMMENCINO at the southeast comer of that tract of land as described by deed to Pmnell-
Ford, L C, as recorded ua Denton County Clerk's File No 97-R0084160 of the Real Property
Records of Denton County, Texas, smd point also being ua the easterly right-of-way luae of
Interstate Highway 35-E (variable m w~dth) and the begummg of a curve to the left,
THENCE 288 04 feet along the arc of smd curve to the left, and with said easterly right-of-way
line, through a central angle of 08°25'14", having a radms of 1959 86 feet, the long chord of
which bears S 41 °56'07"E, 287 78 feet, the beglmung ora curve to the right and the POINT OF
BEGINNING,
THENCE 104 47 feet along the arc of smd curve to the right, through a central angle of
02°18'40'', having a rachus of 2590 00 feet, the long chord of wbach bears N 55 °25'14"E, 104 46
feet to the west line of that tract of land as described by deed to Pmnell-Ford, L C, as recorded m
Denton County Clerk's File No 97-R00,~6701 and the beginning of a curve to the left,
THENCE 199 03 feel along the arc of smd curve to the left and w~th said west hne, through a
cenU:al angle of 06°07'53'', having a radius of 1859 86 feet, the long chord of which bears
S 49°59'40"E, 198 93 feet to the begmmng ora curve to the left,
THENCE 108 63 feet along the arc of said curve to the left, through a central angle of 02°35'36",
hawng a radius of 2400 00 feet, the long chord ofwl'nch bears S 56°38'02"W, 108 62 feet to the
easterly right-of-way line of Interstate Highway 35-E (variable m w~dth) and the beginning ora
curve to the right,
THENCE 195 73 feet along the arc of smd curve to the right, and with said easterly right-of-way
luae, through a central angle of 05°43'19", having a radms of 1959 86 feet, the long chord of
which bears N 49°00'24"W, 195 65 feet to the POINT OF BEGINNING and con~a~mng 20,206
square feet or 0 464 acres of land more or less
C&B Job No 981820014
S#DC October 4, 1999
J \JOB\9818200 l\SUR\WPkLEG\981820EX LGL Page 1 of 1
I P INNELL FORD
COUNTY CLERK' S F
NO. 97-R0084160 REAL PROPERTY
R£COROS, DENTON COUNTY TEXAS/
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