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Home My WebLink About2011-009sAlegahour documentslordinances1101dcta ordinance.doc ORDINANCE NO, 2011-009 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE ACQUISITION BY THE DENTON COUNTY TRANSPORTATION AUTHORITY, A COORDINATED COUNTY TRANSPORTATION AUTHORITY CREATED UNDER CHAPTER 460 OF THE TEXAS TRANSPORTATION CODE, OF A PERPETUAL EASEMENT BY EMINENT DOMAIN, UPON, ALONG AND ACROSS (i) AN APPROXIMATE 0.148-ACRE TRACT; AND (ii) AN APPROXIMATE 0.09-ACRE TRACT, A PORTION OF SUCH 0.09-ACRE TRACT BEING LOCATED WITHIN THE ABOVE DESCRIBED 0.148-ACRE TRACT, BOTH TRACTS BEING SITUATED IN THE HIRAM SISCO SURVEY, ABSTRACT NO. 1184, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton County Transportation Authority, a coordinated county transportation authority created under Chapter 460 of the Texas Transportation Code ("DCTA"), is in the process of constructing a commuter rail transportation service ("A -Train") over and across certain lands located both within and outside of the municipal boundaries of the City of Denton, Texas (the "City"); WHEREAS, DCTA is in need of acquiring the perpetual easement upon, along and across certain lands being approximately described in Exhibit "A", attached hereto, a portion of same being reserved in that certain Deed Without Warranty, by and between Union Pacific Railroad Company, as grantor and the City of Denton, as grantee, dated on or about October 31, 2001, and recorded in County Clerk's file number 2001-R0121013, Real Property Records, Denton County, Texas (the "Subject Interest"); WHEREAS, DCTA has attempted to negotiate the purchase of the Subject Interest and has to date been unsuccessful in such negotiations; WHEREAS, acquisition of the Subject Interest by DCTA is necessary for the construction and operation of the A -Train by DCTA; WHEREAS, due to the location of the Subject Interest within the boundaries of the City, Chapter 460 of the Texas Transportation Code requires the approval of the proposed acquisition by the City Council of the City of Denton, Texas for DCTA to exercise its statutory authority to acquire the Subject Interest by eminent domain; WHEREAS, due to DCTA's unsuccessful attempts to acquire the Subject Interest through negotiation, DCTA has requested the City to grant approval of the acquisition of the Subject Interest by DCTA through eminent domain; WHEREAS, the City Council of the City deems it to be in the best interest of the City to grant such approval to DCTA; NOW, THEREFORE, s:Uegal\our documents\ordinances\10\dcta ordinance. doe THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City of Denton, Texas, by and through its City Council, hereby approves the acquisition by DCTA of the Subject Interest, by and through eminent domain, as provided in Section 460.107 of the Texas Transportation Code. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of / Ly 2011. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ` 4 Exhibit A 1 of 2 ALL THAT CERTAIN "TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE I IIILAM SJSCO SURVEY, A➢STRACT NUMBER 1184, DENTON COUNTY, TEXAS, AND BEING A. PART OF A TRACE DESCRIBED IN A DEED TO TEXAS &PACIFIC RAILROAD CO., RECORDED IN VOLUME P, PAGE 434 DEED RECORDS, DENTONCOUNTY, ITY, TEXAS AND BENG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM A FOUND CONMETE MONTYNIENT AT -1-14C SOUTHEAST CORNER OF SAID T kS & PACIFIC RAILROAD CO. TRACTRE•CORDED 1N VOLLIME P, PAGE 434, SAME r BEING THE SOUTHEAST CORNER OF A CALLED IStb TRACT, DESCRIBED IN A DEED TO TRJN1Tf INDUSTRIES INC., RECORDED IN VOLUME 605, PAGE 588. DEED RECORDS, DENTON COUNTY, TEXAS, AND BRINjO ANT INNER ELL CORNER OF LOT 7, JASPER ADDITION, VOLUME 75, PAGE 58 DEED RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 99 DEGREES 52 MINUTES 28 SECONDS WEST WITH TIIE SOIJTI-I L174E OF SAID TEXAS $: PACIFIC RAILROAD TRACT RECORDED IN VOLUME P, PAGE 434.A DISTANCE OF 122.73 FEET TO A RAILROAD SPIKE; THENCE NORTH 09 DEGREES 33 MINUTES 30 SECONDS EAST WITH THE :JEST LINE OF SAID 15th TRACT, A DISTANCE OF.124.44 FEET1"O THE POINT -OF -BEGIN -KING OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 10 DEGREES 09 MINUTES 31 SECONDS WEST, A DISTANCE OF 255.85 FEET; TI-IENCE EAST, A DISTANCE OF24.22 FEET; THENCE NORTH 00 DEGREES 04 MINUTES 4S SECONDS EAST, A DISTANCE OF 34.67 FEET; THENCE SOUTH 10 DEGREES 09 MINUTES 31 SECONDS EAST, A DISTANCE OF 201.98 FEET, THENCE SOUTH 09 DEGREES 33 MINUTES 20 SECONDS WEST, A DISTANCE OF 83.93 FEET TO THE POINT OF -BEGINNING, AND CONTAINING IN ALL 0.148 OF AN ACRE OF LAND; OFFICE OF REAL ESTATF OMAHA, NEBRASKA WRITTEN BY: JCO 157322s. tzt LINE L1 BEARING O933'20' W 9 '1' DISTANCE EASEMENT EXHIBIT `y L3 EAST 04 N OD''48" 48,2 22� RAILROAD TRACK EASEMENT E 34.48' , CURVE C11 RADIUS 404.2, ARC LENGTH CHORD LENGTH CHORD BEARING 02 138,60' 138.0T S T9'S9'S7' E FIELD NOTES TO ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE HIRAM SISCO 464.2T 154.68 154.03' N 23'53'05' 1N SURVEY, ABSTRACT NUMBER 1184 AND BEING PART OF A :TRACT OF LAND DESCRIBED IN A DEED TO CITY OF DENTON-AS RECORDED UNDER COUNTY CLERK'S FILE NUMBER 93-R0058485, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SYCAMORE STREET THE SUBJECT TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A TRpGT OFADEWTO DEVE GlTDY p DEMTOPI CCF#93-R00584B5 ^^� J y`5pcj° L �O A -TRACT OF IAND DEsCR15ED 1N p, DRED TO Tt1E C1v OF p1210oll CCF#2001 p R,P.R.D.G T, EXISTING -TRACK EASEMENT o . 1"=120' GRAPHIC SCALE 60 120 RAILROAD TRACK EASEMENT A,09 ACRE A TRACT O jt4A IDEF.D TO DESCRY TM 1140 U5TR1Es T�CCF#2007-65B R•p•R.D.C.T. a f., ;ar;. .•i,'''1, :i; air..+,. �.• r'iri •,ti rii fir';• i., ,,,$ _+;; �•r.'.�:,<r��i art:}%• ',F,, .,, �. :v jI Tm CONCRETE MONUMENT PRAIRIE STREET BEGINNING AT A POINT FOR THE EASTERNMOST CORNER OF THE TRACT DESCRIBED HEREIN ON THE EAST LINE OF SAID CITY OF DENTON TRACT FROM WHICH A CONCRETE ' MONUMENT FOUND ON THE NORTH R.O,W. LINE OF PRAIRIE STREET AND A SOUTH LINE OF A TRACT OF LAND. DESCRIBED 1N A DEED TO TRINITY INDUSTRIES, INC AS RECORDED UNDER COUNTY CLERICS FILE NUMBER 2007-6585, R:P.R.D,C.T. BEARS SOUTH 15 DEGREES 09 MINUTE$ 41 SECGNI S EAST A DISTANCE OF 289.50 FEET; THENCE SOUTH 09 DEGREES 33 MINUTES 20 SECONDS WEST WITH SAID EAST LINE A DISTANCE OF 46.21 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 484.27 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 23 DEGREES.53 MINUTES 05-SECONDS WEST, 154.03 FEET; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 154.68 FEET TO A POINT FOR CORNER: . . THENCE EAST A DISTANCE OF 22.77 FEET TO A POINT AT AN INNER EL CORNER FOR SAID CITY OF DENTON TRACT (CCF#93-RO05B485); THENCE NORTH 00 DEGREES 04 MINUTES 48 SECONDS EAST WITH THE WEST LINE OF SAID CITY OF DENTON TRACT (CCF#93-RD05B485) A DISTANCE OF 34.48 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 454.27 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 19 DEGREES 59 MINUTES 57 SECONDS EAST, 138,07 FEET; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 138.60 FEET TO THE POINT OF BEGINNING AND ENCLOSING O.D9 OF AN ACRE, MORE OR LESS, KENNETH A ZOLLINGER R.P.L.S. No, 5312 Date 1517 CENTRE PLACE DR. DENTON, T% 78205 (940)382-•3448 JOB NUMBER:060815-04 DRAWN BY: B.E. CHECKED BY: K.A.Z. DATE:6-29-2007 R.P.L•S, KENNETH A. ZOLLINGER 1 1 1 NO ffil I e 1� 1 ", • 1 ,. 1 .1 1 ri lrlr/ WHEREAS, the Denton County Transportation Authority ("DCTA") is a coordinated county transportation authority created pursuant to Chapter 460 of the Texas Transportation Code, as amended, with specific, enumerated powers including, but not limited to, acquiring, constructing, developing, planning, owning, operating, and maintaining a public transportation system within the boundaries of the Denton County, Texas, including the territory of political subdivisions or municipalities partially located in Denton County, Texas; and WHEREAS, DCTA wishes to provide for the health and welfare of the citizens within its service area by exercising its enumerated powers through the development of a public traWortation1' WHEREAS,3 is authorized pursuant to TEX. TRANS. CODE# 1 1 1 exercise the right or power of eminent domain for public purposes to acquire property for the construction, extension, improvement, or development of a public transportation system; and WHEREAS, it is hereby determined that a public necessity exists, and that a public use and purpose for the welfare and convenience of the citizens within Denton County requires the acquisition by DCTA of title to the hereinafter described property for the public purpose of construction, extension, improvement, or development of a public transportation facility; THEREFORE, BE RESOLVED BY BOARD OF DIRECTORS OF THE DENTON COUNTYr, 11' , 1 1• SECTION 1, The DCTA President or designee is hereby authorized and directed to implement the applicable provisions of this Resolution. Union Pacific Railroad Company, as Grantor, to the City of Denton, Texas, as Grantee, filed on November 9, 2001, in Volume 4962, Page 285 1, Official Public Records, Denton County, Texas, said perpetual easement being on, over, and across the real property described in Exhibit "A", attached hereto and incorporated herein by reference ("the Property"). SECTION 3. The Board of Directors finds and declares acquisition by DCTA of the Property is necessary for the public purpose and use for construction, extension, improvement, and development of a public transportation system to be owned, operated, and maintained by DCTA. SECTION 4. DCTA's Chief Executive Officer or his designee is hereby authorized to make an offer of just and adequate compensation to the owner(s) of the Property in an amount based on an appraisal of the Property to be obtained, including damages to the remainder, if any. In the event such offer is accepted, the Chief Executive Officer is authorized to negotiate and sign such contracts and other documents he determines to be reasonable and necessary in order to close on the purchase of the Property. SE, CTION 5. In the event the offer made pursuant to Section 4, herein, is refused or not accepted by the owner of the Property, the DCTA General Counsel is hereby authorized and &W in behalf of DCTA to file the necessary eminent domain proceedings or suit and to take -MMM 1 WWAZ1 1 the Property to acquire the Property as described herein with ine purpose of SUM LILIV TOM the DCTA. S1KCTION 6. If it should be subsequently determined that additional parties other than those named herein have an interest in the Property, then the DCTA General Counsel or designee is authorized and directed to join said parties as defendants in said eminent domain suit. If it is later determined there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the DCTA General Counsel, or designee, is authorized to have such errors corrected or revisions made without the necessity of obtaining Board of Director approval authorizing condemnation of the corrected or revised property. SECT[ON 7. If for any reason any section, paragraph, subdivision, clause, phrase or provision o - f this Resolution shall be held invalid, it shall not affect any valid provisions of this or any other Resolution of the DCTA to which these rules and regulations relate. SECTION S. The Board of Directors hereby finds and declares all prefatory language herein to be true and correct and approves and adopts the same herein as part of this Resolution. SECTION 9. This Resolution shall take effect immediately upon the occurrence of the adoption by the Board of Directors of this resolution; provided, however, Section 5 of this Resolution shall not be el ctive until the effective date adoption by the City Council of the City of Denton,, Texas, pursuant to Tex. Trans. Code §460,107(b)(1), of a resolution approving the acquisition by DCTA of the Property by eminent domain, Page 2 TM 46883 DULY PASSED AND APPROVED BY THE BOARD OF DIRECTORS OF THE DENTON COUNTY TRANSPORTATION AUTHORITY THE 16"' DAY OF DECEMBER, 2010. aZ6�Secretary APPROVED AS 1FORM: C Qit,!ei°y �; €ii�•�r�ari Page 3 TM 46883 EXHIBIT "A" BOUNDARY DESCRIPTION PROPERTY AFFECTED BY THE EASEMENT 1.. ACQUIRED ,! D QB-s 4z) F 4 Lu Lu 7 co toF. In ZONE "X" co g VIC m 4j! R 1. ZONE -X- IPtig s W.=w ROAD ZONE 'AE' �-nmw m3w4e s 8913zf'�� A w s s WITW F LOT 1, BLOM A Elr'- DE4TON RAL STAMON WWW t PONIT OF /--'\DFTAIL "I ZONE 'AE' uj WTpa co -11j- 70NE -X� POWT OF DALLAS AREA RAPID TRANSIT PRELIMINARY z--1 In' 1= W=7= z 11 1 FE&L PLAT LOT 1, BLOCK A, FP--- DENTON RAIL STATION 1775 ACRES L 'TED IN THE CITY OF DENTON, TEXAS OCA AND BEING OUT OF THE HI RAM SISCO SURVEY, ABSTRACT NO. 1184 DENTON CMWT. TEXAS I