2010-305SALegaROur Documenlsl0rdh=cesll010CTA ROE Rail Line Ordinance no redline. docx
ORDINANCE NO. 2010-305
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, EXTENDING THE TERM OF A
RIGHT OF ENTRY AND POSSESSION DATED MARCH 3, 2009, AS EXTENDED ON
MAY 5, 2009, AS EXTENDED AND EXPANDED ON JUNE 23, 2009, AS EXTENDED AND
EXPANDED ON SEPTEMBER 1, 2009, AS EXTENDED ON SEPTEMBER 15, 2009, AS
EXTENDED AND EXPANDED ON SEPTEMBER 22, 2009, AS EXTENDED ON
NOVEMBER 3, 2009, AND AS EXTENDED ON DECEMBER 11, 2009 (AS AMENDED
AND EXTENDED, THE "RIGHT OF ENTRY"), IN FAVOR OF THE DENTON COUNTY
TRANSPORTATION AUTHORITY (DCTA) AND AUTHORIZING DCTA TO ENTER
UPON AND TAKE POSSESSION OF CERTAIN REAL PROPERTY OF THE CITY OF
DENTON FOR THE PURPOSE OF PERFORMING ACTIVITIES AS DESCRIBED IN THE
RIGHT OF ENTRY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas is a Home-Rule City and a Municipal
Corporation (hereafter "Grantor"), and claims an interest in and to the following described tracts
of land:
(a) All of that certain lot, tract, or parcel of land described in that certain
Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton,
Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No. 93-
R0058485 in the Real Property Records of Denton County, Texas; as corrected by
that certain Correction Quitclaim Deed, dated June 1, 2001, and filed for record in
the Real Property Records of Denton County, Texas as Volume 4857, Page
02021; as corrected by that certain Correction to Correction Quitclaim Deed,
dated June 28, 2001, effective June 13, 2001, and filed for record as Clerk No.
2001-R0076013 in the Real Property Records of Denton County, Texas (the "Rail
Corridor"); and (b) a portion of that certain lot, tract or parcel of land described in
that certain Deed Without Warranty from Union Pacific Railroad Company to the
City of Denton, Texas, dated October 31, 2001, filed of record in Volume 4962,
Page 2851, Real Property Records, Denton County, Texas and being depicted on
Exhibit "A", attached hereto and made a part hereof for all purposes (the
"Platform Property").
WHEREAS, the City of Denton, Texas quitclaimed the Rail Corridor to the Dallas Area
Rapid Transit Authority ("DART") by Quitclaim (herein so called) dated on or about February
16, 2010; and
WHEREAS, the Denton County Transportation Authority (hereafter "DCTA") has
acquired or expects to acquire an easement or other rights in the Rail Corridor from DART, as
successor in interest to the City of Denton, Texas, for the purpose of constructing, operating and
maintaining DCTA's passenger rail line (the "Project") for approximately eight miles, extending
southward through the City of Denton, and much of which tract lies within the City of Denton,
Texas; and
WHEREAS, DCTA expects to acquire fee simple title to the Platform Property from the
City of Denton, Texas, for purposes related to the Project; and
s:\legal\our documents\ordinances\10\dcta roe rail line ordinance no redllne.docx
WHEREAS, DCTA needs immediate possession of the Platform Property in order to
prepare the Platform Property for DCTA construction activities, pending final negotiation of the
terms of the sale of the Platform Property with the City of Denton; and
WHEREAS, both the City of Denton and DCTA recognize the urgency of commencing
construction on the Project as soon as is reasonably possible; and
WHEREAS, on March 3, 2009 the City Council adopted Ordinance No. 2009-059
authorizing the execution of a Right of Entry to DCTA; and
WHEREAS, on May 5, 2009 the City Council adopted Ordinance No. 2009-118
extending the expiration of the Right of Entry for a period of 30 days from the date of expiration
set forth in Ordinance No. 2009-059; and
WHEREAS, on June 23, 2009 the City Council adopted Ordinance No. 2009-149
expanding the scope of activities and extending the term of the said Right of Entry until
September 8, 2009; and
WHEREAS, on September 1, 2009 the City Council adopted Ordinance No. 2009-195
expanding the scope of activities and extending the term of said Right of Entry through
September 15, 2009; and
WHEREAS, on September 15, 2009 the City Council adopted Ordinance No. 2009-213
extending the term of said Right of Entry through September 22, 2009; and
WHEREAS, on September 22, 2009 the City Council adopted Ordinance No. 2009-241
expanding the scope of activities and extending the term of said Right of Entry through
November 6, 2009, at 5:00 pm; and
WHEREAS, on November 3, 2009 the City Council adopted Ordinance No. 2009-286
extending the term of said Right of Entry through December 14, 2009; and
WHEREAS, on December 11, 2009, the City Council adopted Ordinance No. 2009-308
expanding the property covered by, and extending the term of, the Right of Entry to (1) as
concerns the Rail Corridor, the earlier to occur of March 16, 2010, at 5:00 p.m. or the date of
conveyance of the Rail Corridor from the City of Denton to DART, pursuant to that certain
Contract of Sale, by and between the City of Denton and DART, dated on or about December 8,
2009; and (2) as concerns the Platform Property, the earlier to occur of December 8, 2010 and
the date of the conveyance of the Platform Property from the City of Denton to DCTA pursuant
to a Contract of Sale contemplated to be entered into between the City of Denton and DCTA;
and
WHEREAS, as a result of the Quitclaim of the Rail Corridor to DART, the Right of
Entry has expired and terminated as to, and only as to, the Rail Corridor;. and
WHEREAS, the City Council deems it to be in the best interest of the City to extend the
term of the said Right of Entry in favor of DCTA as set forth herein as concerns the Platform
Property; NOW, THEREFORE,
Page 2 of 3
s:llegallour documentslordinanceskINcta roe rail line ordinance no redline.doex
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The term of the Right of Entry shall be extended, as concerns the Platform
Property, to April 8, 2011. Upon the occurrence of the date described above, the Right of Entry
shall terminate and be of no further force and effect.
SECTION 2. The Right of Entry, pursuant to the terms thereof, expired and terminated
as to the Rail Corridor as of February 16, 2010
SECTION 3. The authority granted DCTA pursuant to this Ordinance shall be
conditioned upon DCTA's compliance with all applicable federal, state or local laws and
regulations including, but not limited to, any and all City of Denton mandated standard
requirements, procedures and processes for obtaining permits prior to the commencement of any
activity authorized herein. Failure to comply with all such requirements, including the obtaining
of required permits, prior to the commencement of such activities shall cause the immediate
suspension of all authority granted DCTA pursuant to this ordinance and the Right of Entry.
SECTION 4. Except as otherwise modified herein, the terms of the Right of Entry shall
remain valid and subsisting, insofar as it covers the Platform Property, as originally provided, as
amended and extended, as set forth in this Ordinance.
SECTION 5. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~ day of , 2010.
MARK A. RURRCFUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ►
U--
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 3 of 3