2015-023s: \legal \our documents \real estate \transportation \dcta \mn transit center real property conveyance ordinance final.docx
ORDINANCE NO, 2015 -023
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE REAL
PROPERTY CONVEYANCE OF THE DOWNTOWN DENTON TRANSIT CENTER FROM
THE CITY TO THE DENTON COUNTY TRANSPORTATION AUTHORITY IN
ACCORDANCE WITH THE TERMS OF INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY AND DCTA (ORDINANCE NO. 2008 -098); AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, on May 6, 2008, the City Council of the City of Denton, Texas ( "City ")
approved in Interlocal Cooperation Agreement ( "Agreement ") with the Denton County
Transportation Authority ( "DCTA ") regarding the construction of the Euline Brock Downtown
Denton Transit Center ( "DDTC ") on City owned real property;
WHEREAS, the Agreement contemplated the conveyance of personal property related to
the DDTC, the real property on which the DDTC is located, including improvements on the
same, and any remaining Federal Transit Administration (FTA) funding or grant interests (all of
which are all hereinafter referred to as "the Assets "), to DCTA after compliance with the terms
and conditions of the Agreement;
WHEREAS, the City funded one - hundred (100 %) percent of the local government share
of the DDTC project ($777,423.00) and DCTA is required to reimburse the City for the
remaining fifty (50 %) percent of the same ($388,711);
WHEREAS, DCTA is entitled to a credit of $20,000.00 against its reimbursement
obligation to the City for monies advanced by the DCTA for additional construction costs and,
after the deduction of the credit, is obligated to reimburse the City the amount of $368,711.00 as
the remaining portion of the local government share of the federal grant;
WHEREAS, the City has expressed its intent to transfer the Assets to DCTA upon
reimbursement of DCTA's local share obligation to the City of $368,711;
WHEREAS, DCTA has informally expressed an intent to acquire and procure the Assets
after payment of its reimbursement obligation to the City; and
WHEREAS, once the final terms and conditions of the Agreement have been fulfilled,
specifically DCTA's payment of its reimbursement obligation to the City, the City is prepared to
convey the Assets to the DCTA; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON ORDAINS:
SECTION 1. The recitals provided in this Ordinance, as set forth above, are adopted by
the City Council as findings of the City Council.
s: \legal \our documents\real estate \transportation \dcta \mn transit center real property conveyance ordinance final,docx
SECTION 2m. After receiving formal intent from DCTA to acquire and take possession
of ownership of the Assets, and receipt of $368,711 from DCTA, the City Manager, or his
designee, is authorized to:
a. Execute a Special Warranty Deed, in substantially the same substance and
form attached and any other documents necessary for the real property conveyance of the
DDTC, including improvements thereon, to DCTA.
b. Pending approval of the Federal Transit Authority, execute documents
necessary to effectuate a transfer of any remaining FTA funding or grant interests to
DCTA.
C. Execute documents necessary to effectuate a transfer of the personal
property to DCTA.
SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2015.
CHI I:S WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By.
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER
SPECIAL WARRANTY DEED
STATE OF TEXAS §
COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS
DATE:
GRANTOR: City of Denton, Texas, a Texas home rule municipal corporation
GRANTOR'S MAILING ADDRESS:
215 East McKinney
Denton, Texas 76201
GRANTEE: Denton County Transportation Authority, a Coordinated County Transportation
Authority under Chapter 460 of the Texas Transportation Code
GRANTEE'S MAILING ADDRESS:
1660 South Stemmons, Suite 250
Lewisville, Texas 75067
CONSIDERATION:
Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of same herein acknowledged.
PROPERTY:
The Surface Estate Only of Lot 1, Block A, Denton Transit Center, an addition to
the City of Denton, Denton County, Texas, according to the plat thereof filed as
instrument No. 2011 -115, Plat Records, Denton County, Texas.
RESERVATIONS FROM CONVEYANCE:
1. There is reserved for Grantor and Grantor's successors and assigns, a perpetual and
permanent easement for dedicated parking and the free and uninterrupted use and liberty
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of passage in, on, along, over, upon, under, and across that portion of the Property
described as "CITY of DENTON DEDICATED PARKING EASEMENT" and as shown
on Final Plat of Lot 1, Block A, Denton Transit Center, City of Denton, Denton County,
Texas, filed as instrument No. 2011 -115, Plat Records, Denton County, Texas.
2. There is reserved for Grantor and Grantor's successors and assigns, a perpetual and
permanent easement for Common Access and the free and uninterrupted use and liberty
of passage in, on, along, over, upon, under, and across that portion of the Property
described as "Common Access Easement" and as shown on the Final Plat of Lot 1, Block
A, Denton Transit Center, City of Denton, Denton County, Texas, filed as instrument No.
2011 -115, Plat Records, Denton County, Texas.
3. There is reserved for Grantor and Grantor's successors and assigns, a perpetual and
permanent easement for Road Way and the free and uninterrupted use and liberty of
passage in, on, along, over, upon, under, and across that portion of the Property described
as Remainder of 25' x 667' Road Way Easement, Volume 232, Page 395. D.R.D.C.T.
and as shown on the Final Plat of Lot 1, Block A, Denton Transit Center, City of Denton,
Denton County, Texas, filed as instrument No. 2011 -115, Plat Records, Denton County,
Texas, and the Road Way Easement recorded as Volume 232, Page 395, Denton County
real property records.
4. To the extent not previously reserved by prior Grantors, there is reserved for Grantor and
Grantor's successors and assigns, all oil, gas, and other minerals owned by Grantor
located in and under, and that may be produced from, the Property; provided, however, to
the extend Grantor is the owner of the oil, gas, and minerals in, under and that may be
produces from the Property and the executive rights related to same, Grantor, for itself
and its successors and assigns, hereby waives all surface rights and other rights of ingress
and egress in and to the Property related to such reserved mineral interest, and agree that
in conducting operations with respect to the exploration for and production , processing,
transporting, and marketing of oil, gas, and other minerals from the Property, that no
portion of the surface of the Property will be used or occupied and that fixtures,
F)
equipment, buildings or structures used in connection with the exploitation of the
reserved mineral, oil and gas rights, shall not be placed on the surface of the Property.
Nothing herein, however, restricts or prohibits the pooling or unitization of the mineral
estate owned by Grantor with land other than the Property; or the exploration or
production of the oil, gas, and other minerals by means of wells that are drilled or mines
that open on land other than the Property but enter or bottom under the Property,
provided that these operations in no manner interfere with the surface or subsurface
support of any improvements constructed or to be constructed on the Property.
5. To the extent not previously reserved by prior Grantors, there is reserved for Grantor and
Grantor's successors and assigns, all other dedications, easements and rights -of -way as
shown on the Final Plat of Lot 1, Block A, Denton Transit Center, City of Denton,
Denton County, Texas, filed as instrument No. 2011 -115, Plat Records, Denton County,
Texas.
EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Validly existing dedications, easements, rights -of -way, and prescriptive rights, whether
of record or not; all presently recorded and validly existing dedications, restrictions, reservations,
covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in
persons other than Grantor, and other instruments, other than conveyances of the surface fee
estate, that affect the Property; validly existing rights of adjoining owners in any walls and
fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or
boundary lines; any encroachments or overlapping of improvements.
Grantor hereby assigns to Grantee, without recourse or representation, any and all claims
or causes of action that Grantor may have for or related to any errors, omissions, defects in or
injury to the Property existing on the date of this deed, unless expressly reserved herein.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns
forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to
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WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and
Grantee's successors and assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof when the claim is by, through, or under Grantor but not
otherwise.
EXECUTED the day of _ _,, 2015
GRANTOR:
CITY OF DENTON
George C. Campbell, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
GRANTEE:
DENTON COUNTY TRANSPORTATION
AUTHORITY
Jim Cline, President
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ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2015, by George
C. Campbell, City Manager of the City of Denton, on behalf of the City of Denton.
Notary Public, State of Texas
My commission expires:......
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on ..________________mm , 2015, by Jim
Cline, President of Denton County Transportation Authority, a coordinated county transportation
authority on behalf of said transportation authority.
Notary Public, State of Texas
My commission expires: m_