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ORDINANCE NO. aOO 9 -3
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, EXTENDING THE TERM AND
EXPANDING THE SCOPE OF A RIGHT OF ENTRY AND POSSESSION DATED MARCH
3, 20095 AS EXTENDED ON MAY 5, 2009) AS EXTENDED AND EXPANDED ON JUNE
235 2009, AS EXTENDED AND EXPANDED ON SEPTEMBER 1, 200919 AS EXTENDED ON
SEPTEMBER 15, 2009) AS EXTENDED AND EXPANDED ON SEPTEMBER 22, 20091
AND AS EXTENDED ON NOVEMBER 3, 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 ACTIVITY 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")(the Rail Corridor and the Platform Property are
collectively referred to herein as the "Property").
WHEREAS, the Denton County Transportation Authority (hereafter "DCTA") expects to
acquire an easement or other rights in the Property from the City of Denton, Texas or the Dallas
Area Rapid Transit Authority, 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 needs immediate possession of the Property in order to prepare the
Property for DCTA construction activities, pending final negotiation of the terms of the easement
or other agreement with the City of Denton and/or the Dallas Area Rapid Transit Authority; 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
sAour documents\ordinances\09\dcta roe rail line amended 1 11709.doc
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, 20095 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, 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 and to expand the property
covered by the Right of Entry; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. The term of the Right of Entry shall be extended 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 Dallas Area Rapid Transit ("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
85 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. Upon the occurrence of the events or dates described above, the Right of
Entry shall terminate and be of no further force and effect as to the Rail Corridor and/or Platform
Property, as applicable.
SECTION 2. The Right of Entry, from and after the effective date of this Ordinance,
shall cover and include all of the Property, as defined above.
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
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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 as originally provided, as amended and extended as set forth in the
caption of this Ordinance.
SECTION 5. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the / day of 2009.
MARK B O HS, A R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
~
BY: (bw) if I do, )11
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
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