2009-286\\codad\departments\legal\our documents\ordinances\09\dcta roe rail line amended 110309.doc
ORDINANCE NO. ~OD9-~~~p
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, AND
AS EXTENDED AND EXPANDED ON SEPTEMBER 22, 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 tract
of land:
BEING all 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 (hereafter 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 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, the City of Denton, Texas expects to grant unto DCTA a perpetual easement
or other rights upon reaching acceptable terms of agreement, in order that DCTA can
immediately commence preliminary construction activities on the above-referenced Project; 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 the Dallas Area Rapid Transit; 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
\\codad\depanmems\leeal\our documents\ordinances\09\dcta roe rail line amended 110309.doc
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, 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 through December 14, 2009, at 5:00 p.m.;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The term of the Right of Entry shall be extended to December 14, 2009; at
5:00 p.m., and thereafter the Right of Entry shall terminate and be of no further force and effect.
SECTION 2. 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 3. 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 4. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of .2009.
MARK A. BURRODGHS'MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
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