2009-118. y.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE AN AMENDMENT TO EXTEND THE TERM OF A
RIGHT OF ENTRY AND POSSESSION DATED MARCH 3, 2009, 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 CERTAIN PRE-
CONSTRUCTION ACTIVITY; 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; and also being that same property described
in 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 (hereafter
the "Property").
WHEREAS, the Denton County Transportation Authority (hereafter "DCTA") expects to
acquire an easement 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
easement tract lies within the City of Denton, Texas; and
WHEREAS, the City of Denton, Texas expects to grant unto DCTA an easement upon
reaching acceptable terms of agreement, in order that DCTA can immediately commence
preparatory 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
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 Number 2009-059
authorizing the execution of a Right of Entry and Possession to DCTA; and
WHEREAS, The City Council deems it to be in the best interest of the City of Denton to
amend the Right of Entry and Possession authorized in Ordinance 2009-059 so as to extend the
expiration thereof for an additional period of 30 days; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Right of Entry and Possession authorized in Ordinance 2009-059 is
hereby amended so as to extend the expiration thereof for an additional period of 30 days.
SECTION2 All other provisions of Ordinance 2009-059 not amended hereby shall
remain in full force and effect.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2009.
MARK URR MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
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