2009-059FILE REFERENCE FORM 2009-059
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Amendment to Ri
ght of Ent
and Possession -
Ordinance No.
2009-118
05/05/09
Amendment to Ri
ght of Ent
and Possession -
Ordinance No.
2009-149
06/23/09
Amendment to Ri
ght of Ent
and Possession -
Ordinance No.
2009-195
09/01/09
Amendment to Ri
ght of Ent
and Possession -
Ordinance No.
2009-213
09/15/09
Amendment to Ri
ght of Ent
and Possession -
Ordinance No.
2009-241
09/22/09
Amendment to Ri
ght of Ent
and Possession -
Ordinance No.
2009-286
11/03/09
Amendment to Ri
ght of Ent
and Possession -
Ordinance No.
2009-308
12/11/09
) R
Amendment to Ri
ght of Ent
and Possession -
Ordinance No.
2010-305
12/07/10
) R
ORDINANCE NO. a1007 _0
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE A RIGHT OF ENTRY AND POSSESSION IN
FAVOR OF THE DENTON COUNTY TRANSPORTATION AUTHORITY (DCTA)
AUTHORIZING DCTA TO ENTER UPON AND TAKE POSSESSION OF CERTAIN REAL
PROPERTY OF THE CITY OF DENTON FOR THE PURPOSE OF PERFORMING PRE-
CONSTRUCTION SURVEYING, INSTALLING EROSION CONTROL, CONDUCTING
CLEARING AND GRUBBING AND PERFORMING UTILITY POT HOLING; 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 a perpetual easement
upon reaching acceptable terms of agreement, in order that that DCTA can immediately
commence preparatory construction activities on the above-referenced Project in March 2009;
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, The City Council deems it to be in the best interest of the City to grant a
Right of Entry and Possession in favor of DCTA; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized and directed to
execute a Right of Entry and Possession for the above described property in favor of DCTA. A
copy of the said Right of Entry and Possession is attached hereto as Attachment A and
incorporated herein for all purposes.
SECTION II. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 3i'd day of 2009.
QMMAARRKK)Ak-. BURROU S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 2 of 2
Attachment A
RIGHT OF ENTRY AND POSSESSION
STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON )
WHEREAS, the City of Denton, Texas is a Home-Rule City and a Municipal
Corporation (hereafter "City"), 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, a coordinated county
transportation authority created under Chapter 460 of the Texas Transportation Code (hereafter
"DCTA") expects to acquire an easement in the Property from City 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, City expects to grant to DCTA a perpetual easement upon reaching
acceptable terms of agreement with DCTA; 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 City and DCTA recognize the urgency of commencing construction
on the Project as soon as is reasonably possible;
NOW THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00)
and other good and valuable consideration to it in hand paid by DCTA, the receipt and
sufficiency of which is hereby acknowledged and confessed, City grants to DCTA the right to
enter upon the Property, the right to remove improvements, if any, with which the Property is
encumbered, and the right to possession of the Property for Project purposes.
This grant of right of entry and possession is conditioned upon the following:
Page 1 of 3
1. DCTA may perform pre-construction surveying upon the Property, such as activities of
survey crews and pick-up trucks; and
2. DCTA may install erosion control, such as erection of silt fences and the installation of
construction entrances; and
3. DCTA may conduct limited clearing and grubbing on the Property, such as cutting and
mulching vegetation, and removing stumps, roots, and debris. Any clearing and grubbing
activity scheduled on the Property shall be subject to the following:
a. A plan for the work shall be provided identifying locations, means and
methods, a listing of contractors with contact information along with a schedule
of who, when, and where the work will be done.
b. Communication with City of Denton personnel that will be inspecting or
monitoring this work Grantee or Grantee's agents shall initiate notification
through Alberto Lopez with Denton Water Utilities at (940) 391-8622.
c. DCTA will provide a point of contact with the DCTA for communication,
coordination and claims resolution.
d. Clearing and grubbing of trees within the 20 feet of the eastern boundary of the
Property shall be limited to chain saws and stump grinders to avoid disturbance to
adjacent underground utilities.
4. DCTA may conduct pot holing of utilities through coordination with the Denton Water
Utilities subject to the following:
a. A plan for the work shall be provided to City identifying locations, means and
methods, a listing of contractors with contact information along with a schedule
of who, when, and where the work will be done.
b. Communication with City of Denton personnel that will be inspecting or
monitoring this work. Grantee or Grantee's agents shall initiate notification
through Alberto Lopez with Denton Water Utilities at (940) 391-8622.
c. DCTA will provide a point of contact with the DCTA for communication,
coordination and claims resolution.
5. This Right of Entry and Possession shall extend to DCTA, its employees and its
contractors.
This Right of Entry and Possession shall be valid and effective for a period of ninety (90)
days following the date of this document's approval by City, as evidenced by the signature of its
City Manager; thereafter it shall terminate and be of no further force and effect.
Page 2 of 3
EFFECTIVE on the day of Aaa '2009.
CITY
THE CITY OF DENTON, TEXAS
A Texas Municipal Corporation
G O GE C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APP VED TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
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