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2010-057s:lour documentslordinances1091dai•t ordinance for sale and transfer of Benton l~rancll tail trail corridor 12-5-09,doc ORDINANCE NO. ~o~o~os~ AN ORDINANCE GRANTING APPROVAL FUR THE SALE AND TRANSFER OF THE DENTON BRANCH RAIL TRAIL FROM APPROXIMATELY MILE POST 721, 89 TO MILE POST 729,5 FUR THE PURPOSE OF A COMMUTER RAILROAD IN ACCORDANCE WITH CHAPTER 26 OF THE TEAS PARKS AND WILDLIFE CURE; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, Section 26,001 of the Texas Parrs of wildlife Code ~"Chapter 26"} provides that public land designated and used as a parr maybe sold and transferred if the City Council finds after notice and hearing that there is no feasible and prudent alteznative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize the harm to the parr resulting from such use; and WHEREAS, the City of Denton, Texas ~"City"} was quitclaimed the Denton Branch Rail Cor~•idor the "Property"} by Quitclaim therein so called} f~•om Union Pacific Railroad Company, successor to Missouri Pacific Railroad Company, pursuant to and conditioned upon the terms of that certain Line Sale Contract the "Line Sale Contract"}, dated July 2, 1993, by and between the Missouri Pacific Railroad Company and City; and WHEREAS, the Quitclaim is expressly subject to the Line Sale Contract and the teens and conditions of a Certificate of Inte~•im Trail Use ~"CITU"} issued by the Interstate Commerce Commission pursuant to the National Trails System Act; and WHEREAS, the Line Sale Contract captains ce~•tain conditions and covenants pu~~ortedly limiting and conditioning the interests, if any, quitclaimed to City pursuant to the terms the~•eof and the Quitclaim; and WHEREAS, the Line Sale Contract provides, among other matters, that in the event of reactivation of rail se~•vice upon the lands quitclaimed to City pursuant to the Quitclaim, Cit~r shall transfer such P~•operty to Missouri Pacific Railroad Company or other acquiring entity; and WHEREAS, Dallas Area Rapid Transit ~"DART"} is the successor in interest to the ~•ights of tl~e Missouri Pacific Railroad Company under the Line Sale Contract and Quitclaim, and possesses the power of eminent domain; and WHEREAS, DART has elected to reactivate rail service upon the lands quitclaimed by the Quitclaim pursuant to notice letter dated September 14, 2009 delivered to the City; and WHEREAS, City, pursuant to the te~•ms of the Line Sale Contract and the Quitclaim, and due to the paramount public pu~~ose of rail use and its compatibility with the existing trail use unde~• the CITU and City's use of tl~e co~•~•idor for water pipeline and other utility purposes, desires and is required by the Line Sale Contract to quitclaim the Property to DART; and S:',Our Docuu[c[[tsl0rdinanccs1o91DART Ordi[[ance for safe a[[d tra[tsfcr of I]cnto[[ Bra[[cl[ Rai[ Tr,[il corridor 12-8-U9.doc WHEREAS, it is the understanding of the City that DART and the Denton County Transportation Autho~•ity ~"DCTA"} desi~•e to improve public transportation to the City of Denton and Denton County by construction of a commuter rail line from Denton to Carrollton upon the P~•operty; and WHEREAS, on November 2, 2049, tl~e Parks and Recreation Board held a meeting and received testimony from City staff regarding the sale and transfer of the Property to DART and reached concut•rence there is no feasible and prudent alte~•native available to the quitclaim of the Property to DART ~"DART Q~~itclaim"~; and WHEREAS, the City provided notice in the Denton Record Chronicle on November 9, November 16, and November 23, 2449 of a Public Hearing to be held on December 1, 2049 in tlae Council Chambers to consider the alternatives available in accordance with Chapter 26; and WHEREAS, the Public Hearing was continued by the City Council at the meeting of the City Council on December 1, 2049 to the meeting of the City Council on December 8, 2449; and WHEREAS, the City Council on December 1, 2409, and December S, 2009, received testimony from City staff and citizens regarding alternatives to the sale of the Property available, which includes, but is not limited to, the following; a. It is anticipated that DART, who is also the owner of the rail line south of mile post 729.5, will enter into an agreement with DCTA wl~e~•ein DCTA will agree to construct a rail commute~• line on the Property as well as re-constt•ucting the Denton Branch Rail Trail pedestrian~bicycle trail along side the proposed rail line, The City will reserve an easement fo~• the pedestrian-bicycle t~•ail from the DART Quitclaim fo~• the time period prescribed therein. This appears to be the most feasible and prudent action in order to satisfy the requirement to assign the Property to DART and continue to maintain the ability to p~•ovide ~.•ecreational use and alternate transportation opportunities to Denton citizens for the time period prescribed in the DART Quitclaim, WHEREAS, the City Council finds that this matter above does not fall within the purview of Section 253.04E of the Texas Local Government Code; and WHEREAS, the City Council finds that there is no feasible and prudent alternative to the quitclaim of the P~•operty to DART and the reset•vation of the pedestrianYbicycle easement in the DART Quitclaim will allow the surface of such parr land effected to remain useable for the period of time prescribed in tl~e DART Quitclaim far the park patrons once the construction of the commuter rail line and replacement trail improvements are completed; NSW, THEREFORE,: THE CGUNCIL OF THE CfTY ~F DENTCN HEREBY ORDAINS: SECTIGN 1. The City Council of the City of Denton finds there is no feasible and pll~dent alternative to the quitclaim of the Property to DART and that the DART Quitclaim Page 2 of 3 S:~,Our ducumcntsl0rdinances1091DARTOrdinance fur saEc quid transfer of Dcntan Branch flail Trail corridor 12-8-09,doc includes all reasonable planning to minimize harm to the Prope~~ty as a pedestrian~bicycle trail resulting from the quitclaim of the Property to DART, , SECTION 2, The quitclaim of the Property shall be composed by the City Manager or his designee and approved by the City Attorney allowing the use of the parl~ property as referenced above, SECTION 3, The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City, SECTION 4, The recitals of this ordinance are herein adopted and incorporated as findings of the City Council of the City of Denton. SECTION 5. This ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the ~ ~da of 20 y ARIA OU S, MAYOR ATTEST; JENNIFER SALTERS, CITY SECRETARY By: ~I APPROVED AS TO LEGAL FORM; ANITA BURGESS, CITY ATTORNEY I By' Page 3 of 3