2006-048
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CorrectedandsupersededbyOrdinanceNo.200635212/19/06JR
ORDINANCE NO. 2006- (}Ljf;
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL EST ATE
EXCHANGE AND PURCHASE AGREEMENT BY THE CITY OF DENTON, TEXAS WITH
THE WESTPARK GROUP, L.P. FOR THE CITY'S FEE ACQUISITION OF 6.889 ACRES
OF LAND IN ABSTRACTS NO. 1040 AND 1285; FOR THE FEE ACQUISITION OF A
0.8163 ACRE TRACT OF LAND IN ABSTRACT NO. 996; FOR THE ACQUISITION OF A
CITY ACCESS EASEMENT OF 3.874 ACRES OF LAND IN ABSTRACT NO. 1040; FOR
THE ACQUISITION OF ELECTRIC UTILITY EASEMENTS TOTALING 15.11 ACRES OF
LAND IN ABSTRACTS NO. 996, 1040, AND 1285; THE ACQUISITION OF TEMPORARY
CONSTRUCTION EASEMENTS TOTALING 11.001 ACRES OF LAND IN ABSTRACTS
NO. 996, 1040, AND 1285, FOR THE ACQUISITION OF A STREET RIGHT-OF-WAY
DONATION DEED FOR A .638 ACRE TRACT OF LAND IN ABSTRACT NO. 1040; THE
FEE DISPOSAL BY THE CITY OF DENTON OF TRACTS OF LAND TOTALING 3.245
ACRES IN ABSTRACT NO. 996; IN WHICH REAL ESTATE AND PURCHASE
AGREEMENT WHEREIN BC RAIL SPUR, L.P. GRANTS TO THE CITY OF DENTON A
NON-EXCLUSIVE RAIL SPUR USAGE RIGHT TO USE THE EXISTING RAILROAD
SPUR FOR THE FUTURE CONSIDERATION THEREIN EXPRESSED, THAT IS NORTH
OF AND ADJACENT TO THE 6.889 ACRE TRACT OF LAND SITUATED IN ABSTRACTS
NO. 1040 AND 1285; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (THE DENTON WEST ELECTRIC UTILITY
PROJECT).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The City Manager is hereby authorized to execute a "Real Estate
Exchange and Purchase Agreement" with Westpark Group, L. P. and BC Rail Spur, L.P. in
substantially the form of the agreement which is attached hereto and made part of the ordinance
for all purposes regarding the Denton West Electric Utility Project.
SECTION 2. The City Manager or his designee is hereby authorized to make the
expenditures in the amount of the purchase price of $298,724 to Westpark Group, L.P. and
$10.00 to BC Rail Spur, L.P., plus the applicable closing costs, all as stipulated in the Agreement
attached hereto.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
1fir day of de&uAj)./J1~' 2006.
C~~~
EULINE BROCK, MAYOR
ATTEST:
JENNIFER W ALTERS, CITY SECRETARY
BY\~\k-ll)n j hL<V
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By 1Yt~ A ~LQ
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