HomeMy WebLinkAbout2014-166sAlegal\our documents\ordinances\14\north locust properties ed ordinance.doc
•� • • 1 ''MIA MMMIR
• • .211• '
• .. . I ,. .' . . . •.
_"Wfts Me
WHEREAS, the City of Denton, Texas (the "City") has initiated plans for the expansion
of electrical utilities and infrastructure which affect, among other lands and interests, the
Property Interests;
WHEREAS, the acquisition of the Property Interests is necessary for public use to
provide electrical utilities expansion and improvements to serve the public and the citizens of the
City of Denton, Texas;
WHEREAS, the City made a written Initial Offer (herein so called) to North Locust
Properties, LLC, a Texas limited liability company, the owner of the Property Interests
("Owner"), on November 18, 2013 to purchase the Property Interests from the Owner;
WHEREAS, the City provided to the Owner of the Property Interests at the time of
presenting the Initial Offer, by certified mail, return receipt requested, (among other things) all
appraisal reports produced or acquired by the City relating specifically to the Owner's property
prepared in the ten (10) years preceding the date of the Initial Offer, and a Texas Landowner's
Bill of Rights;
WHEREAS, the Initial Offer made by the City to the Owner of the Property Interests did
not include a confidentiality provision and further informed the Owner of the Property Interests
that such Owner had the right to (i) discuss any offer or agreement regarding the City's
acquisition of the Property Interests with others; or (ii) keep the offer or agreement confidential,
unless the offer or agreement would be subject to Chapter 552 of the Texas Government Code
(the 66Non Confidential Notice");
WHEREAS, the City made a written Final Offer (herein so called) to the Owner of the
Property Interests on April 8, 2014 to purchase the Property Interests from the Owner, said date
being after the thirtieth (30th) day after the date on which the City made the Initial Offer to the
Owner of the Property Interests;
WHEREAS, along with such Initial and/or Final Offer, the Owner of the Property
Interests was provided a written appraisal from a certified appraiser of the value of the Property
Interests and the damages, if any, to any of the Owner's remaining property, if any;
WHEREAS, the Final Offer made to the Owner of the Property Interests to purchase the
Property Interests of the Owner was equal to or greater than the amount of the written appraisal
obtained by the City;
WHEREAS, the Initial and Final Offers made to the Owner of the Property Interests
included (i) a copy of the written appraisal; (ii) (a) contract of sale and (b) special warranty deed,
being the instruments proposed to be used in the conveyance of the Property Interests sought to
be acquired by the City; (iii) the Landowner's Bill of Rights statement prescribed by Section
21,0112 of the Texas Property Code; and (iv) the Non Confidential Notice;
WHEREAS, the City provided the Owner of the Property Interests at least fourteen (14)
days to respond to the Final Offer and the Owner of the Property Interests did not agree to the
terms of the Final Offer within that period, nor did negotiations between the City and the Owner,
if any, result in mutually agreeable terms to purchase the Property Interests;
WHEREAS, the notice for the public meeting of the City Council of the City in which
this Ordinance is considered, in addition to other information as required by Subchapter C,
Chapter 551, of the Texas Government Code, expressly included the consideration by the City of
Denton of the use of eminent domain to condemn the Property Interests;
WHEREAS, in ordaining the matters set forth herein, the motion to pass and approve this
ordinance was stated as "I move that the City of Denton, Texas authorize the use of the power of
eminent domain to acquire a fee title estate to 2.493 acres of real property, being generally
located in the T. Toby Survey, Abstract No. 1288, and all being more particularly described and
depicted in Exhibit "A", respectively, to the ordinance now under consideration and on the
overhead screen being now displayed to the audience, for the DME Expansion Project in the City
of Denton, Texas"; and
WHEREAS, after due consideration of the public interests to be furthered by DME
Expansion Project in the City of Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby finds and determines that the acquisition of the
Property Interests is necessary for public use to provide electric utilities expansion and
improvements to serve the public and the citizens of the City of Denton, Texas, and that the
public welfare and convenience requires the acquisition of the Property Interests, and the City of
Denton, Texas does hereby exercise its home -rule and statutory authority to acquire by eminent
domain (1) a fee acquisition encumbering 2.493 acres of real property, all affected tracts being
2
described and depicted in Exhibit "A", attached hereto and made a part hereof by reference. The
Council hereby further finds and determines that the acquisition of the Property Interests is for a
public use, to serve the public and the citizens of the City of Denton, Texas.
SECTION 2. The Council hereby authorizes and directs the filing and prosecution of
eminent domain proceedings by the City of Denton, Texas to acquire the Property Interests.
SECTION 3. The City Council hereby finds that the Owner was the record title owner of
said Property Interests at the time of making the Initial Offer and Final Offer. Without limiting
the general authorization provided in Section 2, above, the City Council further authorizes
joinder of additional or differing owner or owners, or claimant or claimants, of the Property
Interests, if applicable, in the eminent domain proceedings, and to condemn the interests of each
such parties to acquire the Property Interests.
SECTION 4. The City Manager, or his designee, shall have the authority to do all things
necessary or appropriate to acquire the Property Interests by eminent domain, including without
limitation, the authority to retain and hire, on behalf of the City, counsel to file and prosecute
eminent domain proceedings, and to expend funds related to the prosecution of such
proceedings.
SECTION 5. The recitals provided in this Ordinance, as set forth above, are specifically
and expressly adopted by the Council as express findings by the Council.
SECTION 6. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 3k "i day of _, 'L 14"- t- , 2014.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:_ )A
APP V EE ID) TOLEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
..........
Exhibit "A" Page 1
LEGAL DESCRIPTION
BEING a 2.493 acre tract of land situated in the T. Toby Survey, Abstract No. 1288, Denton County,
Texas, and being part of a called 11.46 acre tract of land described in a Deed to North Locust Properties,
LLC., as recorded in Document No. 2010-52041 of the Real Property Records of Denton County, Texas,
and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found for corner at an interior ell corner of the above cited 11.46 acre
tract, said point being the Northwest corner of a called 3.375 acre tract of land described in a Deed to the
City of Denton, Texas, as recorded in Volume 732, Page 972 of the Deed Records of Denton County,
Texas, said point also being at an angle point in the East line of Block C, per the Final Plat of La
Hacienda Heights, Phase I, as recorded in Cabinet W, Page 666 of the Plat Records of Denton County,
Texas;
THENCE North 00010'49" East (North 00'25'25" East per said Plat recorded in Cabinet W, Page 666),
along the East line of said Block C of La Hacienda Heights, Phase I, for a distance of 359.78 feet (359.82
feet per said Plat recorded in Cabinet W, Page 666) to a 5/8 inch iron rod with cap stamped "TNP" set for
corner in a non -tangent curve to the right in the South line of Beall Street, (variable width right-of-way per
said Plat recorded in Cabinet W, Page 666);
THENCE in an Easterly direction, along the South line of said Beall Street, and along said non -tangent
curve to the right having a central angle of 02031'51", a radius of 387.50 feet, a chord bearing of North
88°47'53" East, a chord distance of 17.12 feet and an arc length of 17.12 feet to a 5/8 inch iron rod with
cap stamped "TNP" set for corner;
THENCE South 89049'40" East (South 89034'35" East per said Plat recorded in Cabinet W, Page 666),
continuing along the South line of said Beall Street, for a distance of 245.83 feet (245.82 feet per said Plat
recorded in Cabinet W, Page 666) to a 5/8 inch iron rod with cap stamped "TNP" set for corner;
THENCE South 44017'24" East (South 44003'41" East per said Plat recorded in Cabinet W, Page 666),
continuing along the South line of said Beall Street, for a distance of 28.07 feet (28.02 feet per said Plat
recorded in Cabinet W, Page 666) to an "X" cut In a concrete drainage structure set for corner;
THENCE South 88042'16" East (South 88032'46" East per said Plat recorded in Cabinet W, Page 666),
continuing along the South line of said Beall Street, for a distance of 23.34 feet (23.37 feet per said Plat
recorded in Cabinet W, Page 666) to an "X" cut in a concrete drainage structure set for corner in the West
line of North Locust Street (F.M. 2164 - 90' right-of-way per Volume 400, Page 13 of the Deed Records of
Denton County, Texas), from which the calculated Northeast corner of said 11.46 acre tract bears North
01 °11'10" East a distance of 72.32;
THENCE South 01011'10" West (South 01014'40" East per said Deed recorded in Document No.
2010-52041), along the West line of said North Locust Street (F.M. 2164), for a distance of 340.29 feet to
a 5/8 inch iron rod with cap stamped "TNP" set for corner at the most Easterly Southeast corner of said
11.46 acre tract, said point also being the Northeast corner of the above cited 3.375 acre tract;
THENCE North 89°43'25" West (North 89041'09" West per said Deed recorded in Document No.
2010-52041), departing the West line of said North Locust Street (F.M. 2164), and along the South line of
said 11.46 acre tract and the North line of said 3.375 acre tract, for a distance of 299.97 feet (299.97 feet
per said Deed recorded in Document No. 2010-52041) to the POINT OF BEGINNING, and containing
2.493 acres of land, more or less.
Contract of Sale
Page 22 of 23
Exhibit "A" Paqe 2.•__
I yS
10
31
N. L'W�USTSTAVKV
a.
.�\
F
3 �>