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Home My WebLink About2014-167ORDINANCE NO. 2014-167 AN ORDINANCE (I) FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE THROUGH THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN FEE SIMPLE TITLE TO THE SURFACE ESTATE, WITH WAIVER OF SURFACE USE RELATED TO THE MINERAL ESTATE, OF A 10.372 ACRE TRACT OF LAND TO BE USED AND UTILIZED FOR AND IN CONNECTION WITH THE EXPANSION, CONSTRUCTION, MAINTENANCE, REPLACEMENT, AUGMENTATION AND IMPROVEMENT OF ELECTRIC TRANSMISSION AND DISTRIBUTION LINES, FACILITIES AND STRUCTURES, AS WELL AS SUBSTATIONS, (HEREIN, THE "DME EXPANSION PROJECT"), THE AFFECTED LAND AND INTERESTS BEING GENERALLY SITUATED IN THE M. FORREST SURVEY, ABSTRACT NUMBER 417, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED AND DEPICTED IN EXHIBITS "A" AND `B", RESPECTIVELY, ATTACHED HERETO AND MADE A PART HEREOF (SAID TRACT OF LAND AND ALL RELATED INTERESTS THEREIN TO BE ACQUIRED COLLECTIVELY REFERRED TO HEREIN AS THE "PROPERTY INTERESTS"); (II) AUTHORIZING THE FILING AND PROSECUTION OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE PROPERTY INTERESTS; (III) AUTHORIZING THE EXPENDITURE OF FUNDS, THEREFORE; (IV) MAKING FINDINGS; (V) PROVIDING A SAVINGS CLAUSE; AND (VI) PROVIDING AN EFFECTIVE DATE. 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 DME Expansion Project constitutes a valid public use, and 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 both John Powell Walker and William A. Martin} (the "Owners"), to purchase the Property Interests from the Owners in accordance with law; WHEREAS, the City provided to the Owners 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 Owners' property prepared in the ten (10) years preceding the date of the Initial Offer, and a Texas Landowner's Bill of Rights; WHEREAS, each Initial Offer made by the City to the Owners 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 "Non Confidential Notice"); WHEREAS, the City made a written Final Offer (herein so called) to each of the Owners of the Property Interests to purchase the Property Interests from the Owners after the thirtieth (30`h) day after the date on which the City made the Initial Offer to each of the Owners of the Property Interests in accordance with law; WHEREAS, along with such Initial and Final Offers, the Owners of the Property Interests were provided a written appraisal from a certified appraiser of the value of the Property Interests and the damages, if any, to any of the Owners' remaining property, if any; WHEREAS, the Final Offer made to each of the Owners of the Property Interests to purchase the Property Interests of the Owner was pro rata equal to or greater than the amount of the written appraisal obtained by the City; WHEREAS, the Initial and Final Offers made to each of the Owners of the Property Interests included (i) a copy of the written appraisal; (ii) (a) a contract of sale, and (b) a 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 each of the Owners of the Property Interests at least fourteen (14) days to respond to the Final Offer, and the Owners 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 Owners, 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 acquisition of 10.372 acres of real property, being generally located in the M. Forrest Survey, Abstract No. 417, and all being more particularly described and depicted on Exhibits "A" and `B", 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 interest to be furthered by the 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 DME Expansion Project constitutes a valid public use; 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; 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 a fee acquisition of 10.372 acres 2 of real property, the affected tract being described and depicted on Exhibits "A" and `B", respectively, 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 respective Owners were the record title owners 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. SECTIO_ N 7. This ordinance shall become effective immediately upon its passage and approval. PASSED ] D APPROVED this the ;' , day ol'_.. n ,° , 2014. s CHRIS WATTS, MAYOR ATTEST: APPROVED AS TO LEGAL FORM: JENNIFER WALTERS, CITY SECRETARY CITY ATTORNEY' S OFFICE 3 LEGEND PROPERTY LINE �- -s - - - - - - - - - - ADJACENT PROPERTY LINE EASEMENT LINE CHAIN LINK FENCE OHE ELECTRIC LINE CIA. CONTROL MONUMENT IPF IRF CIRF IRON PIPE FOUND _ IRON ROD FOUND CAPPED IRON ROD FOUND O • IRON ROD FOUND (AS NOTED) CAPPED IRON ROD SEr (TNP) UNLESS NOTED o 'FENCE CORNER POST Cj RECORD DEED OR PLAT CALL R.P.R, REAL PROPERTY RECORDS 4 SIGN TELEPHONE UOLRY POWER POLE E GUY WIRE ELECTRIC TOWER STRUCTURE ././ EDGE IF ASPHALT SCHED= B COMWE T$ TIRE RE80URC:8 CIJARMRY COMPANY OF NO. 1310M DATE: DEC8180! te, 2012 COLe61MQT DA7C JANUAR7' 03, 2013 THE FOLLVWRIC MOM ARE BLANKET FISENCNIS AND MAY OR JAW NOT EFFECT THE OU UECT MOPORY. lot. Eesemenl executed TWAT OIiEBUN9 and We UNIY CEESUNc m LANE STAR CAB COMPANY fled 1r�. 1a 191a reexd.d �n Volume 1149. Pogo 260. Deed Records of Denton Caunb. Taco. 1pp. Eonswient eaeeubd by E.E. GEESUND end wife. MYRTLE 9EESIAIG etol to LONE STAR CIS COIPNIY RMd 9 1957, rem oil In Volume 429. Page 209. Dad Records of Denton County, Trexa. T E FOLIAWNG ITEMS LISTED BELOW DO Nor EFFECT THE SUBJECT PROPERTY As SNOW ON 011Pn 10e. Eaeemennt executed by SUM CEESUNG and MARY GEMA NC to LANE STAR CAB COMRANY Bled June 21. 1915, recorded In Volume 141, Page 365. Deed Reoerds of Denton Counb, Texas. IOL Easement executed by ON OEMUNG to TDIA4 POWER a UCHr COMPANY Red December 1, 192A, reow4ed In Volume 106, Rise 76, Deed Records of Denton County. Twlaa 1 -eievnent w,"oted by WIT( QV-WM atol to. TOGS POWER & LIGHT tXhVPAWS' lbfd drys 22. 1140, ronrdod kn Volume 422. Pogo 410. Deed rteaards or Ooecsder rat, only. Tom. THIe FOLLOWING IIDAB LIFTED, BUM Do Nor E rw THE PROPERTY TO THE BEST Or tT KNOWILMM tDo. Eeament executed by MRS. J.T. WffORF stol to LONE STAR GAS Ravrde Yt Denton 27 T� nowded ume In Vol145, Page 412. D4ed tOh. Fasoment exeovted ty SIM GE1MUN0 to LANE SfAR CAS COMPANY fled Ann a. 1923, eawMd M Volume 167, Page 626, Deed Reaonle of Denton Court, Text. 1 Ecsemd by L11AR wt eimuteM HOM AN to TEXAS POWER It LIGHT ANr IW Decesitwr 23. 1024. mounded In Volume 1IM Page 80, Deed Reowds of Dwton Cou* Twrae. 101L Easement a mulod by E.E. OEMM to LONE STAR GAS COMPANY filed June 12. 1925, recorded In VaRene 205, Pugs 447, Deed Rworde of Fenton comb. Teeas. 10L Eow en axeoutad by WY OQSLWG b 7FXAS DOaiFt 4 tIOIIT COMPANY fl" ". 17, Tw�es. feeonled In Volume 264, Pogo 2N. Deed Records of DINAAM Conmb, 10m.Easeiriwit executed by O.V. RUS9aL etal to TUM POWER ac LIGHT COMPANY toed Apra 17. 1037. headed in Voki n. 265. Page 215. Deed Reace of Won Counv. 1065a. ton. Eesmwt somAid by C.M. WEST and Kos, MRS. MILDRED WEST to TEXAS POWER R Mff OOMPANY Red Morph a 'No'YeoordW In %fum" W. Pegs 08, Dad Reooids o1 Dinton comb. Text. 8 Eae.newril executed 4 and OHN MYRTLE. GEMNG to TEXAS a u%ff COMPANY' .lemur, 15, 1094, mocived In %W" 513, Pogo $20,. Died Records of Daman County. Texas. for. Ferment wrauted by was H. M O.L. IN, TRUSTEE to TEOTA9 P" s LIONT OWPANY 111M Uorch 21. 19M. recorded In Vaunt 1007, Pogo M. Dad Resords of Denton Oounb. Teem IAL League nail & perkins Tnp'"O=Al" P& 1F1o.aII&ad.aeesex wwrrwgbi.wem 20113 CWMIOW BY TFAGR W.LL AND POWN, INC. ALL RIGHTS RESERVED. STATE OF TEXAS COUNTY OF DENTON LEGAL DESCRIPTION - 10,372 ACRES ALL OF THAT CERTAIN LOT. TRACT OR PARCEL OF LAND SITUATED IN THE. MOREAU FORREST SURVEY. ABSTRACT NUMBER 417. DENTON COUNTY. TEXAS. BEING A PORTION OF THAT CERTAIN 97.277 ACRE TRACT CONVEYED TO JOHN POWELL WALKER, stol. AS RECORDED IN DOCUMENT NUMBER 93-0034125 OF THE REAL PROPERTY" RECORDS, DENTON COUNTY. TEXAS, BEING MORE PART)CULARLY DESCRIBED BY METES AND BOUND'S AS FOLLOWS: BEGINNINGot a 1/2 inch Iron pipe found lying in the east line of Geeal)ng Road at a westerly exterior Comer o the said Walker tract, some being the southwest corriar of a r.artain 1.043 acre tract of land as described in deed to Lynall Cawood as recorded In Document Number 95-0034M of the sold Root Property Records for the northwest comer of rho herein described tract, from which a 1/2 Inch copped Iron Tod found bears North 02`41'S2" East, [Record - N OY1D'DO" E] a distance of 135.91 feet [Record - 135.65 feat] being the northwest comer of said 1.043 oars tract, THENCE South 8753'22" East, [Record - S 89'54'18" E] with the common line of sold Walker tract and sold Cawood tract, passing a 3/3 inch Iran rod found being the southeast comer of said Cawood tract at a distance of 336.47 feat [Record - 337.00 feat]. continuing in all a distance of 715.70 feet to a 5/8 inch capped iron rod set and damped iNP" for the northeast corner hereof, THENCE South 01'5626" West. a distance of 852.34 feet, to a 5J8 inch capped iron rod set and stamped TNP. for the southeast comer hereof, some being a northeast earner of a certain 3.02 acre tract of land as described in deed to Texas Municipal Power Agency as recorded in Volume 1149, Page 494 of the Dead Records of Denton County, Texas. from which a 1/2 Iron red found bearer South 48`05'31" West. [Record - S 46!13'51" W], a distance of 45.07 feet [Record 4S.10 feet] being the most easterly southeast corner to said 3,02 nacre 'tract,;. THENCENolth W07'46" West,. [Record - N 89'59'49" W] with the common line of said Walker tract and said 3:D2' acre Arcot a distance of 549:48 feet [Record - 549.5 feet], to a 5/8 inch Capped iron rod set and stamped TNP, at on angle point of said Welker tract; THENCE North 363VO5" West. [Record - N 40'27'41' continuing with said common line, a distance of 255,79 feet [Record - 255.0 feet]. to a 5 8 inch copped iron rod set and etarnped TNP, being the northwest comer of the said .02 acre treat. same being the westerly southwest corner of the Walker tract and Vng In the east Rne of Gecall ng Read; THENCE North 01'56'46" East, [Record - N 00'DO'11" W] along the common line of the Walker tract and the east line of sold Geseling Rood, a distance of 460.75 feet [Record - 459..04 feet], to the POINT OF BEGINNING and containing 10,372 acres of land more or less. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 M central tone; K%M(Cansoo) Epoch 2002.00) as derived locally from Western Date Systems ifluoualy Operating Raferanoo Stations (601118) via Real Time KinematLO (RTK) asthods. An average !nation Factor of o.eQM3M was used,., to scale surface distenoes to grid. All OOordirtat" and phew shown are grid. The utilities slim onthis survey are based upon the available information and *field Lees of visible above ground narkirs4s provided by TNP DUB. We relied Solely on the cooperation he various utility coepari as. and any idfoneation they woo Avllilfibla. Underground facilities not been field verified. There may be additional utilities that TNP has not been advised of. SURVEYOR'S CERTIFICATE To: John Powell Walker etal and Title Resources Guaranty Company The undersigned does hereby certify that a Survey on Fobruary 19, 2011 was made on the ground of the property lagol€yr described hereon pre arad by #ha undersigned and to oorrsot. the Survey romilc y shows t a location of ail bull Ings, structures end Other improvements situated on the property; that there are no risible discrepancies, conflicts, shortagaa In area.. boundary One conflicts, encroachments, overlapping of improvements, Basements, or rlghte-of-woy except as shown on the plot hereln, that subjoct property has access W and from public roadway; and that the Plot heroin Is true, correct and occurote representation of the property described heroin above. Futhermore, the undersigned hereby certifies that he hies calculated the quantity of land or acreage contol"di within the troct shown on this plat of survey and described hereon and certifies thot then quantity of land shown hereon Is correct. This survey sheets the requirements for Cotetfory IA. Condition Ii survey as defined by the "Texas Society of Professional Surveyors Manuel of Practice for Texas." r .. F 7' ..E Cy 1+ S T fee � Michael B. Szurgot. RPLS LT7 Texas Registered Professional Land Surveyor „..........e...." Texas Rogfatration Number 4418 "� MICHAEI B. SZURGOT .. "........•...•..�....... oe 4418 140 �- CertitlolYtion Date: l:sbTTlory 27, 2013 .�E 5 S „�C) S U t. IV TITLE SURVEY OF 0.3 Z? ACRES Situated in the M. Forrest Survey, Abst, No. 417 SHEET T OF 2 Located TNithin the fwity of Denton, rr_-&-- ,dam �� o°a�ia»r�.rtnaT. �,._' ', I w w CNlID 1.043 ACRE I Es w6eir E - ,01 3 ' a e7•e3'22• E - 71e.70' a NO. MT. 1 In jMOQ AC 1 I w 200-1C407'4 I «a Y as mzn AptE 7RAcr ,low+ vomtl rwxER .w ooc. aH°.v:noas-a°T°..3a#�a 10.372 ACRES JOBN p8WELL WALKER OW on No. 98- M125 RY.R.D.C.T. Ras so wis (ORw:wLL GOALS; r - eo' ) (OR[07RILL eta: 81- X .76-) Y71; AatE,w1C7 rowa oo+vEu wKxm .m1 s D= t a3-00S4125 �. RpR0.0 >4 4// / 1117z?l -06'e1- w - 45.07' Is 4Ctni- w - 45.11 aPa.. I.LP y. •-.�, t'i�i+ si K45 pgm a uart ' 'wit. ,' 7a. Pa, are COWAW ! }'s ...,. -..yy ;WA yyl. >mk l aaca`7'PC ' CUM L43D AC � I R.w;tafa.�.r. I Loa Ao � : yy Ijy 6 L y y 70(A4 MUMMAL. MAIMI ( en„ yy Ya4 # 10a I P y t.424 4.424' AC y A "D..4a4 # 51 yyy y yy T,TLE SURVEY OF teague nail & perkins 10. 372 ACRES ta`7m.a- Situated in the ple�rn„ 7re�.74 l OA17Iph fz M. Forrest Survey. Abst. No. 417 Located within the City of Denton, SHEET 2 OF 2 Denton Count•; Tura--: �'? s019 COPAU*ff sY.7G09 1ULLL A40 1, 20' "RIOWSRUMM