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Home My WebLink About2016-010S:\Legal\Our Documents\Ordinances\16\West Parallel Runway - Denton Airport (Eagle Farms —Porter) Ordinance - Authorization for Offers and ED - LCC - 12292015.docx ORDINANCE NO. 2016-010 AN ORDINANCE OF THE CITY OF DENTON DETERMINING THE PUBLIC USE, NEED, AND NECESSITY FOR THE ACQUISITION OF FEE SIMPLE TITLE TO THE SURFACE ESTATE, INCLUDING A WAIVER OF SURFACE USE TO THE MINERAL ESTATE, OF A 25.63 ACRE PROPERTY TRACT ("PROPERTY INTERESTS") DESCRIBED IN THE ATTACHED EXHIBIT "A", GENERALLY LOCATED ON THE NORTH SIDE OF TOM COLE ROAD AND BEING WEST OF AND ADJACENT TO CITY OF DENTON ENTERPRISE AIRPORT PROPERTY AND BEING SITUATED IN THE WM. WILBURN SURVEY, ABSTRACT 1419, DENTON COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY, OR THEIR RESPECTIVE DESIGNEES, TO ACQUIRE THE PROPERTY INTERESTS BY AGREEMENT INCLUDING MAKING INITIAL AND FINAL OFFERS; AUTHORIZING THE USE OF THE POWER OF EMINENT DOMAIN TO CONDEMN THE PROPERTY INTERESTS IF AN AGREEMENT CANNOT BE REACHED; AND AUTHORIZING THE CITY ATTORNEY, OR HER DESIGNEE, TO FILE EMINENT DOMAIN PROCEEDINGS IF NECESSARY; AUTHORIZING THE EXPENDITURE OF FUNDING; MAKINGS FINDINGS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Denton Enterprise Airport: West Parallel Runway project (Eagle Farms/Porter)) WHEREAS, the City Council of the City of Denton ("City Council") after consideration of this matter, has determined that a public use and necessity exists for, and that the public welfare and convenience requires, the acquisition of the Property Interests by the City of Denton, Texas ("City"). The City Council finds that the acquisition of the Property Interests is a valid public use necessary to provide the expansion of aviation infrastructure and facilities to the public and the citizens of the City. WHEREAS, the City is required to make an initial offer as defined by, and in compliance with, Texas Property Code §21.0111 ("Initial Offer"), and a bona fide offer, as defined by, and in compliance with, Texas Property Code §21.0113 ("Final Offer") to acquire the Property Interests for public use, voluntarily, from the subject landowner(s) before beginning the acquisition of the Property Interests by eminent domain; and WHEREAS, the City Council deems it necessary to authorize the City Attorney to initiate condemnation proceedings in order to acquire the Property Interests if an agreement cannot be reached with the subject landowner(s) for the purchase of the Property Interests; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON ORDAINS: Section I. The City Council finds that the recitals made in the preamble of this Ordinance are true and correct, and incorporates such recitals into the body of this ordinance as if copied in their entirety. Section II. The City Council authorizes acquisition of the Property Interests, as more particularly described in the attached Exhibit "A", for the reasons and purposes set forth above together with all necessary appurtenances, additions and improvements on, over, under, and through the Property Interests. Section III. The City Council authorizes the City Attorney, or her designee, to negotiate for and to acquire the required property rights in the Property Interests for the City, and to acquire these rights in compliance with State and any other applicable law. The City Attorney, or designee, is specifically authorized and directed to do each and every act necessary to acquire the needed property rights in the Property Interests including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the Property Interests to be acquired and any other experts or consultants that she deems necessary for the acquisition process, to retain qualified outside litigation counsel as needed, and, if necessary, to institute proceedings in eminent domain. Section IV. The City Manager, or his designee, is appointed as negotiator for the acquisition of the needed Property Interests and, as such, the City Manager, or designee, is authorized and directed to do each and every act and deed specified or authorized by this Ordinance, subject to the availability of funds appropriated by the City Council for such purpose. The City Manager, or designee, is specifically authorized to establish and make offer(s) of just compensation for the acquisition of the Property Interests. If an agreement as to damages or compensation cannot be reached then the City Attorney, or designee, is authorized and directed to file or cause to be filed, against the subject landowner(s) and interested parties of the Property Interests, proceedings in eminent domain to acquire the Property Interests. Section V. The City Manager, or his designee, is authorized and directed to make an offer to the subject landowner(s) of the Property Interests in the amount of $384,450.00 as just compensation for the Property Interests with said amount being based on an amount determined by an independent fee appraisal obtained by the City. Section VI. 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 VII, This Ordinance shall become effective immediately upon its passage. PASSED AND APPROVED this the f dal ATTEST: JENNIFER WALTERS, CITY SECRETARY PPR��ED AS "I LEGAL FORM: ANITA xCOhaSS, CITY ATTORNEY BY: Exhibit "A" - Property Interests 1171 FIE 25.630 ACRES CITY OF DENTON Wm. WILBURN SURVEY, A-1419 DENTON COUNTY, TEXAS Being 25.630 acres of land, situated in the Wm. Wilburn Survey, A- 1419, Denton County, Texas, and being of a called 691,64 acre tract which was conveyed to Eagle Farms, Inc,, et al by an instrument recorded Linder document number 93-077959 Denton County Deed Records (DCDR), said 25.630 acres of land being more particularly described by metes and bounds as follows; BEGINNING at 1/2" iron rod with a plastic cap found at the most easterly corner of the above mentioned called 691.64 acre tract, the same being the southwest corner of a 19,97 acre tract (Tract 2) which was conveyed to the City of Denton by an instrument recorded in Volume 871, Page 142, DCDR, the same also being in the north boundary line of an 11.54 acre tract (Tract 1) which was also conveyed to the City of Denton by said Volume 871, Page 147, DCDR; THENCE N 89" 27' 12" W, along the north boundary line of said Tract 1, the same being the most easterly south boundary line of said called 691.64 acre tract, a distance of 50.14 feet to a 1/2" iron rod with a plastic cap found for corner; THENCE S 24" 52' 01" W, along the west boundary line of said Tract 1, the same being the southeast boundary line of said called 691.64 acre tract, a distance of 659.89 feet to a 1/2" iron rod found at the southwest corner of said Tract 1, the same being the southeast corner of said 691.64 acre tract, and also being in the north boundary line of a 147,26 acre tract which was conveyed to the City of Denton by an instrument recorded in Volume 1675, Page 546, DCDR, THENCE N 89" 27' 59" W, along a south boundary line of said called 691,64 acre tract, the same being the north boundary line of said 147.26 acre tract, a distance of 353.89 feet to a 1/2" iron rod with a plastic cap stamped "KSA ENG" set for corner, a '/2' iron rod found at the northwest corner of said 147.26 acre tract bears. N 99' 27' 59" W, 1087.72 feet; THENCE N 070 10' 42" W, a distance of 1671.18 feet to a '/2" iron rod with a plastic Gal) stamped "KSA ENG" set for corner; THENCE S 89' 39' 47" E, a distance of 752.49 feet to a 1/2" iron rod with a plastic cap stamped "'KSA ENG" set at the point of intersection with the cast boundary line of said Exhibit "A" - Property Interests called 691,64 acre tract, the same being the west boundary line of said Tract 2, aV2" iron rod (bent) found at the northwest corner of said Tract 2 bears, N 07' 25' 06" W, 44237 feet; THENCE S 070 25' 06" E, along the west boundary line of said Tract 2, the same being the east boundary line of said called 691.64 acre tract, 1067.65 feet to the PLACE OF BEGINNING and containing 25.630 acres of land, more or less. The bearings and distances recited herein are GRID based on the Texas State Plane Coordinate System (NAD83) North Central Zone using NGS monuments TXWE, TXN.O, TXCO, and DTO C. This description and corresponding plat were prepared from a survey made on the ground under my Supervision. / f1 0"' j',"1,""'\vorth Hudson 'Re""istered Professional Land Surveyor 9 Texas Registration No. 4850 IAA ENGINEERS T13PLS Firm Reg. No. 10115000 �'A Exhibit "A" - Property Interests 6q1 64 Ac. Eagle Fcvrns, lnc, et d Doc, ii4o, 9']1 077959 c.) r. t J 200 R:Zr3K�:�llllllllMlllll SCALE:V=200' a, Wm. WILBURN SURVEY A- 1419 0 Oa 6cates 1/2' IR w/ IKSA ENG" calla Set Urgess oflherwPse noted 112�11! 4,27 1 59 W, 1087_U, to m N s 89"39"47 E 7524W TRACT 2 Y997 Ac CRy or Denton Vol. SIT Pg. 142 N 89'27'12" W 50.14 ^, F'.d 1/2' IR -/Gap PAB Fd 1/2' M a� TRACT I 11 .54 Ac City of Denton Vol, 871 l:1g 142 NV89"2 7'59' W 353.89'j M (b*M) 147.26 Ac City of Denton Vol 1675 Pei 546 the U1e"06JITJS Ond I1l4Mruara 7 §rowi7 1^r heroor, ary :,,od,,,ed on Jif, lmlfo% "jtot,a, Pl+mp, SysleQ) (NAD R), Mcmurvmw4 iXwr, M40 and WO C, ijild m003 orld bewrd6P('m1 �,me pi'c Yr"orn as Survey rricMW oo Ilia, groond um"lor I'my ,oaperv!"','iOr, ............ . . . . JDote IhAdaon , 0�,O,aj Professional Land Surveyor Ie�os Registrotion No, 4850 KSA Wm. WH BURN SURVEY A-1419 E i� G I N F,.- [:'7, S 25.630 ACRES CITY OF DENTON DENTON U CONTY, ..TEXAS . ......... ... .. . .. . ......... 3 OF 3