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HomeMy WebLinkAbout24-731ORDINANCE NO. 24-73 1 AN ORDINANCE OF THE CITY OF DENTON DETERNirNiNG THE PUBLIC USE, NEED, AND NECESSITY FOR THE ACQUISITION OF (1) PERMANENT ELECTRIC EASEMENT, GENERALLY LOCATED AT 3833 AIRPORT ROAD, DENTON, TEXAS 76207, A 0.408- ACRE EASEMENT TRACT (526551), FASTENAL ADDITION, BLOCK A, LOT 1 FOR THE DENTON WEST TO RD WELLS PROJECT, PARCEL NO IA, SITUATED IN WILLIAM NEIL SURVEY ABSTRACT NO. 970, ALL IN THE CITY AND COUNTY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT “A“ (COLLECTIVELY, THE “PROPERTY INTERESTS”); AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY, TO ACQUIRE THE PROPERTY INTERESTS BY AGREEMENT, IF POSSIBLE, INCLUDING MAKING ALL OFFERS REQUIRED BY LAW; AUTHORIZING THE USE OF THE POWER OF EMINENT DOMAIN TO CONDEMN THE PROPERTY INTERESTS IF AGREEMENT CANNOT BE REACHED; AUTHORIZING THE CITY ATTORNEY, TO FILE EMINENT DOMArN PROCEEDINGS IF NECESSARY; AUTHORIZING THE EXPENDITURE OF FUND[NG; MAKING FrNDiNGS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Texas Department of Transportation (“TXDOT”) right-of-way expansion and improvement project, Parcel No. 1A, requires a permanent easement to maintain clearance and prevent overhead encroachment at the intersection of Airport Road and Corbin; and 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, comprised of a permanent easement, by the City of Denton (“City”). The City Council finds that the acquisition of the Property Interests is a valid public use necessary to provide electrical utilities to maintain clearance relocation and prevent overhead encroachment at the intersection of Airport Road and Corbin Road for the Denton West to RD Wells utility transmission line rebuild (Denton West to RD Wells Project) located in the City of Denton, all for the public safety and welfare (collectively, the “Project”), to serve the public and the citizens of the City; and WHEREAS, the acquisition of the Property Interests identified in Exhibit “A“ is necessary in furtherance of the Project; and 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 landowners before beginning the acquisition of the Property Interests by eminent domain; and WHEREAS, independent professional appraisal reports of the Property Interests will be submitted to the City as required by Chapter 21 of the Texas Property Code, and the City Manager or their designee will establish a certain amount determined to be just compensation for the individual Property Interests based on the appraisals and fair market values of the Property Interests and any applicable fees necessary to acquire the Property Interests; 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 landowners for the purchase of the Property Interests; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON ORDAINS: SECTION 1. 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 2. 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 3. The City Council authorizes the City Attorney, or 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 and conveyance documents, to retain and designate a qualified appraiser of the Property Interests to be acquired and any other experts or consultants that he deems necessary for the acquisition process, to retain qualified outside litigation counsel as needed, and, if necessary, to institute and conduct all parts of the proceedings in eminent domain in accordance with the laws and procedures of the State. SECTION 4. The City Manager, or their designee, is appointed as negotiator for the acquisition of the needed Property Interests and, as such, the City Manager, or their 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 their designee, is specifically authorized to establish and make offer(s) of just compensation for the acquisition of the Property Interests to the respective landowner(s) in accordance with State and any other applicable law. If an agreement as to damages or compensation cannot be reached, then the City Attorney, or their 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 5. It is the intent of the City Council that this Ordinance authorize the City Manager and City Attorney, or their designee, are authorized to perform all steps necessary to obtain the Property Interests necessary for the Project, whether through negotiation or condemnation, including the expenditure of funds. SECTION 6. It is the intent of the City Council that this Ordinance authorize the acquisition and condemnation of all property interests required for the construction and installation of the Project for public uses to serve the public and citizens of the City. If it is determined that there are scrivener errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the City Attorney or their designee is authorized to have such errors corrected or revisions made without the necessity of obtaining a new City Council Ordinance authorizing condemnation of the corrected or revised property. The Project is generally located along Interstate 3833 Airport Road, at the intersection of Airport Road and Corbin Road all in the City and County of Denton, Texas. SECTION 7. In the event that Special Commissioners, appointed by the Court during condemnation proceedings, return an award that is the same amount or less than the amount offered by the City for just compensation, the City Attorney is hereby authorized to settle the lawsuit for that amount. SECTION 8. Following an award by Special Commissioners, the City Finance Director is hereby authorized to issue a check from the appropriate fund in an amount not to exceed the Special Commissioners’ award payable to the County Clerk of Denton County to be deposited in the registry of the Court to enable the City to take possession of the respective Property Interest(s) without further action of the City Council. SECTION 9. 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 10. This Ordinance shall become effective immediately upon its passage. The motion to approve,this ordinance was made by Ibe Holt ,b_ ) and seconded by V sc h ; By 1 J , the ordinance was passed and approved by the following vote K - A : Aye Nay Abstain Absent Gerard Hudspeth, Mayor:V P/ I Vicki Byrd, District 1 : Brian Beck, District 2: Paul Meltzer, District 3 :./ Joe Holland, District 4:./ i/ ,/ Brandon Chase McGee, At Large Place 5 : Jill Jester, At Large Place 6: q *- ...,„, .\PASSED AND APPROVED this the I day of \J r,He . 2024. ATTEST: LAUREN THODEN, CITY SECRETARY mE OR dawUK Adl APPROVED AS TO LEGAL FORM: MACK RErNWAND, CITY ATTORNEY AP. Sd;@@ ddLZ EXHIBIT “A” The Pro Interests OwnerPro Fastenal Company SOS Officer EXHIBIT “A” ELECTRIC EASEMENT Fastenal Company Tract BEING a 0.408-acre tract of land situated in the William Neill Survey, Abstract No. 970, in the City of Denton, Denton County, Texas, being part of a called 18.544-acre tract of land, as described in deed to Fastenal Company, recorded in Document No. 2004- 48713 of the Official Records Denton County, Texas (O.R.D.C. T.), and being further described as part of Lot 1 in Block A of the Fastenal Addition, recorded in Cabinet X, Page 854 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8-inch iron rod with cap stamped “TXDOT found at the north end of a corner clip at the southwest corner of the intersection of F.M. 1515 (Airport Road, variable width R.O.W.) with Corbin Road (variable width R.O.W.), said point located in the existing south right-of-way line of said F.M. 1515 as described in deed to the State of Texas, and recorded in Document No. 2022-93309 (O.R.D.C.T.); THENCE North 88'56'00" West, along the existing south right-of-way line of said F.M. 1515, a distance of 398.06 feet to the intersection with the most westerly line of a called 1.25-acre Electric Easement as described in deed to the City of Denton, recorded in Document No. 20 WI-31236 (O.R.D.C. T.), and being the POINT OF BEGINNING; THENCE South 01'13'15" West, departing the existing south right-of-way line of said F.M. 1515, and along the west line of said Electric Easement, a distance of 9.38 feet to the most westerly southwest corner of same; THENCE South 89'18’04" East, along the south line of said Electric Easement, a distance of 388.18 feet to an interior eII corner of same; THENCE South 00'06'16" East, along a west line of said Electric Easement, a distance of 248.76 feet to a point for corner; THENCE North 04'09'26" West, departing the west line of said Electric Easement, a distance of 204.17 feet to a point for corner; THENCE North 87'48'20" West, a distance of 386.94 feet to a point for corner; THENCE North 01'05'58” East, a distance of 44.66 feet to the intersection with the existing south right-of-way line of said F.M. 1515, from which point a found 5/8-inch iron rod with cap stamped “TXDOT” bears North 88'56'00" West, a distance of 364.92 feet; THENCE South 88'56'00" East, along the existing south right-of-way line of said F.M. 1515, a distance of 12.20 feet to the POINT OF BEGINNING and containing 0.408- acres (17,787 square feet) of land, more or less. DMEI 3222 Page 1 of 3 An Easement Exhibit of even date herewith accompanies this Legal Description. See Exhibit “B”. NOTE: Bearings are referenced to Grid North of the Texas Coordinate System of 1983 (North Central Zone 4202: NAD83 (201 1) EPOCH 201 0) as derived locally from RTK Network Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) survey methods. The distances shown hereon represent surface values utilizing a Surface Adjustment Factor of 1 .0001 50630 to scale from grid to surface. ; fi B: , IL_7_ . _el.'1!Rd 3200 S. Interstate 35E, Suite 1 129 Denton, Texas 76210 940-3834177 TBPLS Firm No. 10011601 Teague N;II & Perkins _@':, DMEI 3222 Page 2 of 3 gi !!€qa ! } { } } ! ! ! { i i } } } { } } i } } ; } ; 1E! ! I ! ! ; g 1%PI I& : P 6 : ai i a) g B i 3a' m 2 g iQ: gg gBi :$ g98'n •a • db Uld Ul gg i:::::5 g g gA i g +nil, b< Fri Q P9 g)A B g ;gg ;i 86 :aDi Bi a $ TI gi g !i < eD i I> 0 ,U Ur) '1 a) ii illgi:; ty lb g aD ;i gg£ i Oi ! ! b g #! QB aA2a GAS LINE EASEMENT DOC. NO. 200443848 O.R.D.C. I CIMMF aE 4© m CALLED 1.25 ACRES ©aX6 I DOC. NO. 200441236 O.R.D.C. T. I ! ! ! i gqgqa) EXISTING RIGHT4F4VAY LINE.)6.5' R.0.W. DEDICATION CAB. X. PG. 854eORBIN ROAD V