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Home My WebLink About2006-196ORDINANCE NO. �—" — Z 96 AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND ROBSON DENTON DEVELOPMENT. LP PROVIDING FOR THE ACQUISTION THROUGH PURCHASE OR CONDEMNATION OF CERTAIN WATER UTILITY AND TEMPORARY CONSTRUCTION EASEMENTS LOCATED IN THE E. PIZANO SURVEY, ABSTRACT NUMBER 994, AND THE B.B.B. & C. R.R. CO. SURVEY, ABSTRACT NUMBER 158, THE CITY OF DENTON, DENTON COUNTY TEXAS AND BEING WITHIN A PARCEL OF LAND CONVEYED TO PETRUS INVESTMENTS, LP, BY DEED RECORDED IN VOLUME 4246, PAGE 574, AND WITHIN A PARCEL OF LAND CONVEYED TO ROBSON/35W INVESTORS, L.P., BY DEED RECORDED IN VOLUME 5090, PAGE 1241 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council hereby finds that it is in the public interest to enter into an agreement with Robson Denton Development; LP providing for the acquisition of certain public easements in the name of the City of Denton, a copy of which agreement is attached hereto and made a part hereof as Exhibit A (the "Agreement'); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Agreement is hereby approved. The City Manager or his designee, is hereby authorized to sign the Agreement on behalf of the City. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /?6� day of , 2006. X McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY C APAOVED A1S TO LEGAL FORM: EDWIN M�ER, CIT ATTORNEY BY: �/ AGREEMENT WHEREAS, Robson Denton Development, LP, an Arizona Limited Partnership ("Developer") is the developer of a subdivision or addition to the City of Denton, Texas (the "City") known as Robson Ranch (the "Development"); and WHEREAS, certain water line easements are necessitated by the Development as more particularly described in Exhibit "A' attached hereto and made a part hereof by reference (the "Easements" or "Easement Property"); and WHEREAS, there is a public interest for the City's acquisition of the Easements as the waterlines to be constructed in the Easements will serve the community as well as the Development; and WHEREAS, the Easement Property is owned by another property owner who is unwilling to grant or convey the Easements for public use at fair market value; and WHEREAS, the Developer has requested, in accordance with State law, that the City use its power of eminent domain to obtain the Easements; and WHEREAS, the condemnation of the Easements are in the public interest and for a public purpose; NOW, THEREFORE, WfIWESSETH: This agreement is made this / 0Lk day of 2006, by and between Developer and the City, in consideration of the mutual v and promises of each, agree as follows: I, Attorneys Services. The City Attorney, with the approval of Developer shall retain local counsel to provide the legal services to negotiate the acquisition of and institute and pursue proceedings in eminent domain to acquire the Easements, in the name of and as the property of the City. The local counsel shall prepare all petitions, motions, notices, and other legal documents necessary to initiate and prosecute condemnation proceedings, subject to the review and approval of the City Attorney. The Developer shall pay all attorney fees directly to local counsel. II, Pn3ment of Condemnation Casts by Developer, All filing fees and Courts Costs, appraiser, expert witness fees, condemnation awards and judgments, recording fees, or other costs or fees resulting from or associated with the condemnation (called "Costs') shall be paid by Developer. II], Pn3ament of Acnnisitinn Cast by Develnner, Developer agrees that it will pay the award for the condemnation made either by the Special Commissioners, or on appeal, by judgment of the court. Should the condemnation case be non -suited or dismissed at any time prior to the entering of a judgment in this matter, Developer agrees to pay any costs assessed by the court against City including, but not limited to, attorney, expert witness fees and costs of the condernee. 1V, Anneal of f nmmiccionerc' Award. If, by reason of the amount of the commissioners' award made, Developer is obligated to deposit in satisfaction of the award to seek right of immediate possession any amount in excess of market value for the Easement, then Developer may request, in writing within ten days of said award, that City appeal the award made. Upon such request and the Citys determination that the award was excessive, the City may, in fiilfillment of its sovereign duties and obligations within its sole discretion, authorize an appeal of the award. Developer shall pay all costs and expenses of an appeal of the commissioners' award whether appealed by the City or the condemnee. Upon final judgment of such appeal, Developer shall pay the judgment of the court. V. FS r»w of Fnndc. Before the City shall proceed with any condemnation proceedings, Developer shall pay to the City $425,000. as security for the payment of the Costs (the "Escrow"). If the Escrow is not paid within 30 days of the date of this Agreement, this Agreement shall automatically terminate. Should the Costs exceed the Escrow, Developer shall tender to the City the difference together with an amount deemed reasonably necessary by the City to continue to prosecute the case, no later than 30 days after written notice from the City. A failure to supplement the Escrow within said 30-day period may result in the City's termination of the case at Developer's sole expense. Developer understands that the Commissioners' Award together with other costs to that date could exceed the amount of the Escrow. In such case Developer must pay to the City the difference, before the amount of the Commissioners' Award could be deposited and possession of the Easements could be obtained, pending final disposition of the case. If the Escrow exceeds the final Costs, the City shall reimburse Developer the difference no later than 60 days after entry of a final non -appealable judgment, date of settlement with the condemnees, or date the condemnation is terminated or abandoned, whichever occurs first. The City shall pay no interest on the Escrow. The City is permitted to draw money out of the Escrow at any time and without the consent of Developer for payment of the Costs, or any portion thereof. V1. Release • Developer agrees that the acquisitions of the Easements provided for in this agreement are for the following public purpose: Public waterline facility purposes. Developer further agrees that it shall not make any claim against City, or hold City liable, for any loss or damage suffered or incurred by Developer as a result of any interruption or delay in condemning or acquiring the Easements or to complete any required off -site improvements resulting from any legal challenge to the right of City to condemn the Easements, provided the City takes reasonable steps to address each such legal challenge. VQ. Fntire Agfcement This instr orient contains the entire agreement between parties,is not and no statement, promise, or inducements made by any party or agent of any party contained in this written contract shall be valid or binding; and this agreement may not be enlarged, modified, or altered except in writing signed by all the parties and endorsed hereon. VQ, Vennp Any action at law, suit in equity or judicial proceeding for the enforcement of this contract or any provision thereof shall be instituted only in the courts of Denton County, Texas. VM. Acci�_ gn menu, It is agreed by the parties that there will be no assignment of this agreement without the written consent of all Parties. IX. NotifS. All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the addresses shown below, certified mail, return receipt requested, unless otherwise specified herein: To DEVELOPER: Robson Denton Development, LP 9532 East Riggs Road Sun Lakes, AZ 85248 Attention: Peter Gerstman To CITY: Edwin M. Snyder City Attorney's Office City of Denton 215 East McKinney Street Denton, Texas 76201 X. Limitation. Notwithstanding anything to the contrary contained herein, the total liability of Developer for payments under or pursuant to this Agreement, including but not limited to payment of attorneys' fees, Costs, and any condemnation award, and including but not limited to any amounts paid towards the Escrow, shall not exceed $425,000. , without additional authorization and agreement between the parties herein. However, Developer shall be ft y responsible for all costs and expenses and voluntary dismissal judgments (or judgments where dismissal is not available) through the "shut down" date. EXECUTED on the date fast above written. CITY OF DENTON, TEXAS vkaolc Howard Martin INTERIM CITY MANAGER 215 E. McKinney Denton, Texas 76201 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ti > APPROVED AS TO LEGAL FORM: EDWIN SNYDER, CITY ATTO NI BY: ROBSON DENTON DEVELOPMENT, LP, An Arizona Limited Partnership By: Denton Property Management Company, An Arizona Corporation doing business in Texas as Robson Denton Management Company, its Sole General Partner BY: Name: CiW a gd will,I � / P ATTEST: law "'I 25 FOOT WIDE WATER TINE EA6EI.EM PETRUSWIESTLEMS,IP A TAENFT+NE M FOOT WILE YUTER UIE EMEAENTCN AlDACROSS A.. ACE TRACT CONVEYED BY DEED TO PETRA 4 STNI IS, UP. AND RECORDED IN IN VLLUAE DAS PAGE A<, DENTON COUNTY DEED RECORDS, TRH . AND µ IO BEING OUT OF TE E PBND SUNET. A10( DEMON WIMT, TFXA6.AIDffING MORE SFEGFlULLT DESCROEO BY IETES ANDBgIOS AS FIXLGM1S: BEGMNNG AT A POINT W T NORTH RGR-0E-WAY UFE FlELO W1E6 ]5 FOOT NICE RETINUEINIIb E 11NE6WEE/ NOINNG FASENEM TLENTS, IP A TN£NITFVE FOOT WDETEWIXWtY NVWONG EMEFEM ON AND ACROSS A2YS.6 ACRE TRACT PoINETED BY DEEDTO PETRUS BNESTA£NIS, UP. AND RECORDED IN IN VOLUMEA PAGE 574. DENTON WUiTT DEED REWYb. TRAU 1'. AMA BEING OUT OF THE E PUAD 6UNET. A6 DENTON COUNTY, TEXAS. AND BEWG MGE BPEGFCMLT CE6CRBEDBY IEIES NOBIXIQS AS FIXLONS: BEGINNING ING AT A POINT IN THE MST UFE OF SAID 23 6,10 MINE MINUS TRACT, M N IFCRTHESCVIHAESTCGiFERA1D RACE OF BEGPNNG Ci THS EA.SEAENf, FdiTFE SCUMAE6T CORER ND PULE OF BE61MiN30F TN6 FASEI.EM; THENCE IE..END MET RIGHT-0FMAT UNE AND AU GAG TIE EAST UM OF SAID PEIRAi TEIDE ALONG THE EAST UN=OF SAID PI TM147T. MRM Ol114]B WEST MOD FEET TMCT, NJRINWWWB FASTE.W FEET TOAPOINT FOR THE HDRLIME6TCORNER CF THIS TO A FOIM FOR THE NORRN•EST CORNER OF THIS WENEM; W' THE IDE SOUTND'IIST EAST 41N.W FEET TO POI UT FOR W WER THEIDESOUMMlY EABTA1W.8]iTTOAPGMFGI WIAFA; THENCE NJRR1 W'S1RI'FAST ]II.W FEET TOA PGM FGI CORER TIETDE NDR1H BV51'2! 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RM UNEflOB40N RIlICH RMDFGi THE SDUDE0.5T WREROFTH6 FASELEM: A I TKIDE IEAWNG SAID EAST UIENORTH 69'SST EVSTM/ FEET TO APGMFCQWREfl: p' THENCE ALONG SAID NORTH RIGMAFLFE OF ROOSON RANGI ROAD AS F DNNS. THENCE SOUTH WTIW MST MW FEET TO A PINT FOR WRER ^P '^z 1 WRTHSY225A'WEST29JJO FEETTOAFOMFORCCWER: SOUIII W'Gf2T EA5T5.W FEETTOAPOWTFGi WRNF.Tt THENCE NXWTHN'RST NEST IA.DFEET TOAPoINTfIXt CCRFIt N UEE I51'KEST2W.W FEET iOAFGM FOR CCflNFA; THENCE SOUTH W'5121MST SIT W FEET TO A PI FOR CODER e5 F06I SOU7U 9 EASTSWFEETMAFMMFDNUGER NJRTHW']2 MSTOXMFEETTOAPOIMFORtCWER THENCE NORTH N'l2El' INSIST MM FEET TO A PONT FOR COINER 35.6C Acm ROSSON/35W 1NVH5]YIAS. LP. F`J SOLUN roA ....WFEFTTOAFpMFORCG4ER THENCESOU]HWSI•N'NESTMWMETMAPOMFORO.^.(OER VOL 509p. M. ll L D.R.D.C.T. mQ NOISGWSTNEST 413526 FEET TO TE PI OF BEGNYM1'C AND COMAWNG SCOA AGREE. NOREO USS THENCE NORM 39'YSi' NEST <fOS61FFETTOTIE PIACE OF BEGINdW MD COMNNM• SW] O' I C AtlES, MORE OR IFSS. LSD MANOo SURVEY, a-094 D29A9 Aae SQ�'VCtiV VO0L1-tlM, PG. WS]4,I, "Rp.RAGT. ,A.1 P4C60F BEDD1101G� N f N i N� P YYY _ Fw>EAIert_ �9 PQEFoi B1WWRMo' .. — .. — — .. .. roeaox nAxcxA! Zolm;_)_ .. IF— S F:1DWG4'WS2161WNy12DOSZISevIM1dry I#[ID JIM Prepared By., BIGGS & MATHEWS, INC. 2500 BROOK STREET WICHITA FALLS, TEXAS 76301 Ph. 940-766-0156 EXHIBIT A Easement No. 5 E. PIZANO SURI/EY,w S0093➢0'E R10T' UNA9 Ane PBTRUS RNI'SIMHiY'S,TF VOL tlA6, PG. WSYI,APBD.CT. / \ /I� I / RR ARK IANOOSEDPA \\ �� DD OD DD NSF R"QY�ZT PROPOSEDPARK LANG OEgGTON / 'C:y'TY I NOTE; 3SWw 80BSON/W➢iVESTOR TWSPIATWA MWEDFROM TEED S AND DOESNDTREPRESENLANON 5 THGRDUNDSURE...VA4 VOL 50M. PG. DR➢GT. / I Prepared By: ,6/ BIG 8 I 00 ROOKSTTHEWS, ET 2500 BROOK STREET � WICHTTA FALLS, TEXAS 76301 3 Ph. 940-766.0166 OF 4Q' O\6Tpy EXHIBIT AIDRRY 2 PLACE OF BEGINNING p� ¢y j GRAPHIC SCAI.L I Easement No. 3 gorYrt WORKING EASEMENT SUP / d i 1w Fffr1 I PLACE OF BEGINNING WATER LINE EASEMENT RY NE Ay w ,ry FIEUUNOT ) MOTWM TEMFVRARf YATFWNO EASEMENT PETRUS VNESTA£NIS, Y A TAENIYF OS) MOT WIDE TEI.fUNM MIRRING EASEMENT ON ADACROSS A iP9T8 ACRE TRACT WM/EYF➢ BY DEED TO FEIRUS WVESTA£NTS. t .MID MODFDED IN IN VODR.IE ANB. PAGE E/A. DENTON WIMY DEED RECORDS, TRACT'T. AND L BEINOOUTOF'IHE E RIANOSIIRJEY. A89I. DBDIXJ W WIT.TEYJS. AIOBEVD Mcm BFECGIGV LY [EECAI SD BY METES KN BOIFDS A8 FIX1Dhu: BEGYMND AT AfWIT IN TIE NEST RGHT I AY DIE Of WTFRSTATE 35 W. AND BEING TIEM TEASTERNSONIEASTCOTP MAS.NACAETRACTWNJEYEOIOROBSCWDN INVESTORS A . LP., ANDWOORCEO IN VDUS IE , PAGE 1i41,CENTCNCgN1Y DEEDPMAS. uD A sPRNEwsT o3RNER v BUD PETRz m,N: r: THENCE TEAVWJ SAID WEST RGHT{E AY UK AND UDNO THE WEST UK OF SAID R£TRS TRACT. NORM OTPAI' EASTSag FEETM THE PLACE OF SEGH ND W MS EASEMENT: TIEIDE NORMa0W01'FAST`A.DFEETALgYO TIE NEsruNE aF SVDFETRIf TRACTro A PqM FOR TIE SMiMEbT CORER OF TNS EASEAEM: TIENDE NDRM ]9fd`]f FABT Alb FEET l0 A PaM FCA COMER llflfE HRTIAW W EASTM.TSFEETTO A MINT MRODRER T WE NORTH ]T.BA'EAST S620 BEET TO APOINT FOR THE NORDMEST C RCF THIS EASEMENT: THENCE SOUTH %T7F51' EAST 5.10 FE M A MINTN TIE WEST RIGIRCF.WAY UK INTERSTATE H.XY S W FORA NORTHEAST CORNER CR THIS EASOWRT. TI£N.EALON3 SAID MST RCM#WAY U E SOUTH0]4YLP FASTI1.12FEETTO A ROMMR TE ROSTSOUITERT WRRES6TCORNE(t CFTHS FASEAEM; TENCE UE INO SNDNEST RQRT FMAY UNE SOUTH NSSST WEST MM MET TO A P W MRCORER T ENCE 80OM 33'lYJl NEST M7 78 FEET TO A MINT MR CdAER: TENCE.ID1YN!MST M. FEETT3TIE PIACE OF M..'. AND OOMNNNO'W O H.S. OU O CO. 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