1988-1372409L
NO J3
ORDINANCE AN AGREEMENT BETWEEN E CITY DENTON,
STRATA PROPERTIES, INC AND DAN C COFFEY AND JEFF ROBB,
ATTORNEYS AT LAW, AUTHORIZING SAID ATTORNEYS TO ACT ON BEHALF OF
THE CITY OF DENTON TO INSTITUTE AND COMPLETE CONDEMNATION
PROCEEDINGS TO ACQUIRE A DRAINAGE EASEMENT, AS MORE PARTICULARLY
DESCRIBED HEREIN, PROVIDING FOR THE PAYMENT OF COST OF
CONDEMNATION BY STRATA PROPERTIES, INC , AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, Strata Properties, Inc is constructing a
residential development in the City of Denton and, pursuant to
City ordinance, is required to provide for and pay the cost of
all off-site stormwater drainage easements and facilities
necessary to serve its development, and
WHEREAS, Strata Properties, Inc has been unable to purchase
fair market
to be made, and
site drainage facilities easements
for the
WHEREAS, the condemnation of land for drainage improvements
would be in the public interest and for a public purpose, and
WHEREAS, the City of Denton wishes to retain the legal
services of Dan C Coffey and Jeff Robb, Attorneys at Law to act
on behalf of the City to acquire by condemnation the necessary
drainage easements, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Mayor and City Secretary are hereby
author ze an directed to execute and attest, respectively, the
agreement between the City of Denton, Strata Properties, Inc ,
and Dan C Coffey and Jeff Robb, Attorneys at Law, authorizing
Dan C Coffey and Jeff Robb, to act on behalf of the City of
Denton to institute and complete condemnation proceedings to
acquire a drainage easement, as more particularly described
herein, and providing for the payment of cost of condemnation by
Strata Properties, Inc , in accordance with the terms and
conditions of said agreement attached hereto
SECTION II That this ordinance shall become effective
imme ate y upon its passage and approval
PASSED AND APPROVED this the /vl!!~ day of Qaiz& 1988
y N , YO
ATTEST
J I PER AL 'RS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY w"~
2409L
THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF DENTON,
STRATA PROPERTIES, INC , AND DAN C
COUNTY OF DENTON § COFFEY AND JEFF ROBB, ATTORNEYS AT LAW
WHEREAS, Strata Properties, Inc , a Texas corporation with
offices at 525 North Locust Street, Denton, Texas 76201, has
received approval from the City of Denton, Texas, a municipal
corporation with offices at 215 East McKinney, Denton, Texas, to
construct and develop a residential development in the City of
Denton, Texas, and
WHEREAS, pursuant to the City of Denton's Code of Ordinances,
Strata Properties, Inc is required to provide for and pay the
cost of all off-site stormwater drainage easements and facilities
necessary to serve its development, and
WHEREAS, Strata Properties, Inc has been unable to purchase at
fair market value the storm drainage easements necessary to provide
for the off-site drainage facilities required to be made, and
WHEREAS, Strata Properties, Inc has requested, in accordance
with the ordinances of the City of Denton, that the City use its
power of eminent domain to obtain the off-site drainage easements
so that the required drainage improvements may be completed, and
WHEREAS, the condemnation of the land for off-site drainage
improvements would be in the public interest and for a public
purpose, and
WHEREAS, the City of Denton wishes to retain the legal services
of Dan C Coffey and Jeff Robb, Attorneys at Law of Denton, Texas,
to act on behalf of the City of Denton to acquire by condemnation
the necessary drainage easements, the costs thereof to be paid in
accordance with this agreement, now, therefore,
WITNESSETH
This agreement made this~day of ~ 1988, by and
between Strata Properties, Inc ("Strata t e c ty of Denton,
Texas, ("City") and Dan C Coffey and Jeff Robb, Attorneys at Law
("Attorney"), in consideration of the mutual covenants and
promises of each, agree as follows
1 Attorney's Services City agrees to retain the legal ser-
vices of Attorney to act on behalf of City to institute and com-
plete proceedings in eminent domain to acquire an off-site drainage
easement to allow for the completion of required stormwater drain-
age improvements required by Strata to serve its development in
accordance with the plat and plans approved b attached The land to
be condemned is described in Exhibit A F B
incorporated herein by reference
After approval of a resolution authorizing the condemnation
and approving this Agreement, Attorney shall prepare, file, and
serve all petitions, motions, notices, and other necessary docu-
ments and take all actions as required by state law to initiate,
prosecute, and complete to final judgment the condemnation herein
authorized, so that upon final judgment City will be vested with
an easement for drainage purposes, unencumbered by the claim of
any, person Attorney shall not initiate any appeal from the award
of the Special Commissioners except upon approval of the City
Attorney shall promptly provide to City copies of all peti-
tions, papers, or other court documents filed in the condemnation
action authorized and all other correspondence, letters, or other
documents delivered to any person to effectuate the condemnation
2 A roval of A raisers and A raisal Re orts b Cit
Strata an Attorney s a o tarn the prior wr tten approval o Me
city prior to making use of any appraiser or appraisal report for
any purpose related to the condemnation authorized herein, includ-
ing the use of such appraisers or reports for negotiations with
the landowners of the property to be condemned, or as evidence of
the market value of the land to be condemned as submitted to the
Special Commissioners or the court or fury at trial upon any
appeal of the Special Commissioners' award
3 Pa went of Ac uisition cost b Strata All fees of
Attorney, ng ees an court costs, ommissioners' fees,
appraiser and witness fees, recording fees, the award of the Com-
missioners, or the amount awarded by the court or jury upon trial
from appeal of the Special Commissioners' award, or any other
cost, expenses, and fees related to the condemnation authorized by
this Agreement shall be paid by Strata
4 Hold Harmless Strata agrees that the acquisition of land
provide or n tRfs Agreement is for the sole purpose of allowing
Strata to complete necessary off-site drainage improvements as
required by City's ordinance to handle stormwater drainage from
its development project Strata shall not make any claim against
City for any loss or damage suffered or incurred by Strata as a
result of any interruption or delay in condemning or acquiring any
property necessary for Strata to complete any required off-site
storm drainage improvements resulting from any legal challenge to
the right of City to condemn the land specified in this agreement,
delays resulting from Attorney's performance or nonperformance of
this agreement, or any other delay which results from any cause
not within the reasonable control of City
5 Entire A reg_ ement This instrument contains the entire
agreement etween-the parties, and no statement, promise, or
inducements made by any party or agent of any party that is not
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
PAGE 2
6 Venue Any action at law, suit in equity or judicial
proceed n~g--Eor the enforcement of this contract or any provision
thereof shall be instituted only in the courts of Denton County,
Texas
7 Assignment it is agreed by the parties that there will be
no assignment of this agreement without the written consent of all
other parties
EXECUTED on the date first above written
CITY OF DENTON, TEXAS
BY
RAY STr S , fAY0R
ATTEST
J F' T R , CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY : ^n
STRATA PROPERTIES, INC
BY 4 -
DAN C COFFEY AND JEFF ROBB,
ATTORNEYS AT LAW
BY
PAGE 3
EXHIBIT "A"
All that certain tract or parcel of land situated in the Robert
Beaumont Survey, Abstract Number 31, Denton county, Texas said
tract also being part of a tract shown by deed to Denton Center
Joint Venture as recorded in Volume 993, Page 369 of the Deed of
Records, of Denton County, Texas, and being more fully described
as follows
Beginning for the northeast corner of the easement being
described herein, a point in the north line of said Denton Center
tract which bears North 89 degrees 51 minutes 50 seconds West a
distance of 72 52 feet from the northeast corner of said Denton
Center tract,
Thence South 00 degrees 08 minutes 10 seconds west, a distance of
15 00 feet to a point from the southeast corner of the herein
described easement
Thence North 89 degrees 51 minutes 50 seconds West, parallel with
and 15 00 feet in a southerly direction from the north line of
said Denton Center tract, the same being the south line of said
Ev Lutheran tract, a distance of 655 00 feet to a point for the
southwest corner of the herein described easement,
Thence North 00 degrees 08 minutes 10 seconds East, a distance of
15 00 feet to a point for the northwest corner of the herein
described easement, said point also being in the north line of
said Denton Center tract, and the south line of said Ev Lutheran
tract,
Thence South 89 degrees 51 minutes 50 second East, along the
north line of said Denton center tract, and the south line of
said Ev Lutheran tract, passing at 625 00 feet, the southeast
corner of said Ev Lutheran tract, the same being the northern
southwest corner of a tract shown by deed to Denton Properties
Ltd , recorded in Volume 1553, page 510 of the Denton County Real
Property Records, in all a total distance of 655 00 feet to the
Point of Beginning and containing 0 226 of an acre of land
EXHIBIT "B"
All that certain tract or parcel of
Beaumont Survey, Abstract Number 31,
tract also being part of a tract shown
Joint Venture as recorded in Volume
Records of Denton County, Texas, and
as follows
land situated in the Robert
Denton County, Texas said
by deed to Denton Center
993, Page 369 of the Deed
being more fully described
Beginning for the northeast corner of the easement being
described herein, a point in the north line of said Denton Center
tract which bears North 89 degrees 51 minutes 50 seconds West a
distance of 60 52 feet from the northeast corner of said Denton
Center tract,
Thence South 00 degrees 08 minutes 10 seconds West, a distance of
27 00 feet to a point for the southeast corner of the herein
described easement
Thence North 89 degrees 51 minutes 50 seconds West, parallel with
and 27 00 feet in a southerly direction from the north line of
said Denton Center tract, the same being the south line of said
Ev Lutheran tract, a distance of 667 00 feet to a point for the
southwest corner of the herein described easement
Thence North 00 degrees 08 minutes 10 seconds East, a distance of
12 00 feet to a point for the northwest corner of the herein
described easement, said point also being the southwest corner of
a 15 foot drainage easement described in the attached Exhibit
.1 A"
Thence South 89 degrees 51 minutes 50 seconds East, parallel with
and 15 00 feet in a southerly direction from the north line of
said Denton Center tract a distance of 655 00 feet to a point for
an inner ell corner of the herein described easement,
Thence North 00 degrees 08 minutes 10 seconds East, a distance of
15 00 feet to a point in the north line of said Denton Center
tract and the south line of a tract shown by deed to Denton
Properties, Ltd , recorded in Volume 1553, Page 510 of the Denton
County Real Property Records, same point being the northeast
corner of a 15 foot drainage easement described in the attached
Exhibit "A",
Thence south 89 degrees 51 minutes 50 seconds East, along the
north line of said Denton Properties Ltd , tract a distance of
12 00 feet to the Point of Beginning and containing 0 188 of an
acre of land
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