2013-128s:llegallour documents\ordinances1131sadeghian-condemnation ordinance.doc
ORDINANCE N�. 2013-128
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE THROUGH THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN (I) A
SANITARY SEWER EASEMENT ENCUMBERING 0.376 ACRE OF REAL PROPERTY;
AND (II) A TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT
ENCUMBERING 0.360 ACRE OF REAL PROPERTY, FOR THE PUBLIC USE OF
EXPANDING AND IMPROVING THE MUNICIPAL SANITARY SEWER SYSTEM,
GENERALLY LOCATED 1N THE 300 BLOCK OF FRAME STREET, AND BOTH TRACTS
BEING SITUATED 1N THE BUFFALO BAYOU, BRAZOS & COLORADO RAILROAD
COMPANY SURVEY, ABSTRACT NUMBER 185, CITY OF DENTON, DENTON
COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND
EXHIBIT "B", RESPECTIVELY, EACH ATTACHED HERETO AND MADE A PART
HEREOF (COLLECTIVELY, THE "PROPERTY INTERESTS"); AUTHORIZING THE
FILING AND PROSECUTION OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE
THE PROPERTY INTERESTS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; MAKING FINDINGS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas (the "City") has initiated the construction of a
sanitary sewer line to replace an existing line, the Pecan Creelc Interceptor — Phase II project (the
"Project") affecting, among other lands and interests, the Property Interests;
WHEREAS, the construction of the sanitary sewer line constitutes a valid public use of
the City and its citizens;
WHEREAS, the City made a written Initial Offer (herein so called) to Khosrow
Sadeghian, the owner of the Property Interests ("Owner") on February 4, 2013;
WHEREAS, the City provided to the Owner of the Property Interests at the time of
presenting the Initial Offer, by certified mail, return receipt requested, all appraisal reports
produced or acquired by the City relating specifically to the Owner's property prepared in the ten
(10) years preceding the date of the Initial Offer;
WHEREAS, the Initial Offer made by the City to the Owner 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 the Owner of the
Property Interests on March 11, 2013, said date being after the thirtieth (30th) day after the date
on which the City made the Initial Offer to the Owner of the Property Interests;
WHEREAS, along with such Final Offer, the Owner of the Property Interests was
provided a written appraisal from a certified appraiser of the value of the Property Interests and
the damages, if any, to any of the Owner's remaining property;
WHEREAS, the Final Offer made to the Owner of the Property Interests was equal to or
greater than the amount of the written appraisal obtained by the City;
WHEREAS, the Final Offer made to the Owner of the Property Interests included (i) a
copy of the written appraisal; (ii) copies of the (a) sanitary sewer easement; and (b) temporaxy
construction, grading and access easement, all being the instruments proposed to convey 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 the Owner of the Property Interests at least fourteen (14)
days to respond to the Final Offer and the Owner of the Property Interests did not agree to the
terms of the Final Offer within that period;
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 (1) a sanitary sewer easement encumbering 0.376 acre of real
property; and (2) a temporary construction, grading and access easement encumbering 0.360 acre
of real property; generally located in the 300 block of Frame Street, both tracts being situated in
the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract No. 185, and
being more particularly described in Exhibit "A" and Exhibit "B", respectively, to the ordinance
now under consideration and on the overhead screen being now displayed to the audience, for the
public use of expanding and improving the municipal sanitary sewer system in the City of
Denton, Texas"; and
WHEREAS, after due consideration of the public interests to be furthered by the public
use of expanding and improving the municipal sanitary sewer system in the City of Denton,
Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Council finds that a public use and necessity exists to expand and
improve the municipal sanitary sewer system to serve the citizens of the City of Denton, Texas,
and 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, (1) a sanitary sewer easement encumbering 0.376 acre of real
property, as described in Exhibit "A", attached hereto and made a part hereof by reference; and
�
(2) a temporary construction, grading and access easement, encumbering 0.360 acre of real
property, as described in Exhibit "B", 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 Owner was the record title owner 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 expend funds related to the prosecution of such eminent domain
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.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the � day of _�GLC.� , 2013.
�.
MARK A.
ATTEST:
JENNIF'ER WALTERS, CITY SECRETARY
By: '
3
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: �
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Property Interests - EXHIBIT 'A'
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P.O, Box 54 � Lewisville, 'Toxus 75067
�ffice: (972) 221-9439 � Fax: (972) 221-4675
1 of 5�
30' SANITARY SEW�R EASEMENT
0.376 AC12.ES
CITY OF DENTONy DENTON COUNTY, TEXAS
BEING aIl that certain lot, tract ur parcel of land �ituated in the Buffalo Bayou, Brazos and
Colorada Railroad Company Survay,� Abstract Number 185, City of Denton, Dan�an County,
Texas, and being a part of that certain tract of l�nd described in deed to Khosrow Sadeghian,
; recarded under Instrument Number 24U2-99$99 of the Real Property Recnrds of I�nton County,
Texas, and being mare paiticularly described as follows:
BEGINNIl�TG at a point in the east lina of said Sadeghian tract and the west line of that certain
tract of land desuribed in deed to Landy L. Mulkey Irrevocable Family Trust, dated 1V1ay 22,
1484., Patricia Klammer, Trustee, recorded undar Instrument Number 2005-41779 of the Real
Property. Records of Dentan County, Te�cas, and from which a%z inch iron rod found at the
sautheast corner of said Sadegt►ian iract and the northeast corrier of that cerkain tract o£ land
dsscribeti in deed to Gustavo Torrez and wife, Luz V. Torrez, recorded under County Clerk's Flle
� Iriurnbar 97-R0082959 of the Real Property Racords of Danton County, Taxas, bears Soutfi 00
degrees 21 mivates 28 seconds West, a distan�e of b2.48 feet;
' THEIVCE over, across and through said Sadegliian tract the following two (2) calls:
South 67. degrees 44 minutes 45 seconds West, a distanca of 313.67 feet to a point for
corner,
North 79 degrees 33 minutes 27 seconds West, a distance of 231.92 feet to a point in the
� east line af Frame Street, a public roadway;
THENCE North QO degrees 09 minutes 16 se�onds West, with the east line of said Frame Street,
� distanoe of 30.52 feet to a point for corner;
THENCE vver, across and through said Sadaghian tract thc foilowing two (2} calls:
South 79 degrees 33 minutes 27 seconds East, a distance of 228.74 feet to a point for
corner;
North 67 degrees 44 minutes 4S seconds East, a dist�nce of 317.37 feet to a point in the
west line of sAid Mulkey Family Tru9t tract;
THENCE South 00 degrees 21 minutes 28 seconds West, with the west line �f said Mulk�y
Family Trust tract, a distance af 32.50 feet to the' POINT OF BEGINNIl�iG, and containing,
0:376 acres of land, more or less.
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Property Interests - EXHIBIT "B"
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P.O. Box 54 � Lewisville, TexAS 7SQ67
Office: (972) 221-9439 --- �'ax: (972) 221-4675
30' TEMPORARY CONSTRUCTI�N Ee�SEMENT
0.3G0 ACRES
CITY OF DENT�N, DENTUN COUNTY, TEXAS
3 of 5
BEING all that certuin lot, tract or parcel of land situated ia the Buffalo Bayou, Brazos and
Calorado Railroad Company Survey, Abstract Number 1$5, City of l�enton, Denton County,
Tearas, and being a part of �at'certain tract of land described in deed to Khosraw 8adeghian,,
recorded under Instrument Number 2002-99$99 of the Reat Praperly Records of Denton County,
Texas, and being mQre particula�ly described as fallows:
BEGINNING at a point in the east lina of said Sadeghian tract and the west line of that certain
tract of land descrilaed in deed to Landy I:. Mulkay Irrevc►cable Family Trust, dated May 22,
1984, Pairicia Klammer, Trustee, recorded under Instr�unont. Number 2005-41779 of the Rea1
�'roperty Records of Denton County, Te�s, and from which a%z inch iron rod faund at the
southeast comer of said Sadeghian tract and the northeast comer of that certain tract of land
descrIbed in deed to dustavo Torrez and wife, Luz V. Torrez, recorded under County Clerk's File
Number 97�RQ482959 of the Real Property Records of Denton County, Texas, bears South 00
degrees 21 minutes 28 seconds West, a distanca of 9498 fee�
THENCE over, across and through said Sadeghian tract the following two (2) calls:
South b7 degrees 44 minutes 45 seconds West, a distance of 317.37 feet to a point for
corner;
North 79 degrees 33 minutes 27 seconds West, a distance of 228.74 feet to a point in the
`. east line of Frame S.treet, a public r�oadway;
THENCE North QQ degrees 09 minutes 16 seconds West, with the east line of said Frame. Street,
s distance of 14.59 feef to a point for tlte southwest corner of that certain tract of l�nd deseribed in :
deed to Millard R. Thorp,, recorded iiti Voluma 271U, Page 553 of the Deed Records oi Z?anton
CaUnty, �'exas;
THENCE South 89 degrees 22 minutes 24 seconds East, with tha south line of said Thorp tract, a,
distance of 91.8� feet, bo a point far. canaer;
THENCE over, across and thraugh said Sadeghian tract the following two (2) calls:
South 79 degre�s 33 minutes 2'1 seconds �ast; a distance of 132.13 feet to a point for
corner;
1�I�orth 67 degrees 44 minutes 45 seconds East, a distance of 321.06 feet to a point in tha
west line of said Mullcey Family Trust tract;
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Office: (972) 221-9439 � Fax; (972) 221-4675
THENCE South 00 degreas 21 minutes 28 seconds West, with the west line of said Mulkey
Family Trust tract, a distanca of 32.SQ. feet to the PUIN'I' OF' BEGINNING, �uid containing
0:3b0 acres of land, more or lass.
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EAST McI�INNEY STREET
Buffala Bayau. Brazos & Colorado Railroad
Cornpany Survep� Abst. I�To. 185
Cfty o# Denton
Denton County, Texas
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