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2013-210ORDINANCE NO. 2013 -210 AN ORDINANCE (I) FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE THROUGH THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN FEE SIMPLE TITLE TO THE SURFACE ESTATE, WITH WAIVER OF SURFACE USE RELATED TO THE MINERAL ESTATE, OF A 0.5103 ACRE TRACT OF LAND TO BE USED AND UTILIZED FOR AND IN CONNECTION WITH THE EXPANSION, CONSTRUCTION, MAINTENANCE, REPLACEMENT, AUGMENTATION AND IMPROVEMENT OF ELECTRIC TRANSMISSION AND DISTRIBUTION LINES, FACILITIES AND STRUCTURES (HEREIN, THE "DME EXPANSION PROJECT "), THE AFFECTED LANDS AND INTERESTS BEING GENERALLY SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NUMBER 1473, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B ", ATTACHED HERETO AND MADE A PART HEREOF (SAID TRACT OF LAND AND ALL RELATED INTERESTS THEREIN TO BE ACQUIRED COLLECTIVELY REFERRED TO HEREIN AS THE "PROPERTY INTERESTS "); (II) AUTHORIZING THE FILING AND PROSECUTION OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE PROPERTY INTERESTS; (III) AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; (IV) MAKING FINDINGS; (V) PROVIDING A SAVINGS CLAUSE; AND (VI) PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas (the "City ") has initiated plans for the expansion of electrical utilities and infrastructure which affect, among other lands and interests, the Property Interests; WHEREAS, the acquisition of the Property Interests is necessary for public use to provide electrical utilities expansion and improvements to serve the public and the citizens of the City of Denton, Texas; WHEREAS, the City made a written Initial Offer (herein so called) to Khosrow Sadeghian, the owner of the Property Interests ( "Owner "), on May 17, 2013 to purchase the Property Interests from the Owner; 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, (among other things) 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, and a Texas Landowner's Bill of Rights; 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 July 1, 2013 to purchase the Property Interests from the Owner, said date being after the thirtieth (30 'h) day after the date on which the City made the Initial Offer to the Owner of the Property Interests; WHEREAS, along with such Initial and/or 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, if any; WHEREAS, the Final Offer made to the Owner of the Property Interests to purchase the Property Interests of the Owner was equal to or greater than the amount of the written appraisal obtained by the City; WHEREAS, the Initial and Final Offer made to the Owner of the Property Interests included (i) a copy of the written appraisal; (ii) (a) a contract of sale and (b) a special warranty deed, being the instruments proposed to be used in the conveyance of 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 Properly 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, nor did negotiations between the City and the Owner, if any, result in mutually agreeable terms to purchase the Property Interests; 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 fee acquisition encumbering 0.5103 acre of real property, being generally located in the M.E.P & P.R.R. Survey, Abstract No. 1473 and all being more particularly described Exhibit "A" and depicted in Exhibit "B" to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the DME Expansion Project in the City of Denton, Texas "; and WHEREAS, after due consideration of the public interests to be furthered by DME Expansion Project in the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby finds and determines that the acquisition of the Property Interests is necessary for public use to provide electric utilities expansion and improvements to serve the public and 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 fee acquisition encumbering 0.5103 acre of real property, all affected tracts being 2 described in Exhibit "A" and depicted 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 finds 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 retain and hire, on behalf of the City, counsel to file and prosecute eminent domain proceedings, and to expend funds related to the prosecution of such 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 ZOM day of At ia(L<,�, 2013. f 2Z MARK A. B UG , MAYOR ATTEST: APPROVED AS TO LEGAL FORM: JENNIFER WALTERS, CITY SECRETARY SCOTT W. HICKEY, KELSEY, KELSEY & HICKE , PLLC r By: By: Exhibit "A" a N � w aMO "q r5 to ua Own %ARA HIVON X0 ti 33N3i�C mia l ( P co ^ �o 'HID �Naw� N z z w o w~~ 0 IF I HlaDN ,f'0 Ey in Lu 3ON3! v VSM I � �fJij� 4 V2 514 LJ 9az atia I N a •s� �n �m ce alls LLJ El W ' AEI ; .� 3 1 l�� .fry m8 = � g ¢ oz OZ 2 z 3a dtl `pqeisg v [ae •�d ;a taw a >3.-va a• i1z;° c W °i w ° °no $ amnrVa3a M- i5 o-a, sar xRA g3 ` 3 °O3o s ��•� 3= €CBS sum° s5 g _ggi 3�g3 "a $ Sag � �5$� 6¢g1 b�� �jd °�,� � 113 Q d 7y d 3aa �r G -a jK, °j`z Fix �iSS'�'e'dB .N. h, 2 i� -U�•7 r° tea• gg yp� Sgg qq 2E _ a: er rSa $Cb ~g '. sp ... !p8 �E 6 $Ra9� SaS.gs- ' v LLI- <I l A P L` � y s iA•� Own loi I z" 1 s $1 Ars c n` g s 8� a g °g s * # iNg 2a ^p 3 {ppi� 73" SN g $ 3 $. 5 Bag S� $ € 8 g 3gxaa § ;, 1 sus is 'S., 5F s " e.4mES�$7 g"e .gb AE7o S 1° §y p `S�' P4 Z g 1g @y E�•t ��$i� Sg 9R o yy " $s9rcbs as� aEp $g$ 5g EXHIBIT "B" PROPERTY DESCRIPTION BEING A 0.5103 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. CO. SURVEY, ABSTRACT NUMBER 1473, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO KHOSROW SADEGHIAN, AS RECORDED IN VOLUME 4739, PAGE 1180 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 0.5103 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 inch iron rod found with cap stamped "Alliance" being the most easterly northeast corner of Lot 20, Block A, Bellaire Crossing, an addition to the City of Denton, Denton County, Texas, as recorded in Cabinet W, Page 667 of the Plat Records of Denton County, Texas, also being in the west line of that certain tract of land described in deed to Judy Gale Agado, as recorded in Document Number 2004 -84259 of said Real Property Records of Denton County, Texas; THENCE S 01 °16'05" W, along the east line of said Lot 20, the west line of said Agado tract, a distance of 40.68 feet, to a 5/8 inch iron rod set with cap stamped "TNP" for the northwest corner hereof and the POINT OF BEGINNING of the hereinabove described tract of land; THENCE S 89 052'08" E, along the common line of said Sadeghian and Agado tracts, the north line hereof, a distance of 438.67 feet, to a 5/8 inch iron rod set with cap stamped "TNP" for the northeast corner hereof, and lying in west line of that certain tract of land described in deed to the City of Denton, as recorded in Volume 3162, Page 705 of said Deed Records and lying in the west line of Mockingbird Court (a variable width R.O.W.); THENCE S 00 °33'03" W, along the common line of said Sadeghian and City of Denton tracts, a distance of 51.62 feet, to a 5/8 inch iron rod set with cap stamped "TNP" for the southeast hereof and lying in the north line of Paisley Street (variable width Right of Way), as shown on the Final Plat of Bellaire Heights, an addition to the City of Denton as recorded in Cabinet C, Page 389 of said Plat Records; THENCE N 89 °36'39" W, along the south line hereof, the north line of said Paisley Street a distance of 9.26 feet, passing a 1/2 inch iron rod found for the northwest corner of said Bellaire Heights continuing in all a total distance of 439.28 feet, to a 5/8 inch iron rod set with cap stamped "TNP" for the southwest corner hereof, also being an angle point in the north line of said Paisley Street; THENCE N 01 016'05' E, along the west line hereof, at a distance of 32.29 feet, passing a 1/2 inch iron rod found with cap stamped "Alliance" being the southeast corner of said Lot 20, and lying in the north line of said Paisley Street, continuing in all a total distance of 49.65 feet, to the POINT OF BEGINNING, and containing 0.5103 acres of land more or less.