2013-211��
ORDINANCE NO. 2013 -211
AN ORDINANCE (I) FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE THROUGH THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN AN
ELETRIC UTILITY EASEMENT ENCUMBERING 2.9001 ACRE 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 R.B. LONGBOTTOM
SURVEY, ABSTRACT NUMBER 775, 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 AND DAMAGES RESULTING
THEREFROM 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 Properly 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 Geesfing
Gassaway County, Inc., a Nevada Corporation, as Trustee of the Gassaway Property Trust, 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 (30th) 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) an easement purchase agreement and (b) an
electric utility easement, 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 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, 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) an easement acquisition encumbering 2.9001 acre of real
property, being generally located in the R.B. Longbottom. Survey, Abstract No. 775, and all
being more particularly described in 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
2
domain, (1) an easement acquisition encumbering 2.9001 acre of real property, all affected tracts
being described in Exhibit "A" and depicted in Exhibit `B ", attached hereto and made apart
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 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 ZCA1 day of 2013.
MA- A. URROUG � , MAYOR
ATTEST: APPROVED AS TO LEGAL FORM:
JENNIFER WALTERS, CITY SECRETARY SCOTT W. HICKEY,
KELSEY, KELSEY & HICKEY, PLLC C��O ZZ
By: By:
3
EXHIBIT A
BEING A 2.9001 ACRE TRACT OF LAND SITUATED IN THE R.B. LONGBOTTOM SURVEY, ABSTRACT
775 AND BEING A PORTION OF A 37.600 ACRE TRACT OF LAND DESCRIBED IN DEED TO GEESLING
GASSAWAY COUNTY, INC., A NEVADA CORPORATION, AS TRUSTEE OF THE GASSAWAY
PROPERTY TRUST AS RECORDED IN DOCUMENT NUMBER 2005 -50247 OF THE REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS. SAID 2.9001 ACRE TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 518 inch iron rod found for the southeast corner of that called 1.9126 acre tract of land
described in deed to the City of Denton" Texas, a Texas Home Rule Municipal Corporation recorded in Document
Number 2012130856 of the Real Property Records of Denton County, Texas, same lying in the north line of said
Geesling tract,
THENCE N 88 042'18" W with the common line of said City of Denton tract and said Geesling tract, a distance of
27.30 feet, to the POINT OF BEGINNING and the northeast corner of the herein described tract;
THENCE over and across said Geesling tract the following 3 courses and distances:
S 04 °46'56" W, a distance of 162.77 feet, to a point for a corner;
S 89"49'11" E, a distance of 342.22 feet, to a point for a corner;
S 00 024'40" W, a distance of 1175.48 feet, to a point lying in the south line of said Geesling tract and
the north line of a called 26.4732 acre tract of land described in deed to the City of Denton, Texas, a
Texas Home Rule Municipal Corporation as recorded in Document Number 2012 - 129326 of the Real
Property Records of Denton County, Texas, being the approximate centerline of Audra Lane (Variable
Width R -O -W), for the southeast corner hereof;
THENCE S 89 °47'21" W with the common line of said Geesling tract and City of Denton tract a distance of 37.50
feet, passing a 5/8 inch capped iron rod stamped "TNP" set at the intersection of the centerline of the herein
described tract and said coanmon line and the approximate centerline of said Audra Lane, continuing in all a total
distance of 75.00 feet, to a point for the southwest corner hereof;
THENCE leaving said common line, over and across said Geesling tract the following 3 courses and distances:
N 00 024140" E, a distance of 1100.99 feet, to a point for a corner;
N 89'49'11 " W, a distance of 348.20 feet, to a point for a corner;
N 04 °46'56" E, a distance of 239.48 feet, to a point lying on the common line of said Geesling tract
and said City of Denton tract, for the northwest corner hereof;
THENCE S 88 042'18" E with said common line of said Geesling tract and said City of Denton tract, a distance of
37.57 feet, passing a 5/8 inch capped iron rod stamped "TNP" set at the intersection of the centerline of the herein
described tract and the north line of said Geesling tract, continuing in all a total distance of 75.14 feet, to the POINT
OF BEGINNING and containing 2.9001 acres of land more or less.
Adam Whitfield, RT
Texas Registration No. 86
17. - 17. -(Z.
Date: December 12, 2012
JILGGL IUL 2
DNC 42170
CITY OF DENTON, TEXAS, a Texas Home Rule
Municipal Corporation, DOC. NO. 2012 - 130856
D.R.D.C.T. (CALLED 1.9126 ACRE TRACT)
WITH CAP
STAMPED "TNP"
POINT OF
BEGINNING
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WITH CAP INST. #2004 -5424
STAMPED "TNP' 5/8" IRS R.P.R.D.G.T.
87TH CAP 1
STAMPED "TNP"
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LINE
BEARING
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N 88'42'18" W
27.30'
LEGEND
S 04'46'56" W
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5/8" IRS N 8949'11" W 348.20' PROPERTIES, L.L.P.
WITH CAP INST. #2004 -5424
STAMPED "TNP' 5/8" IRS R.P.R.D.G.T.
87TH CAP 1
STAMPED "TNP"
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LINE
BEARING
DISTANCE
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N 88'42'18" W
27.30'
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75.14'
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DOC. N0. 2005 -50247
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DOC. N0. 2005 -50247
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(CALLED 37.600 ACRE TRACT) :~
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R.B. LONGBOTTOM z
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ABSTRACT NO. 775
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37.50' I 0 100' 20W 400'
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75,00' CITY OF DENTON. TEXAS, a Texas
Home Rule Municipal Corpor0tlon SCALE: I"= 200'
i DOC, NO. 2012 - 129326. D.R.D.C.T. I
(CALLED 26.4732 ACRE TRACT) I BASIS OF BEARING:
S 89'47'21" W
O a 75,00' 518" MS
WITH CAP
Apparent North R —O —W STAMPED "TNP" I
Line of Audra Lane I
r---�— AUDRA LANE
Approximate Survey Line
JRVEYORS CERTIFICATION: —
the best of my knowledge, information, and belief, the plat hereon is a correct representation of the property as determined
a survey made an the ground September 20, 2012, the lines and dimensions of said property being as indicated by the plat.
Adam Whitfield, R.P.L. .
1 ?-- lZ -l2
Date: December 12, 2012
OF
\S.Me'
ADAM WHIT FIELD
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Bearings are based on the Texas
State Plane Coordinate System,
North Central Zone (NAD83).
2.9001 ACRES
Situated in the
R.B. Longbottom Survey, Abstract 775
City of Denton
Denton County, Texas
JOB NO, SGE12170 -00
SHEET 2 OF 2
teague nail & perkins
np 1317Co.n, MT.M.06Ye
Dem exas 76205
940.303A177 ph 940.303.8026 rx
www.tnpinc.com
LAProjectslSGE12170 -00 DME Transmission LinelcadlsurveylTRACT26 PUE.dwg