2013-213A
:v
ORDINANCE NO. 2013 -213
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 0.8652 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 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 Prescott Interests,
LTD, 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 0.8652 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
domain, (1) an easement acquisition encumbering 0.8652 acre of real property, all affected tracts
being described in Exhibit "A" and depicted in Exhibit `B ", attached hereto and made a part
2
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 day of Auqust, 2013.
MARK A.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: fi
APPROVED AS TIC
JOHN E. KELSEY;
KELSEY, KELSEY
By:
3
YOR
LEGAL FORM:
& HICKEY, PLLC
EXHIBIT A
BEING A 0.8652 ACRE TRACT OF LAND SITUATED IN THE R.B. LONGBOTTOM SURVEY, ABSTRACT
NUMBER 775, DENTON COUNTY, TEXAS. AND BEING A PORTION OF AN 8.666 ACRE TRACT OF
LAND DESCRIBED IN DEED AS TRACT l TO PRESCOTT INTERESTS, LTD., RECORDED IN DOCUMENT
NUMBER 2011 -8722 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. ALSO BEING
A PORTION OF LOT 1 AND LOT 2, OF THE EAST INDUSTRIAL PLAZA, AN ADDITION TO THE CITY OF
DENTON, AS RECORDED IN VOLUME 13, PAGE 18 OF THE PLAT RECORDS OF DENTON COUNTY,
TEXAS.SAID 0.8652 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 inch capped iron rod found in the east right -of -way line of Virginia Street (variable width
ROW) being an ell corner for said Tract 1, and being the most southerly southwest corner hereof;
THENCE N 07 °42'54" W with said east right -of -way line, a distance of 119.72 feet, to an angle point hereof;
THENCE S 82 017'06" W with the north right- of-way line of said Virginia Street and the most westerly south line
of said Tract 1, a distance of 42.04 feet, to a P.K. nail found lying in said north right -of -way line, being the most
westerly southwest corner of said Tract 1, and also being an inner el comer of Lot 3, East industrial Plaza, an
Addition to the City of Denton, Texas, according to the Plat thereof recorded in Volume 13, Page 18, of the Plat
Records of Denton County, Texas, same being described in deed to Billy A. Bounds recorded in Document Number
99- 108078 of said Real Property Records, for an angle point hereof;
THENCE N 08 054'20" W leaving said north right -of -way line, with the common line of said Tract I and said Lot 3.
East Industrial Plaza, a distance of 324.72 feet, to a 1/2 inch iron rod found for the northwest corner hereof and said
Tract 1, the northeast corner of said Lot 3, and lying in the south right -of -way line of the Texas and Pacific Railroad
(100 foot ROW) , for the northwest corner hereof;
THENCE with the common line of said Railroad and Tract l the following 2 courses and distances:
N 68 004'23" E, a distance of 49.62 feet, to a 5/8 inch iron rod found for the northeast corner of said Lot 1;
N 68151'54" E. a distance of 12.50 feet, passing a 518 inch capped iron rod stamped "TNP" set at the
intersection of the centerline of the proposed power line and said south right -of -way line, continuing in all
a total distance of 51.05 feet, to a point for the northeast corner hereof:
THENCE S 07 042'54" E leaving said south right -of -way line over and across said Tract 1, a distance of 468.07
feet, to a point for the southeast corner hereof and lying in the south line of said Tract 1 also being the north line of
that certain tract of land described in deed to Prescott Interests. Ltd. Tract 2, as recorded in Document Number
2007 -59777 of said Real Property Records;
THENCE S 81"54'19" W with the common line of said Tracts 1 and 2, a distance of 38.50 feet, passing a 5/8 inch
capped iron rod stamped "TNP" set at the intersection of said proposed power line and said common line, continuing
in all a total distance of 48.97 feet, to the POINT OF BEGINNING and containing 0.8652 acres of land more or
less
vim.....
Adam Whitfield, R.P.L. .
Texas Registration No. 7 6
-Q- Q-12
Date: December 12, 2012
Sheet 1 of 2
DNC 12170
�54,
C
112" IRF 5/$" IRS WITH CAP
STAMPED "MP
1`
tt
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EXHIBIT B
PRESCOTT INTERESTS, LTD.,
DOC. NO. 2011 -8722
p �r I�O '7- R.P.R.D.GT.
O ' n Q� (TRACT 1 CALLED 8 66 ACRE
tp vI TRACT)
La
w N ;to v�1,1/2„ IRF
N w O Cn
N J tf N
LOT 3
EAST INDUSTRIAL
PLAZA ADD N. 17 rti O
VOL. 13. PG. 18
P.R.D.C.T.
O� i> \
\ PK NAIL
D C OWN 0�
R,pR 98�7AngV o � yE �
® CALCULATED POINT
0 5/8' IRS STAMPED TNP
OO FENCE POST FOUND
O IRON ROD FOUND (UNLESS OTHERWISE NOTED
[
][RECORD INFORMATION
CM CONTROL MONUMENT
- --- CENTERLINE FLEC_ ESMT.
— - - — ADJACENT PROPERTY LINE
BARBED WIRE FENCING
0 50' 100' 200'
SCALE: 1" = 100'
LINE B
BEARING D
DISTANCE
L1 S
S 82'17'06" W 4
42.04'
L2 N
N 68'04'23" E 4
49.62'
L3 N
N 68'51'54" E 5
51.05'
L4 N
N 68'04'23" E 2
23.47'
518" IRS WITH CAP
LOT 5R \ tJ t STAMPED "TNP"
EAST INDUSTRIAL Ps RR SPIKE
PLAZA ADD'N. 1
CAB. Q. PAGE 23 ` 1/2" CIRF
P.R.D.C.T. J
POINT OF S 81-54"19" W RR SPIXE' -
BEGINNING 1 70 48.97'
1 o H t PRESCOTT INTERESTS, LTD.
a Texas limited partnership
DOC NO. 2007 -59777
R.P.R.D.C.T. (TRACT 2)
.. LOT 1 I
EAST INDUSTRIAL PLAZA AWN.
SURVEYORS CERTIFICATION: a VOL. 13, PG. 18 I
To the best of my knowledge, information, and belief, the plat hereon is a correct representation of the property as determined
by a survey made on the ground September 21, 2012, the lines and dimensions of said property being as indicated by the plat.
Adam Whitfield, R.P.L.S
Date: December 12, 2012
0 F R%"
5. ' G�STE
. ..........................:....
ADAM WHITFIELD
.....: ...............................
5786
4
!,9 SSIO. y0
I_
BASIS OF BEARING:
Bearings are based on the Texas
State Plane Coordinate System,
North Central Zone (NAD83).
0.8652 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
1517 Centro Place Drive
Donlon, Texas 76205
940.383.4177 ph 940.383.8026 Fx
www tnpinc.com
L.'Trojeds\SGE 12170-00 DME Transmission Linelcadlsurvey%TRACT 29 PUE.dwg
Adam Whitfield, R.P.L.S
Date: December 12, 2012
0 F R%"
5. ' G�STE
. ..........................:....
ADAM WHITFIELD
.....: ...............................
5786
4
!,9 SSIO. y0
I_
BASIS OF BEARING:
Bearings are based on the Texas
State Plane Coordinate System,
North Central Zone (NAD83).
0.8652 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
1517 Centro Place Drive
Donlon, Texas 76205
940.383.4177 ph 940.383.8026 Fx
www tnpinc.com
L.'Trojeds\SGE 12170-00 DME Transmission Linelcadlsurvey%TRACT 29 PUE.dwg