2013-214qN,
ORDINANCE NO. 2013 -214
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 6.8289 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 CASWELL CARTER
SURVEY, ABSTRACT NUMBER 275 AND DANIEL D. CULP SURVEY, ABSTRACT
NUMBER 287, 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 Edward F. Wolski,
the owner of the Property Interests ( "Owner "), on May 24, 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 6.8289 acre of real
property, being generally located in the Caswell Carter Survey, Abstract No. 275 and Daniel D.
Culp Survey, Abstract No. 287, 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 fmds 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
2
Denton, Texas does hereby exercise its home -rule and statutory authority to acquire by eminent
domain, (1) an easement acquisition encumbering 6.8289 acre of real property, all affected tracts
being 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 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 AUQ►15 -L , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By
/:1
APPROVED ASIO LEGAL FORM:
SCOTT W. HICKEY,
KELSEY, KELSEY & HICKEY, PLLC
By:
EXHIBIT A
BEING A 6.8289 ACRE TRACT OF LAND SITUATED IN THE CAS WELL CARTER SURVEY, ABSTRACT 275 AND THE
DANIEL D. CULP SURVEY, ABSTRACT NUMBER 287 OF DENTON COUNTY, TEXAS. AND BEING A PORTION OF
THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO EDWARD F. WOLSKI AS RECORDED IN DOCUMENT
NUMBER 2005 -16351 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 6.8289 ACRES
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a concrete light -of -way monument found in the west right -of -way line of North Loop 288 and being the
northwest corner of that certain tract of land described in deed to the State of Texas as recorded in Volume 1067, Page 199 of the
Deed Records of Denton County, Texas, also being the southeast comer of said Wolski;
THENCE S 89°07'07" W, with the common line of said Wolski tract and that certain tract of land as described in deed to the Henry
P. Lo, Trust as recorded in Document Number 2011 -89306 of said Real Property Records, a distance of 20.04 feet, to the POINT
OF BEGINNING, for the southeast comer hereof;
THENCE South 89 °07'07" West continuing with said common line, 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 common line, continuing in all a total
distance of 75.00 feet, to a point for the southwest corner hereof. From which a 1/2 inch iron rod found bears S 89'07'07 "W a
distance of 803.90 feet, for the most southerly southwest comer of said Wolski;
THENCE leaving said common line over and across said Wolski tract the following 4 courses and distances:
North 00 °04'23" West, a distance of 1,945.56 feet, to a point for comer;
North 21 °50'39" West, a distance of 888.55 feet, to a point for corner;
North 34 045'08" West, a distance of 891.48 feet, to a point for corner;
North 47 °46'41" West, a distance of 253.17, feet to a point lying in the north line of said Wolski tract and the south line of
that called 3.070 acre tract of land known as Tract] and described in deed to the Kim Property Revocable Living Trust,
recorded in Document Number 2008 -32710 of said Real Property Records, for the northwest comer hereof',
THENCE South 88 033'49" East with the common line of said Wolski and Kim tract, a distance of 57.41 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 common line,
continuing in all a total distance of 114.81 feet, to a point for the northeast corner hereof, from which a 5/8 inch capped iron rod
found stamped "CARTER & BURGESS ", bears S 88 °33'49" E, a distance of 49.27 feet, for the northeast corner of said Wolski
tract;
THENCE leaving said common line, over and across said Wolski tract the following 4 courses and distances:
South 47 °46'41" East, a distance of 174.80 feet, to an angle point for comer;
South 34 145108" East, a distance of 908.52 feet, to an angle point for corner;
South 21'50'39" East, a distance of 911.45 feet, to an angle point for confer;
South 00 °04'23" East, a distance of 1,958.92 feet, to the POINT OF BEGINNING and containing 6.8289 acres of land
more or less.
f u
Adam Whitfield, R.P.115.
Texas Registration No 786
1 Z-iZ-t7
Date: December 12, 2012
SHEET I OF 3
SGE 12170
MATCH LINE
SEE SHEET 3 OF 3
5/8" IRS WITH CAP
STAMPED "TNP"
EDWARD F. WOLSKI
DOG. NO. 2005 -16351 io
R.P.R.D.C.T. 'n
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(9) FENCE POST FOUND
O IRON ROD FOUND (UNLESS OTHERWISE NOTED
[ ] RECORD INFORMATION
CM CONTROL MONUMENT
CENTERLINE ELEC. ESMT.
- - — - - — ADJACENT PROPERTY LINE
BARBED WIRE FENCING
LINE
BEARING
DISTANCE
Li
S 89.07'07" W
20.04'
L2
S 89'07'07" W
75.00'
0 15W 300' 600'
SCALE: 1" = 300'
BASIS OF BEARING:
Bearings are based on the Texas
State Plane Coordinate System,
North Central Zone (NAD83).
WITH CAP I POINT OF
STAMPED I COMMENCING
CM
I 1/2" IRF f L1 CONCRETE R -O -Jr
O L2
.MONUMENT
s 89'07'07" w- 803.90' _
HENRY P. 1-0, TRUST POINT OF State of Texas
SURVEYORS CERTIFICATION: DOC, N0, 2011 -89306
R.P.R.D.C.T. BEGINNING V01. 1067, Pg. 199
To the best of my knowledge, Information, and belief, the plat hereon Is a correct R.P.R.D.C.T.
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
8.8289 ACRES
�E OF TF Situated in the
Caswell Carter Survey, Abstract 275
Adam Whitfield, R.P.L. and the
.................................. Daniel D. Gulp Survey, Abstract 287
ADAM WHITFIELD City of Denton
l -1 i 2 5786 Denton County, Texas
< ESsv... o
Date: December 12, 2012 qN
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JOB NO. SGE12170 -00 SHEET 2 OF 3
teague nall & perkins
1 Dee Centre m Pleco 7 205
Denton, Texas 76405
940.303.4177 ph 940.303.3046 hr
wW W.,.pine cem
L.TrgedsME12170-00 DME Transmission UnekadlsvrveylTRACT 33-A PUE_ "