2013-215t �
ORDINANCE NO. 2013 -215
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 0.8052 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 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 Kim Property
Revocable Living Trust, a Texas revocable living 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 0.8052 acre of real
property, being generally located in the 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 DUE
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 0.8052 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 , 2013.
MARK A. BU0,10tGHS, -OR /
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
SCOTT W. HICKEY,
KELSEY, KELSEY & HI , PLLC
By:
EXHIBIT A
BEING A 0.8052 ACRE TRACT OF LAND SITUATED IN 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 KIM PROPERTY REVOCABLE LIVING TRUST, A TEXAS REVOCABLE
LIVING TRUST, AS RECORDED IN DOCUMENT NUMBER 2008 -32710 OF THE REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS. SAID 0.8052 ACRES BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 5/8 inch capped iron rod found and stamped "CARTER & BURGESS" for the southeast corner
of said Kim tract lying in the west right -of -way line of North Loop 288 (Variable Width R -O -W) also being the most
northerly northeast corner of that certain tract of land described in deed Edward F. Wolski as recorded in Document
Number 2005 -16351 of said real Property records;
THENCE N 88 °33'49" W with the common line of said Kim and Wolski tracts, a distance of 49.27 feet, to the
POINT OF BEGINNING for the southeast corner of the herein described tract;
THENCE N 88 °33'49" W, continuing with said common line, 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 south line of said Kim
tract, continuing in all a total distance of 114.81 feet, to a point for the southwest corner hereof;
THENCE N 47 °46'42" W, over and across said Kim tract, a distance of 431.37 feet, to a point for the northwest
coiner hereof and lying on the northwest line of said Kim tract and a southeasterly line of that called 6.724 acre tract of
land described in deed to the State of Texas recorded in Volume 1048, Page 196 of the Deed Records of Denton
County, Texas;
THENCE N42006'15" E with the common line of said Kim and State of Texas tracts, 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 the
north line of said Kim tract, continuing in all a total distance of 42.03 feet, to a concrete right -of -way monument found,
for an angle point hereof;
THENCE N 87 °06'44" E with the north line of said Kim tract and a south line of said State of Texas tract, a distance
of 46.54 feet, to a point for the northeast corner hereof, from which a Concrete Right of Way monument found bears
N 87 °06'44" E, a distance of 52.75 feet, being the northeast corner of said Kim tact;
THENCE S 47 °46'42" E, over and across said Kim tact, a distance of 485.55 feet to the POINT OF BEGINNING
and containing 0.8052 acres of land more or less.
Adam Whitfield, . .l..S.
Texas Registration No. 5786
Date: December 12, 2012
SHEET I OF 2
SEG 12170
LINE
BEARING
DISTANCE
L1
N 88'33'49" W
49.27'
L2
N 42'06'15" E
42.03'
L3
N 87'06'44" E
46.54'
L4
N 87'06'44" E
52.75'
BXHI Bl T B
DANIEL D. GULF SURVEY
ABSTRACT N0. 287
\
0
i
13 r 518" IRS WITH CAP
STAMPED "TNP"
1
—�
STATE OF TEXAS
r
VOL. 1048, PG. 196
r
14
R.P.R.D.C.T.
J
(CALLED 6.724 ACRE TRACT
r
�
/
15'
IRON ROD FOUND
i
I
/
CM
CONTROL MONUMENT
1
-
7
�
CONCRETE ROW
MONUMENT
q-
0o
" P0, -
l
\ WG
L4 CMCONCRETE ROW \ `
L3 _ MONUMENT \
\ 518" IRS WITH CAP \
\ \ \ \ STAMPED "TNP„
\ \ 0 50' 100' 2W
o \ SCALE 1" =1W
R�st�y�OS R CONCRETE ROW O
MONUMENT z
L4 U
` W
KIM PROPERTY REVOCABLE LIVING TRUST, 3f`}>. O
a Texas revocable living trust \ `
DOC. NO. 2008- 32710, R.P.R.D.C.T. \ `\ 00 r',
CONCRETE ROW (TRACT 1) 518" IRS WITH CAP \ d V
MONUMENT STAMPED "TNP" U �+
CM -M
N 88'33'49" W - 579.96'
5/8" CIRF
r "CARTER &BURGESS" N 8833'49" W L1 cm
r 114.81'
NOTES. EDWARD F. WOLSKI POINT OF
DOC. NO. 2005 - -16351
r 1. Bearings are based on the Texas R.P.R.D.C.T. BEGINNING
! State Plane Coordinate System, (CALLED 111.64 ACRE TRACT)
North Central Zone (NAD83).
Adam Whitfield, RP.L &
................................
ADAM WHITFIELD
I'Z -1Z -12
5786
t?'
Date: December 12 20'12 q��
0.8052 ACRES
Situated in the
Daniel D. Culp Survey, Abstract 287
City of Denton
Denton County, Texas
II III -q%QKIAP- III JOB NO. SOE12n0 -00 SHEET 2 OF 2 11
teague nail & perkins
np 1b10ton.T aa203
a� ". i.�. aezw
94MMA177 ph %&3n.BO26hc
wwwAnpins.wm
LAP JWft %8Q 2f7D.00 DME TmromNMon LIM\adWM TRACT 34 PUEdwg
®
CALCULATED POINT
0
5/6" IRS STAMPED TNP
O
FENCE POST FOUND
/
O
IRON ROD FOUND
[ I
RECORD INFORMATION
CM
CONTROL MONUMENT
-
CENTERLINE ELEC. ESMT.
- - — - - —
ADJACENT PROPERTY LINE
—
BARBED WIRE FENCING
q-
0o
" P0, -
l
\ WG
L4 CMCONCRETE ROW \ `
L3 _ MONUMENT \
\ 518" IRS WITH CAP \
\ \ \ \ STAMPED "TNP„
\ \ 0 50' 100' 2W
o \ SCALE 1" =1W
R�st�y�OS R CONCRETE ROW O
MONUMENT z
L4 U
` W
KIM PROPERTY REVOCABLE LIVING TRUST, 3f`}>. O
a Texas revocable living trust \ `
DOC. NO. 2008- 32710, R.P.R.D.C.T. \ `\ 00 r',
CONCRETE ROW (TRACT 1) 518" IRS WITH CAP \ d V
MONUMENT STAMPED "TNP" U �+
CM -M
N 88'33'49" W - 579.96'
5/8" CIRF
r "CARTER &BURGESS" N 8833'49" W L1 cm
r 114.81'
NOTES. EDWARD F. WOLSKI POINT OF
DOC. NO. 2005 - -16351
r 1. Bearings are based on the Texas R.P.R.D.C.T. BEGINNING
! State Plane Coordinate System, (CALLED 111.64 ACRE TRACT)
North Central Zone (NAD83).
Adam Whitfield, RP.L &
................................
ADAM WHITFIELD
I'Z -1Z -12
5786
t?'
Date: December 12 20'12 q��
0.8052 ACRES
Situated in the
Daniel D. Culp Survey, Abstract 287
City of Denton
Denton County, Texas
II III -q%QKIAP- III JOB NO. SOE12n0 -00 SHEET 2 OF 2 11
teague nail & perkins
np 1b10ton.T aa203
a� ". i.�. aezw
94MMA177 ph %&3n.BO26hc
wwwAnpins.wm
LAP JWft %8Q 2f7D.00 DME TmromNMon LIM\adWM TRACT 34 PUEdwg