2013-216�v
ORDINANCE NO. 2013 -216
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 0.0560 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 M. YOACHAM SURVEY,
ABSTRACT NUMBER 1442, 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 THEREFOR; (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 Courtney Bradley,
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 0.0560 acre of real
property, being generally located in the M. Yoacham Survey, Abstract No. 1442, 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 0.0560 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 Zbtll day of 2013
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
A. OU HS; Y
APPROVED AS TO LEGAL FORM:
JOHN E. KELSEY,
KELSEY, KELSEY & HICKEY, PLLC
By:
EXHIBIT A
Being a 0.0560 acre tract of land situated in the M. Yoacham Survey, Abstract No. 1442, Denton.County, Texas and
being a portion of Lot 11, Block A, Maple Leaf Homes Addition, an addition to the City of Denton as recorded in
Cabinet Y, Page 144 of the Plat Records of Denton County, Texas and also being a portion of that certain tract of
land as described in deed to Courtney Bradley as recorded in County Clerk's Document No. 09 -50378 of the Real
Property Records of Denton County, Texas. Said 0.0560 acres being more particularly described by metes and
bounds as follows:
COMMENCING at a 1f2 inch iron rod found at the southwesterly comer of said Lot 18 and being the
northwesterly corner of Silver Sage Drive (a 50 foot wide right -of -way) according to the aforementioned plat of
Maple Leaf Homes Addition and also being on the easterly line of a tract of land as described in deed to William E.
Fullbright, Jr. as recorded in Volume 4260, Page 1207 of the Deed Records of Denton County, Texas;
THENCE North 01014'32" East, along the common tine of said Maple Leaf Homes Addition and said Fullbright
tract, a distance of 449.68 feet to a point for corner at the northwesterly comer of said Lot 12 and also being the
southwesterly corner of Lot 11, Block A of said Maple Leaf Homes Addition, the POINT OF BEGINNING;
THENCE North 01'14'32" East, along the common line of said Lot 11 and said Fullbright tract, a distance of 75.00
feet to 112 inch iron rod found at the northwesterly corner of said Lot 11 and also being the southwesterly corner of
Lot 10, Block A of said Maple Leaf homes Addition;
THENCE South 88 °45'28" East, along the common line of said Lot 11 and Lot 10, a distance of 32.50 feet to a
point for corner;
THENCE South 01014'32" West, across said Lot 11, a distance of 75.00 feet to a point for comer on the
aforementioned common line of said Lot 11 and said Lot 12;
THENCE North 88 045128" West, along the common line of said Lot 11 and said Lot 12, a distance of 32.50 feet to
the POINT OF BEGINNING and containing 2,438 square feet or 0.0560 of an acre of land, more or less.
Adam Whitfield
Registered Professional Land Surveyor
Texas Registration No. 5786
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Date: December 12, 2012
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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 19, 2012, the lines and dimensions of said property
being as indicated by the plot.
Adam Whitfffield, R.P
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Date: December 12, 2012
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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 19, 2012, the lines and dimensions of said property
being as indicated by the plot.
Adam Whitfffield, R.P
kZ- 12. -LZ.
Date: December 12, 2012
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teague nail & perkins
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