2014-164s:\legai\aur documents\ardinances\14\ri(ey ed ordinance.dac
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AN ORDINANCE (I) F1NDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE THROUGH THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN ONE
PERMANENT ELECTRIC UTILITY EASEMENT AND ONE TEMPORARY
CONSTRUCTION EASEMENT ENCUMBERING 2.912 AND 1.160 ACRES OF LAND,
RESPECTIVELY; THE PERMANENT ELECTRIC UTILITY EASEMENT 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
TEMPORARY CONSTRUCTION EASEMENT TO BE USED AND UTILIZED FOR THE
PURPOSE OF ACCESS, STAGING OF MATERIALS AND EQUIPMENT,
CONSTRUCTION AND GR.ADING ACTIVITIES RELATING TO THE D1VIE EXPANSION
PROJECT; THE AFFECTED LANDS AND 1NTERESTS BE1NG GENERALLY SITUATED
IN THE S. MCCRACKEN SURVEY, ABSTRACT NUMBER 817, CITY OF DENTON,
DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN EXHIBITS "A-
1" AND "A-2", AND DEPICTED IN EXHIBITS "B-1" AND "B-2", RESPECTIVELY,
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 DME Expansion Project constitutes a valid public use, and 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 Tony A. Riley, the
owner of the Property Interests ("Owner"), on February 17, 2014, 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 coniidential,
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 April 8, 2014, to purchase the Property Interests from the Owner, said date
being after the thirtieth (30th) day after the date on which the City rnade 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 Offers 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
erninent domain to acquire (1) a permanent easement acquisition encumbering 2.912 acres of real
property, and (2) a temporary construction easement acquisition encumbering 1.160 acres of real
property, being generally located in the S. McCracken Survey, Abstract No. 817, and all being
more particularly described in Exhibits "A-1" and"A-2", and depicted in Exhibits "B-1" and "B-
2", respectively, 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:
2
SECTION 1. The City Council hereby finds and determines that the DME Expansio��
Project constitutes a valid public use, that the acquisition of the Property Interests is necessary
for public use to provide electric utilities expansion and itnprovements to serve the public and
the citizens of the City of Denton, Texas, 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) a permanent easement
acquisition encumbering 2.912 acres of real property, and (2) a temporary construction easement
acquisition encumbering 1.160 acres of real property, all affected tracts being described in
Exhibits "A-1" and "A-2, and depicted in Exhibits "B-1" and "B-2", respectively, 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 thin�s
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 foi�th above, are specifically
and expressly adopted by the Council as express findings by the Council.
SECTION 6. If any section, article, paragraph, se�itence, 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 ��,._���� __, 2014,
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C� ���.lS WATTS, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: � �� .,, ��
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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EXHIBIT A-1 TO ORDINANCE
LEGAL DESCRIPTION
ELECTRIC EASEMENT
BEING a 2.912 acre tract of land situated in the S. McCracken Survey, Abstract Number 817, Denton County,
Texas, and being part of that certain tract of land described as Tract 1 in a Deed to Tony A. Riley, as recorded In
Document Number 93-19780 of the Real Property Records of Denton County, Texas, and being more particularly
described as follows:
BEGINNING at a point for corner at the intersection of the Easte�ly Ifne of F.M, Highway No. 428 (Sherman Drive, a
100 foot wide dght-of-way) with the Northerly line of State Highway Loop 288 (a variable width right-of-way), said
point being the most Westerly Southwest comer of the above cited Riley tract, from which a concxete monument
found for reference bears South 20° 10' 31" East a distance of 3.94 feet;
THENCE North 29° 10' 03" East, along the Easterly line of said F.M. Highway No. 428, a distance of 28.71 feet to a
pant for comer;
THENCE departing the Easterly line of said F.M. Highway No. 428, and over and across said Riley tract the
following three courses and distances:
South 59° 42' 36" East, a distance of 89.63 feet to a point for corner;
South 54° 3T 56" East, a distance of 351.41 feet to a point for corner;
South 55° 23' 32" East, a distance of 1012.05 feet to a point for oorner in the East Nne of said Riley tract
and the West line of a tract of land described in a Deed to Charles A. Reed and wife, Harriet Reed. as
recorded in Volume 825, Page 183 of the Deed Records of Denton County, Texas, from which a 112 inch
iron rod found for the Northeast comer of said Riley tract bears North 02° 02' 25" East, a distance of
1253.3�4 feet;
THENCE South 02° 02' 25" West, along the East line of s�i� Rii�y ir�e;t, p���ing a�1� anch irvn rc�d w�th �p
stamped "TNP" set for �eference at the centerline of the p��q��s�d pc�rAUe� �ir�� at � c�ist�� �f 4�•5[3 i�t> �nd
continuing along said line for a total distance of 119.99 feei �a a p�inf f�r car��r in th� Nnrtl�erl�t I�n� �f �id St�te
Highway Loop 288, from which a 1/2 inch iron rod with cap s#�r�� "��'t�� 39�3�" f�ur�c� ta�' r�f�r�nc� b�ar� ��uth
52° 00' 06" East a distance of 147.13;
THENCE along the Northerly line of said State Highway Loop 288, the following five courses and distances:
North 52° 00' 06" West, a distance of 358.12 feet to a point for comer;
North 57° 42' 50" West, a distance of 500.04 feet to a brpken concrete monument found for comer;
NoRh 51 ° 20' 32" West, a distance of 446.47 feet to a concrete monument found for corner;
North 58° 23' 28" West, a distance of 147.62 feet to a broken concrete monument found for comer;
North 20° 10' 31" West, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at the
centerline of the proposed power line at a distance of 65.47 feet, and continuing along said line for a total
distance of 7929 feet to the POINT OF BEGINNING, and containing 2.912 acres of land, more or less,
� �
T�dd B. T�r`��:r, R.P.LS.
October 70, 2013
September 27, 2072 — Field
T.B.P.L.S. Firtn 10011601
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DME13222
EXHIBIT A-2 TO ORDINANCE
LEGAL DESCRIPTION
35' TEMPORARY CONSTRUCTION EASEMENT
BEING a 1.160 acre tract of land situated in the S. McCracken Survey, Abstract Number 817, Denton County,
Texas, and being part of that certain tract of land described as Tract 1 fn a Deed to Tony A. Riley, as �ecorded in
Document Number 93-t9780 of the Real Property Records of Denton County, Texas, and being more particula�ly
described as follows:
BEGINNING at a point for comer in the Easterly line of F.M. Highway No. 428 (Shertnan Drive, a 100 foot wide
right-of-way), from which the most Westerly Southwest comer of the above dted Riley tract and the Northerfy line of
State Highway Loop 288 (a variable width right-0f-way bears South 29° 10' 03" West a distance of 28.71 feet;
THENCE North 29° 10' 03" East, continuing along the Easte�ly line of said F.M. Highway No. 428, a distance of
35.OQ feet to a point for oomer,
THENCE depa�ting the Easterly line of said F.M. Highway No. 428, and over and across said Riley tract, the
following three courses and distances:
South 59° 42' 36" East, a distance of 91.87 feet to a point for comer,
South 54° 37' SB" East, a distance of 352.73 feet to a point for comer;
South 55° 23' 32" East, a distance of 989.46 feet to a point for comer in the East line of said Riley tract and
the West line of a tract of land described in a Deed to Charies A. Reed and wife, Harriet Reed, as recorded
in Volume 825, Page 183 of the Deed Records of Denton County, Texas, from which a 1/2 inch iron rod
found for the Northeast oomer of said Riley tra�t bears North 02° 02' 25" East a distance of 1211.81 feet;
THENCE South 02° 02' 25" West, along the East line of said Riley tract, a distance of 41.53 feet to a point for corner
in the Northerly line of a proposed variable width electric easement;
THENCE along the Northerfy line of said electric easement, the following three courses and distances:
North 55° 23' 32" West, a distance of 1012.05 feet to a point for comer;
Norlh 54° 37' S6" West, a distance of 351.41 feet to a point for comer;
No�th 59° 42' 36" West, a distance of 89.63 feet to the POINT OF BEGINNING, and containing 1.160 acres
of land, more or less.
�°add �. Turner, .F�.P.L.S. _
October 10, 2013
September 21, 2012 — Field
T.B.P.�.S. Firtn 10011601
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