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2014-166s:\legal\our documents\ordinances\14\north locust properties ed ordinance.doc •' •' � • • � � ! i' � •' � � !' ` ' ' � ' � � � �, , . . � � � * � � • • . �; • . . • • � , • • . . � � • . . � . � • • � � • • � � •; : � . � � �� • • '' � � . � . . . . . . . � . � . . � •, ' , ' ' � ' � , � ' � . . , . . . � .. � ..• . � . � . � � ; � � . � •: � �; '� ,: ' :: • L !, ! • •' . . �� . � . � � � ; � � 1 � '' � � ' ' ' � , � , � . � . . . . . �, . � � . � . � . � . • . �; . . � � . � � � . � � . . � � ' •' � . �� . � R� �: . ,. . .; . .�' �. � .. � 1 � •. l� � � '� �. � . . �, • � .. � ,. �� : i �. •. '� :•�: . ,�: • �. 1. ' ... 1 � •�.,: '.�: • L .: • 1 � 1�� • � !: �� . 1. . �:. � ��. � ,. . � '. � . '. �..... �.. •�. �.. �� . ,� . �: � �� . . .: , . � � ��. 1�. ��. ♦. � '�. . � �� • ,� : � ♦ �� ,: '�� . WHEREAS, the City af Denton, Texas (the 66City99) has initiated plans for the expansion af 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 impravements to serve the public and the citizens of the City of Dentan, Texas; WHEREAS, the City made a written Initial Offer (herein so called) to North Locust Properties, LLC, a Texas limited liability company, the awner of the Property Interests /660wner"), on Navember 18, 2013 ta purchase the Praperty Interests from the Owner; l 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 praduced or acquired by the City relating specifically to the Owner's property prepared in the ten (10) years preceding the date af the Initial Offer, and a Texas Landowner's Blll Of R1gI1tS; WHEREAS, the Initial Offer made by the City ta 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 acquisitian af the Praperty Interests with others; or (ii) keep the offer or agreement confidential, unless the offer or agreement would be subject ta 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 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 Offers made to the Owner of the Property Interests included (i) a copy of the written appraisal; (ii) (a) contract of sale and (b) special warranty deed, 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; WHEREA5, 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 a fee title estate to 2.493 acres of real property, being generally located in the T. Toby Survey, Abstract No. 1288, and all being more particularly described and depicted in Exhibit "A", 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: 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) a fee acquisition encumbering 2.493 acres of real property, all affected tracts being 2 described and depicted in Exhibit "A99� attached hereto and made a part hereof by reference. The Council hereby further iinds 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. SLCTION 4. The City Manager, or his desi�nee, 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 UriCOriStiliUtl0Ila1 by a COL1Tt Of COTrip8t2rit ,JUT1SCi1CtlOri, such holding shall not affect the validity of the remainin� 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 m'� ��-�� .'�� , 2014. � ' � � .� _ .__ �� `"�, - ._.. �� .._._._ �� m �._ CHRIS �ATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By• , � �' � , �._�.� � . :�. �� 1i'P` V��;�) TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � �' y B � ' f Y' -� ` Exhibit "A" Paqe 1 LEGAL DESCRIPTION BEING a 2.493 acre tract of land situated in the T, Toby Survey, Abstract No. 1288, Denton County, Texas, and being part of a called 11.46 acre tract of land described in a Deed to North Locust Properties, LLC., as recorded in Document No. 2010-52041 of the Real Property Records of Denton County, Texas, and being more particularly desc�ibed as follows: BEGINNING at a 1/2 inch iron rod found for corner at an interior ell corner of the above cited 11,46 acre tract, said point being the Northwest corner of a called 3.375 acre tract of land described in a Deed to the City of Denton, Texas, as recorded in Volume 732, Page 972 of the Deed Records of Denton County, Texas, said point also being at an angle point in the East line of Block C, per the Final Plat of La Hacienda Heights, Phase I, as recorded in Cabinet W, Page 666 of the Plat Records of Denton County, 7exas; THENCE North 00°10'49" East (No�th 00°25'25" East per said Plat recorded in Cabinet W, Page 666), along the East line of said Block C of La Hacienda Heights, Phase I, for a distance of 359.78 feet (359.82 feet per said Plat recorded in Cabinet W, Page 666) to a 5/8 inch iron rod with cap stamped "TNP" set for corner in a non-tangent curve to the right in the South line of Beall Street, (variable width right-of-way per said Plat recorded i� Cabinet W, Page 666); THENCE in an Easterly direction, along the South line of said Beall Street, and along said non-tangent curve to the right having a central angle of 02°31'51", a radius of 387.50 feet, a chord bearing of North 88°47'53" East, a chord distance of 17.12 feet and an arc length of 17.12 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE South 89°49'40" East (South 89°34'35" East per said Plat recorded in Cabinet W, Page 666), continuing along the South line of said Beall Street, for a distance of 245.83 feet (245.82 feet per said Plat recorded in Cabinet W, Page 666) to a 5/8 inch iron rod with cap stamped u7NP" set for corner; THENCE South 44°17'24" East (South 44°03'41" East per said Plat recorded in Cabinet W, Page 666), continuing along the South line of said Beall Street, for a distance of 28.07 feet (28.02 feet per said Plat recorded in Cabinet W, Page 666) to an "X" cut in a concrete drainage structure set for corner; THENCE South 88°42'16" East (South 88°32'46" East per said Plat recorded in Cabinet W, Page 666), continuing along the South line of sald Beall Street, for a distance of 23.34 feet (23.37 feet per said Plat recorded in Cabinet W, Page 666) to an "X" cut in a concrete drainage structure set for corner in the West line of North Locust Street (F.M. 2164 - 90' right-of-way per Volume 400, Page 13 of the Deed Records of Denton County, Texas), from which the calculated Northeast corner of said 11.46 acre tract bears North 01 °11'10" East a distance of 72.32; THENCE South 01°11'10" West (South 01°14'40" East per said Deed recorded in Document No. 2010-52041), along the West line of said No�th Locust Street (F.M. 2164), for a distance of 340,29 feet to a 5I8 inch iron rod with cap stamped "TNP" set for corner at the most Easterly Southeast corner of said 11.46 acre tract, said point also being the Northeast corner of the above cited 3.375 acre tract; THENCE North 89°43'25" West (North 89°41'09" West per said Deed recorded in Document No, 2010-52041), departing the West line of said North Locust Street (F.M, 2164), and along the South line of said 11.46 acre tract and the North line of said 3.375 acre tract, for a distance of 299.97 feet (299.97 feet per said Deed recorded in Document No. 2010-52041) to the POINT OF BEGINNING, and containing 2.493 acres of land, more or less. 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