2016-358S:\Legal\Our Documents\Real Estate\DME\TL - North Lakes - 380 north\North Lakes to Denton North `I'M Line Ordinance - ED Authorization
for Wolski- Revised.docx
AN ORDINANCE OF THE CITY OF DENTON FINDING THAT A PUBLIC USE AND
NECESSITY EXISTS TO ACQUIRE EASEMENT INTERESTS TO A 1.253 ACRE
TRACT OF LAND SITUATED IN THE J.S. COLLARD SURVEY, ABSTRACT NO. 297,
CITY OF DENTON, DENTON COUNTY, TEXAS, AND OF THE REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS ("PROPERTY INTERESTS"), FOR THE
PUBLIC USE OF, EXPANSION, CONSTRUCTION, MAINTENANCE, AND
OPERATION OF AN ELECTRIC TRANSMISSION LINE, ANCILLARY FACILITIES
AND STRUCTURES; AUTHORIZING THE CITY MANAGER, ACTING CITY
MANAGER, OR HIS DESIGNEE, TO MAKE INITIAL AND FINAL OFFERS TO
EXECUTE AN EASEMENT, BETWEEN THE CITY OF DENTON, TEXAS ("CITY"), AS
GRANTEE, AND PENSCO TRUST COMPANY CUSTODIAN FO RANDALL D. SMITH
ROTH IRA, BONNIE BRAE MALONE COUNTY, INC., TRUSTEE OF THE COTI
PROPERTY TRUST, AND EDWARD F. WOLSKI (COLLECTIVELY "OWNER"), AS
GRANTOR, TO ACQUIRE THE PROPERTY INTERESTS FOR THE TOTAL
PURCHASE PRICE OF $166,859.00, AND OTHER CONSIDERATION; AUTHORIZING
THE FILING OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE PROPERTY
INTERESTS IF THE FINAL OFFER IS NOT ACCEPTED; AUTHORIZING THE
EPENITU OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. [NORTH
LAKES TO DENTON NORTH TM LINE]
WHEREAS, the [ ity Council of the City of Denton ("City Council") after consideration
of this matter, has determined that a ptiblic use Laid tiecessity exists for, and that the pLiblic welfare
and convenience requires, the acquisition of the Property Interests by the City of Denton, Texas
("City"). The City Council finds that the acquisition of the Property Interests is a valid public use
necessary for the expansion, construction, maintenance, and operation of an electric transmission
line, ancillary facilities and structures, approved by ordinance of the City Council on December 8,
2015;
WHEREAS, the City is required to make an initial offer as defined by, and in compliance
with, Texas Property Code §21.0111 ("Initial Offer"), and a bona fide offer, as defined by, and in
compliance with, Texas Property Code §21.0113 ("Final Offer") to acquire the Property Interests
for public use, voluntarily, from the owner(s) before beginning the acquisition of the Property
Interests by eminent domain; and
WHEREAS, the City Council deems it necessary to authorize the City Attorney to initiate
condemnation proceedings in order to acquire the Property Interests if an agreement cannot be
reached with the owner(s) for the purchase of the Property Interests; NOW, THE FO
Seel -ion I. The City Council ratifies, confirms and adopts the finding and recitals contained
in the preamble to this Ordinance and further finds that the recitals made in the Preamble of this
Ordinance are true and correct, and incorporates such recitals into the body of this Ordinance as if
copied in their entirety.
Section 11. For the reasons and purposes set forth above, the City Council authorizes
acquisition of easement interests to the real property more particularly described in the attached
Exhibits "A" and "B", together with all necessary appurtenances, additions and improvements on,
over, under, and through the same real property and including a waiver of surface use to the mineral
estate (all being referred to in this Ordinance as "Property Interests").
Section Ill. The City Council approves and authorizes the use of eminent domain to
acquire the Property Interests for the expansion, construction, maintenance, and operation of an
electric transmission line, ancillary facilities and structures, approved by ordinance of the City
Council on December 8, 2015.
Section IV. The City Council authorizes the City Manager, or his designee, to negotiate
for and to acquire the Property Interests from the owner(s) for the City, and to acquire the Property
Interests in compliance with State and any other applicable law. Specifically, the City Manager,
or his designee, in accordance with State and any other applicable law, is directed and authorized
to (a) make an Initial Offer to the owner(s) of the Property Interests in the amount of $166,859.00
as just compensation for the Property Interests, with said amount being based on an amount
determined by an independent fee appraisal obtained by the City; (b) if the Initial Offer is not
accepted, make a Final Offer to the owner(s) of the Property Interests in the amount of $166,859.00
as just compensation for the Property Interests; and, (c) if the Final Offer is not accepted, to direct
the City Attorney, or her designee, to file, or cause to be filed, against the owner(s) and interested
parties of the Property Interests, proceedings in eminent domain to acquire the Property Interests.
Section V. The City Council approves and authorizes, without further authorization from
City Council, (a) the City Attorney, or her designee, to take any and all actions required to retain
additional cotinsel to prosecLite the proceedings in eminent domain to acquire the Property
Interests; and (b) the payment, after approval by the City Attorney, or her designee. of all the
attorney Ices and costs associated Nvitli tile prosecLition of the proceedings in en,iinent domain to
acquire the Property Interests.
Section VI. The City Council approves and authorizes, without further authorization from
City Council, the payment, after approval by the City Attorney, of all the costs associated with the
acquisition of the Property Interests, including but not limited to the costs of purchases or, if
necessary, eminent domain proceedings, relocation assistance expenses, appraisal fees, title
policies/services, recording fees, court costs and expert witness fees.
Section V11. 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 V111. This Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED this the 06 day of QA 2016,
C1 11d,'JWATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
L-
APPROIVr�'AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
— ------------
MALMO
BEGINNING at the most Easterly comer of said 14.198 acre tract and located in the existing Southwesterly right -of=
way line of U,S Highway 77 (a variable width right-of-way), from which a 112 inch iron rod found bears No&
47'0614 East, a distance of 3,06 feet;
IM!
THENCE North 892533 West, departing the most Easterly line of said 14,198 acre tract and the existing
Southwesterly right-of-way line of said U,S. Highway 77, for a distance of 1303.49 feet to a point for corner at the
of land as described in Deed to Brentwood Place Development, Ltd., and recorded in Document No. 2015-123929
(O.R.D.0 T), from which a Railroad Spike found at the Southwest comer of said 14.198 acre tract bears South
00*04'27" West, a distance of 32,68 feet;
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TRENCE South 69*25'32" East, departing said common line, ror a
intersection with the Northeasterly line of said 14,198 acre tract and the existing Southwesterly dght-of-way line of
�4d U.S. Highway 77;
THENCE South 58*45'03" East, along the common Northeasterly line of said 14.198 acre tract and the existing
Southwesterly night -of -way line of said U.S, Highway 77, for a distance of 63-89 feet to the POINT OF BEGINNING,
and containing 1 253 acres of land, more or less.
Bearings are referenced to grid north of the Texas Coordinate Systern of 1983 (North Central Zone,
NAD83(201 1) Epoch 2010) as derived locally from wastern Data Systems Continuously Operating Reference
Stations fCORS) via Real rime Kinematic (RTK) sijrvey methods, Distances represent surface values utilizing an
average combination scale factor of 1.000147317 to scale from grid to surface.
Tudo B l'urner, R P.L,S. Nc4859
9 TC
Teague Nall & Perkins
*
1517 Contra Place Drive, Suite 320.....
......
Denton, Texas 76205
TM M. TURNEM
940-383-4177
......
Date: August 8, 2016
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