2016-360S:\Legal\Our Documents\Real Estate\DE\Spencer to Pockrus\Spencer to Pockrus TM Line Ordinance - ED Authorization for Timber
Links.docx
AN ORDINANCE OF THE CITY OF DENTON FINDING THAT A PUBLIC USE AND
NECESSITY EXISTS TO ACQUIRE EASEMENT INTERESTS TO A 2.168 ACRE
TRACT OF LAND SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT N.
1330, 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 MAKEINITIAL AND FINAL OFFERS T
EXECUTE AN EASEMENT, BETWEEN THE CITY OF DENTON, TEXAS ("CITY"), AS
GRANTEE, AND TIMBER LINKS APARTMENTS, LLC ("OWNER"), AS GRANTOR,
TO ACQUIRE THE PROPERTY INTERESTS FOR THE TOTAL PURCHASE PRICE
F $93,060.00, AND OTHER CONSIDERATION; AUTHORIZING THE FILING OF
EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE PROPERTY INTERESTS IF
THE FINAL OFFER IS NOT ACCEPTED; AUTHORIZING THE EEITU F
FUNDS; AND PROVIDING AN EFFECTIVE DATE. [SPENCER TO PCUS T
LINE]
WHEREAS, the City Council of the City of Denton ("City Council") after consideration
of this matter, has determined that a public use and necessity exists for, and that the public 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 resolution of the City Council on January 5,
2016;
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, THEREFORE,
"notclim'[0i I pull am
Section 1. 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 casement 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 III. 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 resolution of the City
Council on January 5, 2016.
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 $93,060.00
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 $93,060.00
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 counsel to prosecute 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 fees and costs associated with the prosecution of the proceedings in eminent domain to
acquire the Property Interests.
Section V1. 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 VIII. This Ordinance shall become effective immediately upon its passage,
PASSED AND APPROVED this the day of 2016.
S A] TS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:/Ju
'-' - - "- 0 /1 L
APPRO� tDAS11 ) LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
EXHIBIT "A"
ELECTRIC EASEMENT
Timber Links Apartments, LLC Tract
BEING a 2.168 acre tract of land situated in the Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County,
Texas, and being part of a called 19.132 acre tract of land described as Tract II in a Deed to Timber Links Apartments, LLC,
as recorded in Document No. 2015-9810 of the Official Records of Denton County, Texas, and being more particularly
described as follows:
COMMENCING at a PK nail found for the Southwest corner of the above 19.132 acre tract, and being in the North line of
Edwards Road, per the Final Plat of The Timbers at Denton, as recorded in Cabinet V, Page 412 of the Plat Records of
Denton County, Texas, from which the Southwest corner of Lot 2 per said Final Plat bears South 87°25'28" East a distance
of 157.07 feet;
THENCE North 11°39'28" West departing the North line of said Edwards Road, and along the most Southerly West line of
said 19.132 acre tract, for a distance of 97.60 feet to a 5/8 inch iron rod with cap stamped "TNP INC ESMT" set for corner at
the POINT OF BEGINNING for the herein described easement;
THENCE North 11 °39'28" West continuing along the most Southerly West line of said 19.132 acre tract, for a distance of
319.26 feet to a 5/8 inch iron rod with cap stamped "TNP INC ESMT" set for corner, from which a 1/2 inch iron rod with cap
stamped "Alliance" found for reference bears North 11 039'28" West a distance of 46.68 feet;
THENCE North 01 °55'45" East departing the most Southerly West line of said 19.132 acre tract, for a distance of 198.09 feet
to a 518 inch iron rod with cap stamped "TNP INC ESMT" set for corner at an angle point;
THENCE North 01'41'08" East for a distance of 899.02 feet to a 5/8 inch iron rod with cap stamped "TNP INC ESMT" set for
corner an angle point;
THENCE North 00°31'19" West for a distance of 6.65 feet to a 5/8 inch iron rod with cap stamped "TNP INC ESMT" set for
corner in the most Westerly North line of said 19.132 acre tract and the South line of a called 1.440 acre tract of land per City
Ordinance No. 2002-087, as recorded in Document No. 2002-124546 of the Real Property Records of Denton County,
Texas;
THENCE South 88°13'23" East along the most Westerly North line of said 19.132 acre tract and the South line of said 1.440
acre tract, passing a 1/2 inch iron rod found for the Southeast corner of said 1.440 acre tract and the Southwest corner of a
called 1.822 acre tract of land described in a Lis Pendens Notice, No. ED -96-00723-C, as recorded in Document No. 96-
081818 of the Real Property Records of Denton County, Texas at a distance of 18.71 feet, and continuing along said line for
a total distance of 75.06 feet to a 5/8 inch iron rod with cap stamped "TNP INC ESMT" set for corner, from which a 1/2 inch
iron rod with cap stamped "COLEMAN RPLS 4001" found for the Southeast corner of said 1.822 acre tract and an interior ell
corner of said 19,132 acre tract bears South 8813'23 East a distance of 125.19 feet;
THENCE South 00°31'19" East for a distance of 5.08 feet to a 5/8 inch iron rod with cap stamped "TNP INC ESMT" set for
corner an angle point;
THENCE South 01°41'08" West departing the South line of said 1.822 acre tract and the most Westerly North line of said
19.132 acre tract, for a distance of 900.63 feet to a 5/8 inch iron rod with cap stamped "TNP INC ESMT" set for corner at an
angle point;
THENCE South 01°55'45" West for a distance of 508.58 feet to the POINT OF BEGINNING, and containing 2.168 acres of
land, more or less.
NOTE. L3ea irrgs are referenced to grad north of the Texas Cruor-dinate System of 1983 (North Central Zone; NAD63 (2011)
Epoch 2010) as denved locally from Western Date
Systems Continuously operating Reference Stations (CORS) via Real
Time /Cinematic (RTIC) survey methods, Distances represent surface values utilizing an average combination scale factor of
1.00015063 to scale from to surface.
Todd 13, Turner, R.P.L.S. No. 4859
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Teague Nall & Perkins
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1517 Centre Place Drive, Suite 320
Denton, Texas 76205
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TODD B riWR94&i
940-383-4177
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TBPLS Firm No. 10011601
+ 485 a
Date: March 3, 2016
2016
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Date of Revision: June 28,
4J`R�1
DME13222 — Timber Links Apartments, LLC Easement
Page 1 of 5
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