2017-088FILE REFERENCE FORMM-17-088 -.
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
S:\Lebal\Our Documents\Ordinaraces\17\3008 South 135 East Utility Relocation Water Lina Easement Ordinance -Authorization for Offers ED,docx
ORDINANCE Ncs
AN ORDINANCE OF THE CITY OF DENTON DETERMINING THE PUBLIC USE,
NEED, AND NECESSITY FOR THE ACQUISITION F A PUBLIC WATER LINE
EASEMENT ENCUMBERING A 0.148 ACRE TRACT OF REAL PROPERTY, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B",
BOTH ATTACHED T AND MADE A PART HEREOF (THE " TY
INTERESTS"), BEING GENERALLY LOCATED ALONG THE 3000 BLOCK
SOUTH INTERSTATE HIGHWAY 35 EAST AND SITUATED INT E D. LOMBARD
SURVEY, ABSTRACT NO. 784, CITY AND COUNTY OF DENTON, TEXAS;
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY, OR THEIR
SCTIVE DESIGNEES, TO ACQUIRE THE PROPERTY INTERESTS BY
AGREEMENT INCLUDING MAKING ALL OFFERS REQUIRED BY LAW;
AUTHORIZING THE USE OFT E POWER OF EMINENT DOMAIN TO CONDEMN
THE PROPERTY INTERESTS IF AN AGREEMENT CANNOT BE REACHED; AND
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO FILE EMINENT
DOMAIN PROCEEDINGS IF NECESSARY; AUTHORIZING THE EXPENDITURE
FUNDING; MAKINGS FINDINGS; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE. (TxDOT I-35 E Grade Separation Project - water utility
relocation component)
EA, 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 to provide the installation and relocation of municipal water utilities relating to the Texas
Department of Transportation's I-35 East Grade Separation Project - water utility relocation
component project to serve the public and citizens of the City; and
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 subject landowner before beginning the acquisition of the
Property Interests by eminent domain; and
WHEREAS, an independent professional appraisal report of the Property Interests will be
submitted to the City as required by Chapter 21 of the Texas Property Code, and the City Manager
or his designee will establish a certain amount determined to be just compensation for the subject
water line easement based on the appraisal and fair market value of the water line easement and
any applicable fees necessary to acquire the subject water line easement which compose the
Property Interests; 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 subject landowner for the purchase of the Property Interests. NOW,
THEREFORE,
Section 1. The City Council finds that the recitals made in the preamble • this
Ordinance are true and correct, and incorporates such recitals into the body of this ordinance as if
copied in their entirety.
Section 2. The City Council authorizes acquisition of the Property Interests, as more
particularly described Exhibit "A" and depicted in Exhibit "W', both of which are attached hereto
and incorporated herein, for the reasons and purposes set forth above together with all necessary
water line related appurtenances, additions and improvements on, over, under, and through the
Property Interests.
Section 3. The City Council authorizes the City Attorney, or his designee, to negotiate
i r d ro ert ri h h P rt Interests for the Cit an
Section 7. In the event that Special Commissioners appointed by the Court during
condemnation proceedings return an award that is the same amount or less than the amount offered
by the City for just compensation, the City Attorney is hereby authorized to settle the lawsuit for
that amount.
Section 8. Following an award by the Special Commissioners, the City Finance
Director is hereby authorized to issue a check from the appropriate fund in an amount not to exceed
the Special Commissioners' award payable to the County Clerk of Denton County to be deposited
in the registry of the Court to enable the City to take possession of the subject easement without
further action of the City Council.
Section 9. 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 10. This Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED this the day of '2017.
L—
TTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
!!P&G
map
I re I a
BY:
EXRTBIT A
201 WATERLINE EASEMENT
0.148 ACRES
BEING ail that certain lot tract or parcel of land situated in the Daniel Lombard Survey, Abstract Number
784, City of Dent6n, Denton County, Texas, and being a part of Lot 1, Block A of Action Carpet Addition,
an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet
N, Page 355 of the Plat Records of Denton County, Texas, and being more particularly described as
follows:
BEGINNING at a Texas Department of Transportation Monument (TYCDOT Mon) found for comer in the
northwest line of said Lot 1, Block A, and being in the southeast line of that certain tract of land described
by deed to Buc-ee's, Ltd., recorded under Instrument Number 2016-16069 of the Real Property Records of
Denton County, and being in the southwest line of Interstate Highway 35E (IH35E), a variable width right-
of-way;
THENCE South 50 degrees 52 minutes 51 seconds East, with the southwest line of said IH35E, a distance
of 194.06 feet to a PK Nail found in asphalt;
THENCE South 56 degrees 35 minutes 29 seconds East, continuing with the southwest line of said IH35E,
a distance of 100.50 feet to a TXDOT Mon. found for comer;
THENCE South 50 degrees 52 minutes 51 seconds East, continuing with the southwest line of said IH35E,
a distance of 28.34 feet to a TXDOT Mon. found for comer in the southeast line of said Lot 1, Block A and
being in the northwest line of Lot 1, Block 1, Achievers Gymnastic Addition, an addition to the City of
Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet R, Page 116 of the Plat
Records of Denton County, Texas;
THENCE South 38 degrees 56 minutes 00 seconds West with the common line of said Lot 1, Block A and
said Lot 1, Block 1, a distance of 20.00 feet to a point;
THENCE North 50 degrees 52 minutes 51 seconds West, within said Lot 1, Block A, a distance of 27.41
feet to a point;
THENCE North 56 degrees 35 minutes 29 seconds West, continuing within said Lot 1, Block A, a distance
of 100.50 feet to a point;
THENCE North 50 degrees 52 minutes 51 seconds West, continuing within said Lot 1, Block A, a distance
of 195.00 feet to a point in the common line of said Lot 1, Block A and said Buc-ee's tract;
THENCE North 38 degrees 56 minutes 00 seconds East, with the common line of said Lot 1, Block A and
said Buc-ee's tract a distance of 20.00 feet to the POINT OF BEGINNING, and containing 0.148 acres of
land, more or less, and being subject to any and easements that may affect.
'77LNI rthur Survic;Ybg Co., Inc.
Profi T—al urveyors
972-221-9439 — Fax 972-221-4675 P Q,4"
220 Elm Street, Suite 200 — P.O. Box 54
Lewisville, Texas 75067— IFRN No. 10063800
Established 1986
www.arthurszzrveying.com
IrA
11\
Buc-ee's, Ltd.
Inst. o.1
R.P.R.D.C.T.
TXDOT
Mon.—CM
,fn< ftl-R,
NORTH
6) 0 60
1-A! 14.1 -,Wl. .1 i 40
wff!
NOTES:
• I.R.F. = I/2" Iron Rod Found
• I.R.S. =1/2" Iron Rod Set with
fAR yellow cap stamped "Arthur
I -surveying company"
P.O.B. —Point of Beg'
241 'o
ro
A.
Lot 1, Block A
Action Carpet Addition 00
Pg. 355
P.R.D.C.T.
(remainder)
rthur Surveying Co., Inc.
1MkVfW %WVCYMN
W 4 cz Nrl
3iM.1Wqr M
W -M -
M
0
Cab. R, Pg. 116
P.R.D.C.T.
JILO
.1=30 - 6 !-
A..
-
12501 N. CENTRAL ]EXPRESSWAY
SuiTE 1700
DALLAS, rFExAs 75243
BANowsKY `d? LEVINE
A PROPESSIONAL CORPORATION
ATTORNEYS AND COUNSELORS
March 17, 2017
ATTORNEY/CLIENT COMMUNICATION
PRIVILEGED AND CONFIDENTIAL
VIA EMAII trU.1:t11slord{L c:ityofdcii(oncQn l
Aaron Leal, Esq.
Interim City Attorney
215 E, McKinney Street
Denton, Texas 76201
RE: +City of Denton _.mm Eminent Domain P oce�jdjj%m
Dear Mr. Leal:
PHONE: 214-871-1300
FAc sEvaLE: 214-8 71-003 8
This letter will confirm that you have requested that Banowsky & Levine, P.C. represent
City of Denton (hereinafter, the "City") with respect to the above -referenced matter. This letter
is intended to confirm certain accounting and administrative practices we employ and to confirm
the terms of the engagement. You have agreed to pay us based upon a reduced municipal hourly
rate. Our reduced hourly rate for shareholders is $250.00 per hour and our reduced hourly rate
for associates is $175.00 per hour. You have also agreed to pay all disbursements and expenses
associated with this representation, including, but not limited to, the fees for any mediation;
computer-aided research; meals; travel; copying, scanning, printing and faxing (.10 per page);
long distance telephone; messenger; courier services; overtime word processing or secretarial
services required by the particular needs of the representation; and the like.
We will bill you on a monthly basis as of the last day of each calendar month. You have
agreed to pay the amount on the statement or bill no later than thirty (30) days from invoice.
Certain expenses and disbursements may be billed directly to you or be billed separately from
our regular statement if significant in amount, You have agreed to promptly pay those
disbursements and expenses. If the amounts billed in our statements or as expenses are not
timely paid, we reserve the right, consistent with our professional obligations, to terminate the
representation.
Mr. Leal
March 17, 2017
Page 2
Additionally, you have requested that the City Attorney's Office be our main point of
contact with the City and that communications with other Departments within the City, to the
extent possible, also include one or more members from the City Attorney's office. Consistent
with our ethical obligations and professional standards, we will endeavor to adhere to your
instructions in that regard.
Please sign a copy of this letter below to memorialize the terms of our agreement and
return it to us. We will be retained upon your return of a signed copy of this letter. if you have
any questions or concerns, do not hesitate to call. We look forward to assisting the City of
Denton with its legal needs.
1 yards,
it
`anowsky & Levine, P.C.
The City of Denton
fr
Aaron Leal
Interim City Attorney -- City of Denton
Approved and Agreed:
City of Denton, a Tex shome-rule municipal corporation
By:
Name: .,m. 1%
Title: ..._
ATTEST:
JENNIFER WALTERS, CITY SECRETARY