2017-218S:\l,cga[\Our Docui=nts\0rdinances\17\Spcncer to Locust TL ED Ordinance - Tracts 34 & 37.docx
ORDINANCE1. «
11"1111 W ! 1 !, I � . .
! 1 AND
; ACRE TRACTOF LAND, BOTH SITUATED IN THE
ALEXANDER HILL SURVEY, ABSTRACT NO. 623, CITY OF DENTON, DENTON
COUNTY, TEXAS (COLLECTIVELY THE "PROPERTY INTERESTS"), FOR THE
PUBLIC USE OF, ►, 1 CONSTRUCTION, 1
OPERATION OF .,
ACQUIREAND STRUCTURES; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
PROPERTYINTERESTS BY AGREEMENT INCLUDING
ALL OFFERS REQUIRED BY LAW; AUTHORIZING THE USE OF POWER 1
CANNOTEMINENT DOMAIN TO CONDEMN THE PROPERTY INTERESTS IF AN
AGREEMENT • 1 1 AUTHORIZING
ATTORNEY, OR HIS DESIGNEE,DOMAIN PROCEEDINGS
AUTHORIZING, 1 • OF FUNDING;
FINDINGS;PROVIDING 1 1 PROVIDING
DATE [TRACTS • & 371.
WHEREAS, the City Council of the City of Denton ("City Council") after consideration
#matter has determined
that a Nublic use andnecessity exists for,• • that the public
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 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; • f
necessaryWHEREAS, 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
*ON", wmount determined to be-; ust conigensation for the Pro2Lr_ty
Interests based on the appraisal and fair market value of the Property Interests and any applicable
fees # acquire the Property . •
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 b(, -R
reached
"• landowner forpurchase of Property
THEREFORE,
1
of an electric transmission line, ancillary facilities and structures. This property is generally
located along Johnson Street across from the intersection with Smith Street, Denton, Denton
County, Texas.
Section 6. If it is determined that there are scrivener errors in the descriptions
contained herein or if later surveys contain more accurate revised descriptions, the City Attorney
*,r 'his 4tsigi-fcc is *Yth+rizc4, t+ hzve sy.ch err*rs c*rrectei' *r revisi*m� xAv4.1.- witk,tut tke Xecessity
of obtaining a new City Council Ordinance authorizing condemnation of the corrected or revised
property.
IN
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 property 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.
CHJ--wxT�T—TS, ��
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: o
APPRO ". _' AST( LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY: �_ ��..... .
3
EXHIBIT "A-1"
LEGAL DESCRIPTION
BEING a 0.018 acre tract of land situated in the Alexander Hill Survey, Abstract No. 623, in the City of
Denton, Denton County, Texas, being all of a 70 foot by 11 foot tract of land described in Deed to M.M.
McCreless and wife, Bessie McCreless by Quit Claim Deed recorded in Volume 362, Page 515 of the
Deed Records of Denton County, Texas (D.R D.C.T.), and being more particularly described as follows:
COMMENCING at a 3/8 inch iron rod found at the northeast corner of Tract V, a called 0.626 acre tract of
land and the southeast corner of Tract VII, a called 0.07 acre tract of land, as described in a Deed to
Veldin, LLC, recorded in Document No. 2016-104553 of the Official Records of Denton County, Texas
(O.R.D.C.T.), and located in the existing west right of way line of Johnson Street (variable width R.O.W.);
THENCE North 88009'03" West, departing the existing west right of way line of said Johnson Street, and
along the common north line of said Tract V and the south line of said Tract VII, a distance of 75.00 feet
to a 5/8 inch iron rod with cap stamped "TNP" set for the POINT OF BEGINNING at the southeast corner
of said 70 foot by 11 foot tract, and located at an interior ell corner of said Tract VII;
THENCE North 88°09'03" West, departing a west line of said Tract VII, and continuing along the north
line of said Tract V, a distance of 70.00 feet to a 5/8 inch iron rod with cap stamped "TNP" set at the
southwest corner of said 70 foot by 11 foot tract and located at an interior ell corner of said Tract VII;
THENCE North 01 050'57" East, departing the north line of said Tract V, and along the common west line
of said McCreless tract and an east line of said Tract VII, a distance of 11.00 feet to an "X" Cut set at the
northwest corner of said 70 foot by 11 foot tract, and located in the south line of a called 0.08 acre tract of
land conveyed to Massoud Ebrahimi and Behrooz Anvari by Deed recorded in Volume 4608, Page 377 of
the Real Property Records of Denton County, Texas (R.P,R.D.C.T.), and being more fully described in
Vol. 362, Pg. 514 (D.R.D.C.T.);
THENCE South 88009'03" East, departing an east line of said Tract VII, and along the common north line
of said McCreless tract and the south line of said 0.08 acre tract, a distance of 70.00 feet to a 5/8 inch
iron rod with cap stamped "TNP" set at the northeast corner of said 70 foot by 11 foot tract, and located in
a west line of said Tract VII;
THENCE South 01050'57" West, departing the south line of said 0.08 acre tract, and along the common
east line of said 70 foot by 11 foot tract and a west line of said Tract VII, a distance of 11.00 feet to the
POINT OF BEGINNING, and containing 0.018 acres of land, more or less.
NOTE: Bearings shown hereon are referenced to Grid North of the Texas Coordinate System of 1983
(North Centrai Zone 42()2.' NAD83 (201'1) EPOCH 2010) asder'vod locally fror)r Western Data Systems
Confrr)r)�;rusiy, Operating Reference StatOns (C01R) viva ftirral Ti rw Kinematic (RTi) methods The
distances shown herezon represelij surf )ce valcres utlliring �,,)n Average Coir)1.)Ination Factor of
1.000147317 to scale from grid to surface.
A Survey Exhibit of even date herewith accompanies this Legal Description. See Exhibit "B"
Marvin King, R.FL.S. No.ITb581 ws rrry :» i
Teague Nall & Perkins ;, " .. "'r
1517 Centre Place Drive, Suite 320
Denton, Texas 76205 i A�� 'IN..,KING
940-383-4177 9
TBPLS Firm No. 10011601;
Date: July 25, 2017 st1f
DME 13222 — McCreless, 7'x 11' Tr. (SL 37) Page 1 of 2
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