2017-220SAL,egeak0urDocurncr7t,s\Ordinances\17\llickory to Locust'FL [HU. 72 & 731 ECS Ordinance doer
1 1 � 1 � � � •
M1111
117AV•111 oil I ' 1; '` 1 1
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 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 Property
Interests based on the appraisal and fair market value of the Property Interests and any applicable
fees necessary to acquire 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,
EK11110161 I PKII
Section 1. The City Council 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.
Sectiort 2. The City Council authorizes acquisition of the Property Interests, as more
particularly described Exhibits "A- I " and "A-2," and depicted in Exhibits "B- I " and "B-2," which
are attached hereto and incorporated herein, for the reasons and purposes set forth above together
with all necessary electric transmission 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
for and to acquire the required property rights in the Property Interests for the City, and to acquire
these rights in compliance with State and any other applicable law, The City Attorney, or designee,
is specifically authorized and directed to do each and every act necessary to acquire the needed
property rights in the Property Interests including, but not limited to, the authority to negotiate,
give notices, make written offers to purchase, prepare contracts and conveyance documents, to
retain and designate a qualified appraiser of the Property Interests to be acquired and any other
experts or consultants that he deems necessary for the acquisition process, to retain qualified
outside litigation counsel as needed, and, if necessary, to institute and conduct all parts of the
proceedings in eminent domain in accordance with the laws and procedures of the State.
Section 4. The City Manager, or his designee, is appointed as negotiator for the
acquisition of the needed Property Interests and, as such, the City Manager, or designee, is
authorized and directed to do each and every act and deed specified or authorized by this
Ordinance, subject to the availability of funds appropriated by the City Council for such purpose.
The City Manager, or designee, is specifically authorized to establish and make offer(s) of just
compensation for the acquisition of the Property Interests to the landowner(s) of the Property
Interests in accordance with State and any other applicable law. If an agreement as to damages or
compensation cannot be reached then the City Attorney, or designee, is authorized and directed to
file or cause to be filed, against the subject landowner and interested parties of the Property
Interests, proceedings in eminent domain to acquire the Property Interests.
Section 5. It is the intent of the City Council that this Ordinance authorize the
condemnation of all property required for the expansion, construction, maintenance, and operation
of an electric transmission line, ancillary facilities and structures. This property is generally
located at the in the Owsley Park Addition to the City of Denton along Stella Street, 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
or his designee is authorized to have such errors corrected or revisions made without the necessity
of obtaining a new City Council Ordinance authorizing condemnation of the corrected or revised
property.
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 S. 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 12017.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVE, AS TO �m,FGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY:p w
. . . . . . . . . . ...................... . .
EXHIBIT "A-1"
ELECTRIC EASEMENT
Car Stand, Ltd. Tract
BEING a 0.057 acre tract of land situated in the Eugene Puchalski Survey, Abstract No. 996, in the City
of Denton, Denton County, Texas, being part of Tract One as described in Deed to Car Stand, Ltd., and
recorded in Document No. 2008-103685 of the Official Records of Denton County, Texas (O.R.D.C.T.),
and being further described as part of Lot 1-A in Block 8 of the Amending Plat of Owsley Park Addition,
as recorded in Document No. 2010-20, of the Plat Records of Denton County, Texas (P.R.D,C.T,);
COMMENCING at a 3/4 inch iron rod found at the northeast corner of Lot 3-A in Block 8 of the Amending
Plat of Owsley Park Addition as recorded in Cabinet Y, page 468 (P.R.D.C.T.), same being the northeast
corner of Tract Two as described in Deeds to Car Stand, Ltd., recorded in Document No. 2008-103685
and Document No. 2008-110095 (O,R.D.C.T.), common with the northwest corner of Lot 8 in Block 8 of
Owsley Park Addition, as recorded in Volume 1, Page 6 1/2 (P.R.D.C.T.), and located in the existing
south right of way line of Stella Street (called 50.00' R.O.W,);
THENCE South 89°10'51" West, departing the existing west line of said Lot 8, and along the common
north line of said Block 8 and the existing south right of way line of said Stella Street, a distance of 272.00
feet to the POINT OF BEGINNING, located at the northwest corner of said Lot 3-A and the northeast
corner of said Lot 1-A;
THENCE South 00049'10" Fast, departing the existing south right of way line of said Stella Street, and
along the cornmon east line- of said Lot. 1-A and the west linea of said Lot 3-A, a distance of 22.31 feet to a
point for corner;
THENCE South 88°33'47" West, departing the last stated common line, a distance of 108.79 feet to the
intersection with the common west line of said Lot 1-A and the existing east right of way line of Avenue F
(called 50.00' R.O.W,);
THENCE North 00"21'03" West, along the last stated common line, a distance of 23.49 feet to the
northwest corner of said Lot 1-A, same being the northwest corner of said Tract One, and located at the
intersection with the existing south right of way line of said Stella Street;
THENCE North 89°10'51" East, departing the existing east right of way line of Avenue F. and along the
common north line of said Block 8 and the existing south right of way line of said Stella Street, a distance
of 108.59 feet to the POINT OF BEGINNING, and containing 0.057 acres of land, more or less.
NOTE: Bearings are referenced to Grid North of the Texas Coordinate System of 1983 (North Central
Zone 4202: NAD83 (2011) EPOCH 2010) as derived loca)l'y from Western Data Systems Co otilluously
Operrltirag Reference. Sl�ations (CORS) via Real Time Kinematic (RTK) merhod's. 17ae distances shown
hereon represent surface values utilizing an Average Combination Factor of 1.000147317 to scale from
grid to surface,
An Easement Exhibit of even date herewith accompanies this Legal Description. See Exhibit "B"
This document is for review purposes only and shall not be recorded for any purpose. Texas Board of
Professional Land Surveying rule 633,189 (C).
DME13222 — Car Stand (Parcel 75) Page 1 00
IT... _ _.-............r .....__ -- ... _.._..
CD
i9 �1 ,_.,, v -- co
c
Ln
AVENUE, F STREET
CALLED 50' RIGHT-O - _ o
W
o
S 0M
0 2103 E - 215.67 g
w
,
v
O 3w°mb txtpprymry1 om °�zzro
00 6
�} via n
W� vn� Oz�z ��zCA
"'m
O- oODz bow
A C1� O nwpG m
1 oo -ic 0 1�mr Rl
o
r G„
r
o co
w o goo
e r z
y..��i a o
a �w
rn
co
3 ry rn � b
mz
S 00°49'10" E - 119.36` .. _.�-
co.
w v C
vw o ov a
s w ry.W ' ry
r41 Jjp
® o r r- z 8
w z:00 0oar 8 �'V�®m
a Gim Oo_p"' m om ._ _....
co000OM ® �x z
6
ry� Rl W v C? c7 I d m
® W M :* :E m
zy
o �m Zm C)w
o p m `z 9— m A
K -n C) G7 i11 w O
o — O y s, y
w m z®o a a v'
omD m
N
® low
mem x �0�scn
m�mm ®®nC�Px
i Z r ti, z ve (ra �� o
®z m 0 � w c�� 0 a O M o � " '
_ a- m 7 E-122.44
co zo
m �O.zn � mr10-0mso �y Z
crn> - c�zm�m®�2�m z O
N z �[� G) ���'r6�Pff � vr-y�2
C
NOTES
1. iloskrings of 111srras shown hw ann sere reforencod to Grid Northl o,'af ttg.ro Texas tst'aord[rlarte SyMani of 1983 (North ContrA Zorle 4202: NADI33(2011)
EPOCC 1 2010) as derivud louall from Wesstk� m Dala Systems Continuroaasly Operating ftetifaar'orir St¢��wtitssrs (COFj:a) vire Rani 'limo Kinematic ovrK)
m0huds. Tho dlsUinuus drown JktawjoorN iepre..enl spry t
y
s t �� `i'#�fiaa valtiaa�,s artlli�erug urs Average Oon'lblrnatiorr Factor of 1.00014°l317 to 4;r4ale frrasn gold to
surface.
2., This exhibit was prepared with benefit of that current Title Commitment, GF No. 146290, with effective date of September 1, 2014, provided by Title
Resources Guaranty Company. For easements, rights-of-way and/or other matters of record that may affect this tract, the surveyor relied solely on
said Utle commitment.
THIS TRACT IS SUBJECT TO THE FOLLOWING SCHEDULE B ITEMS:
(1 Do) Terms and conditions contained In Utility Agreement and DodiciWon between Jimmy Dale Brown, George E, Reaves, and the City of
Dalton, Texas, recorded 'Irr Volume 1259, Page 231, teal Property Rec.-Amis, Denton County, Texas, (undefined, not shown)
(10f) 15' x 15' Visibility Easement, Public Utility Easement and Traffic Control Devices Easement, as shown on plat recorded In Document No,
2010-20, Plat Ret rds, Denton County, Texas. (as shown)
(10g) 2' Sidewalk Ea omont, 10' Sidewalk Easement, 4' x 4' Public Utility I ssament and a Clearance Zone for Existlrsg Overhead Transmission
Line Easement, as shown on plat recorded In Document No. 2010-20, Plat Records, Denton County, Texas, (as shown)
THE FOLLOWING SCHEDULE B ITEMS DO NOT AFFECT THIS TRACT:
(10f) 5'x 23' Sidawalk Easement and an 8' x 8' Denton Municipal Electric Easement, as shown on plat recorded in Document No. 2010-20, Plat
Records, Denton Cciunty, Toxas, (not shown)
THIS DOCUMENT WAS
RELEASED ON FEBRUARY
07, 2017 FOR REVIEW
PURPOSES ONLY. BY
MARVIN KING, RPLS NO,
5581, THIS DOCUMENT
SHALL NOT BE RECORDED
FOR ANY PURPOSE, TEXAS
BOARD OF PROFESSIONAL
LAND SURVEYING RULE
633.189 (C).
_EXHIBIT
"B"
ELECTRIC EASEMENT
SITUATEDBINITHE MARY L AUSTIN teague nail perkinS tl WECTRI'C EASEMENT
1s17 c."In s°xe02o TIN SURV Y, ABSTRACT NO.4
0°Non, Yaxm 76205 CITY OF DENTON, DENTON COUNTY, TEXAS
940.78] 4177 ph 940 383.8026 IK
www.lnpi"`'`om DME13222 SHEET 3 OF 3
tnp wta,�" 1,ib T.B.P.L.O. FI"n N°, 10011601
EXHIBIT "A-2"
ELECTRIC EASEMENT
Car Stand, Ltd. Tract Two
BEING a 0.141 acre tract of land situated in the Eugene Puchalski Survey, Abstract No. 996, in the City
of Denton, Denton County, Texas, being part of Tract Two as described in Deeds to Car Stand, Ltd.,
recorded in Document No. 2008-103685 and Document No. 2008-110095 of the Official Records of
Denton County, Texas (O.R.D.C.T,), and being further described as part of Lot 3-A in Block 8 of the
Amending Plat of Owsley Park Addition as recorded in Cabinet Y, Page 468, of the Plat Records of
Denton County, Texas (P.R.D.C.T.), and being more particularly described as follows:
BEGINNING at a 3/4 inch iron rod found at the northeast corner of said Lot 3-A, same being the northeast
corner of said Tract Two, common with the northwest corner of Lot 8 in Block 8 of Owsley Park Addition,
as recorded in Volume 1, Page 6 1/2 (P.R.D.0 T.), same being the northwest corner of a called 0.341
acre tract of land described in Deed to the State of Texas f/b/o University of North Texas, Denton Texas,
as recorded in Document No. 2004-73036 (O.R.D.C.T.), and located in the existing south right of way line
of Stella Street (called 50.00' R.O.W.);
THENCE South 00°23'07" East, departing the existing south right of way line of said Stella Street, and
along the common east line of said Lot 3-A and the west line of said Lot 8, a distance of 22.86 feet to a
point for corner;
THENCE South 89°18'58" West, departing said common line, a distance of 264.24 feet to a point for
corner;
THENCE South 88°33'47" West, a distance of 7.59 feet to the intersection of the common west line of
said Lot 3-A with the east line of Lot 1-A in Block 8 of the Amending Plat of Owsley Park Addition, as
recorded in Document No. 2010-20, (P.R.D.C.T.), same being the east line of Tract One as described in
Deed to Car Stand, Ltd., and recorded in Document No. 2008-103685 (O.R.D.C.T.);
THENCE North 00°49'10" West, along the last stated common line, a distance of 22.31 feet to the
northwest corner of said Lot 3-A, the northeast corner of said Lot 1-A, and located in the existing south
right of way line of said Stella Street;
THENCE North 89010'51" East, departing the existing east line of said Lot 1-A, and along the common
north line of said Lot 3-A, same being the north line of said Tract Two, and the existing south right of way
line of said Stella Street, a distance of 272.00 feet to the POINT OF BEGINNING, and containing 0.141
acres of land, more or less.
NOTE: Bearings are referenced to Grid North of the Texas Coordinate System of 1983 (North Central
Zono 4202: NAD63 ('2011) EPOCH 2010) as derived locally fr0117 Western Data Systems Continuously
Opeaifing Reference Slations (CORS) via Real Dine l ineinatic ('R"T� methods. The distances shown
hereon represent surface values utilizing an Average Combination Factor of 1.000147317 to scale from
grid to surface.
An Easement Exhibit of even date herewith accompanies this Legal Description. See Exhibit "B"
.1-.......2/ ._..
OF
RJ L
Marvin King, R .S. No. 5581,�.G
s7c/
Teague Nall & Perkins
1517 Centre Place Drive, Suite 320
;
IOAN` f KING
Denton, Texas 76205
940-383-4177
TBPLS Firm No. 10011601,'
Date: April 21, 2017
DME13222 - Car Stand Tr. 2 (DME 72) Page 1 of 3
1 Y°ay •P W r v C7 yy O a Zl c3 1 r^ n 'L>
ry...y 60 DOAZ pi��m I
i pCR
b2
n�Xc> ® QZ ..,a V J9 ���
oztzo mm I µ.Tu., 1ik�Nl N �q
i_.. ....._._.._. �[ }r
ap %
Is
LJ
1
w 41
CD
to ,p
S 00°49'10" E - 119,36' �I ���..c.
n N cl
"� q 19
g 111 r
u
r
r r F
V
a
O Q cs n
m
z n v,
f' ;) w <) 7C
co
b :ice n r� r^ C m co
y G u �r4s k ;5 Z m® B
CUiB is 1)
y rp 00
'�"7p "z•° moi•;,) 0 CO
07)
Z Z
13
7 pNN�D t�
0o Z
�p0...�
a w
I
400
m
R1
b m
N �m I'- s
r„ z
-n� o w N j I ry
m 0 M®I�
w Zz o �� _ "2 122, 44' i
�Dmy zyrv>� S002307 E- -
-+ O It1
o n �( y O W N
Z m A rt�iz i�ow�,a m
m min mm �oz —� c
�"z z I�JJary 0 om O
ozm9 vw c�
to zo�� - �m
-� im �°'_0 N Off' NJN ° ®M ca ® G
C/)
m
�b� m -zi Z
NOTES:
1. Bearings of lines shown hereon are referenced to Grid North of the Texas Coordinate System of 1983 (North Central Zone 4202: NAD83(2011)
EPOCH 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK)
methods. The distances shown hereon represent surface values utilizing an Average Combination Factor of 1.000147317 to scale from grid to
surface.
2, A Legal Description of even date herewith accompanies this Easement Exhibit, See Exhibit "A"
3. This exhibit was prepared with benefit of that current TIUe Commitment, GF No. 146289, with effective date of September 1, 2014, provided by
Title Resources Guaranty Company, For easements, rights-of-way and/or other matters of record that may affect this tract, the surveyor relied
solely on said title commitment.
THIS TRACT IS SUBJECT TO THE FOLLOWING SCHEDULE B ITEMS:
(109) Terms and conditions contained in Utility Agreement and Dedication between Jimmy Dale Brown, George E. Reaves, and the City of
Denton, Texas, recorded in Volume 1259, Page 231, Real Property Records, Denton County, Texas. (undefined, not shown)
(100 Clearance Zone for Existing Overread Transmission Line Easement, as shown on plat recorded In Cabinet Y, Page 468, Plat Records,
Denton County, Texas. (as shown)
(10g) Public Sidewalk Easement exeeuted by Richard Martino Chlldrens Trust to the City of Denton, Texas, recorded In Document No.
2008-121343, Official Records Denton County, Texas. (as shown)
�_.........._.� LEGEND_..._._...�.�.-..�._..m.�...
.,
CALL UI A'F L:U —POINT
Ia IRON ROO FOUND (UNLESS NOTED OTHERWISE)
,c,A ,,..CONTROLLING MONUMENT ......................._...._
4:...1 MAILBO%(MHi......��,,.................,.......-,.,,,,,,,,..._..-.......m...,............n,
-i5 FIRE F4YORW47 (FH)
LE
'1J slrld
LWATER METER � 0 F �.
WATER VALVC .�_«0 ,, 5T,FR,'i"
4^'"J IRRIGATION CONTROL VALVE.....b.
_
VERIZON VAULT..,_.,.• 6+"%
.,.,-...-.., EASEMENT BOUNDARY 11-1.1- IVI f "'*R" 1,^ Y N* I I 417
--- PROPERrV LINE «,n .. ....•
w..
_ .0 5581
. rXIuTI qG CASEPAENY °t
F WAv 'M^`
— S U 4r4
-- E A --OHE m-- — OVERHEAD ELECTRIC LINE
EXHIBIT "B"
BEING 0,141 ACRE ELECTRIC EASEMENT
League nail & perkins SITUATED IN THE EUGENE PUCHALSKI SURVEY, ABSTRACT NO. 996
Pm ' 1517 Centro Ploce Drim sults 020 CITY OF DENTON. DENTON COUNTY, TEXAS
W,t n Donlan, Texa, 76205
940.000.4177 ph 940.383.80261x DME13222 SHEET 3 OF 3
w .lnpinc.com
TB.P.L.5 Fhm N. 10011601