2017-279S:\Legal\Our Documents\Ordinances\17\Underwood Substation ED Ordinance.docx
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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 require, the acquisition of the Property Interests together with all necessary
appurtenances, additions and improvements on, over, under, and through the Property Interests
("Related Rights") by the City of Denton, Texas ("City"). The City Council finds that the
acquisition of the Property Interests and Related Rights is a valid public use necessary to provide
for the expansion, construction, maintenance, operation, and improvement of electric transmission
lines, facilities, and structures, including substations, to serve the public and citizens of the City.
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,
SECTION 1. The City Council finds that the recitals made in the preamble of this
Ordinance are true and correct. and incor�torates such recitals into the body, of this ordinance as if
copied
SECTION 2. The City Council authorizes acquisition of the Property Interests, as more
particularly described and depicted in Exhibits
attached hereto and incorporated herein, for• reasons • 1 purposes set forth••'#
SECTION 3. The City Council authorizes the City Attorney, or his designee, to negotiate
for and to acquire the related 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 his
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
• f any other expertsor # •nts that he deems necessary foracquisition 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 his 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• Ordinance authorize
condemnation of all property required for the expansion, construction, maintenance, operation,
and improvement of electric transmission lines, facilities, and structures, including substations.
This property is generally located at the southeast corner of FM 2449 and Underwood Road,
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
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
JIMA
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 and
approval.
PASSED AND APPROVED this the day of _wm , 2017
Cl IRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPR l:I ASI."O LEGAL FORM:
AARO LEAL, INTERIM CITY ATTORNEY
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EXHIBIT "A -I"
DRAINAGE EASEMENT
Petrus Investment, L.P. Tract
BEING a 0.430 acre tract of land situated in the G. West Survey, Abstract No. 1393, in
the City of Denton, Denton County, Texas, and being part of Tract III, a called 96.85
acre tract of land described in a deed to Petrus Investment, L.P., as recorded in
Document No. 98-117450 of the Real Property Records of Denton County, Texas
(R.P.R.D.C.T.), and being more particularly described as follows:
COMMENCING at a 1 inch iron rod found at the southeast corner of Tract 1, a called
2049.00 acre tract of land described in a deed to Stratford Company, L.P., as recorded
in Document No. 2005-12274 of the Official Records of Denton County, Texas
(O.R.D.C,T.), same being an interior ell corner of said 96.85 acre Tract III, and located
at a bend in Underwood Road;
THENCE North 89°50'43" East, departing the common east line of said 2049.00 acre
tract and the most northerly west line of said 96.85 acre tract, and along the
approximate north line of said G. West Survey, a distance of 766.88 feet to a 5/8 inch
iron rod with cap stamped "TNP ESMT" set for the POINT OF BEGINNING;
THENCE North 89°50'43" East, continuing along said common line, a distance of 35.03
feet to a 5/8 inch iron rod with cap stamped "TNP ESMT" set at the intersection with the
southwesterly line of a 100,00 foot wide Texas Power & Light Company Easement as
recorded in Volume 568, Page 30 of the Deed Records of Denton County, Texas
(D.R.D.C.T.);
THENCE South 44°36'58" East, departing said common line, and along the
southwesterly line of said Texas Power & Light Company Easement, a distance of
226.21 feet to a 5/8 inch iron rod with cap stamped "TNP ESMT" set for corner;
THENCE South 17056'36" East, departing the southwesterly line of said Texas Power &
Light Company Easement, a distance of 70.94 feet to a 5/8 inch iron rod with cap
stamped "TNP ESMT" set for corner;
THENCE North 72°03'24" East, a distance of 22.50 feet to a 5/8 inch iron rod with cap
stamped "TNP ESMT" set for corner;
THENCE South 17056'36" East, a distance of 159.27 'feet to a 5/8 inch iron rod with cap
stamped "TNP ESMT" set for corner;
THENCE South 72°03'24" West, a distance of 70.01 feet to a 5/8 inch iron rod with cap
stamped "TNP ESMT" set for corner;
THENCE North 17°56'36" West, a distance of 159.27 feet to a 5/8 inch iron rod with cap
stamped "TNP ESMT" set for corner;
THENCE North 72°03'24" East, a distance of 22.50 feet to a 5/8 inch iron rod with cap
stamped "TNP ESMT" set for corner;
DME 13222 — Petrus Inv. L.P. Page 1 of 4
EXHIBIT "A-1"
TEMPORARY CONSTRUCTION EASEMENT
Petrus Investment, L.P. Tract
THENCE North 17°56'36" West, a distance of 65.02 feet to a 5/8 inch iron rod with cap
stamped "TNP ESMT" set for corner;
THENCE North 44°36'58" West, a distance of 244,82 feet to the POINT OF
BEGINNING, and containing 0.430 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 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. 000 150630 to scale from grid to surface.
An Easement Exhibit of even date herewith accompanies this Legal Description. See
Exhibit "B"
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Marvin King, R,L,S. No. 5581
Teague Nall & Perkins
1517 Centre Place Drive, Suite 320
Denton, Texas 76205
940-383-4177
TBPLS Firm No. 10011601
Date;
DME 13222 — Petrus Inv. L. P. Page 2 of 4
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EXHIBIT "A-2"
TEMPORARY CONSTRUCTION EASEMENT
Petrus Investment, L.P. Tract
BEING a 0.286 acre tract of land situated in the G. West Survey, Abstract No. 1393, in
the City of Denton, Denton County, Texas, and being part of Tract III, a called 96.85
acre tract of land described in a deed to Petrus Investment, L.P., as recorded in
Document No. 98-117450 of the Real Property Records of Denton County, Texas
(R,P.R.D.C,T.), and being more particularly described as follows;
COMMENCING at a 1 inch iron rod found at the southeast corner of Tract 1, a called
2049.00 acre tract of land described in a deed to Stratford Company, L.P., as recorded
in Document No. 2005-12274 of the Official Records of Denton County, Texas
(O.R.D.C.T), same being an interior ell corner of said 96.85 acre Tract III, and located
at a bend in Underwood Road;
THENCE North 89°50'43" East, departing the common east line of said 2049.00 acre
tract and the most northerly west line of said 96.85 acre tract, and along the
approximate north line of said G. West Survey, a distance of 731.84 feet to the POINT
OF BEGINNING;
THENCE North 89°50'43" East, continuing along said common line, a distance of 35.03
feet to a 5/8 inch iron rod with cap stamped "TNP ESMT" set for corner;
THENCE South 44°36'58" East, departing said common line, a distance of 244.82 feet
to a 5/8 inch iron rod with cap stamped "TNP ESMT" set for corner;
THENCE South 17°56'36" East, a distance of 65.02 feet to a 5/8 inch iron rod with cap
stamped "TNP ESMT" set for corner;
THENCE South 72°03'24" West, a distance of 22.50 feet to a 5/8 inch iron rod with cap
stamped "TNP ESMT" set for corner;
THENCE South 17°56'36" East, a distance of 159.27 feet to a 5/8 inch iron rod with cap
stamped "TNP ESMT" set for corner;
THENCE South 72°03'24" West, a distance of 25.00 feet to a point for corner;
THENCE North 17°56'36" West, a distance of 184.27 feet to a point for corner;
THENCE North 72°03'24" East, a distance of 22.50 feet to a point for corner;
THENCE North 17°56'36" West, a distance of 34.09 feet to a point for corner;
THENCE North 44°36'58" West, a distance of 263.43 feet to the POINT OF
BEGINNING, and containing 0.286 acres of land, more or less.
DME13222 — Petrus Inv. L. P. Page 1 of 4
EXHIBIT "A-2"
TEMPORARY CONSTRUCTION EASEMENT
Petrus Investment, L.P. Tract
NOTE: Bearings 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 1,000150630 to scale from grid to surface.
An Easement Exhibit of even date herewith accompanies this Legal Description. See
Exhibit "B"
t�
Marvin King, R.P.L.S. No. 5581
Teague Nall & Perkins
1517 Centre Place Drive, Suite 320
Denton, Texas 76205
940-383-4177
TBPLS Firm No. 10011601
Date;
DME 13222—Pelrus Inv. L.P, Page 2 of
Marvin King, R.P.L.S. No. 5581
Teague Nall & Perkins
1517 Centre Place Drive, Suite 320
Denton, Texas 76205
940-383-4177
TBPLS Firm No. 10011601
Date;
DME 13222—Pelrus Inv. L.P, Page 2 of
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