2017-280SAL.egal\Our L7ocrrnxents\Ordinances\17\spericer to L,ocust'll ED Ordinance - Tract 37A.doex
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A, 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 domains 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,
I
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.
Section 2. The City Council authorizes acquisition of the Property Interests, as more
• described and depicted in Exhibits "A" and "B," 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
#• 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 between Johnson Street and the Texas & Pacific Railroad corridor, north of Daugherty
Street, City of 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.
N
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.
CHRIS WATTS,
MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRO .C) AS T(`; LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY:
3
EXHIBIT "A"
ELECTRIC EASEMENT
Pecan Grove Office Park, LLC Tract
BEING a 0.728 acre tract of land situated in the Alexander Hill Survey, Abstract No. 623, in the
City of Denton, Denton County, Texas, being part of Tract Three, a called 3.13 acre tract of
land, and part of Tract Six, a called 2.931 acre tract of land described in a Deed to Pecan Grove
Office Park, LLC, as recorded in Document No. 2013-85183 of the Official Records of Denton
County, Texas (O.R.D.C.T.), and being more particularly described as follows:
COMMENCING at a metal fence corner post found at the southwest corner of Tract V, a called
0.626 acre tract of land described in a Deed to Veldin, LLC, as recorded in Document No. 2016-
104553 (O.R.D.C.T.), common with the northwest corner of a called 0.291 acre tract of land
described in Deed to Miguel Angel Ruiz -Garcia, as recorded in Volume 4152, Page 2258 of the
Real Property Records of Denton County, Texas (R.P.R.D.C.T.), and located in the east line of
said 3.13 acre Tract Three;
THENCE North 00008'48" West, departing the north line of said 0.291 acre tract, and along the
common east line of said 3.13 acre Tract Three and the west line of said 0.626 acre Tract V, a
distance of 74.51 feet to the POINT OF BEGINNING;
THENCE North 86050'09" West, departing said common line, a distance of 417.28 feet to a
point for corner:
THENCE South 83049'05" West, a distance of 41.56 feet to the intersection with the westerly
line of said Tract Three and the easterly line of the Texas and Pacific Railroad (100 foot
R.0.W.);
THENCE North 23°38'59" East, along the easterly line of the Texas and Pacific Railroad right of
way, passing the northwest corner of said Tract Three and the southwest corner of said Tract
Six at a distance of 52.54 feet, and continuing along the easterly line of said Railroad right of
way and the westerly line of said Tract Six for a total distance of 90.20 feet to a point for corner;
THENCE South 72047'46" East, departing the easterly line of the Texas and Pacific Railroad
right of way, a distance of 11.30 feet to a point for corner;
THENCE South 86050'09" East, a distance of 292.45 feet to the intersection with the east line of
said Tract Six, common with the northwest corner of Tract VII, a called 0.07 acre tract of land,
as described in a Deed to Veldin, LLC, and recorded in Document No. 2016-104553
(O.R.D.C.T.), and the southwest corner of a called 0.08 acre tract of land conveyed to Massoud
Ebrahimi and Behrooz Anvari by Deed recorded in Volume 4608, Page 377 (R.P.R.D.C.T.), and
being more fully described in Vol. 362, Pg. 514 of the Deed Records of Denton County, Texas
(D. R.D.C.T.);
THENCE South 12°54'18" West, departing the south line of said 0.08 acre tract, and along the
west line of said Tract VII, a distance of 15.27 feet to a 1/2 inch iron rod found at the southeast
corner of said Tract Six and located at the intersection with the north line of said Tract Three;
THENCE North 89058'42" East, departing the east line of said Tract Six and along the common
north line of said Tract Three and the south line of said Tract VII, a distance of 122.21 feet to a
3/8 inch iron rod found at the northeast corner of said Tract Three and the northwest corner of
said Tract V;
DME13222 — Pecan Grove Office Park, LLC (SL 45) Page 1 of 3
THENCE South 00008'48" East, departing the south line of said Tract VII, and along the
common east line of said Tract Three and the west line of said Tract V, a distance of 66.86 feet
to the POINT OF BEGINNING, and containing 0.728 acres of land, more or less.
(VOTE: 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 14 7317 to scale from grid to surface.
An Easement Exhibit of even date herewith accompanies this Legal Description. See Exhibit "B"
Marvin King, R.P. .S. No. 5581
Teague Nall & Perkins
1517 Centre Place Drive, Suite 320
Denton, Texas 76205
940-383-4177
TBPLS Firm No. 10011601
Date: February 10, 2017
DME13222 — Pecan Grove Office Park, LLC (SL 45) Page 2 of 3
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