2017-38641RDINANCE NO. Z017-32
• 1 PROVIDING 1 1•TE. [HICKORY TO LOCUSTPROJECT
TRACT 6'
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(s) before beginning the acquisition of the
Property Interests by eminent domain; and
WHEREAS, an independent professional appraisal report of the Property Interests will be,
or has been, 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 owner(s) for the purchase of the Property Interests; NOW, THEREFORE,
Section 1. The City Council ratifies, confirms, and adopts the finding and recitals contained
in the preamble to this Ordinance and further 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 11. For the reasons and purposes set forth above, the City Council authorizes
acquisition of the Property Interests, as more particularly described and depicted in the attached
Exhibits "A" and "B," together with all necessary appurtenances, additions, and improvements on,
over, under, and through the Property Interests.
Section 111. The City Council authorizes the City Manager, or his designee, to negotiate
for and to acquire the Property Interests from the owner(s) for the City, and to acquire the Property
Interests in compliance with State and any other applicable law. Specifically, the City Manager,
or his designee, in accordance with State and any other applicable law, is directed and authorized
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 of consultants that he deems
necessary for the acquisition process.
Section IV. The City Council approves and authorizes, without further authorization from
City Council, (a) the City Attorney, or her designee, to take any and all actions required to retain
additional counsel to prosecute the proceedings in eminent domain to acquire the Property
Interests; and (b) the payment, after approval by the City Attorney, or her designee, of all the
attorney fees and costs associated with the prosecution of the proceedings in eminent domain to
acquire the Property Interests.
Section V. The City Council approves and authorizes, without further authorization from
City Council, the payment, after approval by the City Attorney, of all the costs associated with the
acquisition of the Property Interests, including but not limited to the costs of purchases or, if
necessary, eminent domain proceedings, relocation assistance expenses, appraisal fees, title
policies/services, recording fees, court costs, and expert witness fees.
Section V1. 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 V11. 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 VIII. 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 IX. 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 X. This Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED this the 5 Ti_� day of,,_ t & �� > 2017.
CH � .� "� ATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR : mD AS �1, 0 LEGAL FORM:
AARON LEAL, CITY ATTORNEY
EXHIBIT "A"
ELECTRIC EASEMENT
STP TX Investing, LLC Tract
BEING a 0.023 acre tract of land situated in the Eugene Puchalski Survey, Abstract No. 996, in the
City of Denton, Denton County, Texas, being part of a tract of land described in Deed to SPT TX
Investing, LLC, Series G, as recorded in Document No. 2016-57566 of the Official Records of
Denton County, Texas (O.R.D.C.T.), and being further described as part of Lot 2 in Block 7 of the
Owsley Park Addition, as recorded in Volume 1, Page 6 1/2, of the Plat Records of Denton County,
Texas (P.R.D.C.T.), and being more particularly described as follows:
BEGINNING at the northwest corner of Lot 2 and the northeast corner of Lot 1 in said Owsley Park
Addition, same being the northwest corner of said SPT TX Investing, LLC tract and the northeast
corner of a tract of land described in Deed to Dietz Family Trust, as recorded in Document No. 2016-
130806 (O.R.D.C.T.), and located in the existing south right of way line of Stella Street (called 50.00'
R.O.W.), from which point an "X" Cut found bears North 00051'50" East, a distance of 0.44 feet;
THENCE North 89°10'51" East, departing the east line of said Lot 1, and along the common north
line of said Block 7 and the existing south right of way line of said Stella Street, a distance of 50.00
feet to the northeast corner of Lot 2 and the northwest corner of Lot 3 in said Owsley Park Addition,
same being the northwest corner of a tract of land described in Deed to Lazy B Properties, LLC,
Etal, as recorded in Document No. 2014-49766 (O.R.D.C.T.);
THENCE South 00°49'09" East, departing the existing south right of way line of said Stella Street,
and along the common east line of said Lot 2 and the west line of said Lot 3, a distance of 20.61 feet
to a point for corner;
THENCE South 89°45'47" West, departing said common line, a distance of 50.00 feet to the
intersection with the common west line of said Lot 2 and the east line of said Lot 1;
THENCE North 00°49'09" West, along the last stated common line, a distance of 20.10 feet to the
POINT OF BEGINNING, and containing 0,023 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
1.000147317 to scale from grid to surface.
An Easement Exhibit of even date herewith accompanies this Legal Description. See Exhibit `B"
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: April 21, 2017
DME13222 — STP TX Investing, LLC (DME 76) Page 1 of 2
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