22-657DocuSign Envelope ID: D433F6AF-FF55-449E-BCIC-287371C4B453
ORDINANCENO. 22-657
AN ORDINANCE OF THE CITY OF DENTON DETERMINING THE PUBLIC USE, NEED,AND NECESSITY FOR THE ACQUISITION OF A (1) PERMANENT WATER LINEEASEMENT AND A (I1) TEMPORARY CONSTRUCTION EASEMENT, GENERALLYLOCATED ALONG LOOP 288 AND US 77 BETWEEN INTERSTATE HIGHWAY 35E TONICOSIA STREET, SITUATED IN THE NATHAN WADE SURVEY ABSTRACT NO. 1407,IN THE CITY AND COUNTY OF DENTON, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN THE ATTACHED EXHIBIT “A” (COLLECTIVELY THE “PROPERTYINTERESTS”); AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY, TOACQUIRE THE PROPERTY INTEREST BY AGREEMENT, IF POSSIBLE, INCLUDINGMAKING ALL OFFERS REQUIRED BY LAW; AUTHORIZING THE USE OF THE POWEROF EMINENT DOMAIN TO CONDEMN THE PROPERTY INTEREST IF AGREEMENTSCANNOT BE REACHED; AUTHORIZING THE CITY ATTORNEY, TO FILE EMINENTDOMAIN PROCEEDINGS IF NECESSARY; AUTHORIZING THE EXPENDITURE OFFUNDING; MAKING FINDINGS; PROVIDING A SAVINGS CLAUSE; AND PROVIDINGAN EFFECTIVE DATE.
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, comprised of a permanent
easement and temporary construction easement, by the City of Denton (“City”). The City Council
finds that the acquisition of the Property Interest is a valid public use necessary to complete the
Northwest Booster Pump Station and Water Transmission Main Project which will provide a
transmission main that is a part of the Water Distribution System Master Plan in order to move
water to the elevated storage tank located at Loop 288 and Interstate Highway 35E ( the “Project”),
to serve the public and the citizens of the City; and
WHEREAS, the acquisition of the Property Interests identified in Exhibit “A” is necessary
in furtherance of the Project; 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 landowners before beginning the acquisition of the
Property Interests by eminent domain; and
WHEREAS, independent professional appraisal reports 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 their designee will establish a certain amount determined to be just compensation for the
individual Property Interest based on the appraisals and fair market values 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
DocuSign Envelope ID: D433F6AF-FF55-449E-BCIC-287371C4B453
reached with the subject landowners for the purchase of the Property Interests; NOW,THEREFORE,
THE COUNCIL OF THE CITY OF DENTON ORDAINS :
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
particularly described in the attached Exhibit “A,” for the reasons and purposes set forth above,together with all necessary appurtenances, additions, and improvements on, over, under, and
through the Property Interests.
SECTION 3. The City Council authorizes the City Attorney, or their designee, to negotiate
for and to acquire the required property rights in the Property Interests for the City, and to acquirethese rights in compliance with State and any other applicable law. The City Attorney, or their
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 she deems necessary for the acquisition process, to retainqualified 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 their designee, is appointed as negotiator for the
acquisition of the needed Property Interests and, as such, the City Manager, or their designee, isauthorized 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 their designee, is specifically authorized to establish and make offer(s) of
just compensation for the acquisition of the Property Interests to the respective landowner(s) inaccordance with State and any other applicable law. If an agreement as to damages or
compensation cannot be reached, then the City Attorney, or their designee, is authorized and
directed to file or cause to be filed, against the subject landowner(s) 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 City
Manager and City Attorney, or their designees, are authorized to perform all steps necessary toobtain the Property Interests necessary for the Project, whether through negotiation or
condemnation, including the expenditure of funds.
SECTION 6. It is the intent of the City Council that this Ordinance authorize the
acquisition and condemnation of all property interests required for the construction and installation
of the Project for public uses to serve the public and citizens of the City. 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 their designee is authorized to have such errors
Page 2
DocuStgn Envelope ID: D433F6AF-FF55449E-BCIC-287371C4B453
corrected or revisions made without the necessity of obtaining a new City Council Ordinance
authorizing condemnation of the corrected or revised property. The Project is generally located
along Loop 288 and US 77 between Interstate Highway 35E to Nicosia Street, situated in the
Thomas Toby Survey Abstract No. 1288, Nathan Wade Survey Abstract No. 1407, BBB&C RRCo Survey, Abstract No, 141, all in the City and County of Denton, Texas.
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 forthat amount.
SECTION 8. Following an award by 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 respective Property Interest(s)
without further action of the City Council.
SECTION 9. If any section, article, paragraph, sentence, phrase, clause, or word in thisordinance, 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 ofthe 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 fullforce and effect.
SECTION 10. This Ordinance shall become effective immediately upon its passage.
The motion to approve this ordinance was made by A\iSDn P\aqoir e. and seconded
by BrAraon ChASe FAc.Gee , the a) roved by the
following vote U_ - a :
Aye
Z
\/
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck. District 2 :k
Jesse Davis, District 3 :P
1/
r
L/
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
Page 3
DocuSign Envelope ID: D433F6AF-FF55-449E-BCIC-287371C4B453
PASSED AND APPROVED this the day of JL)nb _, 2022.
ATTEST:
ROSA RIOS, CITY SECRETARY At111111111
=a a
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY:laB,ill N AH
Page 4
EXHIBIT A
Parcel #
11-WL
11-TCE
ProDertv Owner SOS Officer
BCOM Land, LLC
BCOM Land, LLC
Kimberly H. MeyerKenneth D. M
Kimberly H. MeyerKenneth D. Marb
EXHIBIT "A"
LEGAL DESCRIPTIONPERMANENT WATER LINE EASEMENT
BEING a 0.1295 acre (5,640 square foot) tract of land (TRACT 1) and a 0.1533 acre (6,77 square foot) tract of land(TRACT 2) situated in the Nathan Wade Survey, Abstract No. 1407, City of Denton, Denton County Texas; said tractsbeing part of those tracts of land described as Tract I and Tract II in Executor Deed recorded in Instrument No.
2020-87618 of the Official Public Records of Denton County, Texas; said tract being more particularly described asfollows
TRACT 1
COMMENCING at an alumInum disk stamped "TxDOT' found at the east end of a right-of-way corner clip at the
intersection of the west right-of-way line of Bonnie Brae Street (a 60-foot wide right-of-way) and the north right-of-way
line of US Highway No. 77 (a variable width right-of-way);
THENCE South 76'16'13" West, along the north line of said corner clip, a distance of 14.64 feet to the POINTOF BEGINNING;
THENCE South 76'16'13'' West, continuing along the said north line of the corner dip, a distance of 35.36 feet to an
aluminum disk stamped ''TxDOT" found for corner at the west end of said corner clip;
THENCE North 58'44'15" West, along the said north line of US Highway No. 77, a distance of 222.21 feet to a pointfor cornec
THENCE North 67'20'51 " East, departing the said north line of US Highway No. 77. a distance of 30.94 feet to a pointfor corner;
THENCE South 58'44’16" East, a distance of 229.00 feet to the POINT OF BEGINNING and containing 5,640 squarefeet or 0.1295 acres of land, more or less.
PERMANENT
WATER LINE EASEMENT
NATHAN WADE SURVEY,ABSTRACT NO. 1407
CITY OF DENTON,
DENTON COUNTY, TEXAS
a jzindLLe 'mN/A 1 CDP I MCB 1 3/7a021 1 061024040 1 IOF4
EXHIBIT "A"
TRACT 2
COMMENCING at an aluminum disk stamped ''TxDOT" found at the north end of a right-of-way corner clip at theintersection of the east line of said Bonnie Brae Street and the north line of said US Highway No. 77;
THENCE South 13'43'47" East, along the east line of said corner clip, a distance of 14.65 feet to the POINTOF BEGINNING;
THENCE South 58'’44'16" East, departing the said east line of the corner clip, a distance of 147.10 feet to a point forcorner
THENCE South 72'’18'03" East, a distance of 103.96 feet to a point for corner in the east line of said Tract II;
THENCE South OO'’21'38'' East, along the said east line of Tract II, a distance of 40.35 feet to a point for corner in thesaid north line of US Highway No. 77;
THENCE along the said north line of US Highway No. 77 the following four (4) calls:
North 58'’44'15'' West, a distance of 74.83 feet to an aluminum disk stamped "TxDOT" found for corner;
South 31 '15'45" West, a distance of 1 5.00 feet to a point for corner;
North 58'’44'15" West, a distance of 169.40 feet to a point for corner:
North 13'’43'47" West, a distance of 35.35 feet to the POINT OF BEGINNING and containing 6,677 square feet or0.1533 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A
survey plat of even survey date herewith accompanies this metes & bounds description.
The undersigned, Registered Professional Land Surveyor, hereby cerbfies that the foregoing description accuratelysets out the metes and bounds of the easement tracts.
PERMANENT
WATER LINE EASEMENT
3/ 7 JaI NATHAN WADE SURVEY,ABSTRACT NO 1407
BREGISTERED PROFESSIONALLAND SURVEYOR NO. 6558801 CHERRY STREET.UNIT 11 SUITE 1300FORT WORTH, TEXAS 761 02PH. 817-335-651 1
michael.billingsley@kimley-horn.col
CITY OF DENTON,TEXASLMICHAEL CLEO BILLtNGSLEY DENTON COUNTY
=Mb
COP
J
MCB BHa3/7n02 1
Mr dIE
061024040 F'iI_: IIEu2 OF 4
TRACT 1
BILLY H. KELLUM. BARBARA RREESE, MICHAEL WAYNE KELLUMAND MARCIA LYN KELLUM
(INST. NO. 2020-87618)
GRAPHIC SCALE IN FEET
TRACT 1PERMANENTWATER LINE EASEMENT
Z
0.1295 ACRES
5,640 SQ. FT./
/P.O.C.
ADF(C.M.)
72ADF
(C.M.)P.0.B.
LEGEND
P.0.B. = POINT OF BEGINNINGP.0.C. = POINT OF COMMENCINGIRF = IRON ROD FOUNDADF = ALUMINUM DISK STAMPED 'TXDOT" FOUND
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). Ametes & bounds of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the plat of survey accurately sets outthe metes & bounds of the easement tracts.PERMANENTWATER LINE EASEMENTNATHAN WADE SURVEY,ABSTRACT NO. 1407CITY OF DENTON
[/EF:£sJSE5Efoq:CE)? SEgAL aFLHrah'aNHi£gY\ DENT9N COUNW' TEXAS
801 CHERRY STREET, \"(":"'gi8i
E1E: :T1 h : E:iI TJ£r\ S 7 6 1 0 2 \::i> g E n ! ! ! )$Fi
;TJ hTJLI ii::6:: : ; (@ k i m 1 e y n h O r n g C 0 m S U R N iIIF tR •THe#
PADtLLA CAELAN 3/7D022 3:50 PM K\nW_SURVEY\061024040-DENTON NWBPS ALiGNMEMr\DWG\061024040DEMroN NWBPS ALIGNMENT_BPS_WL EASEMENT.DWG
I
3 OF 4
EXHIBIT "B"
TRACT IIBILLY H. KELLUM, BARBARA R.REESE, MICHAEL WAYNE KELLUMAND MARCIA LYN KELLUM
(INST. NO. 2020-87618)
P.0.C.
Lst
ADF(C.M.)P.0.B.0r-a
DO0ZZ
==n•Hl•rn
DOBrFI
C/)-1;aFrIm-1
TRACT 2PERMANENT
WATER LINE EASEMENT0.1533 ACRES
6,677 SQ. FT.
I
B
L1 IL aTI.)
LINE TABLE
L4 N67'20'51"E 30.94'
229.OO'
S13'43'47"E 14.65'[Mr8 I03.86'
[L=SOO'21'38"E 40.35'
HO I N58•44'15'W
L1 1 S31'15'45'W 15.OO'
L12 N58'44'15'W 169.40'I L 1 3 1 35.35'
PERMANENT
WATER LINE EASEMENT
NATHAN WADE SURVEY,ABSTRACT NO. 1407
CITY OF DENTON,
DENTON COUNTY, TEXAS
FMMT®£za_d-mar 11-=40 1 CDP I MCB 1 3an021 1 061024040 1 40F4
EXHIBIT "A"
LEGAL DESCRIPTIONTEMPORARY CONSTRUCTION EASEMENT
BEING a 0.1053 acre (4,588 square foot) tract of land (TRACT 1) and a 0.1162 acre (5,060 square foot) tract of land(TRACT 2) situated in the Nathan Wade Survey. Abstract No. 1407, City of Denton, Denton County Texas; said tractsbeing part of those tracts of land described as Tract I and Tract II in Executor Deed recorded in Instrument No.2020.87618 of the Official Public Records of Denton County, Texas; said tract being more particularly descrIbed asfollows
TRACT 1
COMMENCING at an aluminum disk stamped 'TxDOT" found at the west end of a right-of-way corner clip at the
intersection of the west right-of-way line of Bonnie Brae Street (a 60-foot wide right-of-way) and the north rightof-way
line of US Highway No. 77 ( a variable width rightof-way);
THENCE North 76'16'13'’ East, along the north line of said corner clip, a distance of 35.36 feet to the POINTOF BEGINNING;
THENCE North 58'44'16" West, departing the said north line of the corner dip, a distance of 229.00 feet to a point forcorner
THENCE North 67'20'51 " East, a distance of 24.75 feet to a point for corner;
THENCE South 58'44'16'’ East, a distance of 224.77 feet to a point for corner in the said west line of Bonnie Brae
Street
THENCE South 31'16'13'’ West, along the said west line of Bonnie Brae Street, a distance of 9.65 feet to an
aluminum disk stamped '’TxDOT" found for corner at the east end of said corner cHp;
THENCE South 76'16'13" West, along the said north line of the corner clip, a distance of 14.64 feet to the POINT OF
BEGINNING and containing 4,588 square feet or 0.1053 acres of land. more or less.
TEMPORARYCONSTRUCTION EASEMENT
NATHAN WADE SURVEY,ABSTRACT NO. 1407
CITY OF DENTON,
DENTON COUNTY, TEXAS
Ba-nr 1 MN/A 1 CDP I MCB 1 3/7n021 1 061024040 1 IOF4
EXHIBIT "A"
TRACT 2
COMMENCING at an aluminum disk stamped “TxDOT" found in the north right-of-way line of US Highway No. 77 (a
variable width right-of-way)
THENCE South 58'44'15" East, along the said north line of US Highway No. 77, a distance of 74.83 feet to apoint i said point being in the west rightof-way line of Old Bonnie Brae Street (a variable width right-of-way);
THENCE North 00'21'3CY' West, along the said west line of Old Bonnie Brae Street, a distance of 40.35 feetto the POINT OF BEGINNING;
THENCE North 72'18'03" West. departing the said west line of Old Bonnie Brae Street, a distance of 1 03.86 feet to a
point for corner;
THENCE North 58'44'16'' West, a distance of 147.10 feet to a point for corner in the east line of a right-of-way corner
clip
THENCE North 13'43'47" West, along the east line of said corner clip, a distance of 14.65 feet to an aluminum disk
stamped "TxDOT" found at the north end of said corner clip; said point being in the east right-of-way line of Bonnie
Brae Street (a 60-foot wide right-of-way);
THENCE North 31'16'13" East, along the said east line of Bonnie Brae Street, a distance of 9.64 feet to a point forcorner
THENCE South 58'44’16'' East, a distance of 1 55.08 feet to a point for corner;
THENCE South 72'18'03" East, a distance of 94.96 feet to a point for corner in the east line of said Tract IIi
THENCE South 00'21'38'' East, a distance of 21.04 feet to the POINT OF BEGINNING and containing 5,060 squarefeet or 0.1162 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1 983(201 1 adjustment), North Central Zone (4202). A
survey plat of even survey date herewith accompanies this metes & bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accuratelysets out the metes and bounds of the easement tract.
TEMPORARYCONSTRUCTION EASEMENT
.Iv)2,
MICHAEL C. BILLINGSLEYREGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6558
801 CHERRY STREET,UNIT 1 1 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
michael.billingsley@kimley-horn.co
LMICHAEL CLEO BILUNGSLEY
EXHIBIT "B"
TRACT 1BILLY H. KELLUM, BARBARA RREESE, MICHAEL WAYNE KELLUMAND MARCIA LYN KELLUM
(INST.NO. 2020-87618)GRAPHIC SCALE IN FEET
TRACT 1
*\\
TEMPORARYCONSTRUCTION
EASEMENT0.1053 ACRES
4,588 SQ. FT
ADF(C.M.)
P.0.C.
ADF
(C.M.)
LEGEND
P.0.B. = POINT OF BEGINNINGP.0.C. = POINT OF COMMENCINGIRF = IRON ROD FOUNDADF = ALUMINUM DISK STAMPED 'TxDOT" FOUND
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). Ametes & bounds of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certiftes that the plat of survey accurately sets outthe metes & bounds of the easement tract.TEMPORARY
CONSTRUCTION EASEMENT
NATHAN WADE SURVEY,ABSTRACT NO. 1407CITY OF DENTON
F/FF:£sIEE59foqfFEEISAL aELRra8arCR8g[EY\ DENT9N COUNW , TEXAS
801 CHERRY STREET. \"t' T"'gI'II
F1: [T1L1:) A hTiI FEB:rIL S 7 6 1 0 2 \$;1ke ! ! } }$$3:
;Ti hTJ=b: :i:il t: ; (a k i Im 1 e y e h O r n r C 0 m h\ R N iIpp I :E:TH
ICHAEC
Ms
3 OF 4
EXHIBIT "B"
#)j:/
GRAPHIC SCALE IN FEET
TRACT II
BILLY H. KgLLUM, BARBARA R.
REESE. MICHAEL WAYNE KELLUMAND MARCIA LYN KELLUM
(INST. NO. 2020-87618)
h.t\ADF
(C.M.)I
I
I
TRACT 2TEMPORARYCONSTRUCTIONEASEMENT0.1162 ACRES
5,060 SQ. FT.
\
'\.ADF
P.0.C.
LINE TABLE1~:'LENGTHBEARING
N76'16'13"E 35.36'
N58'44'16''W 229.00‘L2
N67'20'51 "EL3
S58'44'16"EL4
1 1 : a 6 4 1 1
40.35'NOO'21'38'WL7
N72'18'03'W I03.86'L8
L 9 1 N 5 8 e 4 4 1 1 6 1 1 w 1 1 4 7 + 1 o t I
N13'43'47'WLIO
N31'16'13"E 9.64L11
S58'44’16"E 155.08'
S72'18'03''E
1 s o o o 2 1 t 3 8 1 1 E 1 2 1 p o 4 1 1
rJ
P.0.B.
TEMPORARY
CONSTRUCTION EASEMENT
NATHAN WADE SURVEY,ABSTRACT NO. 1407
CITY OF DENTON,
DENTON COUNTY, TEXAS
c Ie &T1''=4a I CDP I MCB 1 3an021 1 061024040 1 40F4