23-1956DocuSign Envelope ID: 3877AE71.CBBB-40E0-AOEl-76901FD84F85
ORDINANCE NO. 23-1956
AN ORDINANCE OF THE CITY OF DENTON DETERMINING THE PUBLIC USE,
NEED AND NECCESSITY FOR THE ACQUISITION OF APPROXINIATLEY 5.069
ACRES OF LAND LOCATED ALONG TEASLEY LANE, IN THE JOHN S. DICKSON
SURVEY, ABSTRACT NO. 342, CITY AND COUNTY OF DENTON, TEXAS, FOR THE
PURPOSE OF A FUTURE HICKORY CREEK LIFT STATION EXPANSION
FACILITY; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
CONSUMMATE AND ACCEPT THE PURCHASE, GRANT AND CONVEYANCE TO
THE CITY OF DENTON FROM FAITH UNITED METHODIST CHURCH, CORINTH,
TEXAS; AUHTORIZING THE EXPENDITURE OF FUNDS NOT TO EXCEED EIGHT
HUNDRED EIGHTY-TWO THOUSAND, SD( HUNDRED AND 00/100 DOLLARS
($882,600.00); AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City has identified approximately 5.069 acres of land located along
Teasley road, in the John S. Dickson survey, Abstract No. 342, city and county of Denton, Texas
(“Property”), more particularly described in Exhibit A, owned by Faith United Methodist
Church, Corinth, Texas (“Owner“) that will allow for a future Hickory Creek Lift Station to serve
the additional needs in response to increased growth and to maintain customer service to this
portion of the City; and
WHEREAS, the City of Denton (“City”) after consideration of this matter, has
determined that a public use and necessity exists for, and that the public welfare and convenience
requires, the Fee Simple acquisition of the Property subject to the exceptions, reservations,
covenants, conditions and/or interests, if any, provided in the form instrument more
particularly described in Exhibit "B" attached hereto and made a part hereof for all purposes
(“Property Interests”); and
WHEREAS, City Council finds that the acquisition of the Property is a valid public use
necessary to provide for the expansion of the Hickory Creek Lift Station needed to accommodate
increased capacity resulting from future growth and planned development in the City (the
“Project”), and to serve the public and the citizens of the City; and
WHEREAS, the City has obtained an appraisal by a qualified appraiser who is not an
employee of the City in accordance with Section 252.05 1 of the Texas Local Government Code
and conducted its due diligence to determine the environmental condition of the property and
desires to accept fee simple title to the property for future public uses; and
WHEREAS, the City has agreed with the Owner of the Property, 6060 Teasley Lane,
Denton, Tx 76210, to pay a purchase amount of $867,600.00, closing cost and title expenses of
$15,000.00 acquiring real property and authorizing its purchase together shall not exceed the
authorized amount for public use; and NOW, THEREFORE
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DocuSig n Envelope ID: 3877AE71-CBBB-40E0-AOEI.76901FD84F85
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. The fmdings set forth in the preamble of this Ordinance are incorporated by
reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. That public necessity requires that City acquire the Property Interest in the
Property for the Project.
SECTION 3. That the City Manager, or designee, is hereby authorized and directed to
consummate and accept the purchase, grant and conveyance to the City of the Property Interest in
and to the Property pursuant to the conveyancing instrument substantially in the form described in
Exhibit “B”, attached hereto and made a part hereof for all purposes, and approved as to form by
the City Attorney and to execute, deliver and receive such other usual and customary documents
necessary, appropriate and convenient to consummating this transaction.
SECTION 4. The Owner has been provided with a copy of the Landowner’s Bill of Rights,
and Appraisal as contemplated by applicable state statute.
SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and
approval.
[Signatures to appear on the following page.]
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DocuSign Envelope ID: 3877AE71-CBBB-40E0-AOEl-76901FD84F85
The motion to ap
by ~.I'.J+
following vote
3rove
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his ordinance was made by 3f '._. J+F\ h,,, P Hc 6% and seconded
the ordinance was passed and approved by the
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
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PASSED AND APPROVED thi,th, 17l" d,y ,f C)c4ob'/, 2023.
GERARD HUDSPETH, MAYOR
ATTEST :
JESUS SALAZAR, CITY SECRETARY
AItII ItIIIf
BY:
APPROVED AS TO LEGAL FORM:
MACHom%+ND, CITY ATTORNEY
BY, L g"+'”- S' n+t“
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DocuSign Envelope ID: 3877AE71-CBBB-40E0-AOEl-76901FD84F85
XHIBIT A
(5.069 acre tract)
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DocuSign Envelope ID: 3877AE71-CBBB-40E0-AOEl-76901FD84F85
EXHIBIT B
(Special Warranty Deed)
DocuSign Envelope ID: 3877AE71-CBBB-40E0-AOEl-76901 FD84F85
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS §
COUNTY OF DENTON §KNOW ALL MEN BY THESE PRESENTS
That FAITH UNITED METHODIST CHURCH, CORINTH, TX (herein called
“Grantor”), whose address is 6060 Teasley Ln Denton, TX 76210, for and in consideration of the
sum of EIGHT HUNDRED SIXTY-SEVEN THOUSAND, SIX HUNDRED AND NO/100
DOLLARS ($867,600.00), and other good and valuable consideration to Grantor in hand paid by
the City of Denton, a Texas Home Rule Municipal Corporation (herein called “Grantee”), 215 E.
McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged
and confessed, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT,
SELL, and CONVEY, unto Grantee all the real property in Denton County, Texas being
particularly described on Exhibit “A,” attached hereto and made a part hereof for all purposes, and
being located in Denton County, Texas, together with any and all rights or interests of Grantor in
and to adjacent streets, alleys, and rights of way and together with all and singular the
improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the
“Property”).
Grantor, subject to the limitation of such reservation made herein, reserves, for itself, its
heirs, devisees, successors, and assigns all oil, gas, and other minerals in, on, and under and that
may be produced from the Property. Grantor, its heirs, devisees, successors, and assigns shall not
have the right to use or access the surface of the Property, in any way, manner, or form, in
connection with or related to the reserved oil, gas, and other minerals and/or related to exploration
and/or production of the oil, gas, and other minerals reserved herein, including without limitation,
use or access of the surface of the Property for the location of any well or drill sites, well bores,
DocuSign Envelope ID: 3877AE71.CBBB-40E0-AOEl-76901FD84F85
whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or
tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or improvement
of any kind or type in connection with or related to the reserved oil, gas, and other minerals, and/or
related to the exploration or production of same.
As used herein, the term “other minerals” shall include oil, gas, and all associated
hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining, or other
exploration and/or production method, operation, process, or procedure would consume, deplete,
or destroy the surface of the Property; and (ii) all substances which are at or near the surface of the
Property. The intent of the parties hereto is that the meaning of the term “other minerals” as
utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S. W.2d 743 (Tex.
1980).
As used herein, the term “surface of the Property“ shall include the area from the surface
of the earth to a depth of five hundred feet (500’) below the surface of the earth and all areas above
the surface of the earth.
Grantor hereby assigns to Grantee, without recourse or representation, any and all claims
and causes of action that Grantor may have for or related to any defects in, or injury to, the
Property.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee and Grantee’s successors and assigns
forever; and Grantor does hereby bind Grantor and Grantor’s successors and assigns to
WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee’s
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof when the claim is by, through, or under Grantor but not otherwise.
EXECUTED the ' t- day of Oc+aber _, 2023.
GRANTO
BY
DocuSign Envelope ID: 3877AE71-CBBB-40E0-AOEl-76901 FD84F85
ACKNOWLEDGMENT
THE STATE OFleyZ15 §
COUNTYOF e) A\On §
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This instrument was acknowlel 2023 by
Upon Filing Return To :
City of Denton
Real Estate Division
401 N. Elm Street
Denton, TX 76201
Ann: DeAnna Cody
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
DocuSign Envelope ID: 3877AE71-CBBB-40E0-AOEl-76901FD84F85
EXHIBIT “ A”
to
Ordinance
Legal Description
Being an approximately 5.069-acre tract of land in the John S. Dickson Survey, Abstract No. 342, and
the Jasper C. Baker Survey, Abstract No. 47 City and County of Denton, Texas as described in
Document No. 2007-23756 in the Denton County Deed Records, generally depicted below and to be further
described by a metes and bounds survey.
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