23-2147 INCOMPLETEORDINANCE NO. 23-2 147
AN ORDINANCE OF THE CITY OF DENTON DETERMINING THE PUBLIC USE,
NEED AND NECESSITY FOR THE ACQUISITION OF APPROXIMATELY 3.158
ACRES OF LAND LOCATED ALONG TEASLEY LANE, IN THE J. FISHER SURVEY,
ABSTRACT NO. 421, CITY AND COUNTY OF DENTON, TEXAS FOR THE PURPOSE
OF A FUTURE FIRE STATION 6 FACILITY; AUTHORIZING THE CITY MANAGER,
OR DESIGNEE, TO CONSUMMATE AND ACCEPT THE PURCHASE, GRANT AND
CONVEYANCE TO THE CITY OF DENTON FROM DENTON WEST JOINT
VENTURE, SELLER; AUTHORIZING THE EXPENDITURE OF FUNDS NOT TO
EXCEED TWO MILLION, ONE HUNDRED THOUSAND AND 00/100 DOLLARS
(82,100,000.00); AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City has identified approximately 3.158 acres of land located along
Teasley Lane, in the J. Fisher Survey, Abstract No. 421, City and County of Denton, Texas
(“Property’'), also known as Block A, Lot 1, Denton West Joint Venture addition, and being
more particularly described in Exhibit A, owned by Denton West Joint Venture (''Owner”)
that will allow for a future Fire Station 6 facility to expand the response area to a greater
population between the southern portion of Teasley Lane and the City limits within the 4 minutes
or less recommended response time; 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 construction and operation of a new Fire Station 6 needed to expand the
response area to a larger demographic between the southern portion ofTeasley Lane and the City
limits within the recommended response time (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 252.051 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 at 3900 Teasley Lane,
Denton, Tx 76210, to pay a purchase amount of $2,000,000.00, closing cost and title expenses of
up to $100,000.00 acquiring real property and authorizing its purchase together shall not exceed
the authorized amount for public use; and NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings 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 .]
:: ceo :ElTyt o a P P r :/\ c: : 1:s o ; jn: S c e vv a s 1rIr1 a d e by
by the following vote II - D
Bct A„ R.c)-and
the ordinance was passed and approved
Aye
J
J
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District ! :
Brian Beck, District 2:
Paul Meltzer. 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 this the St- day of of „H.b</. 2023
GERARD HUDSPETH, MAYOR
ATTEST:
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JESSE SAL,
BY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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EXHIBIT A
(Approximately 3.158 acres of land located along Teasley Lane, in the J. Fisher
Survey, Abstract No. 421, City and County of Denton, Texas, also known as Block
A, Lot 1, Denton West Joint Venture addition)
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EXHIBIT B
(Warranty Deed)
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.
GENERAL WARRANTY DEED
STATE OF TEXAS §
COUNTY OF DENTON §KNOW ALL MEN BY THESE PRESENTS
That Denton West Joint Venture, (“Grantor”), whose address is PO BOX 527, AUBREY,
TX 76227-0527 for and in consideration of the sum of TWO MILLION AND NO/100 DOLLARS
($2,000,000.00), and other good and valuable consideration to Grantor in hand paid by the City
of Denton, a Texas Home Rule Municipal Corporation (hereinafter 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 themselves,
their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and
that may be produced from the Property. Grantor, their 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, 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.
As used herein, the term “surface of the Property” shall include the area from the surface
1980)
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
heirs, executors, administrators or successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof.
EXECUTED the day of , 2023.
Grantor: DENTON WEST JOINT VENTURE
By:
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF
§
§
This instrument was acknowledged before me on
(Name) .
2023 by
Notary Public, State of
My commission expires:
Upon Filing Return To:
City of Denton
Real Estate Division
401 N. Elm St
Denton. TX 76201
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
EXHIBIT “A“
Lot 1 , in Block A, of DENTON WEST JOINT VENTURE ADDITION, an Addition to the City of
Denton, Denton County, Texas, according to the Plat there of recorded in County Clerk's
Document No. 2020-8, Plat Records of Denton County, Texas
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