23-2417ORDINANCE NO. 23-2417
AN ORDINANCE OF THE CITY OF DENTON DETERMINING THE PUBLIC USE, NEED,
AND NECESSITY FOR THE ACQUISITION OF PERMANENT WATER EASEMENTS,
GENERALLY LOCATED ALONG rNTERSTATE 35 EAST FRONTAGE ROAD SITUATED
IN THE ALEXANDER HILL SURVEY, ABSTRACT NO. 623 1N THE CITY AND COUNTY
OF DENTON. TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE ATTACHED
EXHIBIT “A” (COLLECTIVELY, THE “PROPERTY INTERESTS”) FOR THE TXDOT 135
FORT WORTH DRIVE PROJECT; AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO ACQUIRE THE PROPERTY INTERESTS BY AGREEMENT IF POSSIBLE,
INCLUDING MAKING ALL OFFERS REQUIRED BY LAW; AUTHORIZING THE USE OF
THE POWER OF EMINENT DOMAIN TO CONDEMN THE PROPERTY INTERESTS IF
AGREEMENT CANNOT BE REACHED; AUTHORIZING THE CITY ATTORNEY TO FILE
EMINENT DOMAIN PROCEEDINGS IF NECESSARY; AUTHORIZING THE
EXPENDITURE OF FUNDING; MAKING FINDINGS; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Department of Transportation (“TXDOT”) right-of-way expansion
and improvement project along the 1-35 East frontage road near Fort Worth Drive requires the
relocation of existing City water infrastructure from their current locations into new easements;
and
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 various
permanent water easements by the City of Denton (“City”). The City Council finds that the
acquisition of the Property Interests is a valid public use necessary to provide for the relocation of
water utilities adjacent to the Interstate Highway 35 East frontage road located in the City of
Denton, all for the public safety and welfare (collectively, 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 Interests 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
reached with the subject landowners for the purchase of the Property Interests; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON ORDArNS:
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 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 their designee, is appointed as negotiator for the
acquisition of the needed Property Interests and, as such, the City Manager, or their 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 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) 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 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 designee, are authorized to perform all steps necessary to
obtain 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
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 Interstate Highway 35 East and near Fort Worth Drive, 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 for
that 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 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.
[Signatures to appear on the following page .]
The motion to approvel thii:::Bi: BiT{s ordinance was made t 'y BrIAN Be.c h and seconded
the ordinance was passed and approved by the9P
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer. District 3 :
Joe Holand, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
J
J
-A
,/
\/
,/
PASSED AND APPROVED this th, 23' a day of 2024
ATTEST:
JESUS SALAZAR, CITY SECRETARY
GERARD HUDSPETH, MAYOR
\\\It IIII///DE&
\\
C)
db
+eP
}\
\\
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: U-””"“-- n===
EXHIBIT “A”
Pro'rtv Owner
v
Ejghteen SAC Self-StorEe Corporation
SOS Officer
a
Mark Shoen, President
EXHIBIT “A”
20’ EASEMENT
Part of Five SAC Self-Storage Corporation Tract
BEING a 0.122 aae tract of land situated in the Abxander Hill Survey, Abstract No. 623. City of Denton. Denton
County, Texas, and being a part of those aertain tract of land desuibed as Tract One and Tract Two per Deed to Five
SAC Self.Storage Corporation, as rewrded in Document No. 2017-152630 of the Official Records of Denton County,
Texas, and being more partiadady de$uibed as follows:
BEGINNING at a Mag Nail found in the North line of Interstate Highway 35E, a variable width rightofJway. said point
being in the East line of the above Tract Two. said point also being the Northeast oomer of a called 0.248 acre tracK
of land described as Parcel 48 in a Deed to the State of Texas. as rewrded in Document No. 202:b1585 of the
Official Records of Denton County, Texas, from which a Mag Nail found for the Southeast corner of said Parcel 48
bears South 08'32'59- West a distance of a.53 feet;
THENCE North 83'40'10- West along the North line of said Interstate Highway 35E and said Parcel 48, for a distance
of 24.35 feet to a Mag Nail found for an angle point;
THENCE North 79'50'09- West aontinuing along the North line of said Interstate Highway 35E and said Parcel 48,
for a distance of 244.53 feet to a TxDOT aluminum disk found for the Northwest aomer of said Parcel 48, same being
In the East line of the Union Pacific Railroad (formerly the Texas and Padfic Railway Company);
THENCE in a Northea$tedy direction, along the East line of said railroad. and along a non-tangent curve to the left
having a central angle of 00'18'34", a radius of 3861 .68 feet, a chord bearing of North 26'4:val" East, a chord
distance of 20.86 feet and an arc length of 20.86 feet to a point;
THENCE South 79'50'0g East departing the East line of said railroad, for a distance of 237.92 feet to an angle point;
THENCE South 83'40'lC)" East for a distance of 24,61 feet to a point in the East line of said Tract Two, from which an
-X' cut in concrete found for the Northeast corner of said Tract Two bears North 08'58'05" East a distanw af 73.11
feet
THENCE South 08'58'05" West along the East line of said Tract Two, hr a distance of 20.02 feet to the POINT OF
BEGINNING, and containing 0.122 acres of land, more or less.
NOTES:
1.Bearings are refererwd to Grid North of the Texas Coordinate System of 1983 {North Central Zone 4202. NAD83
(201 1) EPOCH 2010) as derived locally from RTK Network continuously operating reference statbns {CORS) via
real time kinematic {RTK) survey methcxis.
An Exhibit of even date herewith accompanies this legal description. See Exhibit -B-.2.
Fn;a'odd
NaII & Perkins. Inc
Interstate 35E, Suite 1129. Denton. Texas 76210
94G38341 77
Date: June 15. 2023
DEN23303 - 20' Easement - Fiw SAC SeF8torage CopomtM Page f of f
Un +
gigg
8
i
ac
i E ! ! jn ! :
2
E(9El
B
3) ##U/5
18 gj
V)
VA
\\
tI
By
gg ii :
iiIUI-
fl
,IiBIg;11
gIs
:}:l;l;lglg
gE IF
(3I &b)
bug
C)
<
-
a8
figaHe
gaEI iD=% SUB
lifE(\1 }
Sa
II
g
g
It!
III
gIg
L
b
<
i
{
}
g
g
{
}
}
g
g
b
iII
’qll6f''ha 'g: iI‘
g
EXHIBIT “A”
20’ EASEMENT
Part of Eighteen SAC Self-Storage Corporation Tract
BEING a 0.078 acre tract of land sItuated in the Alexander Hill Survey. Abstract No. 623. City of Denton, Denton
County, Texas. and being a part of that certain 2.m acre tract of land de$aibed in a Deed to Eighteen SAC Self-
Storage Corporation, as recorded in Volume 4990. Page 3569 of the Real Property Records of Denton County,
Texas. and bing known as a part of Lot 1. Black 1 per the Final Plat of Greenhouse Addition. as recorded in Cabinet
E, Page 310 of the Plat Records of Denton County, Texas, and being more particularly described as fcilaws:
BEGINNING at a Mag Nail found in the North line of Interstate Highway 35E, a variable width right-of-way. said point
being in the West line of the atx>ve 2.644 acre tract and said Lot 1, said point also being the Northwest earner of a
called 0.455 age tract of land described as Parcel 47 in a Deed to the State of Texas. as recorded in Document No.
2022.171756 of the Offidal Records of Denton County, Texas, from which a Mag Nail found for the Southwest corner
of said Parcel 47 bears South 08'32'59- West a distance of 44.53 feet;
THENCE North Q8'58'05- East departing the North line of said Interstate Highway 35E, and along the West line of
said 2.644 acre tract and said Lot 1, for a distance of 20.02 feet to a point, from which an -X- cut in conaete found for
an interior eH corner of said 2.644 acre trad and said Lx>t 1 bears North 08'58'05- East a distance of 73.11 feet;
THENCE South 83'4CYIO" East dqndng the West line of said 2.644 awe tract and said Lot 1, for a distance of
125.47 feet to an angle point;
THENCE South 81'24'3(Y' East for a distance of 43.39 feet to a point:
THENCE South 08'35'30" West for a distance of 20.00 feet to a point in the North line of said Interstate Highway 35E
and said Parcel 47, from which an -X- alt in concrete found at an angle point bears South 81'24'30- East a distance
of 107.01 feet;
THENCE North 81'24'3(Y' West along the North line of said Interstate Highway 35E and said Parcel 47, for a distance
of 43.00 feet to a -X- cut in concrete found for an angle point:
THENCE North 83'4(F10" West oontinuing along the North line of said Interstate Highway 35E and said Paroel 47, for
a distance of 126.00 feet to the POINT OF BEGINNING. and containing 0.078 acres of land, more or less.
NOTES:
1.Bearings are referenced to Grtd North of the Texas Coordinate System of 4983 (North Central Zone 4202, NAD83
(2011) EPOCH 2010) as derived locally &vm RTK Network continuously operating reference stations fCORSJ via
real time kinematic (RTK) survey methods.
An Exhibit of even date h8rewith aammpanies this legal description_ See Exhibit 'B-.2.
Todl
Teague NaII & Perkins, Inc.
32CX) S. Interstate 35E, Suite 1 129. Denton, Texas 76210
94G38b41 77Date: June 15. 2023
DEN23303 - 20' Easement - Eighteen SAC Self.Stwage C<xpcxatkin Page 1 of I
B
/J
iHm
gig!
9
a
g# i !!
rdA;nlli
-giim
G)imZT:lg-$BIU
g;‘fIl
.
gigi
gi
LIuIN
AT;
Tm. .
;11
iI
WWeToT•WI
b\‘
IBn
CD
A
rn>
cnrnIB
rnZq
fl; '
bCb'Xt
gig
9
8-1
A
q
i !+ Q)tTI
IDjb;D
/.BI
a =
iII ng
g)
DmiPLAT LNE