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Home My WebLink About2011-064sAlegal\our documents\ordinances\11\mazrouei - amending ordinance.doc ORDINANCE NO. 2011-064 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO. 2010-226 ("ORIGINAL ORDINANCE"), PERTAINING TO THE ACQUISITION THROUGH AGREEMENT OR EMINENT DOMAIN OF VARIABLE WIDTH SANITARY SEWER EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS, BY REPLACING CERTAIN LEGAL DESCRIPTIONS CONTAINED THEREIN, BEING LOCATED WITHIN LOTS 4 AND 5, BLOCK 7, COLLEGE VIEW ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 1, PAGE 13, PLAT RECORDS, DENTON COUNTY, TEXAS; PROVIDING THAT, EXCEPT FOR SUCH LEGAL DESCRIPTION AMENDMENTS MADE TO ATTACHMENT "1" OF THE ORIGINAL ORDINANCE, ALL PROVISIONS AND FINDINGS OF THE ORIGINAL ORDINANCE SHALL REMAIN VALID AND SUBSISTING AND IN FULL FORCE AND CONTINUOUS EFFECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton is currently carrying out sanitary sewer improvements known as the Pecan Creek Interceptor— Phase II Project; and WHEREAS, upon further study it has been determined that for the mutual benefit of the City of Denton and an affected property owner, namely Hamed Mazrouei, the precise location of the proposed sewer line be adjusted northward; WHEREAS, such design adjustment requires that the metes and bounds legal descriptions of both the permanent sanitary sewer easement tract and the temporary construction easement tract as set forth in the Original Ordinance be revised to accommodate and establish the new location of the permanent sanitary sewer easement and the related temporary construction easement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2: The Original Ordinance is hereby amended by deleting in its entirety those tracts of real property described in Sheets 16 of 36, 17 of 36, 18 of 36, 19 of 36, and 20 of 36, of Attachment 1 of the Original Ordinance, passed and approved by the City Council of the City of Denton on October 19, 2010, and are replaced by those certain tracts described and depicted in Supplemental Attachment "1", attached hereto and made a part hereof for all purposes. SECTION 3: Except as expressly amended by this Ordinance, all provisions and findings of Ordinance No. 2010-266 shall be unaltered and unchanged and shall remain valid and subsisting and in full force and effect from and after the effective date thereof. SECTION 4: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2011. MARK A�-BVRROUOIS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: �`--� Ordinance - Supplemental Attachment Sheet 16 of.36 rthur Survelyug'Co., Inc, .Pro essidZu z . c S rsre7ors P.O. Box S4 Lew svillo, Texas 75067, Office: (972) 221-9439 Fax: (972) 221-4675 SANITARY SEWER EASENEENT 0.207 ACRES CITY OF IDENTON, DENTON: COUNTY, TEXAS :BEING all that certain lot; tract or parcel of'land :situated, in the. Buffalo Bayou, Brazos and .. Colorado Railroad. Company Survey, Abstract Number .185, City of Denton, Denton: County, Texas;. and being a part of that .certain tract of land.: described in "deed to Harried Mazrouei, recorded.under Instrument Number 2068704588 of the Official Public Records of Denton County, Texas; and also being a part of Lot 4, Block 7,- College View Addition, an addition to the City of Denton; Denton County, Texas, according to the plat thereof recorded in Volume 1, Fage.13 of . the Plat. Records of Denton- County, _Texas, and being more.particularly-described as follows: BEGINNING at a % inch iron rod found at the most easterly northeast comer of said Mazrouei. tract : and the southeast corner of -that certain tract :of land described in deed to Margarita Turrubiartez, recorded under County. Clerk's file Number 97-R0058223 of the. Official Public Records of Denton County, -Texas, said:point being in the west line of North Bradshaw Street, a _.:public roadway; THENCE South 00 degrees 32 minutes 26 seconds. West; with the west line of said North :Bradshaw Street, a distance of 19.54 feet ,to a 100-D Nail found for the northeast corner of that Pertain tract of land described in deed to Jose Angel Jae La Rosa and wife, Rosa Maria De La Rosa, recorded under County Clerk's File Number 97-R0011423 of the Official Public Records of Denton County, Texas; - THENCE North 89 degrees 10 minutes 52 seconds West, with the north- line,of said De La Rosa tract, a distance of 16.14 feet to a point for corner, THENCE over, across and through said Mazrouei tract the following three.(3) calls: North 88 degrees 21 minutes 29 seconds West, a distance of 108.77 feet to a point for corner; North 63 degrees 53 minutes 41 seconds West, a distance of 154.86 feet to a point for corner; North 90 degrees 00 minutes 00 seconds West; a distance of 64.25 feet to.a point in the west. line of said .Nlazrouei tract from ;which a %a inch iron rod found bears South 00 degrees 03 minutes 11 seconds West, a distance of 21.75 feet; THENCE North 00 degrees 03 minutes 1:1 seconds .East; with the west line of said Mazrouei tract, a distance of 30.00 feet to a point for corner; 012008keofteeancreekinterpoptor31dwg1291169 esmtl-revised-3.doc lJ �1.1ui oua v'.,y111r; \-,tj.7 IMF . pd'o essl on.--d -Land Surveyoz s P.O. Box 54 — Lewisville; Texas 75067 Office: (972) 221-9439 Fax: (972) 22 1-4675. TENTORARY CONSTRUCTION EASEMENT 0A10 ACRES CITY OF DENI'ON; DENTON COUNTY, TEXAS BEING all that certain tot, tract .or parcel of land situated in the. Buffalo -Bayou, Brazos arid. Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton. County, Texas, and being a part of that certain tract of land described in deed to Hamed Mairouei, recorded under Instrument Number 2008-64588 of the Official Public Records of Denton County,; Texas. -.and also being a part of Lots 4 and 5, Block 7, CollegeViewAddition, an addition.to the_ 'City of Denton; Denton -County, Texas, .according tothe plat thereof recorded in Volume 1, Page 13 of the Plat Records of Denton County, Texas, and being more particularly .described as. follows: BEGINNING at a point for corner in the west line of that certain tract of land .described in deed . to Margarita Turrubiartez, recorded. under County Clerk's File Number 97-R0058223 of the Official Public Records of -Denton County,. Texas, from which a ."X" found at the southwest: corner thereof bears South 01 degree 29 minutes IS seconds West, a distance of.14.20 feet, said point being at an inner "ell" comer of said Mazrouei tract; THENCE over, across and through. paid Mazrouei tract the following two(2)calls: North 63 degrees 53 minutes 41 seconds West, a distance of 145..73-feet to a point for corner, North 90 degrees 00 minutes 00 seconds West, a distance of 71.17 feet to a. point in the; west line of said Mazrouei tract; THENCE North 00 degrees 03. minutes 11 seconds East, with the west line of said'Mazrouei tract, a distance of 30.00 feet to a point for corner; . THENCE over, across and through said Mazrouei tract the folIowing_two (2) calls: . South 90 degrees 00 minutes 00 seconds East, a distance of 79.10 feet to a point for corner; South 54 degrees 35 minutes.09 seconds East, a distance of 152:21 feet to a point in the west line of said .Turfdbiarteztract; THENCE South 01 degree 29 minutes 15 seconds West, with the west line of said Turrubiatrez tract, a distance of 5.91 feet to the POINT OF BEGINNING, and containing 0.1.10 acres of land, more or less: 020081cod1pecsn creek interceptor 31dwg1291169 esrnt1-revised-3 doc e E Temporary. Construction Estnt. �. 0.110 Acres. � . C S9000'00AE E 78.10' Hamed Mazrouei a1 Inst. No. 2008-64588. CL S90'00'00"E 71.17' 99 3r F.T . �... Margarita Turr-ubiar-tez . c. 7g S2 C.C. No. 97—R0058223N. 64.25' N 3� P.O.S. 1 ..W8'-1'-29" E• P.O.B S (o �.) � ..... . Sanitary Sewer Estat. �54.�6, x FND W r:7 FOUND -4 0.2Q- Acres 10D-D NXII . .".. Gregory` R. _ Coward 7R;'t, 2�"W.. ..1 Q8.7.Inst. No. 2010-60515 l De La Rosa & wife;NMaria De La. Rosa N ~- ,CC No. 97-R0011423 LOTFOUND 1 100 0 NA4 'U) Hainod ,Mazrouei ......... �... . ... u . •� :o Inst. -Po. 2008-64588 �.0 ::Hamed Mazrouei A . ` Inst. No. 2008-33533 5.....t......,.. .. ......... .. O I rthur Surveyin Co Ie Buffalo Bayou,, Brazos & Colorado • Railroad .: g '� ' Company. Survey, Abst. No... 185 Professi)naX , 2d .Surveyors City of Benton; 97a ?1-9439 - Fax 572-221-4675 Denton County. Texas 220 Mm street; SLdte 200 .- P. 0-sox 54 ; — 2011— Lewisville, Texas 75067 LJNE TABLE " LINE BEARING. LENGTH_ L1 S60:32'26"W 19.54' L2 N89'10'52"W 16.14., L3 N00'03'WE 30:00' L4 S01 29' 5"W 14. 0' L5 S01'1`91151'W b 91' ` 46 00'03'11 "E '30.00' L7 S00'0311 "W . 21:75': ' DKYYO�OVQ.W O�ml UITW.PTOY 81ti0�tf11N1ani1-wNa'N-0+�.0' 4M 1 10'1 O M R1