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Home My WebLink About2007-197' s:Aour documents\ordinancesV07Ac]car creek ss - condemnation ordinance - noe easement.doc ORDINANCE NO. AN ORDINANCE DECLARING THAT A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 1.267 ACRE SANITARY SEWER AND REUSE WATER EASEMENT LOCATED IN THE JOHN CHEEK SURVEY, ABSTRACT NO. 227 AND BEING WITHIN A PARCEL OF LAND CONVEYED TO JEFFREY W. NOE AND WIFE, JEANIE T. NOE BY DEED RECORDED IN VOLUME 2879, PAGE 544 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO ACQUIRE THE EASEMENT THROUGH AGREEMENT OR EMINENT DOMAIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and the use and benefit to accrue to the City of Denton, Texas. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The public necessity exists, public welfare and convenience require, and the City of Denton does hereby exercise its home -rule and statutory authority to acquire by agreement or eminent domain, a sanitary sewer and reuse water easement in the name of the City of Denton, Texas for the construction, reconstruction, installation and maintenance of sanitary sewer and reuse water lines, related facilities and appurtenances in, over, on across and under that certain parcel or tract of land containing approximately 1.267 acres as more particularly described and illustrated in Exhibit "A" attached hereto and made a part hereof by reference (the "Easement" or "Easement Property'). SECTION 2. The City Attorney or his designee shall have the authority to do all things necessary and appropriate to acquire the Easement through agreement or eminent domain. The City Council delegates to the City Attorney, or his designee the details of accomplishing this objective including but not limited to obtaining final surveys, title insurance, engineering matters, title search, appraisals, offers, proper documentation, and filing and prosecuting eminent domain proceedings. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the -_/ 04 day of 2007. "MAYOR PE R. McNEILL ATTEST: JENNIFER WALTERS, CITY SECRETARY C Page 2 EXHIBIT "A" CITY OF DENTON CLEAR CREEK INTERCEPTOR PROJECT PARCEL No. 4 PERMANENT SANITARY SEWER EASEMENT JOHN CHEEK SURVEY, ABSTRACT No. 227 CITY OF DENTON DENTON COUNTY, TEXAS Being a 55.0' permanent sanitary sewer easement out of the John Cheek Survey, Abstract No. 227, Denton County, Texas and being a portion of a 92.701 acre tract of land (by deed) deeded to Jeffrey W. Noe and wife, Jeanie T. Noe as recorded in Volume 2879, Page 544 of the Deed Records of Denton County, Texas,. said 55.0' wide permanent sanitary sewer line being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for a corner in the east line of said 92.701 acre tract of land, said 1/2 inch iron rod being the southeast comer of a 140 acre tract of land (by dead) deeded to Chain 7 Ranch, L.P. as recorded in County Clerk File No. 97-R0025593 of the Deed Records of Denton County, Texas, said 1/2 inch iron rod also being the most northerly northeast comer of a 283.734 acre tract of land (by deed) deeded to Donald J. Carter and recorded in Volume 4807, Page 1320 of the Deed Records of Denton County, Texas, from which a 2 inch steel fence post found for the southwest comer of said 92.701 acre tract of land bears South 00 degrees 39 minutes 12 seconds East, a distance of 1110.56 feet, said 2 inch steel fence also being an interior ell comer in the north line of said 283.734 acre tract of land; THENCE North 00 degrees 53 minutes 41 seconds East, with the west line of said 92.701 acre tract of land and with the east line of said 140 acre tract of land, a distance of 1047.13 feet the POINT OF BEGINNING of said permanent sanitary sewer easement, having grid coordinates of N=7,151,386.430 and E=2,395,058.248; THENCE North 00 degrees 53 minutes 41 seconds East, with the west line of said 92.701 acre tract of land and with the east line of said 140 acre tract of land, a distance of 55.25 feet to a point for corner; THENCE North 85 degrees 28 minutes 59 seconds East, a distance of 760.39 feet to a point for comer; (Exhibit "A") Page 1 of 3 GORRONDONA& ASSOCIATES. INC. 6707 BRENTVOOD STAIR RD SURE 50 FOR IWORTH. TEXAS 76112 817-496-1424 FAX 81749&1768 THENCE North 77 degrees 18 minutes 03 seconds East, a distance of 226.79 feet to a point for comer in the northeasterly line of said 92.701 acre tract of land, said point also being in the southwesterly line of a 292.369 acre tract of land (by deed) deeded to Donald J. Carter as recorded in Volume 4807, Page 1320 of the Deed Records of Denton County, Texas, said point also being in Clear Creek, from which a point for comer in the northeasterly line of said 92.701 acre tract of land bears North 32 degrees 22 minutes 41 seconds West, a distance of 699.70 feet, said point being a comer in the southwesterly line of said 292.369 acre tract of land; THENCE South 32 degrees 22 minutes 41 seconds East, with the northeasterly line of said 92.701 acre tract of land and with the southwesterly line of said 292.369 acre tract of land, a distance of 58.41 feet to a point for comer, from which a point for comer in the northeasterly line of said 92.701 acre tract bears South 32 degrees 22 minutes 41 seconds East, a distance of 160.14 feet, said point also being a comer in the southwest line of said 292.369 acre tract of land; THENCE South 77 degrees 18 minutes 03 seconds West, a distance of 250.40 feet to a point for corner; THENCE South 85 degrees 28 minutes 59. seconds West, a distance of 769.53 feet to the POINT OF BEGINNING and containing 55,196 square feet or 1.267 acres of land, more or less. NOTE: Bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone, based on NGS Monument "MASCH" and the City of Denton GPS Monument No. 2007 with a combined scale factor for this project of 0.9998537560, distances and areas shown are surface * SURVEYOR'S CERTIFICATE * TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FORM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Gorssociates, Inc. By: eyo ' ame: Jon I. Cooper gistered Professional and Surveyor rrO{9QTexas No. 5254a ;u.......PERDate of Survey: May 22 2003 "';. Q'(Exhibit "A") Page 2 of 3 {0 GORRONDONA & ASSOCIATES. INC. 6707 BRENTWOOD STAIR RD SURE 50 FORT WORTH. TEXAS 76112 817496-1474 FAX 817496-1768 PLAT OF EXHIBIT "A" W ^ i 00 f JOHN CHEEK SURVEY n 292.DONALDRJ. CARTER = VOL. 4807, PG. 1320 ABSTRACT No. 227 y 'P :D D.R.D.C?. N L. U Q u 55.00' PERMANENT SANITARY SEWER EASEMENT FT } (55.196 SO. OR 1.267 ACRES) L-3 N J D] Q W 76039 N 652659E prAnir Ise •a5 i kl�pe +n Px i. ` CLEAR CREEK vo t P"O.B. PERMANENT SANRARY SEWER EASEMENT (GRID COORDINATE) n N=7,151,386.430 E�2.395.058.248 in�m o oin Um6KQ ll a V aQU y� _ N . 0 92.701 ACRES (BY DEED) z JEFFREY W. NOE. & WIFE, JEANIE T. NOE VOL. 2879, PG. 544 IPERIY LINE P. 0. C. D.R.O.c.T. 1/2-IRON ROD MO. MaEmwc TANCE 5.25 6J9 8.41 50.40 W N > In o CL' � N o JOHN CHEEK SURVEY z Z ABSTRACT No. 227 o� J =� Q Q n � � $ PERMANENT ~ v, V) 2'STEEL FENCE O lOO 200 400 EASEMENT ' W (A POST FOUND . Q PROPERTY jJNE SCALE IN FEET 283.734 ACRES (BY DEED) DONALO J. CARTER NOTE: ALL BEARINGS ARE REFERENCED TO THE TEAS VOL. 4807, PG. 1320 COORDINATE SYSTEM, NAD-63. THE NORTH CENTRAL WHOLE PROPERTY AND LOCATION D. R.D.C.i. ZONE, BASED ON. NOS MONUMENT 'MASCH' ANO MAP OF EASEMENT THE CITY OF DENTON CPS MONUMENT /2007 WITH A COMBINED SCALE FACTOR OF 0.9996537560. REVISED: 07/06/2007 05TANCES AND AREAS SHOWN ARE SURFACE. a� CITY OF DENTON, TEXAS 1 NTON 215 E. MCKINNEY • DENTON, TEXAS 76207 :EL N0. 4 CLEAR CREEK INTERCEPTOR PROJECT L. PROFESSIONAL