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Home My WebLink About2007-199dour documen ts\ordinances107\clear creek ss - condemnation ordinance - hannah easement.doc ORDINANCE NO. &&07- 1 AN ORDINANCE DECLARING THAT A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 3.956 ACRE SANITARY SEWER AND REUSE WATER EASEMENT LOCATED IN THE JONATHAN DOUTHITT SURVEY, ABSTRACT NO. 329 AND BEING WITHIN A PARCEL OF LAND CONVEYED TO MARK HANNAH, JR. BY DEED RECORDED IN VOLUME 4322, PAGE 1746 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 3.956 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 _/�/L day of ' 2007. / W—ee.* PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: I do 2t� APP VED , To rF(7Ar T70unn. EDP Page 2 EXHIBIT "A" CITY OF DENTON,? CLEAR CREEK INTERCEPTOR PROJECT PARCEL No. 1 PERMANENT SANITARY SEWER EASEMENT JONATHAN DOUTHITT SURVEY, ABSTRACT No. 329 CITY OF DENTON DENTON COUNTY, TEXAS Being a 55.0' permanent sanitary sewer easement out of the Jonathan Douthitt Survey, Abstract " No. 329, Denton County, Texas and being a portion of a 247.38 acre tract of land (by deed), deeded to Mark Hannah, Jr., as recorded in Volume 4322, Page 1746 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 mag nail in asphalt found for the southeast corner of said 247.38 acre tract of land, "said mag nail being in Hartley Field Road, said mag. nail also being the southwest corner of a 207.54 acre tract of land (by deed) deeded to the City of Denton as recorded in Volume 4505, Page 451 of the Deed Records of Denton County, Texas; THENCE North 01 degrees 19 minutes 02 seconds East, with east line of said 247.38 acre tract of land and with the P west line of said 207.54 acre tract of land, passing at a distance of 5,333.40 feet a 1/2 inch iron rod with cap stamped "Alliance" found for reference, in all, a distance of 5,334.56 feet to the POINT OF BEGINNING of said permanent sanitary sewer easement, having grid coordinates ofN=7,151,290.574 and E=2,406,507.941; , THENCE South 59 degrees 21 minutes 15 seconds West, a distance of 501.56 feet to a point for comer; THENCE North 88 degrees 22 minutes 38 seconds West, a distance of 309.91 feet to a point for comer; THENCE North 64 degrees 39 minutes 18 seconds West, a distance of 1430.86 feet to a point +` for comer; THENCE North 84 degrees 25 minutes 52 seconds West, a distance of 889.84 feet to a point for corner in the most northerly west line of said 247.38 acre tract of land and being in the most northerly east line of a' 1083.5749 acre tract of land (by deed) deeded to Donald J. Carter and wife, Linda Jo Carter as recorded in County Clerk File No. 94- R0065442 of the Deed Records of Denton County, Texas, from which a 6 inch wood comer post found for an exterior ell comer in the west line of said 247.38 acre tract of •:. land bears South 01 degrees 20 minutes 28 seconds West, a distance of 1567.05 feet, said 6 inch wood comer post being an interior ell corner in the east line of said 1083.5749 acre tract of land; (Exhibit "A") Page I of GORRONDONA & ASSOCIATES. INC. 6707 BRENTWOOD STAIR,RD SUITE 50 FORT WORTH, TEXAS 76112 817-496-1424 FAX 817-496-1768 oa I_ , 91 THENCE North 01 degrees 20 minutes 28 seconds East, with the most northerly west line of said 247.38 acre tract of land and with the most northerly east line of said 1083.5749 acre tract of land, a distance of 55.15 feet to a point for corner; THENCE South 84 degrees 25 minutes 52 seconds East, a distance of 903.50 feet to a point for 17 corner; THENCE South 64 degrees 39 minutes 18 seconds East, a distance of 1428.89 feet to a point for comer; THENCE South 88 degrees 22 minutes 38 seconds East, a distance of 282.45 feet to a point for corner; THENCE North 59 degrees 21 minutes 15 seconds East, a distance of 519.97 feet to a point for comer in the east line of said 247.38 acre tract of land and being in the west line of said 207.54 acre tract of land; THENCE South 01 degrees 19 minutes 02 seconds West, with the east line of said 247.38 acre tract of land and with the west line of said 207.54 acre tract of land, a distance of 64.83 feet to the POINT OF BEGINNING and containing 172,342 square feet or 3.956 acres of land, more or less. NOTE: Bearings and coordinates arc 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: Gorro7dona & Associates; Inc. 0 i eyor's Name: Jon . Cooper gistered Professional Land Surveyor, Texas No. 5254 Date of Survey: May 13 , 2003 GORRONDONA & ASSOCIATES. INC. (Exhibit "A") Page 2 of 4 6707 BRENTWOOD STAIR RD SUITE 50 FORT WORTH, TEXAS 76112 817496-1424 FAX 817496-1768 PLAT OF EXHIBIT "A" 247.38 ACRES (BY DEED) MARK HANNAH, JR. VOL. 4322, PG. 1746 D.R.D.C.T. 55.00' SANITARY (172.342 50. LINE TABLE LINE I BEARING DISTANCE N •W 309.91 282.45 1'1 '0 •W 85.46 N '42" 25.DO N 01' 8 47.63 N 1' "E 17.55 S 1'19' 'W 26.52 7 EASEMENT 3.956 ACRES) 247.38 ACRES (BY DEED) MARK HANNAH, JR. VOL. 4322, PG. 1746 D.R.D.C.T, JONATHAN DOUTHITT SUR ABSTRACT No. 329 P. MAC NM PROPERTY IN HARTLEY FIELD ROAD ZONE. BASED ON NOS MONUMENT ASCH" AND THE CRY OF DENTON CPS MONUMENT %/2007 WITH A COMBINED SCALE FACTOR OF 0.9998537560, DISTANCES AND AREAS SHOWN ARE SURFACE CITY OF DENTON, T f'['Q�i 215 E. MCKINNEY DENTON, TEX t 76201 REVISED: 7 0 150 300 600 SCALE IN FEET 1/'•IRSONTAMPED R00 CAP O 5333.40' ki 207.54 ACRES (BY DEED) CITY OF pENTON VOL. 4505. PG. 451 D.R.O.C.T. PEftNONENI C0. EMENT A WHOLE PROPERTY AND LOCATION MAP Of EASEMENT s i��c-�'Si'iTT •. JONI L. COOPER N 01'20'28'E 55.15, 1083.5749 ACRES BY DEED 1 OONJI J. CARTER & WIFE, LINDA JO CARTER DOC. a94-ROO65442 D.R. D.C.T. PLAT OF EXHIBIT "A" N 55.DO' SANITARY (172.342 50. 247.38. ACRES (BY DEED) MARK HANNAH, JR. VOL. 4322,.PG. 1746 D.R.D!C.T. HAN DOUTHITT SURVEY BSTRACT No,. 329 I PROPERTY LINE NOTE: ALL BEARINGS ARE REFERENCED TO THE TEXAS 1083.9a9 ACRES (BY DEED ZONE. BASE SYSTEM. NAO-83, THE NORTH CENTRAL iFE. LI J. CAR ER h ZONE, BASED E NOS MONUMENT 'MASCH" AND WIFE. LINDA JO CARTER THE CRY OF DENTON GPO MONUMENT 53756 WITH DOC. DR,D.0065142 A CANOES 0 SCALE FACTOR OF 0.9998537560, 0 RA.0 1. DISTANCES AND AREAS SHOWN ARE SURFACE. -, REVISED: 07/06/2( oT CITY OF DENTON, TEXAS DENTON 215 E. MCKINNEY • DENTON. TEXAS 76201 CLEAR CREEK INTERCEPTOR:PROJECT r �r d 0 150 300 600 SCALE IN FEET PERK ENT EASEMENT ,3 WHOLE PROPERTY AND LOCATION MAP OF EASEMENT ..,, �� 16 T c •.� i I .........L.....R .. R 1p -COOPER ED PROFESSIONAL SURVEYOR I a24 FAX 817/496-1768