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Home My WebLink About2004-151ORDINANCE NO. 05 01 -161 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.759 ACRE SANITARY SEWER AND REUSE WATER EASEMENT AND AN APPROXIMATE 0.926 ACRE TEMPORARY CONSTRUCTION EASEMENT BOTH OF WHICH ARE OUT OF A TRACT OR PARCEL OF LAND DESCRIBED IN THAT CERTAIN DEED TO ROBERT W. CALLAHAN AS RECORDED IN VOLUME 4656, PAGE 164 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, BEING LOCATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330 AND THE MOREAU FORREST SURVEY, ABSTRACT NO. 417, IN DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE EASEMENTS FOR THEIR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY OR HIS DESIGNEE TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of the real property interests as hereinafter described; and WHEREAS, the hereinafter described property is believed to be owned by Robert W. Callahan (the "Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Public necessity exists and public welfare and convenience require the acquisition of the following: a. 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 utilities, in, on, across, and under that certain tract or parcel of land containing approximately 0.759 acre as more particularly described in Exhibit "A", attached hereto and made a part hereof by reference (the "Sanitary Sewer and Reuse Water Easement") and as depicted on Exhibit "C", attached hereto and made a part hereof by reference; b. a temporary construction easement in the name of the City of Denton, Texas on and across that certain tract or parcel of land containing approximately 0.926 acre as more particularly described in Exhibit "B" attached hereto and made a part hereof by reference (the "Temporary Construction Easement") and as depicted on Exhibit "C", to use for access, staging, and placement of materials, equipment and supplies in conjunction with construction activities for the construction and installation of sanitary sewer utilities provided for by the Sanitary Sewer and Reuse Water Easement (the "Construction Activities"), with said Temporary Construction Easement expiring upon the completion of the Construction Activities or one (1) year from the date the City of Denton takes possession of the Temporary Construction Easement property, which ever occurs first. The Sanitary Sewer and Reuse Water Easement and Temporary Construction Easement are hereinafter collectively called the "Easements". SECTION 2. The City Council fmds that there is a public necessity and public need to acquire the Sanitary Sewer and Reuse Easement and the Temporary Construction Easement in the size, scope, width, and dimensions of the Easements and for the for the purposes stated in this ordinance. SECTION 3. The City Council finds that $24,400 (the "Compensation") is just compensation for the Easements including damages to the remainder, if any, said sum being based on an independent appraisal obtained by the City. The City Manager or his designee is hereby authorized and directed to make an offer for the Easements to the owner of the property containing the Easements (the "Property") in the amount of the Compensation. SECTION 4. In the event the offer as described in Section 3 is refused or not accepted by the Owner, the City Attorney or his designee is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against the Owner and any other parties having an interest in the Property to acquire the Easements in the name of the City of Denton, Texas, as provided in Section 1 above. SECTION 5. If it should be subsequently determined that additional parties other than those named herein have an interest in the Property, then in that event, the City Attorney or his designee is authorized and directed to join said parties as defendants in said condemnation. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /O#i day of , 2004. CIE EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY mm APPROVED AS TO LEGAL FORM: HERBERT L. PR?1TaITY A BY: Page 2 s:wurOrEmzucc-CIII MC Pagel of 3 EXHIBIT "A" 25' UTILITY EASEMENT GIDEON WALKER SURVEY, ABSTRACT NO. 1330 MOREAU FOREST SURVEY, ABSTRACT NO.417 CITY OF DENTON DENTON COUNTY, TEXAS BEING a tract of land situated in the Gideon Walker Survey, Abstract No. 1330, and the Moreau Forest Survey, Abstract No. 417, Denton County, Texas, and being a part of a tract of land described by deed to Robert W. Callahan as recorded in Volume 4656, Page 1648 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod set in a northeast line of said Callahan tract and in the southwest occupied line of F. M. Road No. 426, also known as East McKinney Street, same being South 55 degrees 12 minutes 51 seconds East, a distance of 288.51 feet from a wooden right-of-way post found; THENCE South 55 degrees 12 minutes 51 seconds East, with the south occupied line of said F. M. Road No. 426, a distance of 25.00 feet to a 1/2 inch iron rod set, from which a 1/2 inch iron rod found at a northeasterly comer of said Callahan tract bears, South 54 degrees 38 minutes 39 seconds East, a distance of 310.55 feet; THENCE South 35 degrees 09 minutes 12 seconds West, over and across said Callahan tract, a distance of 607.87 feet to a 1/2 inch iron rod set for corner; THENCE South 47 degrees 49 minutes 57 seconds West, continuing over and across said Callahan tract, a distance of 705.88 feet to a 1/2 inch iron rod set in a south line of said Callahan tract and in the north line of a tract of land described by deed to the City of Denton as recorded under County Clerk's File No. 97-R0019639 of the Real Property Records of Denton County, Texas, THENCE North 86 degrees 59 minutes 04 seconds West, with the north line of said City of Denton tract, a distance of 35.24 feet to a 1/2 inch iron rod set for corner, said point being South 86 degrees 59 minutes 04 seconds East, a distance of 65.41 feet from a 1/2 inch iron rod found in the east line of an old gravel road; THENCE North 47 degrees 49 minutes 57 seconds East, over and across said Callahan tract, a distance of 727.94 feet to a 1/2 inch iron rod set for corner; THENCE North 35 degrees 09 minutes 12 seconds East, continuing over and across said Callahan tract, a distance of 604.93 feet to the POINT OF BEGINNING and containi 0.759 of an acre of land more or less. Page 2 of 3 1:0.0 lll�il:3ii 30' TEMPORARY CONSTRUCTION EASEMENT GIDEON WALKER SURVEY, ABSTRACT NO. 1330 MOREAU FOREST SURVEY, ABSTRACT NO. 417 CITY OF DENTON DENTON COUNTY, TEXAS BEING a tract of land situated in the Gideon Walker Survey, Abstract No. 1330 and the Moreau Forest Survey, Abstract No. 417, Denton County, Texas, and being a part of a tract of land described by deed to Robert W. Callahan as recorded in Volume 4656, Page 1648 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod set in a northeast line of said Callahan tract and in the southwest occupied line of F. M. Road No. 426, also known as East McKinney Street, same being South 55 degrees 12 minutes 51 seconds East, a distance of 288.51 feet from a wooden right-of-way post found; THENCE South 35 degrees 09 minutes 12 seconds West, over and across said Callahan tract, a distance of 604.93 feet to a 1/2 inch iron rod set for comer; THENCE South 47 degrees 49 minutes 57 seconds West, continuing over and across said Callahan tract, a distance of 727.94 feet to a 1/2 inch iron rod set in a south line of said Callahan tract and in the north line of a tract of land described by deed to the City of Denton as recorded under County Clerk's File No. 97-R0019639 of the Real Property Records of Denton County, Texas; THENCE North 86 degrees 59 minutes 04 seconds West, with the north line of said City of Denton tract, a distance of 42.49 feet to a point for corner, said point being South 86 degrees 59 minutes 04 seconds East, a distance of 23.12 feet from a 1/2 inch iron rod found in the east line of an old gravel road; THENCE North 47 degrees 49 minutes 57 seconds East, over and across said Callahan tract, a distance of 754.42 feet to a point for comer; THENCE North 35 degrees 09 minutes 12 seconds East, continuing over and across said Callahan tract, a distance of 601.41 to a point in the southwest occupied line of said F. M. Road No. 426; THENCE South 55 degrees 12 minutes 51 seconds East, with the south occupied line of said F. M. Road No. 426, a distance of 30.00 feet to the POINT OF BEGINNIN(I nnri containing 0.926 of an acre of land more or less, and being subject to any and easements that may affect. EXHIBIT "C" �Jy FA MOREAU FOREST SURVEY, ABSTRACT NO. 417 _ GIMON WALKER SURVEY, ABSTRACT NO. 1330 / 1y2" L1 NOTE: BASIS OF OEAMCS ARE BASED ON THE NORTHEASr LINE OF CALLAHAN / TRACT, RECORDED IN Va. 4656, PC 1646. / REAL PROPERTY RECOR05 DENTGV COUNTY, TEXAS yy. 42.49' �1s8659'04c / \ 2112'1 City of Denton ' C/erk s F11e No. 97—R0019639 59'04 r.97• SM39o4 £ N86 59 04 W 35.24 1/2" LR.S = 1/2- IRON Roo sEr W11H YELLOW CAP STAMPED ARTHUR SURICMG. (CM) - CONTROLLING MONUMENT DATE: 2/17/2004 SCALE: 1"= 200' CALC. BY: M.B.A. DRAWN BY: M.B.A. JOE NO.: 640010541 JOB NO.: 2312101 LR.S Page 3 of 3 P.O.B. 25' Utility Easement JO' Construction Easement tory Sewer Easement Vo% 695, Pg. J50 25' Utility Easement 0.759 Acre 30' Temporary Construction Easement 0.925 Acre "E 112" 1.R.F. (CM) EXHIBIT 25' UTILITY EASEMENT and 30' Temporary Construction Easemeni GIDEON WALKER SURVEY, ABSTRACT NO 1330 and MOREAU FOREST SURVEY, ABSTRACT NO. 417 CITY OF DENTON DENTON COUNTY, TEXAS \ :e ' A L B. ARTHUR -Arthur Surveying Co., Inc. ' A•••5686 .. ........ . ''906 0`i, Prate Dual Land Surveyors D SURy rnru ws� z�ezxsaz sera 2Wxx&ew4&dftf00 P.a RW54 I mhdk lbm 7R007