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Home My WebLink About2001-087ORDINANCE NO AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 532 ACRE TRACT OR PARCEL OF LAND FOR SANITARY SEWER EASEMENT PURPOSES AND AN APPROXIMATE 0 425 ACRE TRACT OR PARCEL OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES, BOTH BEING PART OF LOTS 1 & 2, BLOCK A OF THE REDGATE PECAN ESTATES ADDITION, AN ADDITION TO THE CITY OF DENTON SAID PROPERTY BEING LOCATED IN W HUDSON SURVEY, ABSTRACT NO 586, DENTON COUNTY TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY AND INSTEALLA ION,RDECLARING AN EFFECTIVE DATHE PUBLIC PURPOSE OF TE (GRAVEYARD (GRAVEYARDSEWER ITBRSANNCH SANITARY SEWER) WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the land for sanitary sewer easement purposes sland an approximate 0 4255 acre tract or parcel of land for temporary construction easement purposes, with such easement rights vesting in the City of Denton, Texas, and WHEREAS, the hereinafter described property is believed to be owned by Richard K Boyer and Karen Boyer ("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 an approximate 0 532 acre tract or parcel of land for sanitary sewer easement purposes as more particularly described in Exhibit "A" and illustrated in Exhibit "B", attached hereto and made part of by reference, and a public necessity exists and public welfare and convenience require the acquisition of an approximate 0 425 acre tract or parcel of land for temporary construction easement purposes as more particularly described in Exhibit "A-l" and illustrated in Exhibit "B-t", attached hereto and made a part hereof by reference (both tracts collectively referred to herein as the "Property") SECTION 2 The City Manager or his designee is hereby authorized and directed to on just rmake an offer for the Property to the owner of the Property, ecommended by an independent appraisal prepared at the City Manager's direction compensation SECTION 3 That in the event the offer as described in Section 2 is refused by the Owner of the Property, 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 said 0 532 acre tract for sanitary sewer easement purposes and said 0 425 acre tract for temporary construction easement purposes The cost and expense of such acquisition shall be pad by the City of Denton, with such easement interests vesting in the City of Denton SECTION 4 If it should be subsequently determined that additional parties other than those named herem have an interest in said property, then In that , the City Attoey designees is authorized and directed to Ion said parties as Defendantsen said condemnation or his SECTION 5 This ordinance shall become effective immediately upon its passage and approval �/��/ day of j2i69�1 2001 PASSED AND APPROVED this the �nF/Ti/L & /O wCL EULINE BROCK, MAYOR ATTEST IENNIFER WALTERS, CITY SECRETARY i a �. M-Mr W-A Page 2 S Wur dpnp�ppy�pKe,wl`OB86 Door Co01.6-u OrrLr—rlC EXHIBIT "A Permanent Sanitary Sewer Easement Parcel No 11 FIELD NOTES of a 25 foot wide permanent sanitary sewer easement lying and being situated in the W Hudson Survey Abstract No 586, Denton County, Texas, and being a portion of Lots 1 and 2, Block A of Redgate Pecan Estates, an addition to the City of Denton, Texas according to the Plat recorded in Cabinet M, Page 144 of the Plat Records of Denton County, Texas and being more particularly described as follows BEGINNING at a 1/2 inch iron rod with cap stamped "Halff Assoc , Inc " hereinafter referred to as "with cap" set for the South corner of the beforementioned Lot 1, same being the West corner of the beforementioned Lot 2, THENCE North 69 degrees 43 minutes 49 seconds West with the Southwest line of Lot 1 for a distance of 26 46 feet to a 1/2 inch iron rod with cap set for cornei THENCE North 39 degrees 24 minutes 16 seconds East departing the beforementioned Southwest line for a distance of 34157 feet to a 1/2 inch iron rod with cap set for corner, THENCE North 23 degrees 32 minutes 14 seconds East for a distance of 198 91 feet to a 1/2 inch iron rod with cap set for corner, THENCE North 67 degrees 57 minutes 44 seconds East for a distance of 168 67 feet to a 1/2 inch iron rod with cap set for corner, THENCE North 55 degrees 23 minutes 26 seconds East at 85 10 feet pass the common line of Lots 1 and 2, in all a total distance of 215 92 feet to a 112 inch iron rod with cap set in the North line of Lot 2 for corner THENCE South 73 degrees 02 minutes 12 seconds East with the beforementioned North line for a distance of 3112 feet to a 1/2 inch iron rod with cap set for corner, THENCE South 55 degrees 23 minutes 26 seconds West departing the beforementioned North line at 164 08 feet pass the common line of Lots 1 and 2, in all a total distance of 239 39 feet to a 1/2 inch iron rod with cap set for corner, TIIENCE South 67 degiees 57 minutes 44 seconds West for a distance of I60 26 feet to a 1/2 inch iron rod with cap set for corner, THENCE South 23 degrees 32 minutes 14 seconds West for a distance of 19179 feet to a 1/2 inch iron tod with cap set in the Southeast line of Lot 1 for corner, THENCE South 39 degrees 24 minutes 16 seconds West for a distance of 336 38 feet the PLACE OF BEGINNING containing 23,171 square feet or 0 532 Acres of land more or less "Basis of Bearing is NAD 83 (1993) Texas State Plane North Central Zone (4202) as observed by GPS on Julian day 013 of 2000 from ARLINGTON RRP CORS ARP, PID No AF9536 Convergence angle at ARLINGTON RRP COBS ARP is +00 degrees 47 minutes 06 8 seconds " EXHIBIT WBW ARCEL PS) II OR ps 5B6 9TE00GROSS J3250 T RPRDC LOT 3 REDGAT�E—R .CAN 1 ESTATES BLOCK A-----,._ }13_;- / .11552]26E / RICHARD BOYER OybA� / 2,592 96 R0039750 "m RPRDCT /pV%/N6T 5144E IA SIR 168 6T / SIR N23 3214 E 160 26 94 W i% 23 26 W 39 / 19891 /x SIR LOT 1 L 0 T 2 SIR 14 W 1913T92 I20 TEMPORARY /x SIR RICHARO BOYER CONSTRUCTION ESMi /� S39 24 IG'W 97 R001200 92M / 33638 RPRDCT _ N39 24 I6'E �..`T(BdEST �\ / SIR 25 PERMANENT SANITARY 3EWEfl AS MEN. SQUARE FEET A 0532 A ES ROBERT J THOMPSON 231TI VOLUME 1115 PAGE 316 / I 349 ' ORDC Y_ / 264W 6/ I/x SIR I I SURVEY LINE CITY LIMITS L __—_---_—_____— / ARGYLE CITY LIMITS ARGYLE IAPPRO% LOCAlI0N1 i —_ -- } BEGINNING ! ld" i BASIS OF BEARING IS NAD93 (1993)TEXAS STATE PLANE NORTH CENTRAL ZONE N2021 AS OBSERVED BY GPS ON JULIAN DAY 013 OF 2000 FROM ARLINGTON TRIP CONS ARP PID NO AFS536 CONVERGENCE ANGLE AT ARLINGTON RRP COOS ARP IS .00 DEGREES 47 MINUTES 068 SECONDS EXHIBIT SHOWING A N �� O f /. 25 D PERMANENT SANITARY SEWER EASEMENT BEING A PORTION OF Q, GASTe RICHARD BOYER h y LOTS 1 & 2A BLOCK A, REDGATE PECAN ESTATES 'B W, SITUATED IN THE JERRY W HUDSON SURVEY ABSTRACT NO 5E6 IN THE CD CITY OF DENTON. DENTON COUNTY,TEXAS S 5 0 i I PROJECT, GRAVEYARD BRANCH SANITARY SEWER / CITY OF DENTON S D R DO EASEMENT ACOUISITION AREA, 23 111 SQUARE FEET OR 0 532 ACRES 0 1��59J 0 e PATE. JUNE 2l 2000 AVOI IB3I8 sGLE w FEET A L L NEM �FBHalffAssociates,ITic 6xFPf0PROFESSIONALLAW SURVEYOR wwN uwnm an nwAu _ , FILE. B378PEII DGN PACE I OF I 5CAL6 1 200 HUNGER 3B97 EXHIBIT "A-1" Temporary Construction Easement Parcel No 11 ment ng and eing in FIELD NOTES S r of a 20 foot Survey Abstract Noetemporary construction 586, Denton County, Texas, and being a portion of situated land 2e to the City of Denton, Texas according to dition ecorded in Cabinet M cPagestates144 of the, andPlat Records of Denton County, Texas, and bemghmore t particularly described as follows COMMENCING at a 1/2 inch iron rod with cap stamped "Halff Assoc , Inc " hereinafter referred to as "with cap" set for the South corner of the beforementioned Lot 1, same being the West corner of the beforemenhoned Lot 2, THENCE North 69 degrees 43 minutes 49 seconds West with the Southwest line of Lot 1 for a distance of 26 46 feet to a 1/2 inch iron rod with cap set for the PLACE OF BEGINNING of the herein described tract, THENCE North 69 degrees 43 minutes 49 seconds West with the Southwest line of Lot 1 for a distance of 21 17 feet to a point for corner, TIIENCE North 39 degrees 24 minutes 16 seconds East departing the beforemenhoned Southwest line for a distance of 345 73 feet to a point for corner, THENCE North 23 degrees 32 minutes 14 seconds East for a distance of 204 29 feet to a point for corner, THENCE North 67 degrees 57 minutes 44 seconds Cast for a distance of 174 63 feet to a point for corner, THENCE North 55 degrees 23 minutes 26 seconds East for a total distance of 197 48 feet to a point in the North line of Lot 2 for corner, THENCE South 73 degrees 02 minutes 12 seconds East with the beforemenhoned North line for a distance of 26 12 feet to it 1/2 inch iron rod with cap set for corner THENCE South 55 degrees 23 minutes 26 seconds West departing the beforemenhoned North line foi a distance of 215 92feet to a point for corner, THENCE South 67 degrees 57 minutes 44 seconds West fot a distance of 168 67 feet to a point for cot net, THENCE South 23 degrees 32 minutes 14 seconds West for a distance of 198 91 feet to a point for corner THENCE South 39 degrees 24 istance of 341 57 OF BEGINNING containing 18,518 square feeot or 0 425 Aciest the PLACE of land, more or less "Basis of Bearing is NAD 83 (1993) Texas State Plane North Central Zone (4202) as observed by GPS on Julian day 013 of 2000 from ARLINGTON RRP CORS ARP PID No AF9536 Convergence angle at ARLINGTON RRP CORS ARP is +00 degrees 47 minutes 06 8 seconds " € or 1t �v1 pfD13TEHE0 t Y`Y I EXHIBIT "B-1" Ey , GRG GROSS PARCEL *1l 7v' 0 686 97 ETROOJ 250 I I CE/ PCT RPROCT LOT 3 REDGESTATES A9^ i B L O C K A'"�-`�_ STJ D212 j � P / N519t 5 40 2J 26 E RICHARD BOYER 96 R0039150 /,ate/ / 555 23 29 W R P RDCT O� N6T 57 44-E 21692 17463 S675744W / 16867 LOT F012914E / 8214W LOT 2 11991 25 PERMANENT SANITARY RICHARD BOYER SEWER EASEMENT 97 R0019200 SI6 W N392916E 3 4157 PPflDLT 34513 LE{N•^ ""` IB 51B SQUARE FEET5 OR 0 2 EASEMENT ROBERT J THOMPSON / PLACE OF VOLUME 1175 PAGE 516 j N6943149IN 211T /// BEGINNING I DRDCT / DEN70N CITY LIMITS SURVEY LINE �T/,//// _ AZLE CITY LIMITS AfPROX LOCATION) / PLACE OF COMMENCING i HAD63 013 OF 2000 FROM ARLMGTON RRP CODS ARPPIUAS REARINGBASIS OF IDAY1PLANE NORTH CENTRAL ZONE 2 OBSERVED BYCPS ON JULIIAN NO AF9536 CONVERGENCE ANGLE AT ARLINGTON PPP COTS ARP IS .00 DEGREES 47 MINUTES 06 6 SECONDS EXHIBIT SNOWING A N 20 0 TEMPORARY CONSTRUCTION EASEMENT OF BEING A PORTION OF P 6Y S TF ,r RICHARD BOYER A 0 425 ACRE TRACT OF LAND SITUATED IN THE W HUDSON SURVEY ABSTRACT NO 586 JERRY 41 IN THE •R T P O CITY OF DENTON,DENTON COUNTY,TEXAS Es SAO 0 V PROJECT, GRAVEYARD BRANCH SANITARY SEWER / CITY OF DENTON 8 U R I EASEMENT ACOWStt1aN AREA. IB 518 SQUARE FEET OR 0 425 ACRES 0nw!F-�o0 OATEI JUNE 21 2000 AVO, IB378 SCALE N IEE1 p�'�HaIfFAssomates,InoSCALE. 1 200 RFLISIIREB PRO�BERR 1191ANB 6W EYOR �„ uen o a n FILE. BJi8TE11 DGN PACE I OF I