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Home My WebLink About2001-088ORDINANCE NO A%V 19M AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 369 ACRE TRACT OR PARCEL OF LAND FOR SANITARY SEWER EASEMENT PURPOSES AND AN APPROXIMATE 0 312 ACRE TRACT OR PARCEL OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES, BOTH BEING PART OF LOT 3, 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 NECESSARY FOR THE PUBLIC PURPOSE OF SANITARY SEWER FACILITIES AND INSTALLATION, DECLARING AN EFFECTIVE DATE (GRAVEYARD BRANCH SANITARY SEWER) WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of an approximate 0 369 acre tract or parcel of land for sanitary sewer easement purposes and an approximate 0 312 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 Greg A Gross and Barbara Gross ("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 0 369 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 0 312 acre tract or parcel of land for temporary construction easement purposes as more particularly described in Exhibit "A-l" and illustrated in Exhibit "B-1", 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 make an offer for the Property to the owner of the Property, based on Just compensation recommended by an independent appraisal prepared at the City Manager's direction 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 0 369 acre tract for sanitary sewer easement purposes and said 0 312 acre tract for temporary construction easement purposes The cost and expense of such acquisition shall be paid 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 event, the City Attorney or his designee is authorized and directed to join said parties as Defendants in said condemnation SECTION 5 This ordinance shall become effective immediately upon its passage and approval qq��/ PASSED AND APPROVED this the Mi day of Akw4L2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY m TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY f'7 Page 2 s woe Uxummuwrygnaim\o�wB99 Omu Covtlm�oeaan aNnaMci aw EXHIBrr "A" Permanent Sanitary Sewer Easement Parcel No 10 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 Lot 3, 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 COMMENCING at a 1/2 inch iron rod found for the Southeast corner of the beforementioned Lot 3, same being the Northeast corner of Lot 2 THENCE North 73 degrees 02 minutes 12 seconds West with the common line of Lot 3 and Lot 2 for a distance of 523 56 feet to a 1/2 inch iron rod with a yellow plastic cap stamped ' Halff Assoc , Inc hereinafter referred to as "with cap" set for the PLACE OF BEGINNING of the herein described tract THENCE North 73 degrees 02 minutes 12 seconds West with the beforementioned common line for a distance of 31 92 feet to a 1/2 inch iron rod with cap set for corner, THENCE North 55 degrees 23 minutes 26 seconds East departing the beforementioned common line foi a distance of 344 85 feet to a 1/2 inch iron rod with cap set for corner THENCE North 34 degrees 31 minutes 27 seconds East for a distance of 317 96 feet to a 1/2 inch lion rod with cap set in the East line of the beforementioned Lot 3 for corner, THENCE South 06 degrees 11 minutes 38 seconds East with the beforementioned East line for a distance of 38 32 feet to a 1/2 inch iron rod with cap set for corner THENCE South 34 degrees 31 minutes 27 seconds West departing the beforementioned East line for a distance of 293 52 feet to a 1/2 inch iron rod with cap set for corner THENCE South 55 degiees 23 minutes 26 seconds West foi a distance of 329 62 feet to the PLACE OF BEGINNING containing 16,074 square feet or 0 369 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 CORS ARP is +00 degrees 47 minutes 06 8 seconds " EXHIBIT MBW PARCEL */0 (PSSE) _ --------------------- S g6 / w BST RP � 005 / /3 SI 20 TEMPORARY 50611 30 E LDj CONSTRUCTION ESMT / 30 32 DOYLE THOMPSON JN CflEG GROSS �I/2 SIR VOLUME 1175 PAGE 316 O R O C T 9T 0003250 / RPRDCT C)N343127E 31796 / EST pT EJ EOGp�E PEGpN % 5129352 T / I 93 52 SIR 344N55 65 6 E / 344 05 / I/9 SIR 25 PERMANENT SANITARY EWER EASEMENT SSS16 074 SQUARE FEET OR 369 ACRES 3l 29 2] 26 W 29 62 / Ni! 02 12 W SIR ` „{N7302 PLACE OF �7392212W ' COMMENCING PLACE OF I3uo p BEGINNING /vi F1R RICHARD BOYER / 97 R0019200 RPRDCT / CDT 2 / �I SURVEY LINE BASIS OF BEARING IS NA083 119931 TEXAS STATE PLANE NORTH CENTRAL ZONE 142021 AS OBSERVED BY CPS 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 N 25 0 PERMANENTI SIANITARYINSEWER EASEMENT O f BEING A PORTION OF .`�. GREG GROSS tiP GA 8 T F �. LOT 3, BLOCK A, REDGATE PECAN ESTATES SITUATED IN THE W HUDSON SURVEY ABSTRACT NO 586 JERR L EW IN THE B B 7 Q: CITY OF DENTON,DENTON COUNTY,TEXAS o`oo _Sao suLE IN rtrt S u R .AI00 v PROJECT, GRAVEYARD BRANCH SANITARY SEWER / CITY OF DENTON EA EMENT ACQUISITION AREA, I6074 SQUARE FEET OR 0369 ACRES e0l Halff Associates, Inc �� GATE, DUNE 27 2000 AM IB378 JERRY L LENEW SURVEYOR moll.- w+, an uvm w+u+ u,mm FILE, RSTBPEIO OON PACE I OF I SLALE, I 200 R[cl5lEREO PROFESSIONAL LAA NUMBER 3897 EXHIBIT "A-1" Temporary Construction Easement Parcel No 10 FIELD NOTES of a 25 foot wide temporary construction easement lying and being situated in the W Hudson Survey Abstract No 586, Denton County, Texas, and being a portion of Lot 3, 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 COMMENCING at a 1/2 inch iron rod found for the Southeast corner of the beforementioned Lot 3, same being the Northeast corner of Lot 2, THENCE North 73 degrees 02 minutes 12 seconds West with the common line of Lot 3 and Lot 2 for a distance of 555 48 feet to a point for corner for the PLACE OF BEGINNING of the herein described tract, THENCE North 73 degrees 02 minutes 12 seconds West with the beforementioned common line for a distance of 25 53 feet to a point for corner, THENCE North 55 degrees 23 minutes 26 seconds East departing the beforementioned common line for a distance of 357 03 feet to a point for corner, THENCE North 34 degrees 31 minutes 27 seconds East for a distance of 337 52 feet to a point in the East line of the beforementioned Lot 3 for corner, THENCE South 06 degrees 11 minutes 38 seconds East with the beforementioned East line for a distance of 30 66 feet to a point for corner, THENCE South 34 degrees 31 minutes 27 seconds West departing the beforementioned East line for a distance of 317 96 feet to a point for corner THENCE South 55 degrees 23 minutes 26 seconds West for a distance of 344 85 feet to the PLACE OF BEGINNING containing 13,574 square feet or 0 312 Acres of land, more of 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 "B-1" PARCEL */0 (TCE) •—— — W HT RP0� LDi 3 Y�l Y GREG Gfl055/�R RDCT0lPPflOCT/\; ys z,N57 z3 26 E—A N55 OS 26 W /�/ 2563212W PLACE OF65548 6 OCK P BEGINNING RICHARD BOYER 97 ROOIS200 RPRDCT DZ r I $0611 38 E 3066 DOYLE THOMPSON JR VOLUME 1175 PAGE 316 DROCT (PLACE OF COMMENCING FIR SURVEY LINE BASIS OF BEARING IS NAD03 (1993) TEXAS STATE PLANE NORTH CENTRAL ZONE (42021 AS OBSERVED BY CPS ON JULIAN DAY 013 OF 2000 FROM ARLINGTON RRP CORS ARP P10 NO AF9536 CONVERGENCE ANCLE AT ARLINGTON RRP CONS ARP IS .00 DEGREES AT MINUTES 06 B SECONDS EXHIBIT SHOWWG A ZOO TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF GREG GROSS LOT 3,BLOCK A,REOGATE PECAN ESTATES SITUATED IN THE W HUDSON SURVEY ABSTRACT NO 586 IN THE CITY OF DENTON DENTON COUNTY,TEXAS OATEI JUNE 27 2000 AVO, 18378 emg., LA Associates, Inc �� o.Nv„ wn r er wm wnrw FILET 8378TE10 OGN PACE I OF I N OS JERRYL $C0.f W FEET SCALE. 1 200 fl L PELISiEflEfl PNHOE5510NLAM $WVEYOfl NIIHflEfl 30 ]B9i