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Home My WebLink About2001-317ORDINANCE NO C�O91-- 017 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 568 ACRE TRACT OR PARCEL OF LAND FOR PUBLIC UTILITY EASEMENT PURPOSES AND AN APPROXIMATE 0 354 ACRE TRACT OR PARCEL,OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES, SAID PROPERTY BEING LOCATED IN J CHEEK SURVEY, ABSTRACT NO 227 AND THE H WILLIAM SURVEY, ABSTRACT NO 1417, 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 PUBLIC UTILITIES AND INSTALLATION, 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 an approximate 0 568 acre tract or parcel of land for public utility easement purposes and an approximate 0 354 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 Jeffrey W Noe and Jeanie T Noe ("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 0 568 acre tract or parcel of land for public utility 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 0 354 acre tract or parcel of land for temporary construction easement purposes as more particularly described in Exhibit "C" and illustrated in Exhibit "B", 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's direction SECTION 3 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 0 568 acre tract for public utility easement purposes and said 0 354 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 herein 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 / PASSED AND APPROVED this the H d day of /%Z , 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY 71-7 l A I . 1 1. _�.�.� ,VED AS TO LEGAL FORM - HER to Page 2 8I ur �=oftgrtllpmuud IWWLNa Cq =mlw Or W.mc" EXHIBIT A Surveyors & Engineers of North Texas 1621 Amanda Court Ponder Texas 76259 Ph (940) 482 2908 FAX (940) 482 2911 Toll Free (877) 481 SENT www sentcorp corn RAY ROBERTS WATER LINE PARCEL #4 TRACT 1 50' UTILITY EASEMENT FIELD NOTES to all that certain tract of land situated in the J Cheek Survey Abstract Number 227 and the H Williams Survey Abstract Number 1417, Denton County, Texas and being a part of the called 92 701 acre tract described in the deed from Dennis E Ferrari et ux to Jeffrey W Noe et ux recorded in Volume 2879, Page 544 and part of the called ten acre tract described in the deed from Dennis E Ferrari et ux to Jeffrey W Noe et ux recorded in Volume 2875, Page 991 of the Deed Records of Denton County, Texas, the subject tract being more particularly described as follows BEGINNING for the Southeast corner of the tract being described herein at the Southeast comer of the said 92 701 acre tract and the Northeast corner of the called 283 734 acre tract described in a deed from Donald J Carter et ux to Equestrian Development Corporation of North Texas recorded under Clerk's File Number 00-R0085449 of the Deed Records from which a fence corner post bears South 88 Degrees 03 Minutes 44 Seconds a distance of 2 feet, THENCE North 89 Degrees I I Minutes 05 Seconds West generally along a fence with the South line of the 92 70lacre tract and the North line of the 283 734 acre tract a distance of 58 2 feet, THENCE North 31 Degrees 39 Minutes 10 Seconds East 50 feet Northwest of and parallel with the Northwest right-of- way line of FM 428 a distance of 506 6 feet to the South line of the called 23 994 acre tract described in the deed from Gerald J Monheinitzky to Ben F King et ux recorded in Volume 4129, Page 1478 of the said Real Property Records THENCE South 65 Degrees 33 Minutes 14 Seconds East with the South line of the King tract and the North line of the Ten acre tract a distance of 50 4 feet to the Northeast comer thereof and the Southeast corner of the King tract, THENCE South 31 Degrees 39 Minutes 10 Seconds West with the Northwest right-of-way of FM 428 and East line of the Ten acre tract passing the Southeast corner thereof and continuing with the East line of the 92 701 acre tract a distance of 483 1 feet to the PLACE OF BEGINNING and enclosing 0 568 acres 19L Vt9vwm blBM.f i1'a ia4 f� �v. aV W[u .lei! E4>v iLEYtCw 9C et t9M tiv rrcep do 9 EXHIBIT B nnn�m ^v c n ^4 a � m m h a m ZAnm A�v-4 c� m m m z C n n I �2Nm nnTk` NNbz 0 Ate: om I.K. MN ' v.uov .o .vanrxra��n[ao+wo mLrunnot a. sw :s.rl roe a n I / I �-0 ' i P yea 1 {660 39Vd/SL9Z 3W070A xnla 30N M A38!-Y-7r 01 xnla IYV8833 3 SINN30 — 5380V N31 0317V0 I voi ann�wn k .. n all. I ax Wfl r` � it I �� o Y PARCEL #4 9x {° ,1� ° �\ 04; �O�it NOE LANDS S u r v'e y S& UTILITY EASEMENT EXHIBIT DATE 1 -50ot N uo gt h e e r r SCALE 1 =50 CHEEK SY A 2278 WILLIAMS SY A 1417 Te X.aSL IOC DRAWN KYJR i COUNTY OF OENTON TEXAS CHECKED WMC ... EXHIBIT C Surveyors & Engineers of North Texas 1821 Amanda Court Ponder Texas 78259 Ph (940) 482 2906 FAX (940) 482 2911 Toll Free (877) 481 SENT www sentcorp corn RAY ROBERTS WATER LINE PARCEL #4 TRACT 2 30' TEMPORARY CONSTRUCTION EASEMENT FIELD NOTES to all that certain tract of land situated u1 the J Cheek Survey Abstract Number 227 and the H Williams Survey Abstract Number 1417, Denton County, Texas and being a part of the called 92 701 acre tract described in the deed from Dennis E Ferrari et ux to Jeffrey W Noe et ux recorded in Volume 2879, Page 544 and part of the called Ten acre tract described in the deed from Dennis E Ferrari et ux to Jeffrey W Noe et ux recorded in Volume 2875, Page 991 of the Real Property Records of Denton County, Texas, the subject tract being more particularly described as follows BEGINNING for the Southeast comer of the tract being described herein on the North line of the called 283 734 acre tract described in the deed from Donald 1 Carter et ux to Equestrian Development Corporation of North Texas recorded under Clerk's File Number 00-R0085449 of the Real Property Records and the South line of the said 92 701 acre tract and being North 89 Degrees I I Minutes 05 Seconds West a distance of 58 2 feet from the Southeast corner thereof and the Northeast comer of the 283 734 acre tract, THENCE North 89 Degrees I I Minutes 05 Seconds West generally along a fence with the South line of the 92 70lacre tract and the North line of the 283 734 acre tract a distance of 34 9 feet THENCE North 31 Degrees 39 Minutes 10 Seconds East 80 feet Northwest of and parallel with the Northwest right-of- way line of FM 428 a distance of 520 8 feet to the South line of the called 23 994 acre tract described in the deed from Gerald J Monhemitzky to Ben F King et ux recorded in Volume 4129 Page 1478 of the said Real Property Records and the North line of the said Ten acre tract, THENCE South 65 Degrees 33 Minutes 14 Seconds East with the South line of the King tract and the North line of the Ten acre tract a distance of 30 2 feet THENCE South 31 Degrees 39 Minutes 10 Seconds West 50 feet Northwest of and parallel with the Northwest right-of- way of FM 428 across the ten acre tract passing the South line thereof and continuing across the 92 701 acre tract a distance of 506 6 feet to the PLACE OF BEGINNING and enclosing 0 354 acres