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Home My WebLink About2001-413S \Our Documents\Ordmances\01\Noe Condemnation Ordinance doe ORDINANCE NO A O®1- `t 1tg AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A PUBLIC UTILITY EASEMENT IN, OVER, ON, ACROSS, AND UNDER AN APPROXIMATE 0 568 ACRE TRACT OR PARCEL OF LAND AND A TEMPORARY CONSTRUCTION EASEMENT CONTAINING APPROXIMATELY 0 354 ACRE OF LAND, LOCATED IN THE J CHEEK SURVEY, ABSTRACT NO 227 AND THE H WILLIAM SURVEY, ABSTRACT NO 1417 IN DENTON COUNTY TEXAS AND BEING PART OF A TRACT OR PARCEL OF LAND OWNED BY JEFFERY W NOE AND JEANIE NOE, 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 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 Jeffrey W Noe and Jeanie T Noe (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 public utility easement in the name of the City of Denton, Texas for the construction, reconstruction, installation and maintenance of public utilities, in, over, on, across, and under that certain tract or parcel of land containing approximately 0 568 acre as more particularly described in Exhibit "A', attached hereto and made a part hereof by reference (the "Utility Easement") and as depicted on Exhibit `B", attached hereto and made a part hereof by reference, reserving unto the owner of said property the right to use the surface for parking and for driveway access to and from the adjacent public street, and 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 0 354 acre as more particularly described in Exhibit "C" attached hereto and made a part hereof by reference (the "Temporary Construction Easement") and as depicted on Exhibit "B", to use for access, staging, and placement of materials, equipment and supplies in conjunction with construction activities for the construction and installation of public utilities provided for by the Utility Easement (the "Construction Activities"), with said Temporary Construction Easement expiring upon the completion of the Construction Activities or two years from the date the City of Denton takes possession of the Temporary Construction Easement property, which ever occurs first The Utility Easement and Temporary Construction Easement are hereinafter collectively called the "Easements" SECTION 2 The City Council finds that there is a public necessity and public need to acquire the Public Utility 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 $24,000 00 (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 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 L PASSED AND APPROVED this the � day of 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTER§, CITY SECRETARY BY 1�J\ APPR ED A TO LEGAL FORM HE BE DUTY, CITY ATTORNEY BY Page 2 5 wur WcmnenuWkinmea�o,Woe Condpunpion O,Nwn<e Mo EXHIBIT A Surveyors & Engineers of North Texas 1521 Amanda Court Ponder Texas 76259 Ph (940) 482 2906 FAX (940) 482 2911 Toll Free (677) 481 SENT www senleorp com RAY ROBERTS WATER LINE PARCEL #4 TRACT I 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 comer 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 comer 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 comer 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 comer thereof and continuing with the East line of the 92 701 acre tract a distance of 4$3 1 feet to the PLACE OF BEGINNING and enclosing 0 568 acres 4 �..•�'�cr'c.e f UQ� vim./ aLv vvM+w xN[if[LL Mnf �ao.w[vf[u l�l l i[Le� 9[v+Lao VL LI I}n ."a ruse an m EXHIBIT B p j^9;0 i I 1 I p A ^ n m o Azpr OAy - R• M r'60 � mg82� n n m a..swaa-°o .vn m>r ' �nav n I,numoaamo, Lmo+wa >nnunro. ' v aLLn . auxoo I na+ .cr me a.+m I � I A 7gl �6� I i F py O mg :R I 1 x x A A � R i I z C4 w I � 0 0 V m A y g$ O I co r' S rn u e - � Y R T N 4 �I x � I % PARCEL #4 NOE LANDS UTILITY EASEMENT EXHIBIT CHEEK SY A 227 & WILLIAMS SY A 1417 COUNTY OF UENTON TEXAS I � T— 1660 30Vd/9CBZ 3W/n70A I rn;a 30N M A381330 1 01 1 xn)a R/V11N3d 3 SINN30 S31YOV N31 0377VO paL�i^ 1.r1T u I � aw�✓an.xi+ 1 ruw>wvn r a+ror. (+ WI I� .. I 1, 9`!c<t, til� yp L� Survey s s DATE 02-06-01 N o g f h e e r of SCALE 1 =50 T e C p S, I n c DRAWN KYJR CHECKED WMC EXHIBIT C Surveyors & Engineers of North Texas 1621 Amanda Court Ponder Texas 76259 Ph (940) 482 2906 FAX (940) 482 2911 Toll Free (877) 481 SENT www senlcorp com RAY ROBERTS WATER LINE PARCEL #4 TRACT 2 30' TEMPORARY CONSTRUCTION EASEMENT FIELD NOTES to all that certain tract of land situated in the 1 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 J 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 1 t 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 1 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 1 Monhetmtzly 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