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Home My WebLink About2000-267S \Our Documents\Ordinances\00\Bum"ondemnatton_Ordtnance_FM 1830_1 doc ORDINANCE NO o?OOD a�a AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 189 ACRE PERMANENT PUBLIC UTILITY EASEMENT AND AN APPROXIMATE 0 259 ACRE TEMPORARY CONSTRUCTION EASEMENT BOTH LOCATED IN THE B B B& C R R CO SURVEY, ABSTRACT NO 196 AND IN THE J W WITHERS SURVEY, ABSTRACT NO 1343, DENTON COUNTY TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE 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 CONSTRUCTING UTILITIES ALONG F M HIGHWAY 1830, 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 for the F M Highway 1830 Electric Project, and WHEREAS, the hereinafter described property is believed to be owned by Marvin (M C ) Burch, Richard L Burch and Nelda Grace Burch Hackett (the "Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That public necessity exists and public welfare and convenience require the acquisition of the following a a permanent public utility easement in the name of the City of Denton, Texas in, over and across that certain tract or parcel of land containing approximately 0 189 acre as more particularly described in Exhibit "A' and illustrated in Exhibit "B", attached hereto and made a part hereof by reference, to construct, reconstruct, install, repair and perpetually maintain public utility facilities (the "Permanent Public Utility Easement") b a temporary construction easement in the name of the City of Denton, Texas in, over and across that certain tract or parcel of land containing approximately 0 259 acre as more particularly described in Exhibit "C" and illustrated in Exhibit `B", attached hereto and made a part hereof by reference, to provide access and construction staging for the installation of electric power and communication lines (the "Temporary Construction Easement") The Temporary Construction Easement shall expire two years after the City of Denton takes possession of the Permanent Public Utility Easement The Permanent Public Utility Easement and the Temporary Construction Easement are hereinafter collectively called the "Property" SSEECTION 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 a public utility easement in the name of the City of Denton, Texas in the Permanent Public Utility Easement property and to acquire a temporary construction easement in the name of the City of Denton, Texas in the Temporary Construction Easement property The cost and expense of such acquisitions shall be paid by the City of Denton SECTION 4 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 5 This ordinance shall become effective immediately upon its passage and approval / PASSED AND APPROVED this the �rL day of 2000 EULINE BROCK, MAYOR ATTEST' WALTERS, CITY,SECRETARY r 1 MIA APPROVED A5,W LEGAL FARM HERBERT 44OUTY, Clyy ATTORNEY m Page 2 S Wur OccvmmuW,dlnmw,Wtl9urth tbmemndon ONineroe PMIBlO 1 tloc Surveyors & Engineers of North Texas GREG EDWARDS P E WILLIAM COLEMAN R P L S 1621 Amanda Court Ponder Taxes 78289 Ph (940) 482 2906 FAX (940) 482 2911 Toll free (877) 481 SENT www sentcorp corn EXHIBIT A 20 Foot Utility Easement FIELD NOTES to all that certain tract of land situated in the B B B & R R Co Survey Abstract Number 196 and the J Withers Survey Abstract Number 1343, Denton County, Texas and being a part of the called 255 acre First Tract described in the deed from Don B McKlurkan et al to V D Burch recorded in Volume 239, Page 191 of the Deed Records of Denton County, Texas, the subject tract being more particularly described as follows BEGINNING for the Northeast corner of the tract being described herein at a '/s inch iron rod found on the North line of the said 255 acre tract at its intersection with the West right-of-way of F M Highway 1830 and the Southeast corner of the called 37 87 acre tract described in the deed from Bobbie M Simms to Connie M Altemus recorded in Volume 901, Page 774 of the said Deed Records, THENCE South 00 Degrees 48 Minutes 47 Seconds East with the West right-of-way of F M Highway 1830 a distance of 427 1 feet to a fence comer post on the Northeast right-of-way of G C &S F Railroad as occupied, THENCE North 35 Degrees 22 Minutes 08 Seconds West with the occupied Northeast right-of-way of the G C &S F Railroad a distance of 35 3 feet to the Southwest comer of the herein described easement, THENCE North 00 Degrees 48 Minutes 47 Seconds West across the 255 acre tract 20 feet West of and parallel with the West right-of-way of F M Highway 1830 a distance of 398 3 feet to the North line of the 255 acre tract and the South line of the said 37 87 acre tract from which a Y2 inch square iron rod found at the Southwest corner thereof bears North 89 Degrees 57 Minutes 51 Seconds West a distance of 277 2 feet, THENCE South 89 Degrees 57 Minutes 51 Seconds East along a wire fence with the North line of the 255 acre tract and the South line of the 37 87 acre tract a distance of 20 0 feet to the PLACE OF BEGINNING and enclosing 0 189 of an acre of land EXHIBIT 1181 w CkLEO 31 BI AC ift BOBOBBIE M BIMMS 0 OIEB NI/P i774 at 8 VOL —• ,� e9 S8.9' 57' 1 "E ,� ' 2a�a 3 20 I a, ` o N i c fil � U F rp CALLED AC FIRST TR 1 3 `1 DON B MCKWRKAN at al TO "y F 'p V 239/PR1B1 1 1 ml BBBBC RR Co SY A-190 a WITHERS SY A-1343 EXHIBIT TTB' BURCH PROPERTY CITY OF DENTON DENTON COUNTY, TEXAS ill = 50' DRAWN MGD CHECKED WMC 1 1 I 1 ' O 1 � 6 1 t"- 1 B�I e8 C a0 I N R 1 IN)< • L i 06 1 13 is 3 w n � z CO 00 v b 1 £ O O MARTIN SY A-900 £ Z N RYAN ROAD 1 1 � — 1 1 I \ 1 1 1 1 I A 1 1 i f Surveyors & Engineers of North 1JI Texas, Inc 1021 AIMNDA wuNT PONDER TEXAS 1B]SB PHTNO W M FN119WI02 "II TOLL FREE(67 18ENT �WWW SENTOORP CONSENTCORP CON Surveyors & Engineers of North Texas DREG EDWARDS P E WILLIAM COLEMAN R P L S 1621 Amanda Court Ponder Texas 76259 Ph (040) 482 2906 FAX (940) 482 2911 Toll free (877) 481 SENT www sentcorp com EXHIBIT C 30 Foot Temporary Construction Easement FIELD NOTES to all that certain tract of land situated in the B B B & R R Co Survey Abstract Number 196 and the I Withers Survey Abstract Number 1343, Denton County, Texas and being a part of the called 255 acre First Tract described in the deed from Don B McKlurkan et al to V D Burch recorded in Volume 239, Page 191 of the Deed Records of Denton County, Texas, the subject tract being more particularly described as follows BEGINNING for the Northeast comer of the tract being described herein on the North line of the said 255 acre tract, North 89 Degrees 57 Minutes 51 Seconds West a distance of 20 0 feet from the West right-of-way of F M Highway 1830 and the Southeast corner of the called 37 87 acre tract described in the deed from Bobbie M Simms to Connie M Altemus recorded in Volume 901, Page 774 of the said Deed Records, THENCE South 00 Degrees 48 Minutes 47 Seconds East across the 255 acre tract 20 feet West of and parallel with the West right-of-way of F M Highway 1830 a distance of 398 3 feet to the Northeast right-of-way of G C &S F Railroad as occupied, THENCE North 35 Degrees 22 Minutes 08 Seconds West with the occupied Northeast right-of-way of the G C &S F Railroad a distance of 52 9 feet to the Southwest comer of the herein described easement, THENCE North 00 Degrees 48 Minutes 47 Seconds West across the 255 acre tract 50 feet West of and parallel with the West right-of-way of F M Highway 1830 a distance of 355 2 feet to the North line of the 255 acre tract and the South line of the said 37 87 acre tract from which a %, inch square iron rod found at the Southwest corner thereof bears North 89 Degrees 57 Minutes 51 Seconds West a distance of 247 2 feet, PO THENCE South 89 Degrees 57 Minutes 51 Seconds East along a wire fence with the North line of the 255 acre tract and the South line of the 37 87 acre tract a distance of 30 0 feet to the PLACE OF BEGINNING and enclosing 0 259 of an acre of land