HomeMy WebLinkAbout2000-268S \Our Documents\Ordinances\00\Burch Condemnation_Ordmancel doc
ORDINANCE NO
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 1 599 ACRE PERMANENT PUBLIC UTILITY EASEMENT AND
AN APPROXIMATE 2 328 ACRE TEMPORARY CONSTRUCTION EASEMENT BOTH
LOCATED IN THE W ROARK SURVEY, ABSTRACT NO 1087 AND IN THE J SEVERE
SURVEY, ABSTRACT NO 1184, 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 U S HIGHWAY 377, 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 U S Highway 377 Water Main 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 1 599 acres 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 2 328 acres 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 one water pipeline (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"
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 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 day of , 2000
C_-
EULINE BROCK, MAYOR
ATTEST
JENN ER WALTERS, CIT SECRETARY
?OVED
c%=
TO LEGAL FORM
HERBERT CITY ATTORNEY
BY
Page 2
S Our OttuinaouWNlnunrMOR9urc� COMmioelion ONiwrcal tloc
EXHIBIT A
FIELD NorES
20' PERMANENT PUBLIC UTILI1 Y EASEMENT
1 599 ACRES
V D BURCH
Being all that certain lot, tractor parcel of land situated in the W Roark SniN et Absu ict
Number 1087 and the James Severe Survey, Abstract Number 1164 City of Denton Denton
County, Texas, being part of two tracts of land described in deeds to V D Burch a called 192
acre tract recorded in Volume 288, Page 137 and a called 10 acre tract recorded in Volume 219
Page 191 of the Deed Records of Denton County, Texas, and being more particularly described
as follows
BEGINNING at a point on the easterly line of said 192 5 acre Burch tract being on the
southeasterly right-of-way line of S Highway 377 according to Right of \\ as Deed iecordW
in Volume 287, Page 613 and Volume 287, Page 616 of the Deed Records of Denton CeLlmt
Texas, and being on the southerly line of that certain called 21 472 acre tract of land dcscrbed in
deed to the City of Denton recorded in Clerk s File Number 97 055783 of the Real Propcit%
Records of Denton County, Texas, said point being in a creek
THENCE S 15046'59" E, 22 99 feet, along the cast line of said Burch tract and the southerh hne
or said City of Denton tract, to a point that is 20 feet from at right angles to the sothlicasterb,
right-of-way line of U S Highway 377,
THENCE S 44039'03" W, 705 08 feet, parallel k ith and 20 feet from at right angles to the
southeasterly right-of-way line of said U S Highway 377, to a point
THENCE S 44002'24" W, 2268 69 feet, parallel with and 20 feet from at right angles to the
southeasterly right -of way line of U S Highway 377, to a point being at the point of can attire
of a curve to the left,
THENCE Southwesterly, parallel with and 20 feel from at right angles to the southe istci It right
of -way line of U S Highway 377, with the arc of said curve hat mg a radius of 3699 58 led i
central angle of 00°41' 17", whose chord bears S 43 041'45" W 44 43 feet an arc length of 44 41
feet to a point,
THENCE S 36053'39" W, 100 04 feet, parallel with and 20 feet from at right angles to the
southeasterly right-of-wau line of U S Highway 377, to a point
THENCE S 39"56'33" W, 32 25 feet, parallel with and 20 feet from at right angles to the
southeasterly right-of-way line of U S Highway 377, to a point
THENCE S 50003'27" E, 8 60 feet, to a point,
THENCE S 39"56'33" W, 89 00 feet parallel with and 28 6 feel from at right angles to the
southeasterly right of way line of U S Highway 377 to a point
THENCE N 50003'27" W, 8 60 feet to a point that is parallel with and 20 feet from it right
angles to the southeasterly right of way hne of U S Highway 377
THENCE S 39056'33" W, 119 14 feet, parallel with and 20 feet from at right angles to the
southeasterly right-of-way line of U S Highway 377 to a point
THENCE S 41054'43" W 69 07 feet, parallel with and 20 feet from at right angles to the
southeasterly right of -way line of U S Highway 377, to a point on the south line of said \ D
Burch 10 acre tract and the north line of that certain called 5 014 acre tract of land described in
deed to John Alan Ieffencs and Lan But Jefferies recorded in Volume 4220 Page 1171 of the
Real Property Records of Denton County, Texas ,
THENCE S 89020'59" W, 28 07 feel, along the south line of said Burch tract and the north line
EXHIBIT A continued
of said Jeffenes tract, to a'/i'capped rebar set on the southeasterly right of-\\ ay line of U S
Highway 377,
THENCE N 43054'43" E, 88 07 feet, along the southeasterly right of %%ay line of U S lilgha a\
377, to a concrete right of -way monument,
THENCE N 39056'33" E, 239 16 feel, along the southeasterly right of \\ ay line OR, S
Highway 377, to a point,
THENCE N 39053'39" E, 100 63 feel, along the southeasterly right of way line of U S
Highway 377 to a point being at the point of curvature of a curve to the right
THENCE Northeasterly along the southeasterly I Ight-of way Zinc of U S Hlgha IN 177 a nil
the arc of said curve having a radius of 3719 58 feet a central angle of 00°42 20' a hose chord
bears N 43 °41' 14" E, 45 80 feet, an arc length of 45 80 feet to a point
THENCE N 44002'24" E, 2268 00 feet, along the southeasterly right of wad line of U S
Highway 377, to a point,
I HENCE N 44'39'01 ' L, 717 34 Iccl, , along the southcastel Iy "gilt of Pd\ Ime al t ti
Highway 377, to the POINT Or BEGINNING and contavung apptoxunateh 1599 acres of I and
b
kmm 99163cas wild
KENr M MbBL I Y
Aa , 4796 N',.
MII80
C01118. AIpF
G01/ IfA916
UM9EM1
1As0S
IE181N
00. IEI191X
cl
I weir
is 011'6" W
n a
59MA
11.4
/A15
a
Mew
I M U411C F
27a1
sn931
1519
qm
CS
1 I111W
11141NEW1112111
1=2142
ICU
WOM
City of Donlon
97-RO55783
21 472 Acres
F
01
30' Temporary Construction Easement �
2 328 Acres
20' Utility Easement
1 599 Acres
rae
V D 8u rch
rVol 288 Pg 137
'a192 5 Acraa
BREAK LINE
1F0 03b, b
20 pte, 30' Tampon
y� Construction
i°'r`�+A 2 328 Acres
J s4o" d.. 20' Utility
Easement
i
NaBER
111610MI
18UICF
SPAW [
2Tm
m w
I"
rs9 u" w
r95 E
L61
1'%'ss" W
elm
r93 W
erar5nr
W
ROW
11914
r51'u w
oar
'A'A w
21arO
L
SWAT
31 E
MAI
Ir6'S1" E
3l!
113
S 5W53'A" M
911/
114
ISaW
bx
LIS
s YID w
all
b
1 599 Acres
E
X H I B I T
B
/
u
for
20'
Utility Easement
+
v D 9areh
V D Burch Tract
Vol
239, Pg
191
In the
FMe' LP S '1
1 0 A c r a a
W ROARK
SURVEY, ABSTRACT NO
ABSTRACT NO
1087
1164
J SEVERE
SURVEY
t/YWs� �A---J�6t�
CITY OF DENTON
US
DENTON
COUNTY, TEXAS
John Alan Jefferles
o-'
O
and Lon But Jeflerles
Vol 1373 J
S1Z, p,G
`5'CL
8.014 Acre Pg
.014 Acres
G
& A
Consultants
Consultants, _....� r
Ir
EXHIBIT C
FIELD NOTES
30' TEMPORARY CONSTRUCTION EASEMENT
2 327 ACRES
V D BURCH
Being all that certain lot, tract or parcel of land situated in the W Roark Survey, Abstract
Number 1087 and the James Severe Survey, Abstract Number 1164, City of Denton,
Denton County, Texas, being part of two tracts of land described in deeds to V D Burch,
a called 192 5 acre tract recorded in Volume 288, Page 137 and a called 10 acre tract
recorded in Volume 239, Page 191 of the Deed Records of Denton County, Texas, and
being more particularly described as follows
BEGINNING at a point on the easterly line of said Burch 192 5 acre tract and the
southerly line of that certain called 21472 acre tract of land described in deed to the City
of Denton recorded in Clerk's File Number 97-055783 of the Real Property Records of
Denton County, Texas, from which point the northerly corner of said Burch tract bears N
15°46'59" W, 22 99 feet, said point being 20 feet from at right angles to the southeasterly
nght-of-way line of U S Highway 377 and being in a creek,
THENCE S 15°46'59" E, 34 49 feet, along the easterly line of said Burch tract and the
southerly line of said City of Denton tract, to a point that is 50 feet from at right angles to
the southeasterly right-of-way line of U S Highway 377,
THENCE S 44039'03" W, 687 91 feet, parallel with and 50 feet from at right angles to
the southeasterly right-of-way line of U S Highway 377, to a point,
THENCE S 44002'24" W, 2268.53 feet, parallel with and 50 feet from at right angles to
the southeasterly nght-of-way line of U S Highway 377, to a point, being at the point of
curvature of a curve to the left,
THENCE Southwesterly, parallel with and 50 feet from at right angles to the
southeasterly right-of-way line of said U S Highway 377, with the arc of said curve
having a radius of 3669 58 feet, a central angle of 00°39'42", whose chord bears S
43°42'32" W, 42 38 feet, an arc length of 42 38 feet to a point,
THENCE S 36053'39" W, 99 14 feet, parallel with and 50 feet from at right angles to the
southeasterly right-of-way line of U S Highway 377, to a point,
THENCE S 39°56'33" W, 242 23 feet, parallel with and 50 feet from at right angles to
the southeasterly right-of-way line of U S Highway 377, to a point,
THENCE S 43054'43" W, 40 56 feet, parallel with and 50 feet from at right angles to the
southeasterly nght-of-way line of U S Highway 377, to a point on the south line of said
Burch 10 acre tract and the north line of that certain called 5 014 acre tract described in
EXHIBIT c continued
deed to John Alan Jeffenes and Lan But Jeffenes recorded in Volume 4220, Page 1373 of
the Real Property Records of Denton County, Texas,
THENCE S 89020'59" W, 42 11 feet, along the south line of said Burch 10 acre tract and
the north line of said Jeffenes tract, to a point that is 20 feet from at right angles to the
southeasterly right-of-way line of said U S Highway 377,
THENCE N 43054'43" E, 69 07 feet, parallel with and 20 feet from at right angles to said
U S Highway 377, to a point,
THENCE N 39056'33" E, 119 14 feet parallel with and 20 feet from at right angles to
said U S Highway 377, to a point,
THENCE S 50003'27" E, 8 50 feet, to a point that is 28 5 feet from at right angles to the
southeasterly right-of-way line of said U S Highway 377,
THENCE N 39056'33" E, 89 00 feet, parallel with and 28 5 feet from at right angles to
said U S Highway 377, to a point;
THENCE N 50003'27" W, 8 50 feet, to a point that is 20 feet from at right angles to the
southeasterly right-of-way line of said U S Highway 377,
THENCE N 39056'33" E, 32 25 feet, parallel with and 20 feet from at right angles to said
U S Highway 377, to a point,
THENCE N 36053'39" E, 100 04 feet, parallel with and 20 feet from at right angles to
said U S Highway 377, to a point, being at the point of curvature of a curve to the right,
THENCE Northeasterly, parallel with and 20 feet from at right angles to said U S
Highway 377, with the arc of said curve having a radius of 3699 58 feet, a central angle
of 00°41' 17", whose chord bears N 43041'45" E, 44 43 feet, an are length of 44 43 feet to
a point,
THENCE N 44002'24" E, 2268 69 feet, parallel with and 20 feet from at right angles to
said U S Highway 377, to a point,
THENCE N 44039'03" E, 705 08 feet, parallel with and 20 feet from at right angles to
said U S Highway 377, to the POINT OF BEGINNING and containing approximately
2 327 acres of land