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2010-249salegal\our documents\ordinances\10\wolslci acquisition ordinance-final.doc ORDINANCE NO. -2010-249 AN ORDINANCE FINDING THAT A PUBLIC PURPOSE AND NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE ACQUISITION THROUGH AGREEMENT OR EMINENT DOMAIN OF AN APPROXIMATE 0.787 ACRE UTILITY EASEMENT AND A 1.431 ACRE TEMPORARY CONSTRUCTION EASEMENT FOR THE RELOCATION AND INSTALLATION OF MUNICIPAL UTILITIES RELATING TO THE JIM CHRISTAL DOUBLE CIRCUIT, AND THE COMBINED HEAT AND POWER UTILITY PROJECTS SITUATED IN THE JOHN SCOTT SURVEY, ABSTRACT NUMBER 1222, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and the use and benefit to accrue to the City of Denton, Texas; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Council finds that a public purpose and necessity exists, and that the public welfare and convenience require, and the City of Denton, Texas does hereby exercise its home-rule and statutory authority to acquire by agreement or through eminent domain, an approximate 30-foot wide permanent and perpetual utility easement; and an approximate 55-foot wide temporary construction easement, in, on, over, under, and across the subject tracts described in Exhibits "A-1" and "B-1" and Exhibits "A-2" and "B-2", respectively, all attached hereto and made apart hereof by reference (hereafter the "Easements"). The projects are referred to as the "Jim Christal Double Circuit", and the "Combined Heat and Power" plant facility. The City Council hereby finds and determines that the acquisition of the Easements through agreement or eminent domain is for a public purpose to provide public utilities, to serve the public and the citizens of the City of Denton, Texas. SECTION 2. The City Attorney, or her designee, shall have the authority to do all things necessary and appropriate to acquire the Easements through agreement or eminent domain. The City Council delegates to the City Attorney, or her designee, the details of accomplishing this objective including, but not limited to, obtaining final surveys, title insurance, engineering matters, title search, formulating and presenting offers, proper documentation, and filing and prosecuting eminent domain proceedings. SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 51i day of '2010. 1 MARK/A. BORROUGHIS, "MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY By: C~~ iu'r&~ & )a'~ 14 - APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: e 7v*j rthur Surveying Co., Inc. Rrv oar .tea Saxrveyoxs P.O. Box 54 M Lewisville, Texas 75067 Off ce: (972) 221-9439 - Fax: (972) 221-4675 Exhibit A-1 30' D.M.E. EASEMENT 0.787 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain' lot, tract or parcel of land situated in the John Scott Survey, Abstract ' . Number 1222, City of Denton, Denton County, Texas, and being a part of that certain tract of land deseribed in deed to Ed Wolski, Trustee, and Virginia Fryman, recorded in Volume 2895, Page 470 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of said Wolski and Fryman tract being the east line of that certain tract of land described in deed to the City of Denton, recorded under Instrument Number 2003-RO154306 of the Real Property Records of Denton County, Texas, from which. a PK Nail found at the northeast corner thereof bears North 08 degrees 53 minutes 42 seconds East, a distance of 54.28 feet; THENCE over, across and through said Wolski and Fryman tract the following two (2) calls: South 89 degrees 24 minutes 53 seconds East, a distance of 223.76 feet to a point for corner; South 89 degrees 45 minutes 23 seconds East, a distance of 916.18 feet to a point in the east line of said Wolski and Fryman tract; THENCE South 00 degrees 15 minutes 52 seconds West, with the east line of said Wolski and Fryman tract, a distance of 30.00 feet to a point for corner, THENCE over, across and through said Wolski and Fryman tract the following two (2) courses: North 89 degrees 45 minutes 23 seconds West, a distance of 916.26 feet to a point for corner, North 89 degrees 24 minutes 53 seconds West, a distance of 228.23 feet to a point in the east line of said City of Denton tract; THENCE North 08 degrees 53 minutes 42 seconds East, with the west line of said City of Denton tract, a distance of 3032 feet to the POINT OF BEGINNING, and containing 0.787 acres of land, more or less. c:12008kcod128 W - jim chd9W dme mscmernld=V80W5 esmt3-mvWd W.doc NORTH 100 0 100 Feet Searing system far this survey is band on the Revised Conveyance Plot of Lots 3. 4 and S. Block A of Legacy Crossing, on addition to the Clty of frisoa. Denton County. Taxes recorded In Ccbtrket Y. Page 436 of the Plot Records of Denton County. Texas. LINE TABLE LINE BEARING LENGTH L7 SO '1 '52"W 30.00' L2 N '42"E 30.32' L3 N '4 54.28' Blc ~k A. WeklAcres (Cab. M Pg. 131) 2 I Lot 1 Lot Brenda Bradford Head, et ux 78' UTILITY EASEMENT (Inst. No. 2005-82963) (CAB. M, PG. 131) 40' R.O.W. DEDICATION JI11I CHRISTAL ROAD PK AVA FAID, FK MAL Fha (CAB. M. PG 137) - A < 10? Si°1~fE fH0 N89'45'23'W S8Q 4523TE 215.78 207.40 9 `.P. ®.~3. S89-24'53"E S89'45'23"E 22g. 76' 916.18' 30' O.M.E. EASEWENT 0 787 ACRES c N897453W N89 45'23- M 228.23' 916.26' $ 1 Ed Wolslo, Trustee and U d Virtu Pryman z (Vol. 2895, Pg. 470) I Exhibit B-1 30' D.M_E. Easement 0.787 Acres in the John Scott Survey, Abet. No. 1222 City of Denton Denton County, Texas - 2009 - a^ 4-4 0 0 Arthur Surveying Co., Inc. Profession.W Land Surv'ey&= 9T2 22i 5+439 Fax 9M=1-01-075 220AAD sal S&W zoo - P.a .8= $4 Z--W*VW&v Taxes 73067 rthur Surveying Co., Inc. pzvfiessianal -Land SW-veyars P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 Exhibit A-2 TEMPORARY CONSTRUCTION EASEMENT 1.431 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the John Scott Survey, Abstract Number 1222, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Ed Wolski, Trustee, and Virginia Fryman, recorded in Volume 2895,. Page 470 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a PK Nail found for the northwest corner of said Wol ski and Fryman tract and the northeast corner of that certain tract of land described in deed to the City of Denton, recorded under Instrument Number 2003-RO154306 of the Real Property Records of Denton County, Texas, said point also being in and near the approximate centerline of Jim Christal Road, a public. roadway; THENCE South 89 degrees 45 minutes 23 seconds East, with the approximate centerline of said Jim Christal Road and passing a Railroad Spike at a distance of 215.76 feet and continuing for a total distance of 1131.79 feet to a '/z inch iron rod with a yellow cap stamped - "ARTHUR SURVEYING COMPANY" set for the northeast corner of said Wolski and Fryman tract; THENCE South 00 degrees 15 minutes 52 seconds West, with the east line of said Wolski and Fryman tract, a distance of 55.00 feet to a point for corner; THE over, across and through said Wolski and Fryman tract the following two (2) courses: North 89 degrees 45 minutes 23 seconds West, a distance of 916.18 feet to a point.for. corner; North 89 degrees 24 minutes 53 seconds West, a distance of 223.76 feet to a point in the east line of said City of Denton tract; THENCE North 08 degrees 53 minutes 42 seconds East, with the west line of said City of Denton tract, a distance of 54.28 feet to the POINT OF BEGINNING, and containing 1.431 acres of land, more or less. r O F~ ~~P ai's'r ` ..i 5502 ,yo.^FSS►o~: •-OVA/ c:12008\cod\280869 - jim christal dme easement\docs\280869 esmt3-temp const esmt.doc 5. ,o~A nmlr~ NORTH 100 0 100 Feet Bearing system based an the City of Denton CIS network. LINE TABLE LINE BEARING LENGTH L1 S00'15'52"W 55.0(' L2 S08'53'42"W - 54.28' Blok A WeirlAcres (Cab. M Pg. 131) Lot 2 I Lot 1 Brenda Bradford Head, et ux 16' UTILITY EASEMENT (Inst. No. 2005-82963) (CAB. MPG. 131) ~ - 40' R.O.W. DEDICATI ON JIM CHRISTAL ROAD (C.M.) PK ((~MiAIL FND. HPK . J (CAB. M. PG. 131) NAIL FND. S - , p 89 45 23 E SRKE FND 1131. 79' N89 45'23"W S87457237 207.40' N 215.76 I1. R.: TEMPORARY CONSTRUCTION ESMT. A,G r d• 1.431 ACRES N89 24'53W 223.7 N8 9 45'23'W 916 48' . . a 0 A ~ I I o ~a 88 I Ed Wolski, Trustee and Goo c Virginia Fryman Z (Vol. 2895, Pg. 470) s J oF o a . W. THAD MURLEY III .0 5802 yr ~ •~''90R o~P' Q' 9ti0 SUpv~yO Exhibit B-2 Temporary Construction Easement Arthur Surveying 1.431 Acres in the Co., Inc.. John Scott Survey, Abst. No. 1222 Professional Land Surveyor. City of Denton 972-221-9439 - Pax 9.72-221-4675 Denton County, Texas 2201 street, 5uife 200 - P .O. Box 54 -2010- Lewisville, Texas 75067