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.
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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
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5502
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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