2007-197' ~ ' ' s:Aour documents\ordinances107Aclcar creek ss - condemnatlon ordimncc - noe easemenLdoc
ORDINANCE NO. ~c DD ` "~9
AN ORDINANCE DECLARING THAT A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 1.267 ACRE SANITARY SEWER AND REUSE
WATER EASEMENT LOCATED IN THE .IOHN CHEEK SURVEY, ABSTRACT NO. 227
AND BEING WITHIN A PARCEL OF LAND CONVEYED TO JEFFREY W. NOE AND
WIFE, JEANLE T. NOE BY DEED RECORDED IN VOLUME 2879, PAGE 544 OF THE
REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE
CITY ATTORNEY, OR HIS DESIGNEE, TO ACQUIRE THE EASEMENT THROUGH
AGREEMENT OR EMINENT DOMAIN; 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 public necessity exists, public welfare and convenience require, and
the City of Denton does hereby exercise its home-rnle and statutory authority to acquire by
agreement or eminent domain, a sanitary sewer and reuse water easement in the name of the City
of Denton, Texas for the constrnction, reconstmction, installation and maintenance of sanitary
sewer and reuse water lines, related facilities and appurtenances in, over, on across and under
that certain parcel or tract of land containing approximately 1.267 acres as more particularly
described and illustrated in Exhibit "A" attached hereto and made a part hereof by reference (the
"Easement" or "Easement Property').
SECTION 2. The City Attorney or his designee shall have the authority to do all things
necessary and appropriate to acquire the Easement through agreement or eminent domain. The
City Council delegates to the City Attomey, or his designee the details of accomplishing this
objective including but not limited to obtaining final surveys, title insurance, engineering
matters, title search, appraisals, offers, proper documentation, and filing and prosecuting eminent
domain proceedings.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval. '" ~,,
PASSED AND APPROVED this the __~~ day of ~i~>i~GIS~/t-, 2007.
c`
PE R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
AP OVED S TO LEGAL F RM:
EDWIN M. SNYD~ER~CITY~T)TORNEY
BY:
Page 2
EXHHiIT "A"
CITY OF DENTON
CLEAR CREEK INTERCEPTOR PROJECT
PARCEL No. 4
PERMANENT SANITARY SEWER EASEMENT
JOHN CHEEK SURVEY, ABSTRACT No. 227
CITY OF DENTON
DENTON COUNTY, TEXAS
Being a 55.0' permanent sanitary sewer easement out of the John Cheek Survey, Abstract No.
227, Denton County, Texas and being a portion of a 92.70] acre tract of land (by deed) deeded to
Jeffrey W. Noe and wife, Jeanie T. Noe as recorded in Volume 2879, Page 544 of the Deed
Records of Denton County, Texas,.said 55.0' wide permanent sanitary sewer line being more
particulazly described by metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod found for a corner in the east line of said 92.701 acre
tract of land, said 1/2 inch iron rod being the southeast comer of a 140 acre tract of land (by
dead) deeded to Chain 7 Ranch, L.P. as recorded in County Clerk File No. 97-R0025593 of the
Deed Records of Denton County, Texas, said 1/2 inch iron rod also. being the most northerly
northeast comer of a 283.734 acre tract of land (by deed) deeded to Donald J. Carter and
recorded in Volume 4807, Page 1320 of the Deed Records of Denton County, Texas, from which
a 2 inch steel fence post found for the southwest comer of said 92.701 acre tract of land bears
South 00 degrees 39 minutes 12 seconds East, a distance of 1110.56 feet, said 2 inch steel fence
also being an interior ell comer in the north line of said 283.734 acre tract of land; THENCE
North 00 degrees 53 minutes 41 seconds East, with the west line of said 92.701 acre tract of land
and with the east line of said 140 acre tract of land, a distance of 1047.13 feet the POINT OF
BEGINNING of said permanent sanitary sewer easement, having grid coordinates of
N=7,151,386.430 and E=2,395,058.248;
THENCE North 00 degrees 53 minutes 41 seconds East, with the west line of said 92.701 acre
tract of land and with the east line of said 140 acre tract of land, a distance of 55.25
feet to a point for corner;
THENCE North 85 degrees 28 minutes 59 seconds East, a distance of 76039 feet to a point for
comer;
(Exhibit "A") Page 1 of 3
GORRONDONA ~ ASSOCIATES, INC. 670] BRENTWOOD STAIR RD SURE 50 FORT WORTH, TEXAS ]6112 8173961424 FAX 8174961768
THENCE North 77 degrees 18 minutes 03 seconds East, a distance of 226.79 feet to a point for
comer in the northeasterly line of said 92.701 acre tract of land, said point also being
in the southwesterly line of a 292.369 acre tract of land (by deed) deeded to Donald J.
Carter as recorded in Volume 4807, Page 1320 of the Deed Records of Denton
County, Texas, said point also being in Clear Creek, from which a point for comer in
the northeasterly line of said 92.701 acre tract of land bears North 32 degrees 22
minutes 41 seconds West, a distance of 699.70-feet, said point being a comer in the
southwesterly line of said 292.369 acre tract of land;
THENCE South 32 degrees 22 minutes 41 seconds East, with the northeasterly line of said
92.701 acre tract of land and with the southwesterly line of said 292.369 acre tract of
land, a distance of 58.41 feet to a point for comer, from which a point for comer in
the northeasterly line of said 92.701 acie tract bears South 32 degrees 22 minutes 41
seconds East, a distance of 160.14 feet, said point also being a comer in the southwest
line of said 292.369 acre tract of land;
THENCE South 77 degees 18 minutes 03 seconds West, a distance of 250.40 feet to a point for
corner;
THENCE South 85 degrees 28 minutes 59. seconds West, a distance of 769.53 feet to the
POINT OF BEGINNING and containing 55,196 squaze feet or 1.267 acres of land,
more or less.
NOTE: Bearings and coordinates aze referenced to the Texas Coordinate System, NAD-83, The
North Central Zone, based on NGS Monument "MASCH" and the City of Denton GPS
Monument No. 2007 with a combined scale factor for this project of 0.9998537560,
distances and areas shown are surface
* SURVEYOR'S CERTIFICATE
TO ALL PARTIES INTERESTED IN T[TLE TO THE PREMISES SURVEYED, I DO
HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM
PUBLIC RECORDS AND FORM AN ACTUAL AND ACCURATE SURVEY UPON THE
GROUND AND THAT SAME IS TRUE AND CORRECT.
Company Name: Gorro ona & Associates, Inc.
By:
eyo ' ame: Jon .Cooper
gistered Professional and Surveyor ~P~ G~FEgF-{9Q
Texas No. 5254 ~:e ~~- ea ;u' ~
JON L. COOPER
Date of Survey: May 22 , 2003 "' 4""°"" ~: "'
~~ •.90 5254 ~;. Q''
(Exhibit "A") Page 2 of 3 9i1,,; ::;;'.•~{O,~
GORRONDONA & ASSOCIATES. MC. 670] BRENTWOOD STAIR RD SURE 50 FORT WORTH. TEXAS 76112 617396-1474 FAX 817-0961768
PLAT OF EXHIBIT "A"
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VOL. 2879, PG. 544
IPERIY LINE
P. 0. C. o.R.o.c.r.
1/2"IRON
ROD FNO.
LINE TABLE
LINE fiEARWG DISTANCE
L-1 N '41" 55.25
l-2 N 7718'0 226.]9
L-3 3 'II" 56.41
l-4 771 '03°W 250.40
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(A POST FOUND
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PROPERTY jJNE SCALE IN FEET
283.]Sa ACRES (BY OEEO)
DONALD J. CARTER NOTE: ALL BEARINGS ARE REFERENCED TO THE TEAS
VOI. 480], PG. 1320 COORDINATE SYSTEM, NAD-fiJ. THE NORTH CENTRAL WHOLE PROPERTY AND LOCATION
D. R.D.C.i. ZONE, RASED ON. NGS NONUNENT 'MASCH' ANO MAP OF EASEMENT
THE CNY OF DEN70N GPS MONUMENT /2007 WITH
A COMBINED SCALE FACTOR OP 0.9998537560.
REVISED: 07/06/2007 05TANCES AND AREAS SHOWN ARE SURFACE.
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a~ CITY OF DENTON, TEXAS ~ ~..°'r~'~+~~'~~
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1 NTON- 215 E. MCKINNEY DENTDN, TEXAS 76207 n~ ~~, ,`-.°" '`~.,~'~i
CLEAR CREEK INTERCEPTOR PROJECT pr_,, qi
:EL NO. 4 ~oJON L. COJ. . <1)
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PROFESSIONAL