2007-199_ ~ s:\our documents\ordinances107\dear creek ss -condemnation ordinmice - hannah easemen[.doc
ORDINANCE NO. ~OD'J" ~q~/
AN ORDINANCE DECLARING THAT A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF AN APPROXIMATE 3.956 ACRE SANITARY SEWER AND REUSE
WATER EASEMENT LOCATED IN THE JONATHAN DOUTHITT SURVEY, ABSTRACT
NO. 329 AND BEING WITHIN A PARCEL OF LAND CONVEYED TO MARK HANNAH,
JR. BY DEED RECORDED IN VOLUME 4322, PAGE 1746 OF THE REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY ATTORNEY, OR
H1S 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-rule 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 construction, reconstruction, 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 3.956 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 Attorney, 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 _/~/~L day of~~/- ia~"'~-'L' 2007.
~~~ -
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP ----
EDP
BY:
Page 2
EXHIBIT "A"
CITY OF DENTON ,~,~?
CLEAR CREEK INTERCEPTOR PROJECT
PARCEL No. 1
',,
PERMANENT SANITARY SEWER EASEMENT ~~~
JONATHAN DOUTHITT SURVEY, ABSTRACT No. 329 ,
CITY OF DENTON
DENTON COUNTY, TEXAS
Being a 55.0' permanent sanitary sewer easement out of the Jonathan Douthitt Survey, Abstract "
No. 329, Denton County, Texas and being a portion of a 247.38 acre tract of land (by deed) ~,
deeded to Mark Hannah, Jr., as recorded in Volume 4322, Page 1746 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 mag nail in asphalt found for the southeast corner of said 247.38 acre
tract of land, "said mag nail being in Hartley Field-Road, said mag. nail also being the southwest
corner of a 207.54 acre tract of land (by deed) deeded to the City of Denton as recorded in '
Volume 4505, Page 45] of the Deed Records of Denton County, Texas; THENCE North Ol ~~~,
degrees 19 minutes 02 seconds East, with east line of said 247.38 acre tract of land and with the P
west line of said 207.54 acre tract of land, passing at a distance of 5,333.40 feet a 1/2 inch iron
rod with cap stamped "Alliance" found for reference, in all, a distance of 5,334.56 feet to the ~~,•
POINT' OF BEGINNING of said permanent sanitary sewer easement, having grid coordinates
ofN=7,151,290.574 and E=2,406,507.941; ,
THENCE South 59 degrees 21 minutes 15 seconds West, a distance of 501.56 feet to a point for
comer;
THENCE North 88 degrees 22 minutes 38 seconds West, a distance of 309.91 feet to a point for
comer;
THENCE North 64 degrees 39 minutes 18 seconds West, a distance of 1430.86 feet to a point +`
for comer; ;,
THENCE North 84 degrees 25 minutes 52 seconds West, a distance of 889.84 feet to a point for
corner in the most northerly west line of said 247.38 acre tract of land and being in ;
the most northerly east line of a' 1083.5749 acre tract of land (hy deed) deeded to
Donald J. Carter and wife, Linda~Jo Carter as recorded in County Clerk File No. 94- ''
R0065442 of the Deed Records of Denton County, Texas, from which a 6 inch wood ; ;
comer post found for an exterior ell comer in the west line of said 247.38 acre tract of •:.
land beazs South Ol degrees 20 minutes 28 seconds West, a distance of 1567.05 feet,
said 6 inch wood comer post being an interior ell corner in the east line of said ;
1083.5749 acre tract of ]and;
(Exhibit "A")'Page 1 of4
GORRONDONq & ASSOCIATES, MC. 6707 BRENTWOOD STAIRRD SUITE 5(I FORT WORTH, TEXAS 76112 8171961424 FAX 8tl-496-1766 oa
_.. _. :.;
L, ,
THENCE North O1 degees 20 minutes 28 seconds East, with the most northerly west line of
said 247.38 acre tract of land and with the most northerly east line of said 1083.5749 '"'
acre tract of land, a distance of 55.15 feet to a point for corner;
THENCE South 84 degees 25 minutes 52 seconds East, a distance of 903.50 feet to a point for _~
corner;
THENCE South 64 degees 39 minutes 18 seconds East, a distance of 1428.89 feet to a point for
comer;
THENCE South 88 degees 22 minutcs 38 seconds East, a distance of 282.45 feet to a point for
corner;
.'~
THENCE North 59 degees 21 minutes 15 seconds East, a distance of 5]9.97 feet to a point for
comer in the east line of said 247.38 acre tract of land and being in the west line of
said 207.54 acre tract of land;
THENCE South Ol degrees 19 minutes 02 seconds West, with the east line of said 247.38 acre
tract of land and with the west line of said 207.54 acre tract of land, a distance of '
64.83 feet to the POINT OF BEGINNING and containing 172,342 square feet or ~ '
3.956 acres of land, more or less.
NOTE: Bearings and coordinates arc 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 combitied scale factor for this project of 0.9998537560,
distances and areas shown aze surface
* SURVEYOR'S CERTIFICATE
TO ALL PARTIES INTERESTED IN TITLE 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: Gorrot~dona & Associates; lnc.
By:
i eyor's Name: Jon ~,. Coopcr
gistered Professional Land Surveyor, Texas No. 5254
Date of Survey: Mav 13 , 2003 S
(Exhibit "A") Page 2 of 4
GORRONDONA & ASSOCIATES. RJC.
6]0] BRCNTWOOD STAIR RD SUfI'E 50 FORT WORTH, TIXAS 76112
817-096102d FAX 817-096-1768
~~
PLAT OF EXHIBIT "A"
247.38 ACRES (BY DEED)
MARK HANNAH, JR.
VOL. 4322, PG. T 746
D.R.D.C.T.
LINE TABLE
LINE i BEARMG D15TANCE
N w 309.91
282.45
1'1 '0 w 65.46
N '/2' 25.00
N 01' 8 4].63
N 1' "E 17.55
s rls' w 26.52
r
5
,~
~.
0 150 300 600
SCALE IN FEET
1/2'IRON R00 ~~~
CAP STANPEO
O 5737.40' ki
_i
55.00'
$ANRARY
(172,342 50.
EASENENT
3.956 ACRES)
20].54 ACRES (BY DEED)
CITY OF pENTON
VOL. 4505. PG. 451
D.R.O.C.T.
247.38 ACRES (BY DEED)
MARK HANNAH, JR.
VOL. 4322. PG. 1746
D.R. D.C.T.
JONATHAN DOUTHITT SUR
ABSTRACT No. 329
P.
MAG NAI
~RDpE~ R=LINE IN
HARTLEY FIELD ROAD
II ZONE. BASED ON NCS MONUNEM~ N V ~~~• R~II `
' ASCH" AND
THE CRY OF DENTON CPS NONUNENT (/2007 WITH
A COMBINED SCALE FACTOR OF 0.9 998 5 7 75 60,
DISTANCES ANO AREAS SHAWN ARE SURFACE
REVISED: 07/06/2007
a~ CITY OF DENTON, TEXAS
DENTON 215 E. MCKINNEY DENTON, TEXAS 76201
PEftMONEIfI
E0.5EMENT
A
WHOLE PROPERTY AND LOCATION
MAP Of EASEMENT
JON L••CCOP~~•
PLAT OF EXHIBIT "A"
N al'20'28"E
55.15'
1083.5749 ACRES
(BY DEE01
OONALbb J. CARTER &
WIFE, LINDA JO CARTER
OOC. a9a-R0065aa2
D.R.D.C.T.
N
55.00'
SANITARY
(172.312 50.
247.38. ACRES (BY DEED)
MARK HANNAH, JR.
VOI. 4322,.PG. 1746
D.R.D!C.T.
HAN DOUTHITT SURVEY
BSTRACT No: 329
t
PROPERTY UNE
1083.5749 ACRES
NOTE: ALL BEARINGS AqE REFERENCED TO THE TEXAS ((BY DEED
,
R
COORDINATE SYSTEM. NAO-83, THE NORTH CENTRAL ~ OONAIb J. CA
ER k
ZONE, BASED ON NGS MONUMENT "MASCH" AND WIFE. LINDA JO CARTER
THE CRY OF OENTON GPS MONUMENT 4200] WITH DOC. a94-R0065142
A COM81NE0 SCALE FACTOR OF 0.9998637560, 0 RA.C 1.
DISTANCES AND AREAS SHOWN ARE SURFACE. -,
REVISED: 07/06/2(
o. CITY OF DENTON, TEXAS
DENTON 215 E. MCKINNEY DENTON, TEXAS 76201
CLEAR CREEX INTERCEPTO R :PROJECT
Vie.; .. -.
~r
~4
d
0 X50 300 600
SCALE IN FEET
PERNNIENT
EPSENFNT
,3
WHOLE PROPERTY AND LOCATIO
MAP OF EASEMENT ....
C -(~ OF T,~ i .
~~ ~I 6 T c •:~ i
.~ t;i L. CG^v?cR
i,~• •CFC O~^ v
' ~' •F2S4~•r•~~.
1/~~~e ~. 651
R
Ip
OPER
ED PROFESSIONAL SURVEY[
I t24 FAX 817/496-1768