2004-002ORmNANCE NO.
AN ORDINANCE AMENDING AND SUPERCEDING ORDINANCE NO. 2002-408,
DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE
AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING AN EASEMENT IN
AN APPROXIMATE 8.91 ACRE TRACT OR PARCEL OF LAND FOR ELECTRIC UTILITY
PURPOSES BEING A PART OF THE M.T. COLE TRACT DESCRIBED IN DEED
RECORDED IN VOLUME 249, PAGE 387 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS, SAID PROPERTY BEING LOCATED 1N THE B.B.B. AND C.R.R.
SURVEY, ABSTRACT NO. 176, DENTON COUNTY, TEXAS, AND AN EASEMENT IN
AN APPROXIMATE 16.30 ACRE TRACT OR PARCEL OF LAND FOR ELECTRIC
UTILITY PURPOSES BEING A PART OF THE M.T. COLE TRACT DESCRIBED IN DEED
RECORDED IN VOLUME 249, PAGE 387 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS, SAID PROPERTY BEING LOCATED IN THE J. KJELBERG SURVEY
ABSTRACT NO. 1610, THE J. BACON SURVEY ABSTRACT NO. 1540, THE I. HEMBRIE
SURVEY ABSTRACT NO. 594, THE J. DALTON SURVEY ABSTRACT NO. 353, AND
THE I. BYERLY SURVEY ABSTRACT NO. 1458, DENTON COUNTY, TEXAS;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO
PURCHASE THE PROPERTY FOR JUST COMPENSATION 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 ELECTRIC UTILITY FACILITIES AND
INSTALLATION; DECLARING AN EFFECTWE DATE. (WEST ELECTRIC PROJECT)
WHEREAS, the City Council pursuit to Ordinance No. 2002-408 (the "Prior Ordinance")
determined that a public necessity exists and that public welfare and convenience required the
acquisition of approximately 1.31 and 16.30 acre tracts or parcels of land for electric utility
easement purposes with such easement rights being in the name of the City of Denton, Texas as
more particularly described in the Prior Ordinance (the "Prior Easement"); and
WHEREAS, after unsuccessfully attempting to agree on compensation and damages due
the owners of the Prior Easement property, the City Attorney filed a condemnation proceeding to
acquire the Prior Easement, such case being styled City of Denton, Texas v. Susan Bonnet Mead,
Jack DonaM Cole, Amy Cole Griffin, Trustees of the M. Z Cole Trust Numbers 1, 2, 3 and 4, and
the Texas Scottish Rite Hospital, as their interest may appear, and Trio Consulting &
Management, LLC, in the Probate Court of Denton County, Texas (the "Condemnation
Proceedings"); and
WHEREAS, subsequent to the filing of the Condemnation Proceedings it has been
determined that there is a need for additional easement area and the Prior Easement needs to be
amended to include the additional easement area; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. Public necessity exists and public welfare and convenience require the
acquisition of approximately 8.91 and 16.30 acre tracts or parcels of land for electric utility
easement purposes as more particularly described in Exhibit "A" and Exhibit "B", respectively,
attached hereto and made part of by reference (the "Easement Property" or "Easement"). The
Easement is an electric utility easement is the name of the City of Denton, Texas in, over, and
across the Easement Property to construct, reconstruct, install, repair and perpetually maintain
electric utility facilities. All other utilities are excluded fitom using the Easement Property except
that such other utilities will be permitted to cross the Easement in such manner as will not
interfere with the City's electhc facilities. The Owner shall have the right to use the Easement
Property for any purpose not inconsistent with the City's full enjoyment of the Easement rights
of the City, except as otherwise specified herein. Such rights include the right to use the surface
of the Easement Property for parking, driveways, sidewalks and landscaping. No buildings or
other permanent structures will be permitted within the Easement Property, except for such
structures that are approved in advance in writing by the City. Such approval may be withheld if
in the City's sole judgment the structure will interfere with City's then existing or proposed
electric facilities.
SECTION 3. The City Manager or his designee is hereby authorized and directed to
make an offer for the Easement to the owner of the Easement Property, based on just
compensation recommended by an independent appraisal prepared at the City Manager's
direction. The City Council finds that based on said independent appraisal, the fair market value
including damages to the remainder, if any, for the Easement is in the total amount of $73,734.°°
All previous offers in said amount, if any, are hereby ratified.
SECTION 4. In the event the offer as described in Section 3 is not accepted by the owner
of the Property, the City Attorney or his designee is hereby authorized and directed to amend the
Condemnation Proceedings to include the acquisition and condemnation of the Easement in
place of the Prior Easement or take whatever action that may be necessary against the owner and
any other parties having an interest in the Easement Property to acquire the Easement. The cost
and expense of such acquisition shall be paid by the City of Denton, with such easement interests
being in the name of the City of Denton.
SECTION 5. If it should be subsequently determined that additional parties other than
those named herein have an interest in the Easement 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 6. This ordinance supercedes Ordinance No. 2002-408. However, all prior
actions taken by the City Attorney, or his designee, to acquire the Prior Easement are in no way
invalidated but are herein ratified.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the {)'~ dayof ~,~/~---,2004.
Page 2
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:(
BY:
ERTL. PROUTY, CITY ATTORNEY
Page 3
Porcel 1 EXHIBIT "A"
All thor certoin lot, troct, or porcel situoted in the B.B.B. ond C.R.R. Survey
Abstract Number 176, Denton County, Texos, ond being o port of the M.T.
Cole Troct described in the deed recorded in Volume 249, Poge 387, of the
Deed Records of Denton County, Texos ond the subject troct being more
porticulorly described os follows;
BEGINNING ot the southwest corner of o Tronsmission line eosement described
in the deed recorded in Volume 009, Poge 227, of the Deed Records of
Denton County, Texos, ond being Stotion 347+89.74 of Form-to-Morket Rood
Number 2449;
THENCE South 89 Degrees 44 Minutes O1 Seconds West olong or neor o fence
in the north right-of-woy line of sold rood o distonce of 472.08 feet to o
point for corner;
THENCE North O0 Degree 11 Minutes 26 Seconds West o distonce of 235.00
feet to o point for corner;
THENCE North 89 Degrees 44 Minutes 01 Seconds Eost o distonce of 2992.05
feet to o point for corner in the west line of o Texos Municipol Power Agency
Eosement os recorded in Volume 5, Poge 706, Lis Pendens Records of Denton
County, Texos;
THENCE South O0 Degrees 16 Minutes O1 Seconds Eost with the'soid west line,
o distonce of 110.00 feet to o point for the southeost corner of the herein
described eosement ond in o north line of o Tronsmission Line Eosement os
recorded in Volume 9, Poge 227, Lis Pends Records of Denton County, Texos;
THENCE South 89 Degrees 44 Minutes 01 Seconds West with the soid
Tronsmission Line Eosement, o distonce of 2520.29 feet to a point for corner;
THENCE South O0 Degrees 16 Minutes 12 Seconds Eost, o distonce of 125.00
feet to the POINT OF BEGINNING ond contoining 8.91 ocres of Iond.
This Plot correctly represents the results of on on-the-ground survey mode
under my direction ond supervision on 12-'18-00. There ore no visible or
opPorent intrusions, protrusions or eosements except os shown hereon.
J.E. THOMPSON II R.P.L.S. No 4857 Date
NOTE: Survey doto bosed upon G.P.S. observotions, informotion inturpoloted
from NAD 83 coordinote system.
Poge 1 of 2
Reviewed B~: J,E.T.~10-08-03
~/~ x~~ JOB NUMBER: 001241-l-PARCEL1
' DRAWN BY: RB REV3:
~I~ CHECKED BY: J.E.T.
,T&NC~ DATE: 3-5-03 REV4:
A R.P.L.S. REV6:
SURVEYING J.E.T.
EXHIBIT "B"
Description
Parcel 2
All that certain lot, tract, or parcel of land situated in the J. Kjelberg Survey Abstract
Number 1610, J. Bacon Survey Abstract Number 1540, I. Hembrie Survey Abstract
Number 594, J. Dalton Survey Abstract No. 353 and the I. Byerly Survey Abstract
Number 1458, in the Denton County, Texas and being a part of the M.T.Cole Tract
Described in the deed recorded in Volume 249, Page 387, of the Deed Records of Denton
County, Texas, the subject tract being more particularly described as follows;
BEGINNING at a point in the centerline intersection of Underwood Road and Spring
Side Road said point bears South 89 Degrees 44 Minutes 01 Seconds East from the
Northeast corner of the M.T. Cole Tract described in Volume 249, Page 387;
THENCE along or near the centerline of Underwood Road the following calls;
South 00 Degrees 02 Minutes 50 Seconds East a distance of 2096.86 feet to a point for
corner;
South 07 Degrees 30 Minutes 38 Seconds West a distance of 94.27 feet to a point for
comer;
South 12 Degrees 02 Minutes 42 Seconds West a distance of 71.93 feet to a point for
corner;
South 07 Degrees 18 Minutes 17 Seconds West a distance of 127.71 feet to a point for
corner;
South 00 Degree 12 Minutes 51 Seconds West a distance of 141.23 feet to a point for
corner;
South 04 Degrees 30 Minutes 27 Seconds East a distance of 190.15 feet to a point for
corner;
South 03 Degrees 27 Minutes 14 Seconds East a distance of 57.88 feet to a point for
corner;
South 01 Degrees 43 Minutes 16 Seconds East a distance of 43.18 feet to a point for
corner;
South 02 Degrees 36 Minutes 19 Seconds West a distance of 103.35 feet to a point for
corner;
South 03 Degrees 31 Minutes 44 Seconds West a distance of 98.52 feet to a point for
corner;
South 02 Degrees 31 Minutes 15 Seconds West a distance of 112.60 feet to a point for
corner;
South 04 Degrees 53 Minutes 00 Seconds West a distance of 214.44 feet to a point for
corner;
South 04 Degrees 01 Minutes 05 Seconds West a distance of 174.44 feet to a point for
corner;
South 03 Degrees 09 Minutes 38 Seconds West a distance of 329.07 feet to a point for
corner;
THENCE South 00 Degrees 44 Minutes 07 Seconds West a distance of 1002.42 feet to a
point for corner in the North line of a Texas Municipal Power Agency transmission line
easement described in Volume 5, Page 706, of the Liz Pendens Records of Denton
County, Texas and with the North line of said easement the following calls and distances;
North 89 Degrees 35 Minutes 02 Seconds West a distance of 83.90 feet to a point for
corner;
North 89 Degrees 34 Minutes 51 Seconds West a distance of 843.39 feet to a point for
corner;
North 88 Degrees 13 Minutes 35 Seconds West a distance of 599.10 feet to a point for
corner;
North 89 Degrees 29 Minutes 49 Seconds West a distance of 2791.54 feet to a point for
corner;
South 89 Degrees 44 Minutes 00 Seconds West a distance of 2428.19 feet to a point for
corner;
THENCE North 00 Degrees 31 Minutes 04 Seconds East leaving the North line of said
Easement a distance of 36.89 feet to a point for corner;
THENCE North 89 Degrees 52 Minutes 16 Seconds East a distance of 2592.22 feet to a
point for corner;
THENCE South 89 Degrees 26 Minutes 06 Seconds East a distance of 4070.26 feet to a
point for corner;
THENCE North 01 Degrees 09 Minutes 55 Seconds East a distance of 4811.99 feet to a
point for corner;
THENCE South 89 Degrees 44 Minutes 01 Seconds East a distance of 85.07 feet to the
PLACE OF BEGINNING and containing 16.30 acres of laod, more or less of which 3.85
acres lies in Underwood Road;
This Description correctly represents the results of an on-the-ground survey made under
my direction and supervision on 12-18-00.
J.E. THOMPSON Il R.P.L.S. No 4857 Date