2004-151ORDINANCE NO.
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0.759 ACRE SANITARY SEWER AND REUSE WATER
EASEMENT AND AN APPROXIMATE 0.926 ACRE TEMPORARY CONSTRUCTION
EASEMENT BOTH OF WHICH ARE OUT OF A TRACT OR PARCEL OF LAND
DESCRIBED IN THAT CERTAIN DEED TO ROBERT W. CALLAHAN AS RECORDED IN
VOLUME 4656, PAGE 164 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY,
BEING LOCATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330 AND THE
MOREAU FOR_REST SURVEY, ABSTRACT NO. 417, IN DENTON COUNTY, TEXAS;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO
PURCHASE THE EASEMENTS FOR THEIR JUST COMPENSATION AND I~ SUCH
OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY OR HIS DESIGNEE TO
INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO
ACQUIRE THE PROPERTY; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, it is hereby determined that a public necessity exists and that public welfare
and convenience hereby require the acquisition of the real property interests as hereinafter
described; and
WHEREAS, the hereinafter described property is believed to be owned by Robert W.
Callahan (the "Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Public necessity exists and public welfare and convenience require the
acquisition of the following:
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 utilities, in, on, across, and under that certain tract or parcel of land conta'ming
approximately 0.759 acre as more particularly described in Exhibit "A", attached hereto
and made a part hereof by reference (the "Sanitary Sewer and Reuse Water Easement")
and as depicted on Exhibit "C", attached hereto and made a part hereof by reference;
a temporary construction easement in the name of the City of Denton, Texas on and
across that certa'm tract or parcel of land containing approximately 0.926 acre as more
particularly described in Exhibit "B" attached hereto and made a part hereof by reference
(the "Temporary Construction Easement") and as depicted on Exhibit "C", to use for
access, staging, and placement of materials, equipment and supplies in conjunction with
construction activities for the construction and installation of sanitary sewer utilities
provided for by the Sanitary Sewer and Reuse Water Easement (the "Construction
Activities"), with said Temporary Construction Easement expiring upon the completion
of the Construction Activities or one (1) year from the date the City of Denton takes
possession of the Temporary Construction Easement property, which ever occurs first.
The Sanitary Sewer and Reuse Water Easement and Temporary Construction Easement are
hereinafter collectively called the "Easements".
SECTION 2. The City Council £mds that there is a public necessity and public need to
acquire the Sanitary Sewer and Reuse Easement and the Temporary Construction Easement in
the size, scope, width, and dimensions of the Easements and for the for the purposes stated in this
ordinance.
SECTION 3. The City Council finds that $24,400 (the "Compensation") is just
compensation for the Easements including damages to the remainder, if any, said sum being
based on an independent appraisal obtained by the City. The City Manager or his designee is
hereby authorized and directed to make an offer for the Easements to the owner of the property
containing the Easements (the "Property") in the amount of the Compensation.
SECTION 4. In the event the offer as described in Section 3 is refused or not accepted
by the Owner, the City Attorney or his designee is hereby authorized and directed to file the
necessary condemnation proceedings or suit and take whatever action that may be necessary
against the Owner and any other parties having an interest in the Property to acqtiire the
Easements in the name of the City of Denton, Texas, as provided in Section 1 above.
SECTION 5. If it should be subsequently determined that additional parties other than
those named herein have an interest in the 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 shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this tNe /~/t/'~ dayof ~t/~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Page 2
EXHIBIT "A"
Page 1 of 3
25' UTILITY EASEMENT
GIDEON WALKER SURVEY, ABSTRACT NO. 1330
MOREAU FOREST SURVEY, ABSTRACT NO. 417
CITY OF DENTON
DENTON COUNTY, TEXAS
BEING a tract of land situated in the Gideon Walker Survey, Abstract No. 1330, and the
Moreau Forest Survey, Abstract No. 417, Denton County, Texas, and being a part ora
tract of land described by deed to Robert W. Callahan as recorded in Volume 4656, Page
1648 of the Real Property Records of Denton County, Texas, and being more particularly
described as follows:
BEGINNING at a 1/2 inch iron rod set in a northeast line of said Callahan tract and in
the southwest occupied line ofF. M. Road No. 426, also known as East McKinney Street,
same being South 55 degrees 12 minutes 51 seconds East, a distance of 288.51 feet from
a wooden right-of-way post found;
THENCE South 55 degrees 12 minutes 51 seconds East, with the south occupied line of
said F. M. Road No. 426, a distance of 25.00 feet to a 1/2 inch iron rod set, from which a
1/2 inch iron rod found at a northeasterly comer of said Callahan tract bears, South 54
degrees 38 minutes 39 seconds East, a distance of 310.55 feet;
THENCE South 35 degrees 09 minutes 12 seconds West, over and across said Callahan
tract, a distance of 607.87 feet to a 1/2 inch iron rod set for comer;
THENCE South 47 degrees 49 minutes 57 seconds West, continuing over and across said
Callahan tract, a distance of 705.88 feet to a 1/2 inch iron rod set in a south line of said
Callahan tract and in the north line of a tract of land described by deed to the City of
Denton as recorded under County Clerk's File No. 97-R0019639 of the Real Property
Records of Denton County, Texas,
THENCE North 86 degrees 59 minutes 04 seconds West, with the north line of said City
of Denton tract, a distance of 35.24 feet to a 1/2 inch iron rod set for comer, said point
being South 86 degrees 59 minutes 04 seconds East, a distance of 65.41 feet from a 1/2
inch iron rod found in the east line of an old gravel road;
THENCE North 47 degrees 49 minutes 57 seconds East, over and across said Callahan
tract, a distance of 727.94 feet to a 1/2 inch iron rod set for comer;
THENCE North 35 degrees 09 minutes 12 seconds East, continuing over and across said
Callahan tract, a distance of 604.93 feet to the POIIqT OF BEGINNING and containin~
0.759 of an acre of land more or less.
\~,'T~ .... :"'~'
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· ,ESS ,.
Page 2 of 3
· EXHIBIT "B"
30' TEMPORARY CONSTRUCTION EASEMENT
GIDEON WALKER SURVEY, ABSTRACT NO. 1330
MOREAU FOREST SURVEY, ABSTRACT NO. 417
CITY OF DENTON
DENTON COLrNTY, TEXAS
BEING a tract of land situated in the Gideon Walker Survey, Abstract No. 1330 and the
Moreau Forest Survey, Abstract No. 417, Denton County, Texas, and being a part of a
tract of land described by deed to Robert W. Callahan as recorded in Volume 4656, Page
1648 of the Real Property Records of Denton County, Texas, and being more particularly
described as follows:
BEGINNING at a 1/2 inch iron rod set in a northeast line of said Callahan tract and in
the southwest occupied line ofF. M. Road No. 426, also known as East McKinney Street,
same being South 55 degrees 12 minutes 51 seconds East, a distance of 288.51 feet from
a wooden right-of-way post found;
THENCE South 35 degrees 09 minutes 12 seconds West, over and across said Callahan
tract, a distance of 604.93 feet to a 1/2 inch iron rod set for comer;
THENCE South 47 degrees 49 minutes 57 seconds West, continuing over and across said
Callahan tract, a distance of 727.94 feet to a 1/2 inch iron rod set in a south line of said
Callahan tract and in the north line ora tract of land described by deed to the City of
Denton as recorded under County Clerk's File No. 97-R0019639 of the Real Property
Records of Denton County, Texas;
THENCE North 86 degrees 59 minutes 04 seconds West, with the north line of said City
of Denton tract, a distance of 42.49 feet to a point for comer, said point being South 86
degrees 59 minutes 04 seconds East, a distance of 23.12 feet from a 1/2 inch iron rod
found in the east line of an old gravel road;
THENCE North 47 degrees 49 minutes 57 seconds East, over and across said Callahan
tract, a distance of 754.42 feet to a point for comer;
THENCE North 35 degrees 09 minutes 12 seconds East, continuing over and across said
Callahan tract, a distance of 601.41 to a point in the southwest occupied line of said F. M.
Road No. 426;
THENCE South 55 degrees 12 minutes 51 seconds East, with the south occupied line of
said F. M. Road No. 426, a distance of 30.00 feet to the POINT OF BEGINNING and
containing 0.926 of an acre of land more or less, and being subject to any and all
easements that may affect.
EXHIBIT "C" ~ Page $ of $
MOREAU FOREST SURVEY, ABSTRACT NO. 417
GIDEON WALKER SURVEY, ABSTRACT NO. 1330
25' Utility Easement
]0' Construction £osernent
S5572'51, "E
25. O0
/
/
, Sewer Easement
Vol. 695, Pg. ,750
---25' Utility Easement
O. 759 Acre
-- 30' Temporary Construction £osement
~926 Acre
EXHIBIT
£5' UTIMTY EASEMENT
and
30' Temporar/ ConsJruc~ion Easemen~
GID~N F~R SUR~ ~S~CT NO. 1330
and
NO.AU ~ST SUR~ ~S?~C? NO. 417
CITY OF DENTON
~~TON COUNT~ TE~S
rthur Surveying Co., Inc.
'...ESS ."
N86'59'O4"W
35.24'
~ of Denton
Clerk's ,F,/,Te No. 97-ROOIgGJ9
DATE: 2/17/2004
SCALE: 1"= 200'
CALC. BY: M.B.A.
DRAWN BY: M,B.A.
JDE NO.: 640010541
JOB NO.: 2312101
~,~=ALLAH AN -EASEMENT. DWG