2003-190O mANCE NO.
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF A SANITARY SEWER EASEMENT IN, OVER, ON, ACROSS, AND UNDER AN
APPROXIMATE 0.7827 ACRE TRACT OR PARCEL OF LAND, A TEMPORARY
CONSTRUCTION EASEMENT CONTAINING APPROXIMATELY 0.2878 ACRES OF
LAND, AND A TEMPORARY CONSTRUCTION EASEMENT CONTAINING
APPROXIMATELY 1.0946 ACRES OF LAND, ALL TRACTS BEING LOCATED IN THE
MARY L. AUSTIN SURVEY, ABSTRACT NO. 4 IN DENTON COUNTY, TEXAS AND
BEING PART OF A TRACT OR PARCEL OF LAND OWNED BY KENT KEY AND JOHN
RAINEY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN
OFFER TO PURCHASE THE EASEMENTS FOR THEIR JUST COMPENSATION AND 1~
SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY 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 Kent Key and
John Rainey and (the "Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Public necessity exists and pubhc welfare and convenience require the
acquisition of the following:
a sanitary sewer easement in the name of the City of Denton, Texas for the construction,
reconstruction, installation and maintenance of sanitary sewer utihties, in, over, on,
across, and under that certain tract or parcel of land containing approximately 0.7827
acres as more particularly described in Exhibit "A", attached hereto and made a part
hereof by reference (the "Sanitary Sewer Easement") and as depicted on Exhibit "D",
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 certain tract or parcel of land containing approximately 0.2878 acres 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 "D", and a
temporary construction easement in the name of the City of Denton, Texas on and across
that certain tract or parcel of land containing approximately 1.0946 acres as more
particularly described in Exhibit "C" attached hereto and made a part hereof by reference
(the "Temporary Construction Easement") and as depicted on Exhibit "D", 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 Easement (the "Construction Activities"), with said
Temporary Construction Easements expiring upon the completion of the Construction
Activities or two years fi.om the date the City of Denton takes possession of the
Temporary Construction Easement property, which ever occurs first.
The Sanitary Sewer Easement and Temporary Construction Easements are hereinafter
collectively called the "Easements".
SECTION 2.. The City Council finds that there is a public necessity and public need to
acquire the Sanitary Sewer Easement and the Temporary Construction Easements 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 $5,000.00 (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 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 acquire 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 the / ~ -- day of ~ ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:~~HERBERT L. Y, Y ATTORNEY
Page 2
PARCEL NO. 6
PECAN CREEK SANITARY SEWER INTERCEPTOR
CITY OF DENTON
EXHIBIT "A"
PERMANENT SANITARY SEWER EASEMENT
MARY L. AUSTIN SURVEY, ABSTRACT NO. 4
DENTON COUNTY, TEXAS
SITUATED in the City of Denton, Denton County, Texas and being a strip ofland out of the Mary L.
Austin Survey, Abstract No. 4 and being out of a 34.05 acre tract of land conveyed to Kent Key and
John Rainey by deed recorded in Volume 3378, Page 138 of the Deed Records of Denton County,
Texas (D.R.D.C.T.), said strip of land being heroin described as a proposed variable width Permanent
Sanitary Sewer Easement and being heroin more particularly described by metes and bounds as
follows:
BEGINNING at a point on the southerly property line of the said Key and Rainny tract and on the
northerly property line ora tract of land conveyed to StaffRealty, Inc. by deed recorded in Denton
County Clerk's File No. 94-006845 of the D.R.D.C.T.; said point being located South 84 degrees 17
minutes 55 seconds East 318.92 feet from the southwest property corner of the said Key and Rainey
tract;
THENCE, North 57 degrees 38 minutes 45 seconds East 178.09 feet to a point;
TliENCE, South 79 degrees 02 minutes 59 seconds East 454.16 feet to a point;
THENCE, North 63 degrees 38 minutes 18 seconds East 588.36 feet to a point;
THENCE, North 63 degrees 49 minutes 01 second East 223.33 feet to a point;
THENCE, North 76 degrees 21 minutes 48 seconds East 13.49 feet to a point on the easterly property
line of the said Key and Rainey tract and on tlm westerly right-of-way line of Loop 288;
THENCE, South 00 degrees 42 minutes 41 seconds West, along the said property line and said right-
of-way line, 25.31 feet to a point on the northerly edge of an existing 10 foot wide easement recorded
in Volume 504, Page 604 of the D.R.D.C.T.;
THENCE, South 63 degrees 49 minutes 25 seconds West, along the said edge of the existing
easement, 819.15 feet to a point;
THENCE, North 78 degrees 56 minutes 53 seconds West, continuing along the said edge of the
existing easement, 449.97 feet to a point;
THENCE, South 58 degrees 38 minutes 19 seconds West, continuing along the said of the existing
easement, 144.57 feet to a point on the said southerly property line of the Key and Rainey tract and on
the said northerly property line of the Staff Realty tract;
THENCE, North 84 degrees 17 minutes 55 seconds West, along the said property lines, 36.68 feet to
the POINT OF BEGINNING.
The proposed Permanent Sanitary Sewer Easement being herein described contains 0.7827 acres
(34,094 square feet) ofland.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM
PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE
GROUND AND THAT SAME 1S TRUE AND CORRECT.
Company Name: Spooner and Associates, Inc.
Shaun Spooner ~'
Registered Professional Land Surveyor,
Texas No. 4183
Date of Survey: 1-21-03
PARCEL NO. 6
PECAN CREEl( SANITARY SEWER INTERCEPTOR
CITY OF DENTON
EXHIBIT"B"
TEMPORARY CONSTRUCTION EASEMENT
MARY L. AUSTINSURVEY, ABSTRACT NO. 4
DENTON COUNTY, TEXAS
SITUATED in tbe City of Denton, Denton County, Texas and being a strip of land out &the Mary L.
Austin Survey, Abstract No. 4 and being out ora 34.05 acre tract &land conveyed to Kent Key and
John Rainey by deed recorded in Volume 3378, Page 138 of the Deed Records &Denton County,
Texas (D.R.D.C.T.), said strip of land being bemin described as a proposed 45.00 foot wide
Temporary Constraction Easement and being berein mom particularly described by metes and
bounds as £ollows:
BEGINNING at a point on the southerly property line of the said Key and Rainey tract and on tbe
northerly property line ora tract of land conveyed to StaffRealty, Inc. by deed recorded in Denton
County Clerk's File No. 94-006845 of the D.R.D.C.T. said point being located South 84 degrees 17
minutes 55 seconds East 245.92 feet from the southwest property corner of the said Key and Rainey
tmct;
TIIENCE, North 57 degrees 38 nfinutes 45 seconds East 253.44 feet to a point;
THENCE, South 79 degrees 02 minnies 59 seconds East 71.80 feet to a point;
THENCE, Soutb 10 degrees 57 minutes 01 second West 45.00 feet to a point;
TItENCE, Nortb 79 degrees 02 minutes 59 secoods West 53.93 feet to a point;
THENCE, Soath 57 degrees 38 minutes 45 seconds West 178.09 feet to a point on the said southerly
property line of the Key and Rainey tract and on the said northerly property line &the Staff Realty
tract;
THENCE, North 84 degrees 17 nfinutes 55 seconds West, along tile said property lines, 73.00 feet to
the POINT OF BEGINNING.
The proposed Temporary Construction Easement being berein described contains 0.2878 acres
(12,538 square feet) &land.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM
PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON TIlE
GP, OUND AND THAT SAME IS TRUE AND CORRECT.
Company Name: Spooner and Associates, Inc.
Registered Professional Laad Surveyor,
Texas No. 4183
Date of Survey: 1-21-03
PARCEL NO. 6
PECAN CREEK SANITARY SEWER INTERCEPTOR
CITY OF DENTON
EXHIBIT "C"
TEMPORARY CONSTRUCTION EASEMENT
MARY L. AUSTIN SURVEY, ABSTRACT NO. 4
DENTON COUNTY, TEXAS
SITUATED in the City of Denton, Denton County, Texas and being a strip of land out of the Mary L.
Austin Survey, Abstract No. 4 and being out ora 34.05 acre tract of land conveyed to Kent Key and
John Rainey by deed recorded in Volume 3378, Page 138 of the Deed Records of Denton County,
Texas (D.R.D.C.T.), sakl strip &land being heroin described as a proposed 45.00 foot wide
Temporary Construction Easement and being herein mom particularly described by metes and
bounds as follows:
BEGINNING at a point on the easterly property line of the said Key and Rainey tract and on the
westerly right-of-way line of Loop 288, said point being located North 00 degrees 42 minutes 41
seconds East 314.65 feet from the southeast property comer of tile said Key and Rainey tract;
THENCE, Sooth 76 degrees 21 minutes 48 seconds West 13.49 feet to a point;
THENCE South 63 degrees 49 minutes 01 second West 223.33 feet to a point;
THENCE South 63 degrees 38 minutes 18 seconds West 588.36 feet to a point;
THENCE North 79 degrees 02 minutes 59 seconds West 238.78 feet to a point;
THENCE North 10 degrees 57 minutes 01 second East 45.00 feet to a point;
THENCE South 79 degrees 02 minutes 59 seconds East 223.58 feet to a point;
THENCE Norlh 63 degrees 38 minutes 18 seconds East 573.24 feet to a point;
THENCE North 63 degrees 49 minutes 01 second East 228.35 feet to a point;
THENCE North 76 degrees 21 minutes 48 seconds East 29.94 feet to a point on the said easterly
property line of the Key and Rainey tract and on the said westerly right-of-way line of Loop 288;
THENCE, South 00 degrees 42 minutes 41 seconds West, along the said property line and right-of-
way Iine, 46.45 feet to the POINT OF BEGINNING.
The proposed Temporary Construction Easement being herein described contains 1.0946 acres
(47,679 square feet) of land.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM
PUBLIC RECORDS AND FROM AN ACTUAL AND ACCUILATE SURVEY UPON THE
GROUND AND THAT SAME IS TRUE AND CORRECT.
Company Narne: Spooner and Associates, Inc.
Shaun Nlm(mcr ~
Registered Professional Land Surveyor,
Texas No, 4183
Date &Survey: 1-21-03
..... EXHIBIT "D"
SURVEY: MARY L. AUSTIN, A-4 EASEMENT AREA: PARCEL NO.: 6
LOCATION: DENTON, DENTON CO., TEXAS PERMANENT: 0.7827 AC. TEMPORARY: 1.3824 AC.
DRAWING Of EXHIBITS "A" , "B" & "C"I
~%.~~~ 77.5r o ~ o ~ ...... ,,~,, LOOP 288
I N76'2~'48"E 29.9"~ ~ :t
N76'21'48"E 1&49'~ ~25.31
'VOL. 1029, PG. 281 ~, ~ ~ /
___' ?.J.J.~.J._ ............. ~ ~ k,~ ....... _~
.~.u*~.T S*~,T*~ S~ ~*S~EN~/ ~;~
0.7827 AC. (34,094 SQ. FT.) ¢~ ~
..... ~ -~ ,
o ~5o' 3oo' ~ ~ ~/
K N K J N ~, i N78 56 55 W 449.97
E T EY~ OH RAINEY ~ / ~, ~ '" , '
3~.05 AC. ~, ~/ ~S79~259 E 454.16
VOL 3578, PG. 138 45.~o'.
S10'5701 W~ , ~ STA~ REAL~ INC.
D,R.D.C.T. ~ I ~O.C,C,F.NO, 94-006845
R.P.R.D.C.T. ~'~ ~S58'~8'lg"W 144.57'
, '~'~ ~ ~ P.O.B. EXHIBIT "A"
~MPORARY CONSTRUCqON EASEMENT P.O.B. EXHIBIT B q/s84~755
0.2878 AC. (12,538 SQ. FT.) PL S84'~7'55"E 245.92~
PECAN CREEK SANITARY SEWER INTERCEPTOR
CI~ OF DENTON
215 E. McKINNEY ~ su~
S~O0~R ~ ~OC, 7417 CONTINENTAL TR. DATE OF SURV~: 1-21-03
REGISTERED PROFESSIONAL NORm RICH~ND HILLS, TEXAS S~ JOB NO. 1118-4-02
LAND SURVEYORS 76180 817-281-2355 ACAO FILE 1lIS-PECAN-ESOT