2002-408FILE REFERENCE FORM 2002-408
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initial
Superceded by Ordinance No. 2004-002 01/06/04
ORDINANCE NO. _r-~:2~ - 4~
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
AN EASEMENT 1N AN APPROXIMATE 1.31 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, SAD PROPERTY BEING LOCATED IN 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, SAD 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, 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 EFFECTIVE DATE. (WEST ELECTRIC PROJECT)
WHEREAS, it is hereby determined that a public necessity exists and that public welfare
and convenience hereby require 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; and
WHEREAS, the hereinafter described property is believed to be owned by the M. T. Cole
Trust ("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 approximately 1.31 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 from 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 electric 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 fights
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 not interfere with City's then existing or proposed
electric facilities.
SECTION 2. 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 $42,312.®.
All previous offers in said amount are hereby ratified.
SECTION 3. In the event the offer as described in Section 2 is refused by the Owner of
the Property, 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 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 4. If it should be subsequently determined that additional parties other than
those named herein have an interest in said 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 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /0 ¢' day of~~.~, 2002.
EUL1NEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
BY: - f / / ~'
Page 2
Exhibh A'
All that certain lot, tract, or parcel situated in the B.B.B. and C.R.R. Survey Abstract
Number 176, 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 and the subject tract being more particularly described as follows;
BEGINNING at the Southwest comer of a Transmission line easement described in the
deed recorded in Volume 009, Page 227, of the Deed Records of Denton County, Texas,
and being Station 347+89.74 of Farm-to-Market Road Number 2449;
THENCE South 89 Degrees 44 Minutes 01 Seconds West along or near a fence in the
North right-of-way line of said Road a distance of 472.08 feet to a point for comer;
THENCE North
point for comer;
THENCE North
point for comer;
THENCE South
point for comer;
THENCE South
point for comer;
THENCE South
point for comer;
THENCE North
point for comer;
THENCE South 00 Degree 16 Minutes 01 Seconds East a distance of 83.86 feet to The
PLACE OF BEGINNING, and containing 1.31 acres more or less;
00 Degree 11 Minutes 26 Seconds West a distance of 125.00 feet to a
89 Degrees 43 Minutes 59 Seconds East a distance of 471.91 feet to a
00 Degree 16 Minutes 01 Seconds East a distance of 21.14 feet to a
89 Degrees 43 Minutes 59 Seconds West a distance of 88.86 feet to a
00 Degree 16 Minutes 01 Seconds East a distance of 20.00 feet to'a
89 Degrees 43 Minutes 59 Seconds East a distance of 88.86 feet to a
This Plat correctly represents the results of an on-the-ground survey made under
my direction and supervision on 06-13-01.
There are no visible or apparent intrusions, protrusions or easements except as
shown hereon,
K'ENNF~ A. Z,~LLtI~ER R.P.L.S. No 5312
Exhibit B
All that certain lot, tract, or pnrcel of land situated in the J. Kjelberg Survey Abstract Number 1610, J.
Bacon Survey Abstract Number 1540, I. Hembrie Survey Abstract Number 594, nnd the I. Byerly Survey
Abstract Number 1458, in the Denton County, Texan and being a part of the M.T.Cole Tract Described in
the deed recorded in Volume 249, Pnge 387, of the Deed Records of Dentun County, Texan, the subject
tract being more pnrticulnrly 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, a distance of 29.41 feet fxom the Northeant comer of
called 6.00 acre l~act in the Dalton Survey nnd the Northeast comer of the M.T. Cole Tract described in
Volume 249, Page 387;
THENCE along or nenr the centerline of Underwood Road the following calls;
South 00 Degrees 02 Minutes 50 Seconds Eant a distance of 2096.86 feet to a point for comer;
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 comer;
South 07 l~egrees 18 Minutes 17 Seconds West a distance of 127.71 feet to a point for comer;
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 Eant a distance of 190.15 feet to a point for comer;
South 03 Degrees 27 Minutes 14 Seconds East a distance of 57.88 feet to n point for comer;
South 01 Degrees 43 Minutes 16 Seconds East a distance of 43.1 $ feet to a point for comer;
South 02 Degrees 36 Minutes 19 Seconds West n distance of 103.35 feet to n point for comer,
South 03 Degrees 31 Minutes 44 Seconds West a distance of 95.52 feet to n point for comer;
South 02 Degrees 31 Minutes 15 Seconds West a distance of 112.60 feet to a point for comer;
South 04 Degrees 53 Minutes 00 Seconds West a distance of 214.44 feet to a point for comer;
South 04 Degrees 01 Minutes 05 Seconds West a distance of 174.44 feet to a point for comer;
South 03 Degrees 09 Minutes 38 Seconds West a distance of 329.07 feet to n point for comer;
THENCE South 00 Degrees 44 Minutes 07 Seconds West a distance of 1002.42 feet to a point for comer in
the North line ora transmission line eanement described in the deed recorded in Volume 009, Pnge 227, of
the Deed Records of Dentun County, Texns and with the North line of said ensement the following calls
and distances;
North 89 Degrees 35 Minutes 02 Seconds West a distance of 35.00 feet to a point for comer;
North 89 Degrees 34 Minutes 51 Seconds West a distance of 843.39 feet to a point for comer;
North gg Degrees 13 Minutes 35 Seconds West a distance of 599.10 feet to a point for comer,
North 89 Degrees 29 Minutes 49 Seconds West a distance of 2791.54 feet to a point for comer,
South 89 Degrees 43 Minutes 59 Seconds West a distance of 2425.18 feet to a point for comer;
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 comer;
THENCE North 89 Degrees 52 Minutes 16 Seconds East a distance of 2589.20 feet to a point for comer;
THENCE South 89 Degrees 26 Minutes 06 Seconds East a distance of 4070.26 feet to a point for comer;
THENCE North 01 Degrees 09 Minutes 56 Seconds East a disiance of 4852.52 feet to a point for comer;
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 land, more or less of which 3.85 acres lies in Underwood
Road;
This Plat correctly represents the results of an on-the-ground survey made under my direction and
supervision on 12-18-00,
There are no visible or apparent intrusions, protrusions or easements except as shown hereon.
^. LL ER P.L.S. o.53 2 Date