2002-345.1, . w
ORDINANCE NO. ,2? QOR" 0'9~
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 1.18 ACRE TRACT OR PARCEL OF LAND FOR ELECTRIC
UTILITY PURPOSES BEING PART OF A TRACT CONVEYED TO WILLIAM F.
CHESTER BY DEED RECORDED IN VOLUME 4989, PAGE 1571 OF THE REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS, SAID PROPERTY BEING
LOCATED IN W. NEIL SURVEY, ABSTRACT NO. 970, 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 an approximate 1.18 acre tract or parcel of
land for electric utility easement purposes with such easement rights vesting in the City of
Denton, Texas; and
WHEREAS, the hereinafter described property is believed to be owned by William F.
Chester ("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 an approximate 1.18 acre tract or parcel of land for electric utility easement
purposes as more particularly described in Exhibit "A", attached hereto and made part of by
reference (the "Property").
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 $12,150.0().
All previous offers in said amount are hereby ratified.
SECTION 3. The City Council finds that the Owner and the City cannot reasonably agree
on the acquisition of the Easement due to certain conditions which the Owner has required which
affect the City's ability to exclude other utilities from using the Easement property. The City
Council specifically finds there is a public need and necessity for the Easement to be an
exclusive easement. Therefore, 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 for electric utility purposes. The cost and expense of such
acquisition shall be paid by the City of Denton, with such easement interests being acquired 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 lb day of 2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ( A v A 47J//J"- 1'1~tr
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
EXHIBIT A
Legal Description
Parcel 4
Being all that certain lot, tract or parcel of land situated in the W. Neil Survey Abstract Number 970, in
Denton County, Texas, and being part of that certain tract of land described in deed to John Dee Appleby,
Trustee, recorded in Volume 2549, Page 277 of the Real Property Records of Denton County, Texas, and
being more particularly described as follows:
BEGINNING at the southeast corner of said Appleby tract, said point being at the apparent most easterly
southeast comer of said Neil Survey;
THENCE North 88 degrees 51 minutes 35 seconds West a distance of 69.25 feet to a point for comer;
THENCE North 00 degrees 31 minutes 13 seconds East a distance of 750.90 feet to a point for comer;
THENCE South 88 degrees 52 minutes 29 seconds East a distance of 67.58 feet to a point for corner;
THENCE South 00 degrees 23 minutes 35 seconds West along the west line of said Appleby tract a
distance of 750.93 feet to the POINT OF BEGINNING and containing approximately 1.18 acres of land
more or less of which 0.58 acres lies in 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.
KENNEJH A. ZOLLI_N ER R.Plt No 5312 Date
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