2001-087AN O~r~CE DECLA~4~ A ~C ~C~SS~ ~X~S~S ~ ~
o~ ~ ~ox~*x~ 0 sJ~ .c~ t~ct o~ ~c~ o~ ~ ~o~ s,~t~
se~ ~SS~m e~os~s ~ *~ ~ox~*te 0 ~s .c~ ~ct o~
~C~L o~ ~ ~o~ T~o~ CO~S~CT~O~ ~s~ ~OS~S, ~o~
BErG P~T OF LOTS 1 & 2, BLOCK A OF THE ~DGATE PECAN ESTATES
~DITION, ~ ~DITION TO THE CITY OF DENTON SAID PROPERTY BErG
LOCAXSV ~ w ~so~ s~vsv, ~St~CT ~O 5S6, V~TO~ CO~XX TSXAS,
p~C~SE THE PROPERTY FOR ~ST COMPENSATION A~ IF SUCH OFFER IS
~FUSED, A~HO~Z~JG THE CITY ATTO~EY TO ~STITUTE THE NECESS~Y
rgocs~v~os ~ co~s~AXtO~ ~ o~ TO AC~V~ XS~
~CESS~Y FOR THE P~LIC P~OSE OF S~IT~Y SEWER FACILITIES ~
~ST~LATION, DECL~G ~ EFFECTIVE DATE (G~VEY~ B~CH
SA~T~Y SE~R)
~E~AS, it ~s hereby dete~ned that a pubhc necess~W exists ~d that pubhc welf~e
~d convemence hereby require the aequmt~on of ~ approximate 0 532 acre tract or pmcel of
l~d for s~t~ sewer easement p~oses ~d ~ approximate 0 425 acre gatt or p~cel of l~d
for tempor~ cons~et~on easement p~oses, with such easement rights vesting m the City of
Denton, Text, ~d
~E~AS, the hereinafter described prope~y ~s beheved to be owned by ~ch~d K
Boyer ~d K~en Boyer ("Owner"), NOW, THE~FO~,
THE CO~CIL OF THE CITY OF DENTON HE.BY O~A~S
~ Pubhc necessity exists ~d pubhc welf~e ~d convemence reqmre the
acqmsit~on of ~ approximate 0 532 acre ~act or pmcel of l~d for s~t~ sewer easement
p~oses as more p~eul~ly described m Exhibit "A" and illustrated m Exhibit "B", attached
hereto ~d made p~ of by reference, ~d a pubhc necessity exists ~d pubhc welf~e ~d
convemenee reqmre the aeqms~t~on of ~ approximate 0 425 acre ~act or p~cel of l~d for
tempor~ cons~ct~on easement pu~oses as more p~lcul~ly described m Ex~bit "A-I" and
dlustrated in Exhibit "B-i", attached hereto ~d made a p~ hereof by reference (bo~ tracts
collectively refeged m here~n as the "Prope~y")
~ECTION 2. The City M~ager or h~s desl~ee is hereby au~onzed ~d &reeted to
m~e ~ offer for ~e Prope~y to the owner of ~e Prope~y, based on just compensation
reco~ended by ~ ~ndependent apprmsal pr~ed at the C~ty Manager's &rect~on
SECTION 3 ~at ~n the event the offer as described m Section 2 is refused by the Owner
of the Prope~y, the C~W Attorney or h~s desl~ee is hereby authorized ~d directed to file the
necess~ cond~a~mn proceedings or stat ~d t~e whatever action that may be necess~
against the Owner ~d ~y other p~les having ~ interest ~n ~e Prope~y to acqmre smd 0 532
acre ~act for s~t~ sewer e~ent pu~oses ~d smd 0 425 acre gact for tempor~
constructton easement purposes The cost and expense of such acqmsltaon shall be paid by the
City of Denton, w~th such easement interests vesting in the Caty of Denton
S~ECTION 4_ If at should be subsequently determined that addltaonal partaes other than
those named hereto have an interest an smd property, then an that event, the Caty Attorney or his
designee as authorized and chrected to join smd partaes as Defendants in saad condemnataon
SECTION 5 This ordinance shall become effective lmmedmtely upon ats passage and
approval
PASSED AND APPROVED thas the ~ day of ~c_~4~, 2001
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HE~ ATTORNEY
BY
Page 2
EXHIBIT "A
Permanent Samtary Sewer Easement
Parcel No 11
FIELD NOTES of a 25 foot wide permanent samtary sewer easement lying and being situated m
the W Hudson Survey Abstract No 586, Denton County, Texas, and being a port, on of Lots I and
2, Block A of Redgnte Pecan Estates, an addition to the City of Denton, Texas according to the Plat
recorded in Cabinet M, Page 144 of the Plat Reeords of Denton County, Texas and bemg more
particularly described as follows
BEGINNING at a I/2 inch ~mn rod with cap stamped "Halff Assoc, Inc" hereinafter referred to as
"w~th cap" set for the South corner of the beforementioned Lot 1, same being the West corner of
the beforementloned Lot 2,
THENCE North 69 degrees 43 minutes 49 seconds West with the Southwest line of Lot I for a
d~stance of 26 46 feet to a 1/2 tach iron rod w~th cap set for corne~
THENCE North 39 degrees 24 minutes 16 seconds East departing the beforementloned Southwest
hne for a d~stance of 341 57 feet to a 1/2 inch iron rod w~th cap set for corner,
THENCE North 23 degrees 32 minutes I4 seconds East for a distance of 198 91 feet to a 1/2 ~nch
iron rod with cap set for corner,
THENCE North 67 degrees 57 minutes 44 seconds East for a d~stance of 168 67 feet to a 1/2 ~nch
iron rod with cap set for corner,
THENCE North 55 degrees 23 minutes 26 seconds East at 85 10 feet pass the common hne of Lots
1 and 2, ~n all a total distance of 215 92 feet to a 1/2 ~nch iron rod w~th cap set in the North line of
Lot 2 for corner
THENCE South 73 degrees 02 minutes 12 seconds East with the beforementioned North line for a
d~stance of 31 32 feet to a 1/2 inch iron rod with cap set for corner,
THENCE South 55 degrees 23 minutes 26 seconds West departing the beforementloned North line
at 164 08 feet pass the common line of Lots 1 and 2, in all a total d~stance of 239 39 feet to n 1/2
inch iron rod with cap set for corner,
TI1ENCE South 67 degiees 57 mmutas 44 seconds West for a distance of 160 26 feet to a 1/2 inch
iron rod with cap set for corner,
THENCE South 23 degrees 32 mmutas 14 seconds West for a d~stance of 191 79 feet to a 1/2 inch
iron lod with cap set in the Southeast line of LOt 1 for corner,
THENCE South 39 degrees 24 minutes 16 seconds West for a d~stance of 336 38 feet the PLACE
OF BEGINNING containing23,171 square feet or 0 532 Acres of land mom orless
"Basis of Bearing ~s NAD 83 (1993) Texas State Plane North Central Zone (4202) as observed by
GPS on Juhan day 013 of 2000 from ARLINGTON RRP CORS ARP, PID No AF9536
Convergence angle at ARLINGTON RRP CORS ARP Is +00 degrees 47 mmu es 06 8 seconds
i". EXHIBIT
.., ~ ¢'~, PARCEL ~11
g ~ (PSSE)
---... .,nqU.~'.~O u~ sT
~' ~'~. REDGA~'~C~N ESTATES
~ '-... ~/ LOT 1
, ~ v.~,. 'F/ LOT 2
~ ~ ,/, ~,.~~
............. ·
~~~ ~ oFI ,
, BEGINNING J
RICHARD
LOTS I ~ ~, BLOCK A, RE~GA~E PECAN E~TATE~
CITY OF DENTON, DENTON COUNTY, TEXAS
lllHalff Assomates, lne ~,, ~oo
EXHIBIT "A-I"
Temporary Construction Easement
Parcel No 11
FIELD NOTES of a 20 foot wide temporary constructton easement lying and being mtuated m the
W Iludson Snrvey Abstract No 586, Denton County, Texas, and being a portmn of Lots I and 2,
Block A of Redgate Pecan Estates, an additmn to the City of Denton, Texas according to the Plat
recorded m Cabinet M, Page 144 of the Plat Records of Denton County, Texas, and being more
partmularly described as follows
COMMENCING at a 1/2 inch ~ron rod with cap stamped "Halff Assoe, Inc" hereinafter referred
to as "with cap" set for the South corner of the beforementtoned Lot 1, same being the West corner
of the beforementioned Lot 2,
THENCE North 69 degrees 43 minutes 49 seconds West with the Southwest line of Lot 1 for a
distance of 26 46 feet to a 1/2 inch iron rod with cap set for the PLACE OF BEGINNING of the
here~n described tract,
THENCE North 69 degrees 43 minutes 49 seconds West with the Southwest line of Lot 1 for a
distance of 21 17 feet to a point for corner,
TIIENCE North 39 degrees 24 minutes 16 seconds East departing the befomment~oned Southwest
hne for a d~stance of 345 73 feet to a point for corner,
THENCE North 23 degrees 32 minutes 14 seconds East for a d~stance of 204 29 feet to a point for
corner,
T~NCE North 67 degrees 57 minutes 44 seconds East for a d~stance of 174 63 feet to a point for
corner,
THENCE North 55 degrees 23 minutes 26 seconds East for a total d~stance of 197 48 feet to a point
m the North hne of Lot 2 for corner,
THENCE South 73 degrees 02 minutes 12 seconds East wtth the befomment~oned North hne for a
dtstance of 26 12 feet to a 1/2 tach ~mn rod w~th cap set for corner
THENCE South 55 deg~es 23 minutes 26 seconds West departing the beforementmned North hne
fm a d~stance of 215 92feet to a point for corner,
THENCE South 67 degrees 57 minutes 44 seconds West fo~ a d~stance of 168 67 feet to a point for
THENCE South 23 degrees 32 minutes 14 seconds West for a d~stance of 198 91 feet to a point for
THENCE South 39 degrees 24 minutes 16 seconds West for a d~stance of 341 57 feet the PLACE
OF BEG~N~G containing 18,518 square feet or 0 425 Ac~es of land, more or less
"Bas~s of Bearing ~s N~ 83 (1993) Texas State Plane North Central Zone (4202) as observed by
GPS on Juhan day 013 of 2000 from ARL~GTON RRP CORS ARP P~ No AF9536
Convergence angle at ARL~GTON RRP CORS ARP ~s +00 degrees 47 minutes 06 8 seconds"
I
'-,,.... EXHIBIT "B-I"
''..-i~ tJ~ ('I-CE)
r~V~'f, PARCEL "11'
"'--.............._ ,~ S~ ~,$ro o.~o
-... ...oct /rhT 3
~'69'~' "'"-.. R E D O A T'E"-~--F-..~A.~ ESTATES
/ BLOCK ~'"'----...
/
/ -..... ....--' LOT 1 ~'/ ....
?.~%,["d.~'"'~"~ ,,~,~.,
//, __,