2001-088 OP. INANCENO
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0 369 ACRE TRACT OR PARCEL OF LAND FOR SANITARY
SEWER EASEMENT PURPOSES AND AN APPROXIMATE 0 312 ACRE TRACT OR
PARCEL OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES, BOTH
BEING PART OF LOT 3, BLOCK A OF THE REDGATE PECAN ESTATES ADDITION, AN
ADDITION TO THE CITY OF DENTON SAID PROPERTY BEING LOCATED IN W
HUDSON SURVEY, ABSTRACT NO 586, 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 SANITARY SEWER FACILITIES AND
INSTALLATION, DECLARING AN EFFECTIVE DATE (GRAVEYARD BRANCH
SANITARY SEWER)
WHEREAS, it is hereby determined that a public necessity exists and that public welfare
and convenience hereby require the acquisition of an approximate 0 369 acre tract or parcel of
land for sanitary sewer easement purposes and an approximate 0 312 acre tract or parcel of land
for temporary construction easement purposes, with such easement rights vesting m the City of
Denton, Texas, and
WHEREAS, the hereinafter described property is believed to be owned by Greg A Gross
and Barbara Gross ("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 0 369 acre tract or parcel of land for sanitary sewer easement
purposes as more particularly described m Exhibit "A" and illustrated in Exhibit "B", attached
hereto and made part of by reference, and a public necessity exists and public welfare and
convenience reqmre the acquisition of an approximate 0 312 acre tract or parcel of land for
temporary construction easement purposes as more particularly described in Exhibit "A-i" and
illustrated in Exbabat "B-i", attached hereto and made a part hereof by reference (both tracts
collectively referred to herein as the "Property")
SECTION 2 The City Manager or his designee is hereby authorized and directed to
make an offer for the Property to the owner of the Property, based on just compensation
recommended by an Independent appraisal prepared at the City Manager's direction
SECTION 3 That in the event the offer as described in Section 2 is refused by the Owner
of the Property, the City Attorney or bas designee is hereby authorized and directed to file the
necessary condemnation proceedings or stat and take whatever action that may be necessary
agmnst the Owner and any other parties having an interest in the Property to acquire said 0 369
acre tract for sanitary sewer easement purposes and smd 0312 acre tract for temporary
construction easement purposes The cost and expense of such acqmsltlon shall be pard by the
C~ty of Denton, w~th such easement interests vesting in the City of Denton
SECTION 4 If ~t should be subsequently determined that additional part,es other than
those named herem have an ~nterest ~n smd property, then in that event, the C~ty Attorney or h~s
designee ~s authorized and directed to join said parties as Defendants ~n smd condemnation
SECTION 5 Th~s ordinance shall become effective ~mmedmtely upon ~ts passage and
approval
th~s the 6~ day of~~::> 2001
PASSED
APPROVED
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
7/-
API~OVED AS TO LEGAL FORM
Page 2
EXHIBIT "A"
Permanent Samtary Sewer Easement
Parcel No 10
FIBLD NOTES of a 25 foot w~de permanent samtary sewer easement lying and being s~tuated m
the W Hudson Survey Abstract No 586, Denton County Texas and being a portmn of Lot 3,
Block A of Redgate Pecan Estates, an addition to the C~ty of Denton, Texas according to the Plat
recorded m Cabinet M, Page 144 of the Plat Records of Denton County, Texas and being more
particularly described as follows
COMMENCING at a 1/2 tach ~ron rod found for the Southeast corner of the beforementmned Lot
3, same being the Northeast corner of Lot 2
THENCE North 73 degrees 02 m~nutes 12 seconds West w~th the common hne of Lot 3 and Lot 2
for a distance of 523 56 feet to a 1/2 tach ~ron rod w~th a yellow plastm cap stamped ' Halff Asso¢,
Inc hereinafter referred to as "w~th cap" set for the PLACE OF BEGINNING of the here~n
described tract
THENCE North 73 degrees 02 minutes 12 seconds West wah the beforementmned common hne
for a d~stance of 31 92 feet to a 1/2 tach iron rod with cap set for corner,
THENCE North 55 degrees 23 minutes 26 seconds East depamng the beforement~oned common
hne fm a d~stance of 344 85 feet to a 1/2 tach ~ron rod w~th cap set for corner
THENCE North 34 degrees 31 m~nutes 27 seconds East for a d~stance of 317 96 feet to a 1/2 Inch
non rod w~th cap set m the East hne of the beforementmned Lot 3 for corner,
THENCE South 06 degrees 11 minutes 38 seconds East w~th the beforement~oned East hne for a
d~stance of 38 32 feet to a 1/2 tach ~mn rod w~th cap set for corner
THENCE South 34 degrees 31 minutes 27 seconds West departing the beforementtoned East line
for a distance of 293 52 feet to a 1/2 tach ~mn rod w~th cap set for corner
THENCE South 55 degrees 23 minutes 26 seconds West roi a d~stance of 329 62 feet to the
PLACE OF BEGINNING contmmng 16,074 square feet or 0 369 Acres of land, more or less
"Bas~s of Bearing ~s NAD 83 (1993) Texas State Plane Nortb 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 minutes 06 8 seconds"
~ BEGINNING
GRIG GROSS
LOT 3, BLOCK A, REDGATE PECAN ESTATES
CITY OF DENTON, DENTON COUNTY, TEXAS
EXHIBIT "A-l"
Temporary Constmctlon Easement
Parcel No 10
FIELD NOTES of a 25 foot wide temporary construction easement lying and being s~tuated m the
W Hudson Survey Abstract No 586, Denton County, Texas, and being a pomon of Lot 3, Block A
of Redgate Pecan Estates, an ad&t~on 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 pamcularly
described as follows
COMMENCING at a i/'2 tach ~ron rod found for the Southeast corner of the befommentloned Lot
3, same being the Northeast comer of Lot 2,
THENCE North 73 degrees 02 minutes 12 seconds West w~th the common hne of Lot 3 and Lot 2
for a dmtance of 555 48 feet to a point for corner for the PLACE OF BEGINNING of the herein
described tract,
THENCE North 73 degrees 02 minutes 12 seconds West with the beforement~oned common hne
for a d~atance of 25 53 feet to a point for comer,
THENCE North 55 degrees 23 m~nutes 26 seconds East departing the beforementmned common
line for a d~stance of 357 03 feet to a point for corner,
THENCE North 34 degrees 31 minutes 27 seconds East for a d~stance of 337 52 feet to a point m
the East hne of the beforement~oned Lot 3 for comer,
THENCE South 06 degrees 11 minutes 38 seconds East with the beforementloned East hne for a
distance of 30 66 feet to a point for corner,
THENCE South 34 degrees 31 m~nutes 27 seconds West departing the beforementloned East hne
for a dtstance of 317 96 feet to a point for corner
THENCE South 55 degrees 23 minutes 26 seconds West for a d~stance of 344 85 feet to the
PLACE OF BEGINNING containing 13,574 square feet or 0 312 Acres of land, more el less
"Bas~s of Bearing is 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 ~s +00 degrees 47 minutes 06 8 seconds"
~ //,//
GREGUO~ GROSS ~ 25' PERUANENT SANITARY ~ // DOYLE
OREO GROSS
LOT 3. BLOC~ A, REOOATE PECAN ESTATES