2001-317 o iN cE NO C O0/- 3/7
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIKES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0 $68 ACRE TRACT OR PARCEL OF LAND FOR PUBLIC
UTILITY EASEMENT PURPOSES AND AN APPROXIMATE 0 254 ACRE TRACT OR
PARCEL ,OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES, SAID
PROPERTY BEING LOCATED IN $ CHEEK SURVEY, ABSTRACT NO 227 AND THE H
WILLIAM SURVEY, ABSTRACT NO 1417, DENTON COUNTY TEXAS, AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE
PROPERTY FOR ~UST 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 PUBLIC UTILITIES AND
INSTALLATION, DECLARING AN EFFECTIVE DATE
WHEREAS, ,tm hereby determined that a public necessity exists and that public welfare
and convemence hereby require the acqms~tlon of an approximate 0 568 acre tract or parcel of
land for pubhc ut~hty easement purposes and an approximate 0 354 acre tract or parcel of land
for temporary construction easement purposes, w~th such easement nghts vestmg in the City of
Denton, Texas, and
WHEREAS, the herelnatler descnbed property ~s believed to be owned by Jeffrey W
Nee and Jeanle T Nee ("Owner"), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Pubhc necessity exists and public welfare and convemence reqmre the
acqms~Uon of an approximate 0 568 acre tract or parcel of land for pubhc utility easement
purposes as more parUcularly described m Exhibit "A" and illustrated m Exhibit "B", attached
hereto and made part of by reference, and a pubhc necessity exists and pubhc welfare and
convemen~e require the acqmsmon of an approximate 0 354 acre tract or parcel of land for
temporary construction easement purposes as more particularly described in Exhibit "C" and
illustrated ~n Extub,t "B", attached hereto and made a part hereof by reference (both tracts
collectively referred to here~n as the "Property")
SECTION 2 The C~ty Manager or h~s designee is hereby anthonzed and d~rected to
make an offer for the Property to the owner of the Property, based on just compensation
recommended by an independent apprmsal prepared at the C~ty's d~rectlon
SECTION 3 In the event the offer as described m Section 2 ~s refused by the Owner of
the Property, the C,ty Aitomey or h~s designee ~s hereby authorized and directed to file the
necessary condenmat, on proceechngs or su~t and take whatever action that may be necessary
agmnst the Owner and any other parties hawng an mterest in the Property to acqmre smd 0 568
acre tract for pubhc utility easement purposes and sa~d 0 354 acre tract for temporary
constmct~0n easement purposes The cost and expense of such acqmsmon shall be prod by the
City of Denton, w~th such easement interests vestmg m the City of Denton
SECTION 4 If it should be subsequently determined that additional parties other than
those named herein have an interest in smd property, then m that event, the City Attorney or his
designee is authorized and directed to join smd parties as Defendants m said condemnation
SECTION 5 Tins orchnance shall become effective immediately upon its passage and
approval
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT~~ ~_~ _L PROUTY~Y
BY ~'~--/ / - -
Page 2
EXHIBITA
Surveyors & Engineers
of North Texas
1621 Amanda COUrt
Ponder Texas 76259
Ph (940) 482 2908
FAX (940) 482 29tl
Toll Free (877) 481 SENT
RAY ROBERTS WATER LINE
PARCEL #4
TRACT 1
50' UTILITY EASEMENT
FIELD NOTES to all that certmn tract of land s~tuated ~n the J Cheek Survey Abstract Number 227 and the H Wflhams
Survey Abstract Number 1417, Denton County, Texas and being a part of the called 92 701 acre tract described ~n the
deed from Denms E Ferrari et ux to Jeffrey W Noe et ux recorded m Volume 2879, Page 544 and part of the called ten
acre tract described m the deed from Dermis E Ferrari et ux to Jeffrey W Noe et ux recorded m Volume 2875, Page 991
of the Deed Records of Denton County, Texas, the subject tract being more pamcularly described as follows
BEGINNING for the Southeast comer of the tract being described here~n at the Southeast comer of the smd 92 701 acre
tract and the Northeast comer of the called 283 734 acre tract described In a deed from Donald J Carter et ux to
Equestrian Development Corporation of North Texas recorded under Clerk's F~le Number 00-R0085449 of the Deed
Records from wNch a fence comer post bears South 88 Degrees 03 Minutes 44 Seconds a d~stance of 2 feet,
THENCE North 89 Degrees I 1 Minutes 05 Seconds West generally along a fence w~th the South line of the 92 70 lucre
tract and the North line of the 283 734 acre tract a d~stance of 58 2 feet,
THENCE North 31 Degrees 39 Minutes 10 Seconds East 50 feet Northwest of and parallel with the Northwest right-of-
way hne of FM 428 a dmtance of 506 6 feet to the South hne of the called 23 994 acre tract described m the deed from
Gerald J Monhetmtzky to Ben F Krug et ux recorded m Volume 4129, Page 1478 of the smd Real Property Records
THENCE South 65 Degrees 33 Minutes 14 Seconds East w~th the South hne of the Krug tract and the North hne of the
Ten acre tract a d~stance of 50 4 feet to the Northeast comer thereof and the Southeast comer of the Krug tract,
THENCE South 31 Degrees 39 Minutes I 0 Seconds West w~th the Northwest right-of-way of FM 428 and East hne of
the Ten acre tract passing the Southeast comer thereof and continuing wtth the East hne of the 92 701 acre tract a
dtstance of 483 I feet to the PLACE OF BEGINNING and enclosing 0 568 acres
EXHIBIT B
PARCEL ~4
NOE LANDS
OAT[ 02-06-O1~ E n g I n~ e r~ or
North
UTILITY EASEMENT EXHIBIT
COUN~ OF DENTON TE~S CHECKED W~C
EXHIBIT C
Surveyors & Engineers
of North Texas
1621 Amanda Court
Ponder Texas 78259
Ph (940) 482 2906
FAX (940) 482 2911
Toll Free (877) 481 SENT
WWW sentcofp corn
RAY ROBERTS WATER LINE
PARCEL #4
TRACT 2
30' TEMPORARY CONSTRUCTION EASEMENT
FIELD NOTES to all that certain tract of land s~tuated m the J Cheek Survey Abstract Number 227 and the H Wtlltams
Survey Abstract Number 1417, Denton County, Texas and being a part of the called 92 701 acre tract described m the
deed from Denms E Ferrari et ux to Jeffrey W Noe et ux recorded m Volume 2879, Page 544 and part of the called Ten
acre tract described m the deed fi.om Denms E Ferrari et ux to Jeffrey W Noe et ux recorded In Volume 2875, Page 991
&the Real Property Records of Denton Countyt Texas, the subject tract being more partmularly described as follows
BEGINNING for the Southeast comer of the tract being described hereto on the North hne of the called 283 734 acre
tract descrtbed m the deed fi.om Donald J Carter et ux to Equesman Development Corporatton of North Texas recorded
under Clerk's Ftle Number 00-R0085449 of the Real Property Records and the South hne of the smd 92 70 l acre tract
and being North 89 Degrees 11 Minutes 05 Seconds West a d~stance of 58 2 feet from the Southeast comer thereof and
the Northeast comer &the 283 734 acre tract,
THENCE North 89 Degrees I I Minutes 05 Seconds West generally along a fence with the South hne of the 92 70tacre
tract and the North hne of the 283 734 acre tract a d~stance of 34 9 feet
THENCE North 31 Degrees 39 M~nutes 10 Seconds East 80 feet Northwest of and parallel wtth the Northwest right-of-
way hne of FM 428 a d~stance of 520 8 feet to the South hne of the called 23 994 acre tract described m the deed from
Gerald J Monhem~tzky to Ben F Krug et ux recorded m Volume 4129 Page 1478 of the smd Real Property Records and
the North hne of the smd Ten acre tract,
THENCE South 65 Degrees 33 Minutes 14 Seconds East w~th the South hne of the Krug tract and the North hne of the
Ten acre tract a dtstance of 30 2 feet
THENCE South 31 Degrees 39 Mmutes l0 Seconds West 50 feet Northwest of and parallel w~th the Northwest right-of-
way of FM 428 across the ten acre tract passing the South line thereof and continuing across the 92 701 acre tract a
distance of 506 6 feet to the PLACE OF BEGINNING and enclosing 0 354 acres