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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