2001-413S \Our Documents\Ordmances\01\Noe Condemnation Ordinance doc
O INANCENO 00/-
AN ORDINANCE DECLARING a PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF i PUBLIC UTILITY EASEMENT IN, OVER, ON, ACROSS, AND UNDER AN
APPROXIMATE 0 568 ACRE TRACT OR PARCEL OF LAND AND A TEMPORARY
CONSTRUCTION EASEMENT CONTAINING APPROXIMATELY 0 354 ACRE OF LAND,
LOCATED IN THE J CHEEK SURVEY, ABSTRACT NO 227 AND THE H WILLIAM
SURVEY, ABSTRACT NO 1417 IN DENTON COUNTY TEXAS AND BEING PART OF A
TRACT OR PARCEL OF LAND OWNED BY JEFFERY W NOE AND JEANIE NOE,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO
PURCHASE THE EASEMENTS FOR THEIR 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, AND DECLARING AN EFFECTIVE DATE
WHEREAS, It is hereby detenmned that a public necessity exists and that pubhc welfare
and convemence hereby reqmre the acqms~tlon of the real property interests as hereinafter
described, and
WHEREAS, the hereinafter descnbed property ~s beheved to be owned by Jeffrey W
Noe and Jeanne T Noe (the "Owner"), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SCTI~ Pubhc necessity exists and pubhc welfare and convenience reqmre the
acquisition of the following
a a pubhc utlhty easement ~n the name of the City of Denton, Texas for the construction,
reconstruction, anstallatlon and matntenance of public utlhtles, in, over, on, across, and
u0der that certmn tract or parcel of land containing approximately 0 568 acre as more
particularly descnbed in ExNNt "A", attached hereto and made a part hereof by reference
(the "Utthty Easement") and as depleted on ExNbtt "B", attached hereto and made a part
hereof by reference, reserving unto the owner of said property the right to use the surface
for parking and for driveway access to and from the adlacent pubhc street, and
b a temporary construction easement m the name of the City of Denton, Texas on and
across that certain tract or parcel of land contmmng approximately 0 354 acre as more
particularly described ~n ExhlNt "C" attached hereto and made a part hereof by reference
(the "Temporary Constructmn Easement") and as dep~cted on ExNblt "B", to use for
access, staging, and placement of materials, equipment and supphes m conjunction with
construction actlv~tles for the construction and installation of pubhc utflmes provided for
by the Utility Easement (the "Construction Activities"), with said Temporary
Construction Easement expmng upon the completion of the Construction Act~wtles or
two years from the date the City of Denton takes possession of the Temporary
Construction Easement property, wNch ever occurs first
The Utlhty Easement and Temporary Construction Easement are hereinafter collecttvely called
the "Easements"
SECTION 2 The City Council finds that there is a pubhc necessity and public need to
acqmre the Public Utfltty Easement and the Temporary Construction Easement in the size, scope,
wtdth, and dlmenaions of the Easements and for the for the purposes stated in this ordinance
SECTION 3 The City Council finds that $24,000 00 (the "Compensation") is just
compensation for the Easements including damages to the remmnder, if any, smd sum being
based on an independent appraisal obtained by the City The C~ty Manager or his designee ~s
hereby authorized and directed to make an offer for the Easements to the owner of the property
containmg the Easements (the "Property") m the amount of the Compensation
SECTION 4 In the event the offer as described ~n Section 3 ~s refused by the Owner, the
C~ty Attorney or his destgnee is hereby authorized and directed to file the necessary
condemnation proceedings or suit and take whatever actton that may be necessary against the
Owner and any other parties having an ~nterest in the Property to acqmre the Easements m the
name of the City of Denton, Texas, as provided tn Section 1 above
SECTION 5 If tt should be subsequently determined that additional parttes other than
those named hereto have an interest in the Property, then in that event, the City Attorney or his
designee is anthonzed and d~rected to join said pames as defendants ~n smd condemnation
~ This ordinance shall become effective ~mmed~ately upon ~ts passage and
approval
PASSED AND APPROVED thls the ~ ~-'-~ dayof ~t~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
, . -~
APPR~ED AS TO LEGAL FORM
HERB~CITY ATTORNEY
Page 2
EXHIBITA
Surveyors & Engineers
of North Texas
le21 Amanda Court
Ponder Texas 78259
pti (940) 482 2906
FAX (940) 482 29~1
Toll Free (877) 481 SENT
~ sentcorp com
RAY ROBERTS WATER LINE
PARCEL #4
TRACT I
50' UTILITY EASEMENT
FIELD NOTES to all that certain tract of land s~tuated m the J Cheek Survey Abstract Number 227 and the H Wfihams
Survey AbstraCt Number 1417, Denton Counry, 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 ~n Volume 2879, Page 544 and part of the called ten
acre tract described m the deed from Denms 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
BEGII,,rNING for the Southeast comer of the tract being described hereto at the Southeast comer of the smd 92 701 acre
tract and the Northeast comer of the called 283 734 acre tract described m a deed from Donald J Carter et ux to
Equestrian Development Corporatton of North Texas recorded under Clerk's File Number 00 R0085449 of the Deed
Records from 'which a fence comer post bears South 88 Degrees 03 Minutes 44 Seconds a d~stance of 2 feet
THENCE North 89 Degrees 11 Minutes 05 Seconds West generally along a fence w~th the South hne of the 92 701acre
tract and the North hne 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 w~th the Northwest right-of-
way hne of FM 428 a distance of 506 6 feet to the South hne &the called 23 994 acre tract described m the deed from
Gerald J Monhem~tzky to Ben F Krug et ux recorded in Volume 4129 Page 1478 of the said 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 distance of 50 4 feet to the Northeast comer thereof and the Southeast comer of the Krug tract,
THENCE So~th 3 t Degrees 39 Minutes l0 Seconds West w~th the Northwest right-of-way of FM 428 and East hne of
the Ten acre tract passing the Southeast comer there&and continuing w~th the East hne of the 92 701 acre tract a
d~stance of 483 I feet to the PLACE OF BEGINNING and enclosing 0 568 acres
PAACEL ~4
NOELANDS ~s~ ey~ ~
OAr~ 02-0~-0~ E n gl n~e r~ of
North
UTILITY EASEMENT EXHIBIT scA~ ~ =so T ~ x a s, ~. ~
EXHIBIT C
Surveyors & Engineers
of North Texas
1621 Amanda Court
Ponder Texas 76259
pI~ (940) 482 2908
FAX (940) 482 2911
Toll Free (877) 481 SENT
www sentcorp corn
RAY ROBERTS WATER LINE
PARCEL #4
TRACT 2
30' TEMPORARY CONSTRUCTION EASEMENT
FIELD NOTES to all that certain tract of land s~tuated in the J Cheek Survey Abstract Number 227 and the H Wdhams
Survey Abstract Number 1417, Denton County, Texas and being a part of the called 92 701 acre tract described m the
deed from Dennis E Fen'art et ux to Jeffrey W Noe ct ux recorded In Volume 2879, Page 544 and part of the called Ten
,, acre tract descrtbed m the deed from Denms E Ferrari et ux to Jeffrey W Noe et ux recorded m Volume 2875 Page 991
of the Real Property Records of Denton County~ Texas, the subject tract being more pamcularly descrtbed as follows
BEGINNING for the Southeast comer of the tract being descrtbed hereto on the North hne of the called 283 734 acre
tract described m the deed from Donald J Carter et ax to Equestrian Development Corporatmn of North Texas recorded
under Clerk's File Number 00-R0085449 of the Real Property Records and the South hne of the sam 92 701 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 of the 283 734 acre tract,
THENCE North 89 Degrees 11 Minutes 05 Seconds West generally along a fence w~th the South hne of the 92 701acre
tract and the North hne of the 283 734 acre tract a d~stance of 34 9 feet,
THENCE North 31 Degrees 39 Minutes 10 Seconds East 80 feet Northwest of and parallel wah the Northwest right-of*
way hne of FM 428 a d~stance of 520 8 feet to the South hne of the culled 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 line of the smd Ten acre tract,
THENCE South 65 Degrees 33 Minutes 14 Seconds East w~th the South hne of the K~ng tract and the North hne of the
Ten acre tract a dmtance of 30 2 feet
THENCE South 31 Degrees 39 Mtnutes I0 Seconds West 50 feet Northwest of and parallel ,,v~th the Northwest right-of-
way of FM ,I.28 across the ten acre tract passing the South hne thereof and conttnmng across the 92 701 acre tract a
dtstance of 506 6 feet to the PLACE OF BEGINNING and enclosing 0 354 acres