2000-267S \Our Docum~ta\Ordmances\00~Burch_Condemnat~on_Ordmance_FM 1830_1 doc
ORDINANCE NO ~O~O-r~ '~
AN O~CE DECL~G A P~LIC ~CESSITY EXISTS ~ F~G THAT
emL C
OF AN ~PROX~ATE 0 189 AC~ PE~A~NT P~LIC UTILITY EASEMENT ~
~ ~PROX~TE 0 259 AC~ TEMPO~Y CONSTRUCTION EASEMENT BOTH
LOCATED ~ THE B B B & C R R CO S~VEY, ~ST~CT NO 196 A~ ~ THE J W
WITHERS S~VEY, ~ST~CT NO 1343, DENTON CO~TY TEXAS, AUTHO~Z~G
THE CITY ~AGER OR HIS DESIG~E TO M~ AN OFFER TO P~C~SE THE
PROPERTY FOR ITS FAIR M~T V~ ~ IF SUCH OFFER IS ~FUSED,
AUTHO~G THE CITY ATTO~EY TO ~STITUTE THE ~CESS~Y
PROCEED~GS ~ CO~E~ATION ~ O~ER TO ACQ~ THE PROPERTY
~CESS~Y FOR THE P~LIC P~OSE OF CONSTRUCT~G UTILITIES ALONG
F M HIGHWAY 1830, A~ DECL~G AN EFFECTIVE DATE
~E~AS, it m hereby detemmed that a pubhc necessl~ exmts ~d that pubhc welf~e
~d convemence hereby reqmre the acqmsmon of ~e real prope~y ~nterests as hereinafter
described for ~e F M H~way 1830 Eleemc Project, ~d
~AS, ~e herema~er described prope~y ~s believed to be owned by M~an ~ C )
B~ch, ~eh~d L B~h ~d Nelda ~aee Burch Hacke~ (the "O~er"), NOW, THE~FO~,
THE CO~CIL OF THE CITY OF DENTON HE.BY O~S
SECTION 1 That pubhc necessity exists ~d pubhc welf~e ~d convemence require ~e
acquisition of ~e following
a a pe~ent pubhc utility easement m ~e n~e of the C~ty of Denton, Texas m, over ~d
across that ee~mn ~act or p~eel of l~d contmmng approximately 0 189 acre as more
p~eul~ly described ~n Exhibit "A" ~d fllus~ated ~n Exhibit "B", attach~ hereto ~d
m~e a p~ hereof by reference, to cons~ct, recons~ct, install, repmr ~d pe~etually
mmntmn public uUhty facflmes (the "Pe~ent Pubhc UUhty Easement")
b a tempor~ construction e~ement m the n~e of the C~ of Denton, Texas m, over ~d
across ~at ee~aln trot or p~cel of l~d contmmng approximately 0 259 acre as more
p~eul~ly described m Exhibit "C" ~d illustrated ~n Exhibit "B", a~ached hereto ~d
made a p~ hereof by reference, to prowde access ~d cons~ct~on staging for ~e
installation of electric pow~ ~d commumcataon hnes (the "Tempor~ Cons~ctlon
E~ement") The Tempor~ Cons~ctlon E~ement shall expire ~o ye~s a~er the C~ty
of Denton t~es possession of ~e Pe~ent Pubhc Utfl~ Easement
The Pe~ent Pubhe Utility Easement ~d ~e Tempor~ Cons~ct~on Easement ~e
here~na~er collectively called ~e "Prope~y"
SECTION 2 The City Manager or h~s 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 C~ty Manager's direction
SECTION 3 That in the event the offer as described ~n Section 2 is refused by the
Owner of the Property, the Cxty Attorney or h~s designee ~s hereby authorized and directed to file
the necessary condemnation proceedings or suit and take whatever action that may be necessary
agmnst the Owner and any other parties hawng an ~nterest ~n the Property to acquire a public
utility easement in the name of the Oty of Denton, Texas in the Permanent Public Utlhty
Easement property and to aeqmre a temporary construction easement in the name of the City of
Denton, Texas m the Temporary Construction Easement property The cost and expense of such
acqmslt~ons shall be paid by the City of Denton
SECTION 4 If it should be subsequently determined that additional parhes other than
those named herein have an interest m the Property, then m that event, the C~ty Attorney or his
designee ls authorized and d~rected to jmn said part~es as Defendants ~n smd condemnation
SECTION 5 Thxs ordinance shall become effective ~mmed~ately upon ~ts passage and
approval
PASSEDANDAPPROVEDthlsthe /~t~_dayof ~ff~-~/'- ,2000
EULINE BROCK, MAYOR
Page 2
Surveyors & Engineers
of North Texas
GREG EDWARDS P E WILLIAM COLEMAN R P L S
1621 Amanda Court Ponder Texas 78289
Ph (940) 4822906 FAX (940) 4822911 Toll free (877) 481SENT
WWW eentcorp corn
EXHIBIT A
20 Foot Utility Easement
FIELD NOTES to all that certain tract of land sttuated m the B B B & R R Co Survey Abstract Number 196 and the J
Wtthers Survey Abstract Number 1343, Denton County, Texas and being a part of the called 255 acre F~rst Tract
described m the deed from Don B McKlurkan et al to V D Burch recorded m Volume 239, Page 191 of the Deed
Records of Denton County, Texas, the subject tract being more pamcularly dascnbed as follows
BEGINNING for the Northeast comer of the tract being descrtbed herein at a Y~ tnch tron rod found on the North line of
the satd 255 acre tract at Its mtersect~on w~th the West right-of-way ofF M Htghway 1830 and the Southeast comer of
the called 37 87 acre tract described m the deed fi.om Bobbte M Stunns to Conrac M Altemus recorded tn Volume 901,
Page 774 of the satd Deed Records,
THENCE South 00 Degrees 48 Minutes 47 Seconds East wtth the West right-of-way ofF M Htghway 1830 a thstance
of 427 1 feet to a fence comer post on the Northeast right-of-way ofG C &S F Railroad as occupied,
THENCE North 35 Degrees 22 Minutes 08 Seconds West w~th the occupied Northeast right-of-way of the G C &S F
Railroad a thstance of 35 3 feet to the Southwest comer of the heretn described easement,
THENCE North 00 Degrees 48 Mtnutes 47 Seconds West across the 255 acre tract 20 feet West of and parallel wtth the
West right-of-way of F M Htghway 1830 a dtstance of 398 3 feet to the North hne of the 255 acre tract and the South
hne of the said 37 87 acre tract fi.om which a ½ tach square tron rod found at the Southwest comer thereof bears North
89 Degrees 57 Minutes 51 Seconds West a thstance of 277 2 feet,
THENCE South 89 Degrees 57 Minutes 51 Seconds East along a w~re fence with the North hne of the 255 acre tract and
the South hne of the 37 87 acre tract a d~s¥~nce of 20 0 feet to the PLACE OF BEGINNING and enclosing 0 189 of an
acre of land
EXHIBIT "B'
v 23g/P 19t
RYAN ROAD
EXHIBIT "~'
BURCH PROPESW
CIW OF DENTON S ~ r v e y o
DENTON COUN~,T~S ~ n g i n e e r s of
orth
1"=50' Texas,
DRAWN UGD .... ,~.o* ~u.t
CHECKED WMC wwws~.~co..
Surveyors & Engineers
of North Texas
OREO EDWARDS P E WILLIAM COLEMAN R P L S
1621 Amanda Court Ponder Texas 76259
Ph (940) 482 2906 FAX (940) 4822911 Toll free (877) 481 SENT
www 6entcorp eom
EXHIBIT C
30 Foot Temporary Construction Easement
FIELD NOTES to all that certain tract of land situated m the B B B & R R Co Survey Abstract Number 196 and the J
Withers Survey Abstract Number 1343, Denton County, Texas and being a part of the called 255 acre F~rst Tract
described tn the deed from Don B McKlurkan et al to V D Burch recorded in Volume 239, Page 191 of the Deed
Records of Denton County, Texas, the sub3ect tract being more particularly described as follows
BEGINNING for the Northeast comer of the tract being described here~n on the North lme of the said 255 acre tract,
North 89 Degrees 57 Minutes 51 Seconds West a distance of 20 0 feet from the West right-of-way of F M Highway
1830 and the Southeast comer of the called 37 87 acre tract described m the deed from Bobble M Smuns to Connie M
Altemus recorded tn Volume 901, Page 774 of the said Deed Records,
THENCE South 00 Degrees 48 Minutes 47 Seconds East across the 255 acre tract 20 feet West of and parallel with the
West right-of-way of F M Highway 1830 a distance of 398 3 feet to the Northeast right-of-way of G C &S F Railroad
as occupied,
THENCE North 35 Degrees 22 Minutes 08 Seconds West with the occupied Northeast right-of-way of the G C &S F
Railroad a distance of 52 9 feet to the Southwest comer of the hereto described easement,
THENCE North 00 Degrees 48 Minutes 47 Seconds West across the 255 acre tract 50 feet West of and parallel with the
West right-of-way of F M Highway 1830 a distance of 355 2 feet to the North line of the 255 acre tract and the South
line of the said 37 87 acre tract from which a ~ arch square iron rod found at the Southwest comer thereof bears North
89 Degrees 57 Minutes 51 Seconds West a distance of 247 2 feet,
THENCE South 89 Degrees 57 Minutes 51 Seconds East along a wire fence with the North line of the 255 acre tract and
the South line of the 37 87 acre tract a distance of 30 0 feet to the PLACE OF BEGINNING and enclosing 0 259 of an
acre of land