2000-268S \Our Docum~nta\Ordmanccs\OO~Burch_Condcmnat~on_Ordmancel doc
O ANCENO fiO00- 6
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 1 599 ACRE PERMANENT PUBLIC UTILITY EASEMENT AND
AN APPROXIMATE 2 328 ACRE TEMPORARY CONSTRUCTION EASEMENT BOTH
LOCATED IN THE W ROARK SURVEY, ABSTRACT NO 1087 AND 1N THE J SEVERE
SURVEY, ABSTRACT NO 1184, DENTON COUNTY TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY
FOR ITS FAIR MARKET VALUE 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 CONSTRUCTING UTILITIES ALONG U S HIGHWAY 377, AND
DECLARING AN EFFECTIVE DATE
WHEREAS, ~t ~s hereby determined that a pubhc necessity exists and that pubhc welfare
and convemence hereby reqmre the acqmmt~on of the real property ~nterests as hermnafter
described for the U S H~ghway 377 Water Mmn ProJect, and
WHEREAS, the hereinafter described property ~s beheved to be owned by Marvin (M C )
Burch, Pdchard L Butch and Nelda Grace Butch Hackett (the "Owner"), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That pubhc necessity exists and pubhc welfare and convemence reqmre the
acqms~t~on of the following
a a permanent pubhc utility easement ~n the name of the Ctty of Denton, Texas m, over and
across that certain tract or parcel of land contmmng approximately 1 599 acres as more
particularly described ~n Exhibit "A" and illustrated m Exhibit "B", attached hereto and
made a part hereof by reference, to construct, reconstruct, ~nstall, repmr and perpetually
ramntam pubhc utility facfl~nes (the "Permanent Pubhc Utthty Easement")
b a temporary construction easement m the name of the C~ty of Denton, Texas ~n, over and
across that certmn tract or parcel of land contmmng approximately 2 328 acres as more
particularly descnbed ~n Exhibit "C" and illustrated ~n Exhibit "B", attached hereto and
made a part hereof by reference, to prowde access and construction staging for the
installation of one water p~pehne (the "Temporary Construcnon Easement") The
Temporary Construction Easement shall expire two years after the C~ty of Denton takes
possession of the Permanent Pubhc Utility Easement
The Permanent Pubhc Utility Easement and the Temporary Construction Easement are
hereinafter collectively called the "Property"
SECTION 2 The City Manager or h~s designee ~s 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 apprmsal prepared at the C~ty Manager's d~reet~on
SECTION 3 That an the event the offer as described ~n SecUon 2 ~s refused by the
Owner of the Property, the C~ty Attorney or h~s designee ~s hereby anthonzed and &retted to file
the necessary condanmat~on proceedings or stat and take whatever action that may be necessary
agmnst the Owner and any other partxes having an ~nterest ~n the Property to acquire a pubhc
utility easement m the name of the C~ty of Denton, Texas in the Permanent Pubhc Utlhty
Easement property and to acqmre a temporary construction easement ~n the name of the C~ty of
Denton, Texas m the Temporary Construction Easement property The cost and expense of such
acqmsmons shall be pmd by the C~ty of Denton
SECTION 4 If ~t should be subsequently determined that addmonal part,es other than
those named hereto have an ~nterest m the Property, then m that event, the C~ty Attorney or h~s
designee ~s authorized and &rected to join smd part,es as Defendants ~n smd condenmat~on
SECTION 5 Th~s ordinance shall become effecnve ~mmed~ately upon its passage and
approval
PASSED PROVEDth sthe dayof ,2000
EULINE BROCK, MAYOR
ATTEST
JENN/~ER WALTERS, ~CIT'~ SECRETARY
~OVED ~TO LEGAL FO~
BY ~ff ~
Page 2
EXHIBIT A
FIELD NOfE$
20' PERMANENT PUBLIC UTILFI Y EASEMENT
I 599 ACRES
V D BURCH
Belng all that certam lot, tractorparceloflands~tuatedmtheW RoarkSmxe% Abstract
Number 1087 and the James Severe Survey, Abstract Number 1164 C~ty of Denton Denlon
County, Texas, being part of two tracts of land described m deeds to V D Butch a called
acre tract recorded m Volume 288, Page 137 and a called 10 acre tract recorded tn Volume
Page [91 of the Deed Records of Denton County, Texas, and being more pamcularly described
as follows
BEGINNING at a point on the easterly hne of said 192 5 acre Batch tract being on the
southeasterly right-of-way hne ofU S H~ghway 377 according to R~ghl of \\ ax Deed ~ccord~.d
m Volume 287, Page 613 and Votame 287, Page 616 of the Deed Records of Deamn Countx
Texas, and being oil the sootherly line of that certain called 21 472 acre tract of land dcscr~b,-d m
deed to the C~ty of Denton recorded m Clerk s Fde Number 97 055783 of thc Real Prope~lx
Re, cords of Denton County, Texas, sa~d point being m a creek
THENCE S 15°46'59" E, 22 99 feet, along the easl hne of smd Butch tract and the~southcrlx
of said C~ty of Denton tract, to a point that ~s 20 feet from at right angles to tile sot~theasterlx
right-of-way hne ofU S H~ghway 377,
THENCE S 44°39)03" W, 705 08 feet, parallel ',~ till and 20 feet from al right angles to the
southeasterly right-of-way hne ofsa~d U S H~ghway 377, to a point
THENCE S 44°02'24" W, 2268 69 feet, parallel w~th and 20 feet from at r~ght angles to the
southeasterly right-of way hne of U S H~ghway 377, to a point being at the point of curx,uurc
ora curve to the left,
THENCE Southwesterly, parallel wflh and 20 feet from at nghl angles lo Ihe southc ~slct I~ ~ght
of-way hne ofU S H~ghway 377, wllh lhe arc ofsmd curve hax mga radms of ~69
central angle of 00°41'17", whose chord bears S 43°41'45" W 44 43 feet all arc length
feet to a point,
THENCE S 36°53'39" W, 100 04 feet, parallel w~th and 20 feet from at right angles m the
southeasterly r~ght-of-wau hne ofU S H~ghway 377, to a point
THENCE S 39°56'33" W, 32 25 feet, parallel w~th and 20 feet from at r~ghl angles to the
southeasterly right-of-way hne ofU S Htghway 377, to a point
THENCE S 50°03'27" E, 8 60 feet, to a point,
THENCE S 39056'33" W, 89 O0 feet parallel with aad 28 6 feel from at right angles to thc
southeasterly right of way hne ofU S H~ghway 377 to a pmnt
THENCE N 50003'27" W, 8 60 feet to a point thai is parallel w~th aud 20 feet from u nghl
angles to the southeasterly rtght of way hne ofU S Htghway 377
THENCE S 39°56'33" W, 119 14 feet, parallel w~th and 20 feet from at right augles to thc
southeasterly right-of-way hne ofU S H~ghway 377 to a point
THENCE S 4'~°54'43'' W 69 07 feet, parallel with and 20 feet from at rlghl auglcs Io thc
southeasterly right of-way hne of U S H~ghway 377, to a point on Ihe soulh hne of ~,ud \ D
Burch 10 acre tract and the north hne of that cerlam called 5 014 acre tract of land described m
deed to John Alan Icffcncs and Lan But Jcffer~cs recorded m Volume 4220 Page I ~7'~ of tile
Real Property Records of Denton County, Texas,
THENCE S 89°20'59" W, 28 07 feet, along the south hne of smd Butch Iract and the north hnc
EXHIBIT A contmnued
of sa~d Jefferms tract, to a ¼"capped rebar set on the southeasterly r~ght of-~ ay hnc o f U S
Highway 377,
THENCE N 43°54'43" E, 88 07 feet, along the southeasterly r~ght of way hne of U S H~ghxx,~x
377, to a concrete r~ght of-way monument,
THENCE N 39°56'33" E, 239 16 feet, along the souli~easlerly right of
Highway 377, to a point,
THENCE N 39°53~39" E, 100 63 feet, along the southeasterly rtght of ','-ay line of U S
Highway 377 to a pmot being at the point ofcurvatnre ora cnrve Io the r~ght
THENCE Northeasterly along the sontheasterly Hghl-of way bile of U
the arc of smd curve hawng a radms of 3719 58 feet a central angle of 00°42 20' ','.hose chord
bears N 43°41'14" E, 45 80 feet, an arc length of 45 80 feet to a point
THENCE N 44o02'24" E, 2268 00 feet, along the southeasterly right of wa) hne of U S
Highway 377, to a point,
~l HENCE N 44°39'01 ' L, 717 34 Iccl,, along Iht sottlheaslclly t~ght of
H~ghway 377, to the POINT OF BEGINNING and contannng apploxm~atclx
kmm 99163cas wpd
V D Butch
Vol 288 Pg 137
192 5 Acres
BREAK LINE u
BREAK LINE
,' EXHI BI T B
/ for
20' Utility Easement
v D Dutch VD Burch Tract
~ 10 Ac~es W ROARK SURVEY, ABSTRACT NO 1087
~_~ d SEVERE SURVEYci~ OF ABSTRACTDENTON NO 1164
~ ~; ,'~ DENTON COUNTY, TEXAS
~.o,,.. G & A Consultants, Inc
o.,~.~ A .~ o,~ o7/m/oo ~*L~ ~'-2~ ~ "099165
EXHIBIT C
FIELD NOTES
30' TEMPORARY CONSTRUCTION EASEMENT
2 327 ACRES
V D BURCH
Being all that certain lot, tract or parcel of land s~mated m the W Roark Survey, Abstract
Number 1087 and the James Severe Survey, Abstract Number 1164, City of Denton,
Denton County, Texas, being part of two tracts of land dascnbed m deeds to V D Burch,
a called 192 5 acre tract recorded m Volume 288, Page 137 and a called 10 acre tract
recorded tn Volume 239, Page 191 of the Deed Records of Denton County, Texas, and
being more partmularly described as follows
BEGINNINO at a point on the easterly line of smd Butch 192 5 acre tract and the
southerly line of that certain called 21 472 acre tract of land described m deed to the City
of Denton recorded m Clerk's File Number 97-055783 of the Real Property Records of
Denton County, Texas, from wlueh point the northerly comer of smd Burch tract bears N
15046'59" W, 22 99 feet, smd point being 20 feet from at right angles to the southeasterly
right-of-way line ofU S H~ghway 377 and being m a creek,
THENCE S 15046'59" E, 34 49 feet, along the easterly line of smd Burch tract and the
southerly line of smd City of Denton tract, to a point that ~s 50 feet from at right angles to
the southeasterly right-of-way line ofU S H~ghway 377,
THENCE S 44°39'03'' W, 687 91 feet, parallel vath and 50 feet from at right angles to
the southeasterly right-of-way line ofU S I-hghway 377, to a point,
THENCE S 44002'24" W, 2268.53 feet, parallel w~th and 50 feet from at right angles to
the sOUtheasterly right-of-way line ofU S I-hghway 377, to a point, being at the point of
curvature of a curve to the leiS,
THENCE Southwesterly, parallel wtth and 50 feet from at right angles to the
southeasterly right-of-way line of smd U S Highway 377, w~th the arc of smd curve
having a radtus of 3669 58 feet, a central angle of 00039'42", whose chord bears S
43042'32" W, 42 38 feet, an arc length of 42 38 feet to a point,
THENCE S 36053'39" W, 99 14 feet, parallel wtth and 50 feet from at right angles to the
southeasterly right-of-way line ofU S H~ghway 377, to a point,
THENCE S 39056'33" W, 242 23 feet, parallel vath and 50 feet from at right angles to
the southeasterly right-of-way line ofU S I-hghway 377, to a point,
THENCE S 43054'43" W, 40 56 feet, parallel w~th and 50 feet from at right angles to the
southeasterly right-of-way line ofU S Highway 377, to a point on the south line of smd
Buroh 10 acre tract and the north line of that certain called 5 014 acre tract described m
EXHIBIT C continued
deed tO John Alan Jeffenes and Lan Bm Jeffenes recorded m Volume 4220, Page 1373 of
the Real Property Records of Denton County, Texas,
THENCE S 89°20'59' W, 42 11 feet, along the south line of smd Burch 10 acre tract and
the north line of said Jeffenes tract, to a point that is 20 feet from at right angles to the
southeasterly right-of-way lme of smd U S I-hghway 377,
THENCE N 43o54'43" E, 69 07 feet, parallel w~th and 20 feet from at nght angles to smd
U S I-hghway 377, to a point,
THENCE N 39056'33" E, 119 14 feet parallel w~th and 20 feet from at right angles to
smd U S Highway 377, to a point,
THENCE S 50o03'27" E, 8 50 feet, to a point that is 28 5 feet from at nght angles to the
southeasterly right-of-way line of smd U S Highway 377,
THENCE N 39056'33" E, 89 00 feet, parallel w~th and 28 5 feet from at nght angles to
smd U S Highway 377, to a point;
THENCE N 50003'27" W, 8 50 feet, to a point that ~s 20 feet from at right angles to the
southeasterly nght-of-way line of smd U S I-hghway 377,
THENCE N 39o56'33" E, 32 25 feet, parallel w~th and 20 feet from at right angles to said
U S I-hghway 377, to a point,
THENCE N 36053'39" E, 100 04 feet, parallel w~th and 20 feet from at nght angles to
smd U S I-hghway 377, to a point, being at the point of curvature of a curve to the right,
THENCE Northeasterly, parallel w~th and 20 feet from at right angles to smd U S
I-hghway 377, vath the arc of smd curve having a radms of 3699 58 feet, a central angle
of 00°41'17'', whose chord bears N 43°41 '45" E, 44 43 feet, an arc length of 44 43 feet to
a point,
THENCE N 44°02'24" E, 2268 69 feet, parallel voth and 20 feet from at nght angles to
said U S I-hghway 377, to a point,
THENCE N 44039'03" E, 705 08 feet, parallel vath and 20 feet from at nght angles to
said U S H~ghway 377, to the POII~IT OF BEGINNING and containing approximately
2 327 acres of land