08-05-16-Resolution-Eminent Domain Acquisition Falls property-08/01/2016RESOLUTION : #I 08-0516
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER,
TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION,
FOR PUBLIC PURPOSES OF THE PROPERTY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO, WITHIN THE CITY OF SANGER,
DENTON COUNTY, TEXAS; AUTHORIZING THE CITY ATTORNEY
TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE
PROPERTY; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SANGER, TEXAS,
SECTION 1. That the City Council of the City of Sanger, Texas, hereby fmds and
determines that a public necessity exists for the welfare of the Ciiy and its citizens, and it is in
the public interest, to acquire the property described in Exhibit "A", attached hereto and made a
pars hereof for all purposes. The acquisition of the property described in Exhibit "A" is for the
public purpose of the expansion, maintenance and operation of a wastewater treatment plant,
situated in and serving the zens of the City of Sanger, Denton County, Texas, in accordance
with the Texas Constitution and the laws of the State of Texas.
SECTION 2. That the City Council of the City of Sanger, Texas, hereby finds and
determines that an appraisal has been conducted of the subject property and that the fair market
value has been determined by that appraisal. The City Council further finds that the City
Manager or his representative has heretofore attempted tongree on damages and compensation
to be paid to the owners of the properties and has otherwise attempted to negotiate a purchase
price for the property required with the owners and that such efforts were not successful in
acquiring the property. The City Council hereby resolves and authorizes the City Manager and
City Attorney to file or cause to be filed against the owners and interested parties of the property
pxoceedings in eminent domain to acquire the property described in Exhibit "A"
SECTION I That if it is later determined that there are any errors in the descriptions
contained herein or if later surveys contain more accurate revised descriptions, the City Attorney
or his designee is authorized to have such errors corrected or revisions made without the
necessity of obtaining additional City Council approval authorizing the condemnation of the
corrected or revised property interests.
SECTION 4. This Resolution shall become effective immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Sanger, Texas,
on this the % i day of 2016.
ATTFCT��
City Attorney�TM��voa�
APPROVED:
Mayor,� i{ a
\\ O C 5lil 'AfJ,
i
EXIIIBII "A"
EXHIBIT "A"
TRACT I:
All That certain tract of land situated in the H. Tierwester Survey, Abstract Number 1241, Cify of
Sanger, Denton County, Texas, being a part of a called 410.356 acre tract of land described in a
deed to Joe R. Falls and Patty J. Falls, as recorded in Instrument Number 2005-51411, Real
Property Records, Denton County, Texas, the subject tract being more particularly described as
follows;
COMMENCING of a cross -tie fence corner past found on the East side of Railroad Avenue for
the most Westerly Northwest corner of said 410.356 acre tract;
THENCE North 87 degrees 29 minutes 44 seconds East with a North line thereof, departing the
East side of said Avenue, along or near a fence, a distance of 408.30 feet to a metal fence
corner post for an inner ell corner of said 410,356 acre tract;
THENCE North 02 degrees 41 minutes 53 seconds West with a West line thereof, clang or near
a fence, a distance of 381.28 feet to a fence corner post for a Northwest corner of said 410.356
acre tract;
THENCE South 88 degrees 40 minutes 24 seconds East with a North line thereof, along ar near
a fence, a distance of 418.48 feet to a point;
THENCE South 29 degrees 44 minutes 15 seconds East, departing the North line of said
410,356 acre tract, a distance of 478.77 feet to a capped iron rod set for the most Northerly
corner and POINT OF BEGINNING of the herein described tract;
THENCE South 29 degrees 44 minutes 15 seconds East, a distance of 130.97 feet to a metal
fence corner post found for an angle point on a Northeast line of the herein described tract and
the most Westerly corner of a tract of land described in a deed to the City of Sanger, as
recorded in Volume 639, Page 267, Deed Records of said County;
THENCE South 31 degrees 02 minutes 54 seconds East with the Southwest line thereof, along
or near a fence, a distance of 359.82 feet to a metal fence corner post found for an inner el(
corner of the herein described tract and the most Southerly corner of said City of Sanger tract;
THENCE North 58 degrees 57 minutes 37 seconds East with the Southeast line thereof, along
or near a fence pars of the way, a distance of 411.87 feet to a capped iron rod set in the
Southeast line of said City of Sanger tract and being a Northeast corner of the herein described
tract;
THENCE South 31 degrees 03 minutes 01 seconds East, departing the Southeast line of said
City of Sanger tract, a distance of 145.21 feet to a capped iron rod set for the most Easterly
corner of the herein described tract, from which a capped iron rod found stamped "Alliance" for
the Southwest corner of Lot 10 in Block B of Ranger Creek Estates, Phase 2, an addition to the
City of Sanger, according to the plat thereof recorded in Cabinet W, Page 17, Plat Records of
Denton County, Texas, bears North 09 degrees 40 minutes 56 seconds East, a distance of
1000.78 feet and a capped iron rod found stamped "Alliance" for the Southeast corner of Lot 16
in Block F of said Addition bears North 52 degrees 37 minutes 48 seconds East, a distance of
1523.59 feet;
EXHIBIT "A"
THENCE South 59 degrees 23 minutes 32 seconds West, a distance of 752.84 feet to a capped
iron rod set for the most Southerly corner of the herein described tract;
THENCE North 30 degrees 48 minutes 45 seconds West, a distance of 631.57 feet to a capped
iron rod set for the most Westerly corner of the herein described tract;
THENCE North 59 degrees 10 minutes 21 seconds East, a distance of 341.35 feet to the
POINT OF BEGINNING and enclosing 6.292 acres of land more or less.
Tract I l:
All that certain tract of land situated in the H. Tierwester Survey, Abstract Number 1241, City of
Sanger, Denton County, Texas, being a part of a called 410.366 acre tract of land described in a
deed to Joe R. Falls and Patty J. Falls, as recorded in Instrument Number 2005-51411, Real
Property Records, Denton County, Texas, the subject tract being more particularly described as
follows;
COMMENCING at across -tie fence corner post found on the East side of Railroad Avenue for
the most Westerly Northwest corner of said 410.356 acre tract;
THENCE North 87 degrees 29 minutes 44 seconds East with a North line thereof, departing the
East side of said Avenue, along or near a fence, a distance of 408.30 feet to a metal fence
corner post for an inner ell corner of said 410,356 acre tract;
THENCE North 02 degrees 41 minutes 53 seconds West with a West line thereof, along or near
a fence, a distance of 381.28 feet to a fence corner post for a Northwest corner of said 410.356
acre tract;
THENCE South 88 degrees 40 minutes 24 seconds East with a North line thereof, along or near
a fence, a distance of 476.85 feet to a point;
THENCE South 29 degrees 44 minutes 15 seconds East, departing the North line of said
410.356 acre tract, a distance of 447.70 feet to a capped iron rod set for the most Westerly
corner and POINT OF BEGINNING of the herein described tract;
THENCE North 59 degrees 10 minutes 21 seconds East, a distance of 358.85 feet to a
capped iron rod set for the most Northerly corner of the herein described tract, from which a
capped iron rod found stamped "Alliance" for the Southwest corner of Lot 10 in Block B of
Ranger Creek Estates, Phase 2, an addition to the City of Sanger, according to the plat thereof
recorded in Cabinet W, Page 17, Plat Records of Denton County, Texas, bears North 19
degrees 44 minutes 15 seconds East, a distance of 470.62 feet and a capped iron rod found
stamped "Alliance" for the Southeast corner of Lot 16 in Block F of said Addition bears North 76
degrees 04 minutes 43 seconds East, a distance of 1584.76 feet;
EXHIBIT "A"
THENCE South 31 degrees 03 minutes 01 seconds East, a distance of 464.69 feet to a capped
iron rod set for the Southeast corner of the herein described tract and being in the Southeast
line of a tract of land described in a deed to the City of Sanger, as recorded in Volume 639,
Page 267, Deed Records of said County;
THENCE Northwesterly, with a Southwest line of the herein described tract and the Northeast
line of said City of Sanger tract, the following 5 courses and distances:
1) North 79 degrees 55 minutes 05 seconds West, a distance of 24.25 feet to a capped iron
rod set;
2) North 52 degrees 59 minutes 29 seconds West, a distance of 100.05 feet to a capped
iron rod set;
3) North 31 degrees 20 minutes 04 seconds West, a distance of 108.31 feet to a capped
iron rod set;
4) North 25 degrees 12 minutes 50 seconds West, a distance of 66.85 feet to a capped iron
rod set;
5) North 00 degrees 28 minutes 35 seconds West, a distance of 58.06 feet to a capped iron
rod set for an inner corner of the herein described tract and the most Northerly corner of
said City of Sanger tract;
THENCE South 59 degrees 12 minutes 36 seconds West with the Northwest line thereof, along
or near a fence part of the way, a distance of 342.00 feet to a capped iron rod set for the most
Westerly Southwest corner of the herein described tract;
THENCE North 29 degrees 44 minutes 15 seconds West, departing the Northwest Line of said
City of Sanger tract, a distance of 131.01 feet to the POINT OF BEGINNING and enclosing
1.426 acres of land more or less.
TOGETHER WITH that 501 Road and Utility Easement granted to The City of Sanger, Texas, as
described in instrument recorded in Volume 639, Page 267, Deed Records, Denton County,
Texas.
Note: The Company is prohibited from insuring the area or quantify of the land described herein. Any statement in
the above legal description of the area or quantity of land is not a representation that such area or quantity is correct,
but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof.
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