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12-16-15-Resolution-Necessity for Acquisition of Easements for Public purposes Hartman property-12/21/2015RESOLUTION 12-16-15 SIaCTI®N 1. That the City Council of the City of Sanger, Texas, hereby finds and determines that a public necessity exists for the welfare of the City and its citizens, and it is in . the public interest, to acquire the easements on, over and across the properties described in Exhibit "A", attached hereto and made a part hereof for all purposes. The acquisition of the easements described in Exhibit "A" is for the public purposes of the widening, maintenance and operation of a public street, highway and road, to wit; Mc Reynolds Road, situated in Denton County, Texas, by providing fox appropriate easements necessary and associated with the construction, widening, and maintenance of such public street, highway and road, in accordance with the Texas Constitution and the Laws ofthe 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 properly and that the fair market has been determined by that appraisal. The Council finther finds that the City 'Manager .or his representative has heretofore attempted to agree on damages and compensation to be paid to the owners of the properties and has otherwise attempted to negotiate a purchase price for the properly interests required with the owners and that such efforts were not successful in acquiring the interests, The Council hereby resolves and authorizes the City Manager and City Attorney to file or cause to be filed against the owners and interested parties o:EThe properties proccedings in eminent domain to acquire the easements described in Exhibit "A". SECTIOIN 3. 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 Ciiy Council approval authorizing the condemnation of the corrected or revised property interests. SECTION �. 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 5 tday oC s. 4v 0 APPROVED: Mayor ATTEST: j� �� �Of1 1� L ' �-L- City Secretary APPROVED AS TO FORM: Ciiy Attorney �� �aosa� `4,�`��1ti(sts�las`rzt, R ���hssUs a tti [LEGAL DESCRIPTION] 1 &477 EXHIBIT "A" SLOPE EASEMENT Part of Roger Wayne Hartman and wife, Linda Walden Hartman Felipe Jaime Survey, Abstract No. 664 Denton County, Texas DESCRIPTION, of a 7,579 'square foot (0.174 acre) tract of land situated in the Felipe Jaime Survey, Abstract No. 664, Denton County, Texas; said tract being a part of that called 9.99 acre Tract of Sand described in Warranty Deed With Vendor's Lien to Roger Wayne Hartman and wife, Linda Walden Hartman recorded in Document Number 96-R0003828 of the. Deed Records of Denton County, Texas; and a part of that called 10.00 acre tract of land described in General Warranty Deed to Roger Hartman and wife, Linda Hartman recorded in Instrument Number 1014-36829 of the Official Records of Denton County, Texas; said 7,579 square foot (0.174 acre) tract being more particularly described as follows (bearing system for this survey is based on the Texas State Plane Coordinate System - NAD 83, North Central Zone 4202, based on observations spade on January 8th, 2014 with a combined scale factor of 1.00015063): COMMENCING, at an 518-inch iron rod found at the southwest comer of said 10.00 acre tract; said point being the southeast corner of that tract of land described in Assignment of Veterans Land Board Contract of Sale and Purchase to J. Silvestre & Mary L. Montalvo recorded in Document No. 94-R0092990 of the Deed Records of Denton County, Texas; from said point a 112--inch iron rod found at the southeast corner of said 10.00 acres tract bears South 88 degrees, 10 minutes, 27 seconds East, a distance of 209.95 feet; THENCE, North 01 degrees, 15 minutes, 58 seconds East, with the west line of said 10.00 acre tract the east line of said Montalvo tract, a distance of 2,038,$6 feet to Lite POINT OF BEGINNING, ' THENCE, North 01 degrees, 15 minutes, 58 seconds East, continuing with the west line of said 10.00 acre tract the east line of said Montalvo tract, a distance of 3.13 feet to a point for corner; said point being in the occupied south line of McReynolds Road (a generally recognized public road, no record of dedication found); THENGE; South 88 degrees, 27 minutes, 05 seconds East, departing the west line of said 10,00 acre tract the east Iine of said Mon#alvo Tract and along the said south line of McReynolds Road, a distance of 419.77 feet to a point for corner in the east line of said 9.99 acre tract; said point being in the west line of that tract of land described as Tract One in Warranty Deed to John Bryson Rasco, Jr. recorded in Document No. 95-R0003400 of, the Deed Records of Denton County, Texas. - HENCE, South 01 degrees, 16 minutes, 03 seconds West, departing the said south fine of McReynolds Road, and with the.east Iine of said 9.99 acre tract and The west fine of said Tract One, a distance of 51.18 feet to a point for corner; THENCE, North 73 degrees, 22 minutes, 31 seconds West, departing the east line of said 9.99 acre tract and the west line of said Tract One; a distance of 129.14 feet to a point for corner; THENCE, North 86 degrees, 06 minutes, 19 seconds West, a distance of 201.67 feet to a paint fior comer, Sheet 1 of 3 F1 15-477 EXHIBIT "A" SLOPE EASEMENT Part of Roger Wayne Hartman and wife, Linda Walden Hartman Felipe Jaime Survey, Abstract No. 664 Denton County, Texas TfiENCE, North 84 degrees, 39 minutes, 58 seconds West, a distance of 94.01 fast to the :'DINT OF BEGINNING; CONTAINIIsIG: 7,579 square feet or 0.174 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description*accurately sets out the metes and bounds of the easement tract described. fi Rene Silvan 1 110 014 •�•�••�=�••••• Registered Professional Land Surveyor No. 5921 IQ Pacheco Koch Consulting Engineers 16100 Western Place, 41001, Fort Worth Texas 76107R•+� �B17) 412-7155 TX Reg_ Surveying Firm LS-l01938-24 3907-34.081EX Z9.daacri5 3d0T-14_(kJJ1 EX Z9.durg cae Sheet 2 of 3 r. F2 15-477 O U EASEMENT -LINE O PCINT FOR CCRIER (UNLESS owtHFR4N5F NOTEa) (C.M.) - CONWI LLING M-MUUENT EXHIBIT AllAil :fN zE MILLER F&WLY TRUST LA.a ► -i•> > RECORD • i • FOUND) ---- --- _ R. 8E EC SC7R4£Y• ABSTR,1Cr H7 29 N 01 `i 5'58A E - S 88027'05" E 419.77' F- JAJAM#(E 5URVEY AeSTRACr Nc 664 - s/e—INCH R06 FO:1N0 I N8@°0a IV W 94 01' 20 ' R^. CV 1.6� SLOPE EASEMENT t 7.579 SF' (0.174 ACRES) LJ !L �r N n Z Z `� r7 <� E N S �ZCO z N 88�0'27 Vd [ua.yJ U The undersigned, Registered Professional hand Surveyor, hereby certifies that This plat of D F _ surve accurate) sets out the metes and '��•••••• rF Y y a• is7 '•� bounds of the easement tract described. � •¢ea�F&';IV , AV so RENT^ SILVAS so A�:A 59211 r� n id ovaAOPwo ESS�°? o Ren6 lives Da e 4 4 URll0 Registered Professional Land Surveyor No. 5921 Iowa pw 6100 WESTERN PLACE, SUITE 10M Pacheco h>� o h FORT WORTH, TX 76107 7.4117155 TX REC. ENGNEERINGFIRM iF-14439 TX REG. SURY"NG FIRM LSS-101936 'y ABAVa BY CRECKEl7 SY BCNX DAM M JCB M &VER DRI' RS 1"=100, 11/10/2014 3407-14.001 S 0116`03" W — 51.18' rON N 73°22'31" W 129.14'4� G V � {p0 F- C W Q Co �' a 03 O C 7 O O u n< o LnL� 1 Z K O 0 Lp to zI—� y rn ob I 33¢Ci Gra-a z ai ca z ci o o�g a IRON NQTES: 1. A metes and bounds descriptlan of even survey date herewith accompanies this plat of survey. 2. Bearing system for this survey is based on the Texas State Plane Coordinate System — NAD 83, North Central Zane 4202, based on observations made on January 8th. 2014 with a combined scale factor of 1.000150630 smvjw DENTON COUNTY, SHEET OF DWG FILE: 3407 14.OQ1EX-29.DWG F3 1 &477 Temporary Construction Easement: Grantor further grants to Grantee a Temporary Construction Easement, on, over, along, through, and across Grantor's property, with said easement being a maximum of Fifteen feet (15') in width (only where that much width is available), and parallel to the Slope and/or Drainage Easement shown in Exhibit "A", attached hereto and incorporated herein by this reference, for all,of the purposes described in the above Perpetual Easement, and including ingress, egress, and storing materials on the said Temporary Construction Easement tract, during and throughout the period of construction of the Slope and/or Drainage improvements and the related appurtenances and facilities known as the City of Sanger McReynolds Road Widening Project, This is only for the construction of the road improvements required by the City of Sanger, and is only for that work necessary for the execution of the approved construction plans and shall be performed within said easement. The Temporary Construction Easement, upon completion of these improvements will terminate. The termination of this Temporary Construction Easement shall not, in any way, cancel, terminate, reduce, or diminish the Easement granted above, Grantor warrants fio the Grantee, its successors and assigns that Grantor has fee simple title to the above -described property and the unlimited right, power, and authority to grant the Easements described herein and to render the above -described property subject thereto. The Easements granted herein shall be binding upon Grantor and Grantor's heirs, successors, and assigns and shall inure to the benefit of the Grantee, its successors and assigns, TO HAVE .AND TO HOLD the Easement to Grantee and Grantee's heirs, successors, and assigns forever, Grantor binds Grantor and Grantor's heirs, successors, and assigns to warrant and forever defend the title to the Easement in Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the Easement or any part of the Easement. EXECUTED this day of , 2015. Owner Owner G2 15-463 EXHIBIT "All SLOPE EASEtviENT Par` of Alexander Living Trust F.lipe Jaime Survey, Abstract No, 664 Denton Courtly, Texas DES;;RiI'TIOI}lI ,4112 acre} tract of land situafed in the Felipe Jaime Survey, Abstracl t:1o. 6e4, Gent€r j Cour;ty, Texas; said tract being a part of,that tract of land described In Special Wbrranty Creed to Alexander Living. Trust recorded in Document Plumber 97-R0072105 of the Deed Records of Denton County, Teas; said 4,883 "square foot (0.112 acre) tract being more particularly described as fcojbvorb ( rrEmg system for this sUrvav is based on the Texas State Plane Coordinate System, - NAD 83, North Central Zone 4202, based on observations made on January 8th, 2014 with a mmbbried scale factor of 1 .00,01 5063)* C f3l�fit7Eltii IIsC, at a 2-irk iron pipe sound at the southeast comer of said Aiexander Living Trust tract; said po nt beijng the southwest comer of that tract of land described in Warranty Deed With vendor's Lien to Ke Uh R. Wilde and sal€e, Wanetta L. Bass -Wilde recorded in Volume 5096 Page 666 of the Deed Reverds of Denton County, Texas; from said point a 14rich iron pipe found at the southwest corner of said Alexander Living Trust. Fact bears South 88 degrees, 14 minutes, 31 seconds •East, a distance of 119.69 feat; T HEirJCE, l+!artli ©1 degrees, 13 minutes, 36 seconds East, ��th the east tiny of said Alexander Lf+r-rtg T rust bract and the west line of said Wilde tract, a distance of 2,031.76 feet to the POINT OF BEGINNING; THUICE, North 87 degrees, 09 minutes, 29 seconds West, departing the said east line of said Alexander L Osig Trust t act, a distance of 366.54 feet to a point for corner; ,, sEl�lCi<, :]orfi:7 85 degrees, 05 minutes, 24 seconds West, a distance of 52.89 feet to a point for corner i;, t.�►e �vest'Ina of sapd Alexander Li -,.ping tntst tract; 'HEN CE Nortl3 01 decrees, 1=1 rrtinutes, 46 seconds East, tivitll the said vlest line of said Aiexander Li+.irtg Tri3st tract: a distance of 6.01 feat to a point fcr corner in ti-ta occupied south line of McReynolds Road (a generally recognized public road, no recc; d of dedication found); THENCE, 5flstiu 88 degrees, 12 minutes, 34 seconds East, along the said south fine of McReynolds Road, a di��'�� of 19.20 fee4 to a point far earner in the said east line of said Alexander Living Trust tract, TNLIN^E, Soulth 0'1 degrees, 13 mnu=ws, 36 seconds Vilest; %AILU11 the east time of said Alexander Living Tess' tract and the west €ine a#said `vtif>!de tract, a distance of 15.62 feet to the PO1hiT OF i3EGiNNING; CONTAlhI;NG, 4,883 square feet or 0.112 acres of lane: more or less. �A sbv-va1/pIai of ever; survey date harev,lth accompanies ,iris o'ascri; tor.; Ttie undersi -red, Registered Professional Land Sctnleycr, hereby certifies that tl:e foregoing description acc's.rratnl s �.� out ti3e mates and trounds cf the easement tract descriFied. fcesistereri Prot sionet Land SuXe7 Poo 5921 Paichaco Kacir Consulting Enc;Tneers 6100 si`les=.ern Place, MI 001, Fort Worth Texas 76107 (817) 412--1155 TX Reg, Surveying Firm LS-101938-24 34rj7 14.£ i!EX 22.dccx RS 347:r f4_t3�"Ei;22.d:vg C�+E Sheet I of 2 F1 15-463 �sffs�s cn-:sm+z� xat�cj A o c - pm , o_ L cs EXHIBIT A'" GRAPHIC TriE i�SIL.ER FA,U,iLY TRUST TRACT t (tKl 665, PG. 765) ylV l X .•,rr �• a r. (GENE7?ALL y REcoGMIZED FU6UC ROADe ! No FSr.ORO OF DEDICA77ON FOUND) i • tr hN • wz ►swz rrsr��Jr.�►I��rA►�I1.�rllff•,' .._ St_OPE EASF(viENT 4,883 5F (GA12 ACRES) V NY ArCIMI Ar �, AVD;=R LIVIt4G TRl.iST {OOC. A10. 97—R0G72105) T:ae t�ndea'sigred, Regis#eyed Professional toed g.pve'iGr. here'o}r certifies that this pfat of ,��,.aF suryey GVCEZVatety sets apt the me#es and P:' G sg' �i'; ti f bau � m, Vie easement Tract described. fY... i d Rertir .`z�sas Register ed PTaf�sianaE tend �;Fc-e}�+' Ho. 592t PIP_ r, • i �o n 'n in 1¢ J up x 1. A metes and bounds description of even survey date h�-etvikh accompanies this plat oI survey. •'rs92j....-�•. 2. Bearing system for this survey is based on the Texas State Plane Coordinate System — gss±°� NAD 83, North Centrak Zone 4202, based on 3 U tl`i observations made on January 8th, 2014 with a combined scale factor of 1.00015063. ��1 BATE JG8 fUER Dtu,vvar ��-�B� 1'=100' 1t/fo/2014 3407-1T.001 u BEING OUT flF THE Fr�.iPE JAl?JE SURVEY, p$STitACT �(0. 664 DfMflN CflUN1Y, TEXAS Si4EET 2 OF 2 D'fiG FILE: 3407-1 15-463 Temporary Construction Easement: Grantor further grants to Grantee a Temporary Construction. Easement, on, over, along, through, and across Grantor's property, with said easement being a maximum of Fifteen feet (l5') in width (only where that much width is available), and parallel to the Slope and/or Drainage Easement shown in Exhibit "A", aitached hereto and incorporated herein by this reference, for all of the purposes described in the above Perpetual Easement, and including ingress, egress, and storing materials on the said Temporary Construction Easement tract, during and throughout the period of construction of the Slope and/or Drainage improvements and the related appurtenances and facilities known as the City of Sanger McReynolds Road Widening Project. This is only fox the construction of the road improvements xequired by the Ciiy of Sanger, and is only for that work necessary fox the execution of the approved construction plans and shall be performed within said easement. The Temporary Construction Easement, upon completion of these improvements will terminate. The termination of this Temporary Construction Easement shall not, in any way, cancel, terminate, reduce, or diminish the Easement granted above. Grantor warrants to the Grantee, its successors and assigns that Grantor has fee simple title to the above -described property and the unlimited right, power, and authority to grant the Easements described herein and to xender the above -described property subject thereto. The Easements granted herein shall be binding upon Grantor and Grantor's heirs, successors, and assigns and shall inure to the benefit of the Grantee, its successors and assigns. TO HAVE AND TO HOLD the Easement to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, successors, and assigns to warrant and forever defend the title to the Easement in Grantee and Grantee's heirs, successors, and assigns against every person whomsoever Iawfully claiming or to claim the Easement or any part of the Easement. EXECUTED this day of , 2015. Owner Owner G2