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Home My WebLink About1998-082ORDINANCE NO q P - D 2 2- AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A STREET RIGHT-OF-WAY EASEMENT IN 183 ACRES OF LAND LOCATED IN THE M FORREST SURVEY, ABSTRACT NO 417, OWNED BY RALPH T BULLARD, 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 LAKEVIEW BOULEVARD FROM U S HIGHWAY 380 TO 1200 FEET SOUTH OF U S HIGHWAY 380, AND DECLARING AN EFFECTIVE DATE WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of a street right-of-way easement in the hereinafter described land for the public purpose of constructing Lakeview Boulevard from U S Highway 380 to 1200 feet south of U S Highway 380 and that the City of Denton should acquire said property necessary for said purpose, and WHEREAS, the hereinafter described property is owned by Ralph T Bullard, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That public necessity exists and public welfare and convenience require the acquisition of an eighty (80) foot wide street right-of-way easement in the hereinafter described land for the public purpose mentioned below SECTION II. That the City Manager or his designee is hereby authorized and directed to make an offer for the property to the owner of said hereinafter described property, based on just compensation recommended by an independent appraisal prepared at the City Manager's direction SECTION III. That in the event the offer as described in Section II is refused by the owner of said property, the City Attorney is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against Ralph T Bullard to acquire a street right-of-way easement in 1 83 acres of land located in the M Forrest Survey, Abstract No 417, for the public purpose of acquiring such property for the construction of Lakeview Boulevard from U S Highway 380 to 1200 feet south of U S Highway 380 upon the land more particularly described as follows All that portion of land lying and being situated in the City of Denton, Denton County, Texas, described in Exhibit "A" attached hereto and made a part hereof for all purposes, to which reference is here made for a more particular description SECTION IV. That if it should be subsequently determined that additional parties other than those named herein have an interest in said property, then in that event, the City Attorney is authorized and directed to join said parties as Defendants in said condemnation SSECTION V. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 1) 4" day of —Aah �/L , 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY F\,h,re"ept\LGL\Ourl ummt,\ordinmm\98\bullerd,rc row oitnunue dou iY JAC LLER, MAYOR Page 2 02-02-1998 11 46AM FROM EXHIBIT "A" TO 9403498376 P 04 Bang a tractor pared of Imd dUded is the AS, Forrest Survey, Abe4ad Number 417, Denton Cowq, Tmrsa. geld tract or paned being a portion oftbat owtoin `°pact 30, a 59 996 own txaot ss dmodbed fiom Roa l Mr.A to Firer 01braher Bad& by deed recorded in Volume 2936, Page 6531, p4W Recwd4 Denton Coumy, Tmcas, and also be"a pwbm ofT.at 6, Block A of the mA dhisloa ofsdd bt Porrest Survey as rmor& d in volume 50, Page 236 of said Dead Records, sea tract or pored bmsg more pmdu&dy dw=*W by meta and broods as Mom: CO iCWG at a 140 iron rod fix od far tbo noctbwwt corner of add First Ciibndw Bank react a d also bdog the Nordmast canner of that catda tract desed)ed to T l3tiliard m Vohu m 1521, F'age 948 cfsaid Deeda&cords, same dw bemg on the south nght-ofvaY its Of U S. HigbwW 380; TMCB North SI'29b4' Bast,183 i r to a concrde TxDOT ROW ihumd on and south ngbt oms and the Nord& Una of said Fiat Cvbvkw Bed& tact for a pout otboetaecbm "ENCE North 87'07'4ti' East.100.55' to a 1/2' ma rod set with cap an said South n0d-og way 1o19e and d wNm* lee ofedd Fart Gibrelter Bank UW Sir comas; THMaX Nmtb 81433S2' Baer, 31.6l'to a 1/2" Qoa rod sat with a T On said South ngh"f-W&y has end the Afford& In of soul Flat Ghl* oa; Hank treat fbr the POINT OF BEGINNING. `flH3 #M North 21033SIO HmL S0.00' to a i/2" iron rod sat with nap as aid South nght-of-way line sad the North Use of sdd tabor Gibr w Back tract for comes, TWWCR South 09043W Most, 795.67 to a 1W irons rod not with cap for a post of oorv&huv; TM QCE alova tla ere ofa move to the night, havnig ap.n,dw of 1240.W, a oemrai angle of 09'087Z7', a tangent nnt of 99.131, and a am IOWh of 197 932 t0 a ly2' nos& rod ast wth cap for a pointofttro; THM4CE South 00e2S'09' Weak 10 78' to a 1/Z" icon rod to with cap for winch, avid iron rod also being an. the Satth See of said Fast tirbraker Bank taact and the Notch Una of that emrum Tract 1, recocdad in County Glades Reword No. 9"5817, of aid Deed Records. TFMNCE North 67*3953' Wtat, 80 04' to a 1/2' umn rod eat for coreer on the South hne of aid Phu (38adter Badc tad sal an Neath use of aid Trott 1; 7MNCE Noath W02SWR But, LIV to a 1M" iron rod set v th cap for a point of eurvaeure; Ti3WCR atongd w are oft oorvoto the hat, havlog a radkm of 1160 W. a central maw of 09908'2S', a tmgsat of9173, and a wo Imgth of INS 07 to a lall Jmn rod sat with cap far a PC* Oftangemy, Page 1 of 3 02-02-1998 11.46RM FROM TO 9403498376 P 05 THWCE Nm* Qr437,0' Walt. 7%.OB to the POINT OF HECil<IIVN NG and CONTAINING 79,74O,,,, tam or 183 ,,. ahead area. mass or iess. wittnn these metes aM hounds Page 2 of 3 Ina i,a i I a %�9 ,pO 1 66 Ito - I I 1 i i I I I 1 I I Oki `ti + II1w N6IJ13.6r a U. 5. H 1 GHW AY 380 N61 . n 6e._.� .... SCALE: Ia=100' b " 90 160 SIP � ogro�a ROEDICATr ION 79.740 Sq. Ft. I. 83 Ac. JK\~ EXHIBIT ' A' 80' R. O. W. DEDICATION LAKEVIEW FOR S MAT60 M TN6 M. FORREST SURVEY, ABST. NO. CITY OF DENTON DENTON COUNTY, TEXAS NOOe6'O09•:a� NOT1O. 5.j' M NOlWS66,/$9. 6 'tRPgA-01 c. c. c a• o, c. 417 Page 3 of 3