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Home My WebLink About26-1747ORDINANCE NO.26-1747 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE ACQUISITION OF APPROXIMATELY 0.3423 ACRES OF LAND IN FEE SIMPLE, BEING LOCATED AT 200 WEST RYAN ROAD, IN THE CITY AND COUNTY OF DENTON, TEXAS, 76210, SITUATED IN THE T. MARTIN SURVEY, ABSTRACT NO. 900, FROM DRAKE J. AND JULIE REBECCA LIVINGSTON, FOR THE PURPOSES NEEDED FOR THE RYAN ROAD WIDENING PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS IN THE AMOUNT OF ONE HUNDRED FORTY-FIVE THOUSAND, THREE HUNDRED FORTY-TWO AND NO/100 DOLLARS ($145,342.00) FOR PROPERTY INTEREST ACQUISITION PLUS ASSOCIATED CLOSING COSTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has identified the above -captioned tract; containing approximately 0.3423 acres of land in fee simple, and being more particularly described in Exhibit "A," attached hereto and made a part hereof for all purposes (the "Property"), for the purpose of securing the ultimate right-of-way along with providing a new driveway approach; and WHEREAS, the City of Denton ("City") after consideration of this matter, has determined that a public use and necessity exists, and that the public welfare and convenience requires, the acquisition of a fee simple interest out of the Property, subject to the exceptions, reservations, covenants, conditions and/or interests, if any, provided in the form instrument more particularly described in Exhibit "B" attached hereto and made a part hereof for all purposes ("Property Interests"); and WHEREAS, City Council finds that the acquisition of the Property is for a valid public use necessary to provide for the widening of Ryan Road, and improvements to drainage crossings and ditches, sidewalks and lighting for the Ryan Road Widening Project (the "Project"); and to serve the public and the citizens of the City; and WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller, the Property Interests, together with any and all rights or interests of Seller in and to adjacent streets, alleys, and Rights -of -way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances to the Property Interests (collectively, the "Property"); and WHEREAS, the City has obtained an appraisal by a qualified independent appraiser who is not an employee of the City in accordance with Section 252.051 of the Texas Local Government Code and desires to accept fee simple title to the property for future public uses; and WHEREAS, the City has agreed with the Owner of the Property to pay a purchase price of One Hundred Forty -Five Thousand, Three Hundred Forty -Two and No/100 Dollars ($145,342.00) and associated closing costs Property Interests; and NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. That public necessity requires that City acquire the Property Interest in the Property for the Project. SECTION 3. The City Manager, or designee, is hereby authorized and directed to consummate and accept the purchase, grant and conveyance to the City of the Property Interest in and to the Property pursuant to the conveyancing instrument substantially in the form described in Exhibit "B", attached hereto and made a part hereof for all purposes, and approved as to form by the City Attorney and to execute, deliver and receive such other usual and customary documents necessary, appropriate and convenient to consummating this transaction. SECTION 4. The City Manager is further authorized to make expenditures and to carry out all duties and obligations as set forth in the Contract. SECTION 5. City Manager, or designee, is hereby authorized to expend funds in the amount of One Hundred Forty -Five Thousand, Three Hundred Forty -Two and No/100 Dollars ($145,342.00) and associated closing costs. SECTION 6. The Owner has been provided with a copy of the Landowner's Bill of Rights, as contemplated by applicable state statute. SECTION 7. If any section, article, paragraph, sentence, phrase, clause, or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 8. This ordinance shall become effective immediately upon its passage and approval. [Signatures to appear on the following page.] Page 2 The motion to approve this ordinance was made by Joe Holland and seconded by Jill Jester The ordinance was passed and approved by the following vote [ - o 1: Aye Nay Chris Watts, Mayor: ✓ Jordan Villareal, District l: Nick Stevens, District 2: ✓ Suzi Rumohr, District 3: ✓ Joe Holland, District 4: ✓ George Ferrie, At Large Place 5: ✓ Jill Jester, At Large Place 6: ✓ Abstain Absent NA PASSED AND APPROVED this the 27th day of October , 2026. CHRIS WATTS, ATTEST: KRISTI GILBERT, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: Page 3 EXHIBIT "A" RIGHT-OF-WAY (0.3423 acre Tract) EXHIBIT "A" 0.3423 ACRE BEING a tract of land situated in the T. Martin Survey, Abstract No. 900, City of Denton, Denton County, Texas, and being a portion of a called 3.929 acre tract of land described in a deed to Drake H. Livingston, recorded in Instrument No. 2013-101576 of the Official records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod with plastic cap stamped "KHA" set for the southwest comer of said 3.929 acre tract, common to the southeast comer of a called 2.9854 acre tract of land described in a deed to Jorge Rebollar, Jr., recorded in Instrument No. 2023-24403 of the Official Records of Denton County, Texas, same being on the northerly right-of-way line of Ryan Road, a variable width right-of-way; THENCE North 04°23'56" West, departing the northerly right-of-way line of said Ryan Road, along the common line of said 3.929 acre tract and said 2.9854 acre tract, a distance of 5027 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for comer; THENCE North 88°59'35" East, departing said common line and crossing said 3.929 acre tract, a distance of 218.42 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set at the beginning of a tangent curve to the right with radius of 1,155.00 feet, a central angle of 00°34'17", and a chord bearing and distance of North 89*1644" East, 11.52 feet; THENCE in an easterly direction, continuing across said 3.929 acre tract, with said tangent curve to the right, an arc distance of 11.52 feet to a 518 inch iron rod with plastic cap stamped "KHA° set for corner; THENCE North 89"33'52" East, continuing across said 3.929 acre tract, a distance of 73.36 feet to a 5/8 inch iror rod with plastic cap stamped "KHA" set on the easterly line of said 3.929 acre tract, same being on the northerly right-of-way line of said Ryan Road, from which a 1 /2 inch rod found for the southwest comer of Lot 37, Block A of Estates of Forrestridge, Section III, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet K, Page 295 of the Plat Records of Denton County, Texas, bears North 00°57'28' West, 4.15 feet; MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY_, SUITE 210 FRISCO, TEXAS 75034 PH.972-335-3580 michael. mans@kimley-hom. com EXHIBIT "A" RIGHT-OF-WAY DEDICATION PARCEL NO. 15 0.3423 ACRE T. MARTIN SURVEY, ABSTRACT NO. 900 CITY OF DENTON DENTON COUNTY, TEXAS Page 4 EXHIBIT "A" RIGHT-OF-WAY (0.3423 acre Tract) EXHIBIT "A" 0.3423 ACRE THENCE South 00°57'28" East, along the northerly nght-of-way line of said Ryan Road and along the easterly line of said 3.929 acre tract, a distance of 48.05 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for the southeast comer of said 3.929 acre tract; THENCE South 88°44'14" West, continuing along the northerly right-of-way line of said Ryan Road and along the southerly line of said 3.929 acre tract, a distance of 300.28 feet to the POINT OF BEGINNING and containing 0.3423 of an acre (14,911 square feet) of land, more or less. MICWAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-hom.com EXHIBIT "A" RIGHT-OF-WAY DEDICATION PARCEL NO. 15 0.3423 ACRE T. MARTIN SURVEY, ABSTRACT NO. 900 CITY OF DENTON DENTON COUNTY. TEXAS Page 5 IRSC N4°23'56"W 50.27' I LEGEND EXHIBIT "B" RIGHT-OF-WAY (0.3998 acre Tract) CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD C1 0-34'17" 1155.00' 1152' N89-16'"-E 1 11.52' I I CALLED 3.929 ACRES DRAKE J. LIVINGSTON INST NO.2013-101576 O.R_D_C_T. CALLED 2 9854 ACRES JORGE REBOLLAR, JR_ INST_ NO. 2023-24403 O.RD.C_T_ NORTH G 3Ci GRAPHIC SCALE IN FEET i I/ LOT 37, BLOCK A ESTATES OF FORRESTRIDGE SECTION III CABINET K, PAGE 295 PRD.C_T T MARTIN SURVEY ABSTRACT NO. 900 N 89° 33'52"E 73.36' 518" IRF N88`59'35"E 218.42' C1 IRSC) 4.15' 0.3423 ACRES 14,911 SO. FT. SO°57'28"E 48.05' S88°44' 14"W P.O.B. J ...................... RYAN ROAD ; ......... . CALLED 0Z38 ACRES RDW DEDICAT1oN (VARIABLE WIDTH R.O.W.) IRSC oil-i...................................... — — A = CENTRAL ANGLE P_O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRFC = IRON ROD W/CAP FOUND P.R.D.0 T. = PLAT RECORDS OF DENTON COUNTY, TEXAS O.R-D.0 T_ = OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS M.R_D-C T_ - MAP RECORDS, DENTON COUNTY, TEXAS 61'.ae � MICFiAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH.972-335-3580 michael.marx@kimley-hom.com NOTES Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1981 EXHIBIT "B" RIGHT-OF-WAY DEDICATION PARCEL NO. 15 0.3423 ACRE T. MARTIN SURVEY, ABSTRACT NO. 900 CITY OF DENTON DENTON COUNTY. TEXAS Page 6