HomeMy WebLinkAbout2003-033ORDINANCE NO.-M09-6'3&
AN ORDINANCE DECLARING THAT A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF A DRAINAGE EASEMENT CONTAINING APPROXIMATELY 0.881
ACRE, SUCH EASEMENT BEING OUT OF THAT CERTAIN REAL PROPERTY
CONVEYED TO W.J.O. MULLINS BY DEED RECORDED IN DENTON COUNTY
CLERK'S FILE NUMBER 97-R0083577 AND BEING SITUATED IN THE WILLIAM
BRYAN SURVEY, ABSTRACT NO. 148, IN DENTON COUNTY, TEXAS; AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE
PROPERTY FOR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED,
AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY
PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE EASEMENT;
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 permanent drainage easement for drainage
purposes containing approximately 0.0881 acre of land as more particularly described in Exhibit
"A" and depicted on Exhibit `B", both of which are attached hereto and made a part hereof by
reference (the " Easement" or "Easement Property"); and
WHEREAS, the Easement Property is believed to be owned by W.J.O. Mullins
("Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. Public necessity exists and public welfare and convenience require the
acquisition by the City of Denton, Texas of the Easement for drainage purposes and the
Temporary Construction Easement for temporary construction purposes. The City Manager, or
his designee, is hereby authorized and directed to make an offer for the Easement in the amount
of $4,136.00 to the Owner of the Easement Property, which amount is based on an independent
appraisal prepared at the City's direction (the "Offer"). The City Council finds that the Offer
represents just compensation due the Owner for the Easement said Offer being fair market value
of the Easement and severance damages, if any, resulting from the City's acquisition of the
Easement.
SECTION 3. In the event the Offer is refused by the Owner, the City Attorney or his
designee is hereby authorized and directed to file the necessary condemnation proceedings or
suit and take whatever action that may be necessary against the Owner and any other parties
having an interest in the Easement Property to acquire the Easement in the name of the City of
Denton, Texas for the purposes set forth above.
SECTION 4. If it should be subsequently determined that additional parties other than
those named herein have an interest in the Easement Property, then in that event, the City
Attorney or his designee is authorized and directed to join said parties as Defendants in said
condemnation.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2003.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:*
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
�&� Ao-ck--
EULINE BROCK, MAYOR
Page 2
Exhibit A
0.81 l ACRE
DRAINAGE EASEMENT
WILLIAM BRYAN SURVEY, ABSTRACT NO. 148
CITY OF DENTON
DENTON COUNTY, TEXAS
BEING a tract of land situated in the William Bryan Syrvey, Abstract No. 148, Denton
County, Texas, and being part of a tract of land as described by depd to W. J. 0. Mullins,
as recorded under County Clerk's File No. 97-R0083577 of the Real property Records of
Denton County, Texas, and being more particularly described as follows:
BEGINNING at a point in the south line of U. S. Highway No. 380, sarne point bears
North 88 degrees 23 rginutes 45 secopds West, a distance of 165.93 feet from the
northeast comer of said Mullins tract;
THENCE South 00 degrees 10 minutes 19 seconds West, over and across said Mullins
tract, a distance of 503.75 feet to a point in the south line of said Mullins tract, same
being in the north lipe of a tract of land as described by deed to A. N. Bradford as
recorded in Volume 329, Page 496 of the Peed Records of Denton County, Texas;
THENCE North 89 degrees 50 miputes 00 seconds West, with the south line of said
Mullins tract and the north line of said Bradford tract a distance of 70.00 feet to a point
for comer,
THENCE North 00 degrees 10 minutes 19 seconds East, ovpr and across said Mullins
tract, a distance of 505.51 feet to a point for corner in the south line of said U. S.
Highway No 380;
THENCE South 88 degrees 23 minutes 45 seconds East, with the south line of said U. S.
Highway No. 380, a distance of 70.02 feet to the POINT OF BEGINNING and
containing 0.811 of an acre of land more or less.
m
Exhibil B
S882J'45"E
70.02'
U.S. HIGHWAYNO. (1,00' RICH r—pF—WAY)
5882J'45`27
165.9J'
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A. N. Bradford - Vol. J29, Pg. 496
NOTE:
THE EXHIBIT HEREON IS DONE
IN CONJUNCTION WITH THE TITLE
COMMITMENT SUPPLIED BY TEXAS
TI1E CO. G.F. NO. 2001 DE 129016—Y.
DRAINAGE
EASEMENT EXHIBIT
0.811 ACRE
WHIlAM BRYAN SURVEY,
ABSTRACT NO. 148
CITY OF DENTON
DENTON COUNTY, TEXAS
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Dionne Atkinson - Vol. 688, Pg. 329
rthur Surveying Co., Inc.
PmfcmozW Land Surveyors
972-221-94J9 Far 972-221-4575
220 Elm Sheet. Suite 200 P.O. Box 54
LewisWic. Texas 75067
RENSED TO REFLECT 717ZE MMM17MEN7- 111812001
DATE: 9/5/2001 SC - 1' � 100' DRAWN BY: MBAm CHECKED BY: A.S.C. NO.: _ 21C271