The URL can be used to link to this page

Home My WebLink About2003-184SAOur Documents\0rdinances\03\Spencer Road-Bickley-Condemnation.doc ORDINANCE NO. �LO — le V AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.357 ACRE TRACT OR PARCEL OF LAND AND AN APPROXIMATE 2.152 ACRE TRACT OR PARCEL OF LAND BOTH IN FEE SIMPLE FOR STREET, UTILITY AND RIGHT-OF-WAY PURPOSES, SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON, AND A DRAINAGE EASEMENT CONTAINING APPROXIMATELY 0.226 ACRE AND A TEMPORARY CONSTRUCTION EASEMENT CONTAINING APPROXIMATELY 0.309 ACRE, ALL SAID TRACTS BEING LOCATED IN THE MARY AUSTIN SURVEY, ABSTRACT NUMBER 4 IN DENTON COUNTY, TEXAS AND BEING OUT OF THAT CERTAIN TRACT OR PARCEL OF LAND IN A DEED TO ALEX N. BICKLEY RECORDED IN VOLUME 987, PAGE 548 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION TO ACQUIRE THE PROPERTY FOR STREET, UTILITY AND RIGHT- OF-WAY PURPOSES, DRAINAGE EASEMENT PURPOSES, AND TEMPORARY CONSTRUCTION EASEMENT PURPOSES; 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 fee simple title for street purposes, with such fee simple title vesting in the City of Denton in the hereinafter described land for the public purpose of constructing street, drainage, utility and related improvements; and WHEREAS, the hereinafter described property is believed to be owned by Alex N. Bickley ("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 of the following: a. fee simple title for street purposes, with such fee simple title vesting in the City of Denton in those certain tracts or parcels of land containing approximately 0.357 acre and 2.152 acre respectively, together with improvements thereon and appurtenances thereto as more particularly described in Exhibit "A" and illustrated in Exhibit `B", attached hereto and made a part hereof by reference (the "Right -of -Way Property"). b. a drainage easement for drainage purposes in the name to the City of Denton, Texas in, over and across that certain tract or parcel of land containing approximately 0.226 acre as more particularly described in Exhibit "C", attached hereto and made a part hereof by reference (the "Drainage Easement") and as depicted on Exhibit "D", attached hereto and made a part hereof by reference; C. a temporary construction, grading and access easement in the name of the City of Denton, Texas in, over and across those certain tracts or parcels of land containing approximately 0.309 acre as more particularly described in Exhibit "E" attached hereto and made a part hereof by reference (the "Temporary Construction, Grading and Access Easement") and as depicted on Exhibit "P", attached hereto and made a part by reference, to use for temporary construction, grading and access in conjunction with construction activities required by the Spencer Road Paving, Drainage and Utility Improvements (the "Construction Activities"), with said Temporary Construction, Grading and Access Easement expiring upon the completion of the Construction Activities or two years from the date the City of Denton takes possession of the Temporary Construction, Grading and Access Easement property, which ever occurs first. The Right -of -Way Property, Drainage Easement and Temporary Construction, Grading and Access Easement are hereinafter collectively called the "Property". SECTION 3. The City Council finds that there is a public necessity and public need to acquire the Property in the size, scope, width, and dimensions of the Property and for the purposes stated in this ordinance. SECTION 4. The City Council finds that $83,65100 (the "Compensation") is just compensation for the Property including damages to the remainder, if any, said sum being based on an independent appraisal obtained by the City. The City Manager or his designee is hereby authorized and directed to make an offer for the Property to the Owner of the Property in the amount of the Compensation. SECTION 5. In the event the offer as described in Section 3 is refused by the Owner of the Property, 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 Property to acquire fee simple title for street purposes in the Right -of -Way Property, with such fee simple title vesting in the City of Denton and to acquire the Drainage Easement and Temporary Construction, Grading and Access Easement. SECTION 6. 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 or his designee is authorized and directed to join said parties as Defendants in said condemnation. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. Page 2 s:mu� vaaua,u�n,em�aw�w�o xo.a-emugLo�Won�nulm am PASSED AND APPROVED this the /% �4 day of , 2003. &.1,� - / U " L EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP OVED L TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: s bur BiWc udcmngim as Page 3 EXHIBIT "A" —TRACT 1 Legal Description for a strip of land for Spencer Road out of the MARY L. AUSTIN SURVEYA-4 Denton, Denton County, Texas BEING all that certain parcel, tract, or strip of land out of the MARY L. AUSTIN SURVEY A-4 in the City of Denton, Denton County, Texas described by deed recorded in Volume 987, Page 548, Deed Records, Denton County, Texas, and more particularly described as follows; BEGINNING at a 112" iron rod found for the southeast corner of LOT 1, BLOCK 2, MUNICIPAL UTILITY ADDITION, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet G, Slide 346, Plat Records, Denton County, Texas, and in the west line of that tract described by deed recorded in Volume 987, Page 548, Deed Records of Denton County, Texas, having Texas Coordinate System, North Central Zone, 1983-1999 coordinates of x = 2395503.01 and y = 7120881.41 feet; THENCE: with the said common line, N 03' 21' 24"E, a distance of 33.31 feet to a 518" iron rod set for a comer,• THENCE: S 870 56' 09" E, a distance of 216.24 feet to a point for a corner in the west line of that tract described by deed recorded at County Clerks File No 97-R-043235,, from which a 518" iron rod set for the beginning of a curve bears S8756'09"E, 15.0 feet; THENCE: with the said line, S 01 ° 11' 39" E, a distance of 64.48 feet to a point for corner in the south line of the tract described by deed recorded in Volume 347, Page 373, deed Records of Denton County, Texas; THENCE: with the said south line, S 88' 37' 02" W, a distance of 222.06 feet to a point for corner, and the southwest corner of said tract; THENCE: N 030 2V 24" E, a distance of 44.43 feet to the POINT OF BEGINNING and CONTAINING 0.357 acres of land, more or less as surveyed by John nail jr rpls #1970 during the months of June and July 2002. Bearings, Distances, and Coordinates shown hereon are grid per the Texas Coordinate System, North Central Zone, 1983 -1999 datum. To obtain surface distances, multiply by 1.00015450 the distances shown. Areas shown are surface. See attached Survey Sketch jnj.S-0009 1r Bickley 45 acre Tr-1. edicated to Quality Service" www.cityofdenton.cmn EXHIBIT "A" —TRACT 2 Legal Description for a strip of land for Spencer Road out of the MARY L. AUSTIN SURVEYA-4 Denton, Denton County, Texas BEING all that certain parcel, tract, or strip of land out of the MARY L. AUSTIN SURVEY A-4 in the City of Denton, Denton County, Texas described by deed recorded in Volume 987, Page 548, Deed Records, Denton County, Texas, and more particularly described as follows; Commencing at a 112" iron rod found for the southeast corner of LOT 1, BLOCK Z MUNICIPAL UTILITY ADDITION, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet G, Slide 346, Plat Records, Denton County, Texas, and in the west line of that tract described by deed recorded in Volume 987, Page 548, Deed Records of Denton County, Texas, having Texas Coordinate System, North Central Zone, 1983-1999 coordinates of x = 2395503.01 and y = 7120881.41feet; THENCE: with the said common line, N 03" 21' 24" E, a distance of 33.31 feet to a 5r8" iron rod set fora corner,' THENCE: S 87° 56' 09" E, a distance of 231.28 feet to a 5/8"iron rod set for the beginning of a tangent curve to the left, having a central angle of 07' 12' 27" and a radius of 2943.50 feet; THENCE: with the said curve, an arc distance of 370.28 feet to a 518" iron rod set for the end of said curve; THENCE., N 84° 51' 24" E, a distance of 107.31 feet to a 518"iron rod set for the beginning of a tangent curve to the right, having a central angle of 05" 57' 23" and a radius of 950. 00 feet, THENCE., with the said curve, an arc distance of 98.76 feet to a 518"iron rod set for the end of said curve; THENCE: S 89° I V 13"E, a distance of 129.12 feet to a point for a comer in the east line of the tract described by deed recorded in County Clerks File No. 97- R-043235 Real Property Records, Denton County, Texas, and the POINT or BEGINNING: THENCE: S 69° IV 13" E, a distance of 124.04 feet to a W"iron rod set for an angle point; THENCE: N 89' 47' 15" E, a distance of 488.97 feet to a 518"iron rod set for an angle point; THENCE: S 89' 28' 20" E, a distance of 250.89 feet to a W iron rod set for an angle point; THENCE: S 89" 59' 15" E, a distance of 358.42 feet to a 518" iron rod set for a corner in the west line of that tract described by deed recorded in Volume 561, Page 464, Deed Records, of Denton County, Texas; THENCE: with the said common line, S 02° 07' 26" E, passing at 35.6 feet a 112" iron rod at a fence line feet lying 0.5 feet left of line; passing at 60.0 feet the center of Spencer Road, in all a distance of 90. 10 feet to a 112" iron rod found for the southeast comer of said tract of land described by deed recorded in Volume 987, Page 548, Deed Records, Denton county, Texas; THENCE: with the south line of said tract, N 88° 38' 14" W, a distance of 1125.09 feet to a 112" imn rod found for an angle point; THENCE: continuing with the said south line, S 88" 37' 02" W, a distance of 99.00 feet to a point for comer, and the southwest comer of said tract; THENCE., N 03" 21' 24" E, a distance of 68.02 feet to the POINT OF BEGINNING and CONTAINING 2.152 acres of land, more or less as surveyed by John nail jr rpls #1970 during the months of June and July 2002. BEARINGS, Distances, and Coordinates shown hereon are grid per the Texas Coordinate System, North Central Zone, 1983 -1999 datum. To obtain surface distances, multiply by 1.00015450 the distances shown. Areas shown are surface. See attached Survey Sketch jnj.S-0009 fr Bickley 45 acre Tr-2.doc 'Dedicated to Quality Service" unvw. ci t yo fden ton. com . . . _!) }\\}t . .\� ! q\ e ƒ § \\ $ 2 � Il$ - \�� | )§2 \ CL , \� \ )� �{ ^)/ \ § `/.� � ■ A) j��\\� . EXHIBIT "C" Legal Description for n Drainage Easement out of the MARYL. AUSTINSURVEYA-4 Denton, Denton County, Texas BEING all that certain parcel, tract, or strip of land out of the MARYL. AUSTIN SURVEYA-4 in the City of Denton, Denton County, Texas described by deed recorded in Volume 987, Page 548, Deed Records, Denton County, Texas, and more particularly described as follows BEGINNING at the southeast corner of herein described tract of rand, said point also being in the north right -of way line of Spencer Road, and having Texas Coordinate System, North Central Zone,1983.1999 coordinates of x - 2397884.50, y - 7120925.90 feet, from which a found 518"iron rod for the southwest cornet of a tract of land described by deed recorded in Volume 581, Page 484, Deed Records, Denton County, Texas, bears South 89059' 15"fast, 397.95 feet; THENCE with said north right of way fine, North 8928'10" West a distance of210.89 feet to a point for corner; THENCEleaving said north right of way line, North 000340"fast a distance of 21.00 feet to a point for corner, THENCE North 45°3'40"East a distance of 42.43 feet to an angle point,' THENCE South 8928'20"East a distance of 150.89 feet to an angle point; THENCE South 442820"fast a distance of 42.43 feet to an angle point; THENCE South 00'3140"East a distance of 21.00 feet to the POINT Of BEGINNING and CONTAINING 0.228 acres of rand, more or less as surveyed by John nall jr. rpls #1970 during the month of June and July 2002. BEARINGS, Distances, and Coordinates shown hereon are grid per the Texas Coordinate System, North Central Zone, 1983 -1999 datum. To obtain surface distances muhiply by 1.00015450 the distances shown. Areas shown are surface. See attached Survey Sketch jnj.L-0089,- "Dedicated to Quality Service" www.cityofdenton.cont 1'0'O'N'O 'ti9ti 'd ' 19S '^ lL�/ 1SOd NOIJ3l NVOt213WV I p O a I � � U 1 3 a `mot O C a W 3 K � c� � L N Vv C w l w I HMM Q � Q ZLO X V ut n of cam O N g 0 I I I F- c W a C4 In N I I Ld m ul uj " J U LO maw ro J I N 3 zC5 Qj m to C =lu I W•w� I t s I I Le Y_ dl V I O n a � I I E i I � MH EXHIBIT "E" Legal Description for a Construction Easement out of the MARYL. AUSTIN SURVEYA-4 Denton, Denton County, Texas BEING all that certain parcel, tract, or strip of land out of the MAR YL. AUSTIN SURVEYA.4 in the City of Denton, Denton County, Texas described by deed recorded in Volume 987, Page 548, Deed Records, Denton County, Texas, and more particularly described as follows; BEGINNING at the southeast corner of herein described tract of land, said iron rod also being in the north right -of way line of Spencer Road, and having Texas Coordinate System, North Central Zone, 1983 1999 coordinates of x - 2397304.50, y - 7120925.53 feet, from which a found 518'iron rod for the southwest corner of a tract of land described by deed recorded in Volume 561, Page 464, Deed Records, Denton County, Texas, bears South 89059' 15"fast, 397.95 feet,• THENCE with said north righfofway line, North 89°3Y20" West a distance of 40.00 feet to a point for corner; THENCE lea ving said north right -of way line, North 00°3740"East a distance of21.00 feet to a point for corner,• THENCE North 44OZ'20"West a distance of 42.43 feet to an angle paint; THENCENarth 89°B'20" West a distance of 150.89 feet to an angle point,• THENCE South 453130" West a distance of 42.43 feet to an angle point; THENCE South DOW 140" West a distance of 2 1. 00 feet to a point for comer in said north right -of way line; THENCE with said north righbofway line, North 89W75" West a distance of 25..00 feet to a point for corner - THENCE leaving said north nght-of way line, North 00°3I'40"East a distance of 91.32 feet to a point for corner; THENCE South 8912820"East a distance of 225.89 feet to an angle paint THENCE South 34910 48"East a distance of 96.90 feet to an angle point THENCE South 00°,V 47"West a distance of 20.00 feet to the POINT OF BEGINNING and CONTAINING 0.309 acres of land, more or less as surveyed by Jahn nail jr. rpls h1970 during the month of June and July 2002. BEARINGS, Distances; and Coordinates shown hereon are grid per the Texas Coordinate System, North Central Zone, 1983.1999 datum. To obtain surface distances, multiply by 1.00015450 the distances shown. Areas shown are surface. See attached Survey Sketch jnjL-0091; i Coast£smtdoc -Dedicated to Quality Service" wunv.cityo/denton. rom 1'0'02i'0 1 ,9b "d %99 '^ LZ# 1SOd N01031 NVOIN3WV O 0 IJ &Ito Q � 3 �o � � I , W :pphpp�p p I .• h 0 I X Y gmI 7 W GN I I No 4 ^03 cu VI ^ 00 9 2 � u E m -:j U UTAO o O 1 ! F- I F- Qa Z JJA O O o I I I g r W. J� 3- . $ and O Xmo H �nI= }o q pp Q a K O VI ♦I G o .yBypp 2 I VI N I 2{ Ld �g 140 0 i 1 1 130 W H ^ vl 1 � M N so :m 16 o I � UJ I U Zvi LU E � l ! o g 3 II I I I I Z �NK1 1