HomeMy WebLinkAbout2003-187S:\Our Documents\0rdinances\03\Spencer Road - Hardy & Stanford - Purchase.doc
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
PURCHASE A 0.494 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET,
UTILITY AND RIGHT-OF-WAY PURPOSES, SUCH TITLE TO BE IN THE NAME OF THE
CITY OF DENTON AND SAID PROPERTY 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 TERRY S. STANFORD
RECORDED UNDER CLERK'S FILE NUMBER 96-R0082307 IN THE REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS AND ALSO BEING OUT OF THAT CERTAIN
TRACT OR PARCEL OF LAND IN A DEED TO ELIZABETH MARIE HARDY RECORDED
IN VOLUME 4643, PAGE 2430 OF THE REAL PROPERTY RECORDS OF DENTON
COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, City of Denton staff and agents have reached settlement terms with Owners
of the affected tracts for the necessary street right-of-way required by the project known as
Spencer Road Paving, Drainage and Water Improvements; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to contract and
purchase the 0.464 acre tract in Denton County, Texas, together with improvements thereon and
appurtenances thereto as more particularly described in Exhibit "B" and illustrated in Exhibit
"A", attached hereto and made a part hereof by reference (the "Property"). The Property is being
acquired for street, utility and right-of-way purposes.
SECTION 2. The City Council hereby authorizes the expenditure of $159,828 00 (the
"Purchase Price") plus closing costs for the Property.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval. /
PASSED AND APPROVED this the / 7rc day of 2003.
&Avt-'e" &c
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APOVED AS TO LEGAL FORM:
HERBERT L. UTY, ITY ATTORNEY
BY:
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EXHIBIT'B'
legal Description fore
strip ofland outofthe
MARYL. AUSTLN SURVEYA-4
Denton, Denton County, Texas
Being a0 that certain tract, parcel, or lot of land out of the MAR YL. AUSTIN SURVEY A4, in the City of 0enton, Denton County, Texas, as described by County Clerks P8e g9646081307, Real
Property Records Denton County, Texas, and being more particularly described as follows:
BEGINNING of a % lion rod found for the southwest comer of DENTON COUNTYELECTRLC COOP. ADDITION, an addition to the City ofOentom Denton County, Texas, according to the plat
thereof recorded in Cabinet 0, Slide 80, Plat Records Denton County, Texas said iron rod also being in the east line of that tract of land described by deed recorded in Volume 661, Page 484, Deed
Records, Denton County, Texas having Texas Coordinate System, North Central Zone, 1983-1999 coordina tes of - 2398347.77 y - 7120885.47,
THENCE with said east line, North 01 02423"West a distance o/ 15.26feet to a 5/8'iron rod set for comer,,
THENCE leaving said east line, South 89°7T73"East a distance of291.80 feet to a 5/8'non rod set for the beginning of a tangent carve to the right, having a delta of27°5614, and a radius of
450.00 feet, and whose center bears South 00°48'Y"West,
THENCE along said curve to the tight for an arc distance of219.42 feet to a 518"iron rod set for the end of said carve, -
THENCE South 61 07459"fast a distance of 20.48feet to a 5/8"iron rod set for an angle point,
THENCE North 75°3i'56"East a distance of 36.49 feet to a 518" bon red set for comet said iron rod also the beginning of a non tangent curve to the left, having a delta of 4042'37, having a
radius of2795.79 feet, and whose center bears North 57°4631" West;
THENCE along said curve to the left for an arc distance of229.84 feet to a 5/8"iron and set for the intersection of said curve with the west right-of-way has of South Loop 288, from which a found
TX007-abuninum disk bears North 23°0354"East, 100.54 feet,
THENCE with said west 4hfof way line, South 23°0354" West a distance of 95.24 feet to a found TXOOT aluminum disk for the beginning of a non -tangent curve to the right, having a delta of
3005' 41'having a radius of2804.79 feet'and whose center bears North 60°32'R"Oust,
THENCE along said curve to the right for an are distance of 151.50 feet to a found TXDOT aluminum disk for end of said curve, said aluminum disk also being the northern terminus of the right -of
way clip between said South Loop 288 and Spencer Road;
THENCE with said right of -way c8p, South 74°47&"West a distance of 77.15 feet to a H "iron rod found for angle point, said iron rod being the southern terminus of said right-of-way c6p and
begin the north right -of way gne of Spencer Road,•
THENCE with said north r/ghtofway5ne of Spencer Road North 75°71'31"West a distance of247.30 feet to a 1/2"iron rod found for an angle point
THENCE North 8702826"West a distance of 80.39 feet to a ➢4'iron too found for the southeast comer of, CUSHMAN ADDITION, an addition to the City o/ Denton, Denton County, Texas
according to the plat thereof recorded in Cabinet D, Slide 347, Plat Records of 0enton County, Texas•
THENCE North 01 05377" West a distance of 9.18 feet to a X'iron rod found for the southeast corner of L 0 T 1, St OCR 1, CUSHMAN ADDITION, an addition to the City of 0enton, Denton
County, Texas according to the plat thereof mcorded in Cabinet 0, Side 347, Plat Records of Denton County, Texas
THENCE with the south fine of said addition, North 880332r west a distance of 99.76 feet to a B"iron red found for the southwest corner of LOT 1, BLOCK 1, CUSHMAN ADDITION, from
which a '/.'iron rod found for the eastern southeast comer of DENTON COUNTY ELECTRIC COOP. ADDITION, an addition to the City of Denton, Denton County, Texas according to the plat
thereof mcorded in Cabinet 0, Slide 80, Plat Records of Denton County, Texas bears, South 02°7329"fast, Z62 feet;
THENCE leaving said south gne and with the west gne of said addition, North 04°59116"West a distance of 2.53 feet to a '/.'non rod found for the southeast comer of DENTON COUNTY
ELECTRIC COOP. ADDITION,,
THENCE with the south line of the said addition, North 87°2905"West a distance of 59.81 feet to the POINTOEBEGINNING and CONTAINING 0.494 acres of land, more ordess as surveyed by
John na/ly. rills #1970 during the months of June and July 2002.
BEARINGS, Distances, and Coordinates show q hereon are grittier the Tex/s Coordinate System, North Central Zane, 1983.1999 datum. To obtain surface distances multiply by 1,00015450 the
distances shown. Areas shown are sui/ace. 711 /
See attached Survey Sketch inj.S0010-
"Dedicated to Quality Service"
mzvm.cityofden ton. corn
�298
�5359�
(Stanford/Fiardy)
LICENSE, RIGHT OF ENTRY AND POSSESSION 09883$
STATE OF TEXAS §
S KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
WHEREAS, (i) G.F. HARDY, III, (iii) ELIZABETH HARDY, and (iii) TERRY S.
STANFORD, individual residents of the State of Texas, are the sole owners (individually and
collectively referred to hereinafter as "GRANTORS") of all of those certain lots, tracts or parcels
of land comprising the following: j
That certain tract or parcel of land (the "Property") containing approximately 0.494 acres
of land, situated in the City of Denton, Denton County, Texas! as part of the Mary L.
Austin Survey A-4 and being more particularly described on Exhibit "A" and illustrated
on Exhibit `B", both of which are attached hereto and made a part hereof by reference.
WHEREAS, the City of Denton, Denton County, Texas (the "City") intends to acquire fee
simple title in and to the Property for some or all of street and highway purposes, for utility
relocation purposes, for construction, grading, and access purposes, for drainage purposes and for
other public purposes;
WHEREAS, the City intends to acquire the Property by purchase, or upon failure to acquire
by purchase, by condemnation proceedings; and
WHEREAS, prior to its acquisition of the Property, the City requires possession of the
Property in order to construct important public improvements for paving, utility and drainage
improvements associated with the project commonly known as, among other things, the
"Spencer Rd. Improvements Project" and Grantors consent to said prior poi session of the Property.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that Grantors for
and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable
consideration to it in hand paid by the City, the receipt and sufficiency of which are hereby
acknowledged and confessed, has GRANTED, BARGAINED, SOLD and CONVEYED and by
these presents does GRANT, BARGAIN, SELL and CONVEY unto the City the license, the right
and privilege of the use of and a private license and right of entry over, across and upon the
Property, the right to remove improvements, if any, with which the Property is encumbered, and
possession of the Property for street and highway purposes, for utility relocation purposes, for
construction, grading, and access purposes, for drainage purposes and for other public purposes.
This grant of license, right of entry and possession is conditioned upon the following:
1. Grantors and the City agree to and hereby designate the date of taking for which to value
the Property for negotiation or condemnation purposes as the date of actual entry and
possession of the Property by the City.
$359 05299i
2. The grant herein made shall not prejudice, in any way, Grantors' respective rights to
receive full and just compensation from the City for some or all of the Property to be
acquired by the City.
3. The City agrees to acquire the Property either by purchase, or in the alternative, by
initiation of condemnation proceedings for the acquisition of the Property in a good
faith and timely manner.
4. It is expressly provided that in the event the City institutes condemnation proceedings,
the City is not liable to Grantors for interest upon any award or judgment as the result of
such proceedings for any period of time prior to the date of the award; however,
payment of any interest may be deferred by the City until entry of judgment.
5. This license, right of entry and possession shall extend to the City, its contractors and
assigns.
6. Grantors herein warrant that no person or other entity owns an interest in the fee title of
the Property other than Grantors herein and there are no other parties in possession.
TO HAVE AND TO HOLD the possession of the Property for street and highway
purposes, for utility relocation purposes, for construction, grading, and access purposes, for
drainage purposes and for other public purposes, subject to the limitations above described.
This LICENSE, RIGHT OF ENTRY AND POSSESSION may be executed in one or more
counterparts, and all so executed shall constitute one (1) and the same agreement, binding upon the
parties hereto, and notwithstanding that all of the parties are not signatories to the same
counterparts
This LICENSE, RIGHT OF ENTRY AND POSSESSION is EXECUTED to be effective
as of June 6, 2003.
GRANTORS:
TERRY S. STANFORD,
of the State of Texas An individual resident of the State of Texas
ELIZ�J
I3 Y, O
An individua resident of the State of Texas
PAGE
5359 B5300
2. The grant herein made shall not prejudice, in any way, Grantors' respective rights to
receive full and just compensation from the City for some or all of the Property to be
acquired by the City.
3. The City agrees to acquire the Property either by purchase, or in the alternative, by
initiation of condemnation proceedings for the acquisition of the Property in a good
faith and timely manner.
4. It is expressly provided that in the event the City institutes condemnation proceedings,
the City is not liable to Grantors for interest upon any award or judgment as the result of
such proceedings for any period of time prior to the date of the award; however,
payment of any interest may be deferred by the City until entry of judgment.
5. This license, right of entry and possession shall extend to the City, its contractors and
assigns.
6. Grantors herein warrant that no person or other entity owns an interest in the fee title of
the Property other than Grantors herein and there are no other parties in possession.
TO HAVE AND TO HOLD the possession of the Property for street and highway
purposes, for utility relocation purposes, for construction, grading, and access purposes, for
drainage purposes and for other public purposes, subject to the limitations above described.
This LICENSE, RIGHT OF ENTRY AND POSSESSION may be executed in one or more
counterparts, and all so executed shall constitute one (1) and the same agreement, binding upon the
parties hereto, and notwithstanding that all of the parties are not signatories to the same
counterparts
This LICENSE, RIGHT OF ENTRY AND POSSESSION is EXECUTED to be effective
as of June 6, 2003.
GRANTORS:
G.F. HARDY,.III,
An individual resident of the State of Texas
ELIZABETH HARDY,
An individual resident of the State of Texas
An individual resident of
PAGE
9359 U5301
ACCEPTED AND AGREED TO by the City of Denton, Texas this ZO day of
OTLA F_ 12003.
FORM:
CITY OF DENTON, TEXAS,
A Home -Rule Municipal Corporation
By:
haeI . Conduff 10
ity Manager
CITY ATTORNEY
PAGE 3
5359 0,5302
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me this L day of 12003
by G.F. HARDY, III, an individual resident of the State of Texas, known Wme to be the person
who executed the attached instrument, for the purposes herein stated.
SUSANMCMAHAN 1 Notary rPublic State of Texas
NOTARY PUBLIC, STATE OF TEXAS
� ">
11 m� w MY COMMISSION EXPIRES
s.eavr APRIL 4, 2004 1
M� �93nJ'.s�3oJ' ex I Printed Name:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me this day of G 2003
by ELIZABETH HARDY, an individual resident of the State of Texas, n by me to be the
person who executed the attached instrument, for the purposes herein stated.
SUSAN MCMAHAN ti
ll
l NOTARY PUBLIC, STATE OF TEXAS 11
11 Oy 111
11 m MY COMMISSION EXPIRES
1Vfy "' nvtiission eiFhsa Inn
Notary Public, State of Texas
Printed Name:
PAGE 4
5.359
05303
ACKNOWLEDGMENT
. '':s
STATE OF TEXAS
COUNTY OF� a5
This instrument was acknowledged before me this (.o day of 2003
by TERRY S. STANFORD, an individual resident of the State of Texas, known by Tito be the
person who:executed the attached in ent, for th purposes herein stated
MARIA D. MENA
No Public State of Texas
raaary Public, Stets d Texam tart ,
_ ;;FOFh4 My Commission Expires 9-27-03
MY"c 3 Printed Name:Q
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
by -sins ent was acknowledged before me thi4�day of I AS 2003
�- �L1 l Q of the CITY OF DE N, TEXAS, in his
or her ted capacity and on behalf the above -named entity, for the purposes herein stated
,a•::^.r?;%:,'•,,
_
JENNIFER K. WALTERS
Notary Public, State of Texas
My Commission Expires
December 19,_2006
My commission expires: iL±j 1
-4911
ary tic, State of Texas (/ %
Printed Name: )ajvo-s
Engineering Department
City Hall East
601 E. Hickory, Suite B
Denton, Texas 76205
-O#iontion- pa-1 W;jliamson
PAGE
5359 05304
Exhibit "A" (Stanford/Hardy)
(Legal Description)
EXHIBITS'
LMd 0arpUm Era
seep otlaad on) afn)e
YAAYL AUSTIN SURVEYA4
Vat" Oat" County, Tent
8ary a4 teet Cane trxt punt or/al of land out a/ the MANY L AUSTLB SORVEYA4, a the City at Denton Deltm County, Tens, a dnuild by County CIrks Poe 196 R0081307, Real
Pmprty Rxa,*, Denton County, Tun, and Reap am amrcarey ducnbala fakws.
BEGINNING at a %'lam rod found for as soutAwat caner of OENTOM COUNTY ELECTRIC COOP. AOOMON, a AdWtva to the City of 0elto2 Denton County, Telex xcadep to teeµ!
aemf rradd a Caeew( 0, Sfde 88 Plat Read% Oatm Crmry, Time, sad an Lod its hshpn tee east fm of!het Wt oflerd d0w6ef by dW rxrded a Vakmw 561, Pad, 49 Old
Rrrdx Dellm Comoy Tnax heeap run Comdkam SyrfaK Nara CmWZW4 19a1899nadnata of a - 2398347.77, y - 712088547,-
THENCEwt Saki seesJK Hack 01'7423'Wm a dahme of 1826 fat to a SB'ivn rod set lrconK^
THENCE/"mV ssd met foe, Sued 89.I173'Easf a dstari of 297.80 tat to s Srkno and set fr fee eedd'ei9 ofa Model( Cum 10 tee 004, Asap a deBi of 27-56'14,sad a adw of
46800 fat ad wham center been, Soon Weelr0r Walt
11E10Eabysed curve to tee A01 for as am datime of219.42 fat to a Vraanme, jet fa aeW a/seal cart
771EXCESouth 61'14'59'£at 4 daame of 1848fat to SB'am and sot Era maµ poet
771ENCE Naa 75'3616'fat a dalaxo of 36.49 Mt to a Vr ins and tat far con mc, sad "a and also the bapidp of a mnMrpelt Cwre to the left Airry a deAi of 442'37' Aaap a
moGa Of179579 feeC mod unless relfs,bmus Noah 57'48'3V Wart
THENCEabV sail tare to the if Iron am dirfame of229.94fat to a Sr8'im fat set /a teeetrsxtim of aid cum with tee warithlotway foe of Sma Loop 289 from wAiAa /need
TXDOrska&a,w bssrx Nra 13'Lt3'S4'EuC l00.54 fah'
THENCE win) ad Walt nphtdfwiy iK Sma 23'03'54'Wat a datamo of $5.24 feet to a foul WOT akamwo dak for the AWAviv of a mateldelt cum to the rpht Awry m dlka of
3'05'41, Aarap a mdaa of280479 fat ad whale Cofer how Nark 60`3242* Nato -
THENCE akry sail Cawm to tee nOht fa ea run dwfamr of 151.50 fat 10 a found TKOOTa/umern dak /a ad of aid rum ladeimem dak also barap the mmdrn trmina of the rp6rof
wsy* Arena sad South logs 288W Spacer Rao,
771ENCE ma said tjthrofway Cfp. South 74.4T25'Wat a drnwo of 77.15 fat to a %'km rod found for arpla polar, tee an rod beep the smthrn lrmiar of sad'Whr ofway CotW
A+diW nan)nphrof wry fee olSpmcrRm4
THENCE wkh sadrrth*At mfway law OfSpaxrRoa4 Nam 75'1171'Wat a dataps of247.30 fast to e 117'am rod food twan pkpoet
THENCE Hra 8778'16'Wat a drgxe of 8839 fat to 4 %'lam rod fund In, the savatat Canty of, CUSHMAN AOOMON, an Whim to tee City of 0mina Oelrm Comy, Term
xsadgp a n)eµt Memofmcadde Cabiet 0, STdm 347, Peet Racw* at Denton County, Test;
THENCE Nam 0f *51'17'Wat a obtms, of 918 fat (a a %'sm fad food /w the $oaaant cmfr of 1071, BLOCK 1, CUSHMAN AOOTAON, ea dddiM to tee City of Oel(aa Oatm Camry, ram rcadry to aeP$t areefmcaNedd Comet a side 347, pit RKads of Unman County, Tau;
an..N
1HEACF with tee sed0 foe of sad ada5hoa Nara 88'33'21'Wat a 6ueem of 9978 fat Is, %'ia and ford fw the smthm st cant of LOT 1, ROCA' 1, CUSHMAN AOO/ITON hum whrA s % lam rod found far am am" soutAesst carer of DENTOM COUNTY ILEC71X COOP. ADOITION, m ad*im to tee City of OeltM Down Canty, Texas xcadap to ar µt
threefrradd a Cabwt 0, Mile 88 Flat Rxrdr of Amin County, Tern bearx Soon) 02'1379'£aC 762 fat
THENCE Aweip saA sal IN ad win) tee West Toe of sail ddbisx North 04'9'45'Wat a daame of 251 tat to a %'ire Id fad far Ole "the" Comr o/OfNTON COUNTY
ELECTRIC COOP. A00f71ak-
THENCE wok tee sari is dW SAW 004 0 4 #WO 87.19'05-Wat a charm of 5981 fat If 68 P0/NTOFRE6/N1KING Rd CONTAW1168494scrlr ofAm4 axon oren m swreydby
foht Am4% rills 11970dwip tee mama ofJaw mdJwy 1002
#" SS arteamt W Cmrdum shown Acme urdrdpr tee Tan Cm amM SysFW MWA CnW1ma 19831999 dern To vbtm swfxa daaxa, mw0py by 1.00015450 tee
datna'n !haler! Aras s0alea Nlll/K!
Exhibit "A" (Legal Description) — Solo Page
-5359 (y5305
(Stanford/Hardy)
Exhibit `B"
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5359 05306
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JUN 2 3 2003
COON1, CLERK O*�"'�'
DEMON CCLA .TE%,�C.
Filed For Record in:
DENTON COMITY TX
CYNTHIA Ml%C I.L, COMITY CLERK
On Jun 23 2903
At 4:64ps
Receipt R: 37727
Recording: 19.00
Doc/Nget : 6.00
Doc/Num 2M-RM99635
Doc/Type : NOD
Deputy -Felicia