HomeMy WebLinkAbout2003-188S10ur DocumentAOrdinances\03\Spencer Road - Bailey - Condemnation.doc
ORDINANCE NO. pD%' 10
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0.095 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
CHARLES E. BAILEY RECORDED UNDER CLERK'S FILE NUMBER 98-R0035413 IN OF
THE REAL PROPERTY 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; 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, utility and right-of-
way purposes, the real property described herein below, with such fee simple title vesting in the
City of Denton; and
WHEREAS, the hereinafter described property is believed to be owned by Charles E.
Bailey ("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 fee simple title, with such fee simple title vesting in the City of Denton in that
certain tract or parcel of land containing approximately 0.095 acre located 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 3. The City Council finds that $15,077.00 (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 4. 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 in the Property for the purposes described in Section 2 above, with such fee simple title
vesting in the City of Denton.
SECTION 5. If it should be subsequently determined that additional parties other than
those named herein have an interest in the 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 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2003.
ATTEST:
JENNTFER WALTERS, CITY SECRETARY
iY
BY:
EULINE BROCK, MAYOR
Page 2
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EXHIBIT'B'
Legal Description for a
strip offend out of the
MARYL. AUSTIN SURVEYA•4
Denton, Denton County, Texas
Being all that certain tract, parcel, or strip of land out of the MARY L. AUSTIN SURVEY A•4, in the City at Denton, Denton County,
Texas, described by deed recorded in County Clerks File N98-R0035413, Benton County, Texas, and being more particularly described as
follows:
BEGINNING at a found 1/2"iron rod for the northeast corner of LOT f, BLOCK A, THE WATERFORD AT SPENCER OAKS, an addition
to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet N. Slide 221, Plat Records, Denton
County, Texas, said iron also being in the south right -of --way line of Spencer Road and having Texas Coordinate System, North Central
Zone, 1983-1999 coordinates of - 2396151.43, y - 7120833.50 feet;
THENCE.• with said existing north right-of-way line, North 85947 ' 28" East a distance of 380.65 feet to a 1/2"iron rod found for the
northwest corner of DENTON CROSSING, an addition to the City of Denton, Denton County, Texas according to the plat thereof
recorded in Cabinet U. Slide 598, Plat Records, Denton County, Texas;
THENCE: with said west line, South 01027' 50" East, 25.83 feet to a 5/8"icon rod set for corner;
THENCE., leaving said west line, North 89'11 '13" West a distance of 231.46 feet to a 5/8" iron rod set for the beginning of tangent
curve to the left, having a delta of 5° 5723 ", and a radius of 860.00 feet;
THENCE.• along said curve to the left for an arc distance of 89.40 feet to a 5/8"lion rod set for the and of said curve,•
THENCE., South 84051' 14" West a distance of 69.74 feet to a 5/8" iron rod set for corner in the east line of LOT 1, BLOCK A, THE
WA TERFORD AT SPENCER OAKS, an addition to the City of Denton, Benton County, Texas, according to the plat thereof recorded in
Cabinet N. Slide 221, Plat Records, Denton County, Texas;
THENCE.• with said east line, North 00 °55' 38" West, a distance of 3.50 feet to the POINT Of BEGINNING and CONTAINING 0.095
acres of land, more or less as surveyed by john nall 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 •1988
datum. To obtain surface distances, multiply by 1.00015450 the distances shown. Areas shown are surface.
See attached Survey Sketch jni.L-0073r;
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