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Home My WebLink About2002-185SAOur Documents\Ordinances\02\Condemnation Ordinance Parcel 3.doc ORDINANCE NO. OA- &I AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.807 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND A DRAINAGE AND ACCESS EASEMENT CONTAINING APPROXIMATELY 0.036 ACRE AND THREE TEMPORARY CONSTRUCTION, GRADING, AND ACCESS EASEMENTS CONTAINING APPROXIMATELY 0.089 ACRE, 0.124 ACRE AND 0.028 ACRE, RESPECTIVELY, ALL OF WHICH ARE LOCATED IN STEPHEN A. VENTER SURVEY, ABSTRACT NO. 1315 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND BEING PART OF A TRACT OF LAND CONVEYED TO GARY JAY MADRIGAL BY QUITCLAIM DEED RECORDED IN VOLUME 4155, PAGE 1004, DEED RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET, DRAINAGE, UTILITY AND RELATED IMPROVEMENTS; 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 Gary Jay Madrigal ("Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. 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 that certain tract or parcel of land containing approximately 0.807 acre, 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 and access easement in the name to the City of Denton, Texas in, over and across that certain tract or parcel of land containing approximately 0.036 acre as more particularly described in Exhibit "A", attached hereto and made a part hereof by reference (the "Drainage Easement") and as depicted on Exhibit `B", attached hereto and made a part hereof by reference; reserving unto the owner of said property the right to us the surface for parking and for driveway access to and from the adjacent public street. C. three temporary construction, grading and access easements in the name of the City of Denton, Texas in, over and across those certain tracts or parcels of land containing approximately 0.089 acre, 0.124 acre and 0.028 acre, respectively, as more particularly described in Exhibit "C" attached hereto and made a part hereof by reference (the "Temporary Construction, Grading and Access Easements") and as depicted on Exhibit "D", attached hereto and made a part by reference, to use for access, staging, and placement of materials, equipment and supplies in conjunction with construction activities for the construction and installation of Drainage Utility Easement and the Hickory Creek 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 Easements are hereinafter collectively called the "Property". SECTION 2. 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 3. The City Manager or his designee is hereby authorized and directed to make an offer for the Property in the amount of the fair market value, including damages to the remainder, if any, as determined by an independent appraisal obtained by the City. 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 for street purposes in the Property, with such fee simple title vesting in the City of Denton and to acquire the Drainage Easement and Temporary Construction, Grading and Access Easements. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. Page 2 s \OurW umwusw inMce %3 naminel nOMU mV=cl3 du[ PASSED AND APPROVED this the —xl- day of 2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY A 111M I// � )/7 UUA BY: AP OVED S TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY m ate: e A4-r'L EULINE BROCK, MAYOR Page 3 EXIIIBIT A RIGHT-OF-WAY ACQUISITION PARCEL 3 BEING a strip of land located in the Stephen A. Venture Survey, Abstract No. 1315, Denton County, Texas and being a portion of a tract of land conveyed to Gary Jay Madrigal by quitclaim deed recorded in Volume 4155, Page 1004, Deed Records of Denton County, Texas, said strip of land being more particularly described by metes and bounds as follows: BEGINNING at a found P.K. nail at the northeast corner of said Madrigal Tract, also being the northwest comer of a tract of land conveyed to the City of Denton, Texas by affidavit and deed recorded in Volume 4647, Page 3456 of said Deed Records, said point being in Hickory Creek Road; THENCE S 3010'29" W, with the common line between said Madrigal Tract and said City of Denton Tract,.a distance of 48.08 feet to a 5/8 inch capped iron rod (TNP) set on the proposed new south right-of-way line of said Hickory Creek Road; THENCE with said new right-of-way line, with the following courses and distances: S 89°51'30" W, a distance of 279.57 feet to a set 5/8 inch capped iron rod (TNP); S 81019'39" W, a distance of 101.12 feet to a set 5/8 inch capped iron rod (TNP); S 89051130" W, a distance of 150.00 feet to a set 5/8 inch capped iron rod (TNP); N 73°26'33" W, a distance of 52.20 feet to a set 5/8 inch capped iron rod (TNP); S 89051'30" W, a distance of 67.32 feet to a 5/8 inch capped iron rod (TNP) set on the west line of said Madrigal Tract, also being the original east line of Hickory Creek Ranch, shown by plat recorded in Cabinet S, Page 241, Plat Records of Denton County, Texas; THENCE N 0051'21" W, with said line, departing from said new right-of-way line, passing a found 1/2 inch iron rod at 11.69 feet, in all a distance of 50.00 feet to the northwest corner of said Madrigal Tract, in Hickory Creek Road; THENCE S 89°57'57" E, a distance of 650.30 feet to the Point of Beginning and containing 0.807 acre of land of which 0.557 acre is included in the existing prescriptive right-of-way, leaving a remainder of 0.250 acre of land more or less. DRAINAGE AND ACCESS EASEMENT BEING a strip of land located in the Stephen A. Venture Survey, Abstract No. 1315, Denton County, Texas and being a portion of a tract of land conveyed to Gary Jay Madrigal by quitclaim deed recorded in Volume 4155, Page 1004, Deed Records of Denton County, Texas, said strip of land being more particularly described by metes and bounds as follows: BEGINNING at a point at the intersection of the west line of said Madrigal Tract with the proposed new south right-of-way line of Hickory Creek Road, previously described above, said point being S 0*51'21" E, a distance of 50.00 feet from the northwest comer of said Madrigal Tract and also being S 0051'21 E, 1.1.69 feet from a found 1/2 iron rod in the west line of said Madrigal Tract; THENCE N 89051'30" E, with said proposed new south right-of-way line, a distance of 29.95 feet; THENCE S 15008'33" W, departing said right-of-way line, a distance of 108.65 feet to a point on the west line of said Madrigal Tract; THENCE N 00°51'21" W, with said line, a distance of 104.82 feet to the Point of Beginning and containing 0.036 acre of land. Bearings are based the Texas State Coordinate System, North Central Zone (NAD 83). See Exhibit B for map. ew"Ibit E3 MAP SHOWNG PROPOSED RIGHT—OF—WAY ACQUISITION AND DRAINAGE AND ACCESS EASEMENT City of Denton, Denton County, Texas a 110 I 1 RSI CHAUCER ESTATE ICI PHASE I CHAUCER ESTATES CAB. 0, SLD. 267 PHASE 11 I I I SCAB. S, PG 274 I MARK1 TWAIN CAN 6 j� S L 44 I I I 4 1(1�4'P ♦♦~I~ 44� 45 P N0'`$ 5 e\C410 GEORGE T. CONNELL, JR. VM JUS PG. 4J6, D.R.D.GT. HICKORY CREEK ROAD !VARIABLE Ill ROW), N wit W Sa00TTar..) —-----�—('--$— rrr �y3Z7Ffiai97. S0971 It; f'14f3tl�W '..949 MI r T T W r!ffi!l W 9Z fGf 19 I 31i 2 Ii 36'� 35 �; 334 �: 33 32 i N 6951'50 E 29.95' PA j:t mf, ♦ i-� ; 633: D�(iPf$T� v/ 31 ry I DRAINAGE AND a2x �I ACCESS EASEMENT HIC 0 Y CREEK RAN H SD : I 0.0J6 AC9F I t PHASE 11 CAB. SI PG 741, P.R.T.L{T I 29 GARY JAY MADRIGAL 28 WX 4155, PG 1004, (QUIMAIM) I Z 429. PG 467, (REF. DEED) 27 t 26 25 24 1 I 23 t 22 NOTES: 1. 8aarings are based on the Tens Slate Coordinate System. North Central Zone (Nod 83). 2. Integral parts of this survey. a. Mop b. Field notes 3. The now right —of —ray line will be monumanted with 5/8" iron rods capped 'T.N.p.' EXHIBIT B PARCEL J U\PnO R14\OENOOZ7I\RO"AROa.DWO 11 Date: O 75ON ILM FAMILY TRUST. CC / 96—oG596Jo I R.P.R.D.C.T. s$ 010'79' W 44LOS' J ROW TOTAL N EMSIMG ROW 11 :\l �A P.1 Je IALNN E. MEREDITH £T UX. �1 VOL. 82.0, PG 474 D.R.D.G T. P♦tM1 1 CITY OF DENTON ♦. WL. 4647. PG 3456 \ l 0 200 400 600 TEAGUE NALL AND PERKINS e o e s a s r r a s e e a l s s a s s I I00 Ma a on S I r a a I Fart War I h, Te s as 76102 (617)J1 6 — 5 7 7 J 235 Waal Hickory Street Sulla 1 0 a D anf on, Ta it as 76201 (040) 3 8 3 — 4 1 7 7 r EXHIBIT C TEMPORARY CONSTRUCTION EASEMENTS PARCEL 3 BEING three strips of land located in the Stephen A. Venture Survey, Abstract No. 1315, Denton County, Texas and being a portion of a tract of land conveyed to Gary Jay Madrigal by quitclaim deed recorded in Volume 4155, Page 1004, Deed Records of Denton County, Texas, said strips of land being more particularly described by wetes and bounds as follows: TEMPORARY CONSTRUCTION EASEMENT NO. 1 BEGINNING at a point on the west line of said Madrigal Tract, said point being S 00051'21" E, 154.82 feet from the northwest comer of said Madrigal Tract; THENCE N 15008'33" E, with the easterly line of a proposed Drainage and Access Easement, a distance of 108.65 feet to a point on the proposed new south right-of-way line Hickory Creek Road; • THENCE N 89051'30" E, with said line, a distance of 25.92 feet; THENCE S 15*08'33" W, a distance of 202.68 feet to a point on the west line of said Madrigal Tract; THENCE N 00051'21" W, a distance of 90.71 feet to the Point of Beginning and containing 0.099 acre of land more or less; TEMPORARY CONSTRUCTION EASEMENT NO.2 BEGINNING at a point on the prorx)sed new south right-of-way line Hickory Creek Road, said point being S 03°10'29" W, 48.08 feet, S 89051'30" W, 279.57 feet and S 81019'39" W, 10.00 feet from a found P.K: nail at the northeast comer of said .Madrigal Tract; THENCE S 00°08'30" E, a distance of 33.52 feet; THENCE S 89051'30" W, a distance of 240.11 feet; THENCE N 00108'30" W, a distance of 20.00 feet to a set 5/8 inch capped iron rod (TNP) on said proposed new south right-of-way line of Hickory Creek Road; THENCE with said right-of-way, with the following courses and distances: N 89*51'30" E. a distance of 150.00 feet to a set 5/8 inch capped iron rod (TNP); N 81 ° 19'39" E, a distance of 91.12 feet to the Point of Beginning and containing 0.124 acre of land more or less; TEMPORARY CONSTRUCTION EASEMENT NO.3 BEGINNING at a point on the proposed new south right-of-way line Hickory Creek Road, said point being S 03°10'29" W, 48.08 feet and S 89051130" W, 150.00 feet from a found P.K. nail at the northeast comer of said Madrigal Tract; THENCE S 00°08'30" E, a distance of 30.00 feet; THENCE S 89*51'30" W, a distance of 40.00 feet; THENCE N 00°08' 30" W, a distance of 30.00 feet to a point on said proposed new south right-of-way line of Hickory Creek Road; THENCE N 89*51'30" E, a distance of 40.00 feet to the Point of Beginning and containing 0.028 acre of land more or less; Bearings are based the Texas State Coordinate System, North Central Zone (NAD 83), See Exhibit B for map. EXHIBIT E> 11 32 u K rc a H K at zS 24 MAP SHOW/NG PROPOSED TEMPORARY CONSTRUCTION EASEMENTS City of Denton, Denton County, Texas HICKORY CREEK ROAD (VARIABLE W1D7H ROW) Dpartrr W 3aodYmt) — — — 51�', �N 7JWIXI* W 9?.70' FMPORARY CONS7RUC770N ASEMENT NO. 2 (0.124 ACRE) PARCEL 3 N eD3 N 0at1D•JO• W'law- I TEMPORARY CONSTRUCTION i� EASEMENT NO. 3 (0.028 ACRE) DRAINAGE & ACCESS EASEMENT TEMPORARY CONS7RUCT)ON EASEMENT NO. I (0.069 ACRE) I GARY JAY MADRIGAL VOL. 4133, PG. 1004, (QUITCLAIM) VOL. 429, PG. 467, (REF, DEED) I h I �y gJ� 1 � P• Q�E NOTES: 1, eeodnge are based on the Texas Slate Coordinate System, North Central Zane (Nod e3). 7. Integral parts of this survey. a. Mop b. Field notes 3. The new right-of-way line will be monumenled with 3/6' ban rods copped 'T.N.P.' PARCEL 3 l:\M0J-R14\0EN002?I\R0W\IM-3.0M t, -Prepared By. 4 -iz -0" Dote: E 4ao0' Ste' W IS W. u si Yo 122 � S 001M'JO' C ]0.00' 1 S 6D3170' W 40.00' I _I CITY OF DENTON VOL. 4647. PG 3436 I I 0 100 200 300 TEAGUE NALL AND PERKINS . I R .. e . 1100 Meeen Slreel Fart wer Ih, Tes as 76I a (a 17)JJ 6-3773 2J3 'West Hickory Street Salle 100 0 sn l on, Ts sax 76201 D4a)JBJ-4177 64