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Home My WebLink About2002-186SAOur Documents\Ordinances\02\Condemnation Ordinance Parcel 4.doc ORDINANCE NO. OO AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 1.043 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 SAID PROPERTY 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 ALVIN E. MEREDITH ET UX. BY DEED RECORDED IN VOLUME 829, PAGE 474 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 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 Alvin E. Meredith et ux ("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: 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 1.043 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 "Property"). SECTION 2. The City Council finds that there is a public necessity and public need to acquire 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. 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. PASSED AND APPROVED this the �� day of LLej.2002. liL4� A�'C--- EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Page 2 EXHIBIT A RIGHT-OF-WAY ACQUISITION PARCEL 4 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 Alvin E. Meredith et ux. by deed recorded in Volume 829, Page 474, 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 northwest comer of the remainder said Meredith Tract, also being the northeast 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 N 89053'01" E, with the north line of said Meredith Tract a distance of 883.60 feet to a point on the west right-of-way line of Teasley Lane, F.M. 2181 (variable width right-of-way); THENCE S 1 °25'24" E, with said right-of-way line, a distance of 62.81 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 147.40 feet to a set 5/8 inch capped iron rod (TNP); N 81 °36'39" W, a distance of 10 1. 12 feet to a set 5/8 inch capped iron rod (TNP); S 89*51'30" W, a distance of 640.39 feet to a 5/8 inch capped iron rod (TNP) set on the common line between said Meredith Tract and said City of Denton Tract, from which a found 1/2 inch iron rod at an angfe point in said common line bears S 3110'22" W, a distance of 531.74 feet; THENCE N 3010'22" E, with said line, departing from said new right-of-way line, a distance of 48.26 feet to the Point of Beginning and containing 1.043 acres of land of which 0.722 acre is included in the existing prescriptive right-of-way, ' remainder of 0.321 acre of land more or less. Bearings are based the Texas State Coordinate System, North Central ' Exhibit es MAP SHOWING PROPOSED RIGHT—OF—WAY ACQUISI7ION City of Denton, Denton County, Texas 2 a' 50R1 .COMELL ADDITION CAS. P,'PC 75 �. I. PARCEL 2 I I CONVEYANCE PLAT LEXINGTON PARK SOWN GEORGE T.' CONN£GC, 1R., CRB. A pC .299 vi)L. JlJS"'PQ LM FAMILY TRUSTI ic. / ss aaspa.�o I &ARACT. I HICKORY,CREEK'ROAD (�ARIA$GE WOIN R,DO Jt•'Jg' "of.IT' I I RARCEL .4 axc eM 1,04! AWS:1pla I GARY JAY MADRIGAL I I an: f+r3RM1�^Warr d.371 AM R7NAmMA 1QX, 4155, PG' 1O04 P ALWN E. MEREDITH ET UX I� VOL B?9,, PG. 474.: D.RA:C:7 i \0N10t 5 I ♦ a6a P I CITY OF D4WTON t rtitiY 1 NOTES: 1. Steil, s are based an the Texas Slate Coordinate System. NUN Central Zone (Nad 83). Z. Integral parts of this survey. IY o. Nap b. Field notes 3. The new right-of-way line will be monumenled with 5/8" Iran rods capped 'T.N.P.' EXHIBIT B PARCEL 4 0 200 400 6OO l;\PaOa-ale\o[NW271\nOW\FMC-4.Ow0 -1:1re—pared8y. S-Zz-ay Dale: TEAGUE NALL AND PERKINS 841.9s s I N• s a e 1 1 s s e. 1100 Moen Slr.et Fart Werth, Tesae 76IO2 (817) 336-s173 235 Woo Hlekory Street Sv Ite I00 a ea t on, T,xae 76201 (S 40)38 J - 4 1 7 7 5381 4465 11SA24 STREET RIGHT-OF-WAY DEED STATE OF TEXAS 5 § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 5 THAT Gordon Meredith, individually and as Independent Executor of the Estate of Alvin Meredith, Deceased and sole devisee under the will of Madlyn Meredith, Deceased, of Denton County, Texas, hereinafter called "Grantor" whether one or more, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, to Grantor in hand paid by the City of Denton, Texas, a municipal corporation, which is located in Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, Texas 76201, hereinafter called "Grantee", the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, expressed or implied, does GRANT, GIVE and CONVEY unto the Grantee all of that certain tract or parcel of land, owned by Grantor and situated in Denton County, Texas, in the Stephen A. Venture Survey, Abstract No. 1315, and being more particularly described in Exhibit "A" and as illustrated in Exhibit "B", both of which are attached hereto and made a part hereof for all purposes, together with all improvements situated thereon and all singularly the rights and appurtenances thereto and any and all right, title and interest of Grantor in and to any adjacent streets, alleys or rights -of - way, hereinafter collectively called the "Property." - 1 - S:\Real Est\Projects\ROW Shared\Projects\Hickory Creek Road Improvement Project\Parcel 4 Meredith\Meredith ROW Deed.doc 5381 4466 It is further acknowledged and agreed that Grantee is acquiring the Property for the purpose of permitting Grantee or its agents or assigns to construct, maintain, repair and operate thereon street, highway, right-of-way, drainage improvements, utilities and other related improvements. This provision shall not be construed as any restraint on the right of Grantee to convey fee simple title to the Property. Grantor hereby waives any and all right for compensation for the property interests conveyed to Grantee hereunder, including without limitation, the right or claim to severance damages, or any damages to, or diminution in value of, other lands belonging to Grantor, that may be claimed or asserted by virtue of such acquisition of the Property by Grantee. Notwithstanding the area and shape of the Property, this Deed shall be construed as conveying all rights and appurtenances incident to any ordinary conveyance of land. Grantor reserves all oil, gas, and other minerals in and under the Property; provided the Grantor shall have no right to enter Property to explore for, produce, extract or mine such minerals. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto said Grantee, its successors and assigns, forever. Grantor does hereby bind Grantor and Grantor's heirs, successors, executors and assigns, to warrant and forever defend, all and singular the Property unto the Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise. - 2 - S:\Real Het\Projects\ROW Shared\Projects\Hickory Creek Road Improvement Project\Parcel 4 Meredith\Meredith ROW Deed.doc 5381 4467 EXECUTED this Ic/' day of STATE OF TEXAS 5 COUNTY OF DENTON § c - , 2003. By: `nd�a ff4 �P Gordon Meredith, individually and as Independent Executor of the Estate of Alvin Meredith, Deceased and sole -devisee under the will of Madlyn Meredith, Deceased ftet This instrument was acknowledged before me this day /� of `,Hijm , 2003, by Gordon Meredith. aNANCY l otary Public, -State d T Comm. Expires 01.24200� �&& I,— Fes✓ Notary OUblic, State of Texas My commission expires %-.2y-apay", '1,�.. Accepted this ��day of �T(AL ( oo 3 2003 for the City of Denton, Texas (Resolution No. 91-073). By-4 21JJAZLI 42M&� Paul Wi liamson Manager, Real Estate and Capital Support - 3 - S:\Real Bet\Projects\ROW Shared\Projects\Hickory Creek Road Improvement Project\Parcel 4 Meredith\Meredith ROW Deed.doc 5381 4468 EXHIBIT A RIGHT-OF-WAY ACQUISITION PARCEL4 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 Alvin E. Meredith et ux. by deed recorded in Volume 829, Page 474, 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 northwest comer of the remainder said Meredith Tract, also being the northeast 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 N 89053'01" E, with the north line of said Meredith Tract a distance of 883.60 feet to a point on the west right-of-way line of Teasley Lane, F.M. 2181 (variable width right-of-way); THENCE S 1 °25'24" E, with said right-of-way line, a distance of 35.81 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°53'01" W, a distance of 475.17 feet to a set 5/8 inch capped iron rod (TNP); S 85°00'28" W, a distance of 144.34 feet to a set 5/8 inch capped iron rod (TNP); S 89°51'30" W, a distance of 268.20 feet to a 5/8 inch capped iron rod (TNP) set on the common line between said Meredith Tract and said City of Denton Tract, from which a found 1/2 inch iron rod at an angle point in said common line bears S 3° 10'22" W, a distance of 531.74 feet; THENCE N 3-10'22" E, with said line, departing from said new right-of-way line, a distance of 48.26 feet to the Point of Beginning and containing 0.823 acre of land of which 0.722 acre is included in the existing prescriptive right-of-way, leaving a remainder of 0.101 acre of land more or less. Bearings are based the Texas State Coordinate System, North Central Zone (NAD 83). See Exhibit Bfor map. 11105102 Revised easement per new alignment. /I — (a —u v e MAP SHOWNG PROPOSED 5381 RIGHT—OF—WAY ACQUISITION City of Denton, Denton County, Texas 2 I \o\5 � P- o I 5\)g0 INNELL ADD177ON I \ 9 \011- CAB. P, PC. 75 E\' i• -? PARCEL 2 I I CONVEYANCE PLAT LEXINGTON PARK SOUTh GEORGE T. CONNELL, ✓R, CAB. S.Pc. zss VOL. JIJ5, PC. 4J6, D.R.D.G T. I LM FAMILY TRUST CC / 96-00596J0 I I R.P.R.D.CT. HICKORY CREEK ROAD MOTH ROW) S e931'10' W 26620' W \ 5 BSTq'76' YAKS 462.1 ACRE WAL 4 722 ACRE In' [.W51 GARY JAY MADRIGAL I I 0. 101 ACRE REMAIN01 WIL. 4155, PG 1004 VOL 429, PG. 467 ■ es ALVIN E. MERED17H ET UX. IN VOL. 829, PC. 474. D.R.D.CT r I \0 �OaE I p. \AEa I CITY OF DENTON � 5'(EP I — WL. 4647, PG 3456� — — — — NOTES: I. 8varings are based on the Texas Stole Coordinate System, North Central Zone (Nod 83). 2. Integral parts of this survey. l4 o. Map b. Field notes 3. The new right-of-way line will be monumenled with 5/8' Iran rods copped "T.N.P.' EXHIBIT B PARCEL 4 0 200 400 600 L:\PRW-R14\DENW271VOVV\PMC-4JEV.DK far par ... TEAGUE NALL AND PERKINS e s a. s s s e • x s r s s s s e 17 Ada s o n S t r e e t reared B UWRENCE E. ALLEE Fort W Woorth , i s x e s 76 10 I P y (817) 336-3773 4S]D 235 West HickoryStreet d.TA°.,w[s 51°ypR Sulfa 10 O �SURDen Ion, Texaa 76201 Date: (940) 3It3-4177 LIM A ��R l��co� own, ' R u�x►-Tw, City of Denton Engineering Department City Hall East 601 E. Hickory, Suite B Denton, Texas 76205 Attention: Paul Williamson 5381 4410 ANYMOV 'oI IIV ,,II OF rFDA'40 Fl,. FR q1. 1LVr VI I*4 �',R L' ^FF. Ge NrAL 0A USE INVAIIOA OUNENFOR„Fp V,3L,TF-.,II OLORC" THESTYO,Dr.h"j LAtV COUNTY LUiagL LAIV ACE IS "ii,10"`O1Q rcrl ly pail us n Oik"IPucl1i,,....eslanil;en LV I�.[0 ui ln�Eli, iN o.ac or..., o�nc,ile�Couo;v. iYASpOROED c an mem JUL 2 4_ 2003 jjj /� G2n�p .L COUNTY DENTON COUNTY TEXAS J *oe DIA189 f bAcoq in: CYNTHIA MITCHEL, COUNTY CLERK On Jul 24 2003 At 3:13pm Receipt R: 44927 Recording: 13.00 Doc/Mgmt : 6.00 Dac/Num : 2003-R0118124 Doc/Type : ROW Deputy -ERIN 1 August 22, 2003 City of Denton Engineering Department City Hall East, 601 E. Hickory, Suite B Denton, TX 76205 Re: Our File No. TX03-201805-FW06 Property Address: 601 E. Hickory, Suite B, Denton, TX 76205 Dear Homeowner: Enclosed is your Owner Policy of Title Insurance. This policy contains important information about the real estate transaction you have just completed. Please read it and retain it with your other valuable papers. A complete file of the records concerning your transaction will be maintained under the above assigned file number. These records will assure prompt processing of future title orders and save valuable time should you wish to sell or obtain a loan on your property. Visit or call any one at our offices and simply give them your personal file number. We appreciate the opportunity of serving you and will be glad to assist you in any way in regard to your future escrow or title service needs. It is not mandatory, but it is your responsibility to render your property to the respective taxing authorities to assure proper mailing of future tax notices, Should you have any questions, please don't hesitate to contact Policy Department Customer Service at 800-347- 7826, Extension 2916. Again, thank you. Sincerely, First American Title IInsurance Company �.�``utmAw Brenda C. Strickland Assistant Secretary First American Title Insurance Company Enclosure(s) BCS/ad17 s� AN PR, v� y )• First American Title Insurance Company 201 Main street, Suite 900, Fort Worth, 7X 76102 Phone (817) 335-8333 - Fax (817) 870-1831