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HomeMy WebLinkAbout2002-187FILE REFERENCE FORM 2002-187 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act ,�3iT49 FME(S) gate junnais Repealed by Ordinance No. 2003-072 03/04/03 r - • SAOur Documents\Ordinances\02\Condemnation Ordinance Parcel 5.doc ORDINANCE NO. 157W,� — ! 0 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.769 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 TEMPORARY CONSTRUCTION, GRADING, AND ACCESS EASEMENT CONTAINING APPROXIMATELY 0.089 ACRE OF LAND, LOCATED IN THE ELI PICKETT SURVEY, ABSTRACT NO. 1018 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND BEING A PORTION OF PARCEL 2, CONVEYANCE PLAT LEXINGTON PARK SOUTH, RECORDED IN CABINET S, PAGE 299, PLAT RECORDS OF DENTON COUNTY, TEXAS, CONVEYED TO DWIGHT THOMPSON MINISTRIES, INC. BY DEED RECORDED IN VOLUME 3135, PAGE 439, 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 Dwight Thompson Ministries, Inc. ("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 0.769 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 temporary construction, grading and access easement in the name of the City of Denton, Texas in, over and across that certain tract or parcel of land containing approximately 0.089 acre as more particularly described in Exhibit "C", attached hereto and made a part hereof by reference (the "Temporary Construction, Grading and Access Easement') and as depicted on Exhibit "D", attached hereto and made a part hereof 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 the Hickory Creek Road Paving, Drainage, and Utility Improvements Project (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 and Temporary Construction, Grading and Access Easement 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 Right -of -Way Property, with such fee simple title vesting in the City of Denton and to acquire the Temporary Construction, Grading and Access Easement. 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 , 2002. M EULINE BROCK, MAYOR Page 2 EXMBIT A RIGHT-OF-WAY ACQUISITION PARCELS BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton County, Texas and being a portion of Parcel 2, Conveyance Plat Lexington Park South, recorded in Cabinet S, Page 299, Plat Records of Denton County, Texas, conveyed to Dwight Thompson Ministries, Inc. by deed recorded in Volume 3135, Page 439, Deed Records of Denton County, Texas, said strip of land being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of said Parcel 2, also being the southeast comer of the a tract of land conveyed to the MLM Family Trust by deed recorded under county clerk's file number 96-0059630, Real Property Records of Denton County, Texas, said point being in Hickory Creek Road; THENCE N 0°09'54" W, with the common line between said Parcel 2 and said U LM Tract, passing a found 1/2 inch iron rod at 37.50 feet, in all a distance of 50.02 feet to a 5/8 inch capped iron rod (TNP) set on the proposed new north right-of-way line of said Hickory Creek Road; THENCE with said new right-of-way line with the following courses and distances: N 89°51'30" E, a distance of 421.83 feet to a set 5/8 inch capped iron rod (TNP); N 0°08'30" W, a distance of 10.00 feet to a set 5/8 inch capped iron rod (TNP); N 89°51'30" E, a distance of 194.47 feet to a 5/8 inch capped iron rod (TNP) set on the west right-of-way line of Teasley Lane, F.M. 2181 (variable width right-of- way); THENCE S 1032'50" E, with said west right-of-way line of Teasley Lane, a distance of 62.23 feet to a point at the southeast comer of said Parcel 2, said point being in Hickory Creek Road; THENCE N 89056'22" W, with the south line of said Parcel 2, a distance of 617.81 feet to the Point of Beginning and containing 0.769 acre of land of which 0.549 acre is included in the existing prescriptive right-of-way, leaving a remainder of 0.220 acre land more or less. - 5 "7-7,- O Ti Bearings are based the Texas State Coordinate System, North Central Zone (NAD 83). ExF61121t E3 MAP SHOWING PROPOSED RIGHT—OF—WAY ACQUISITION City of Denton, Denton County, Texas 101', 46 GEORGE T. CONNELL, JR. VOL MA PG 436 D.R.D.GT. PARCEL i -T gU P(CKE� SURLY P� / 2 ONGHT 7HOMPSON MINISTRIES, INC. VOL. J135, PG. 4J9, D.R.D.G T. ADDmON I PARCEL 2 PG 75 0 LM FAMILY TRU CC / 95-00596M R.P.R.D.GT. I, N Oawe'54' W mmd CONVEYANCE PLAT LEXINGTON PARK SOUTH CA& S. PG 299, P.R.D.C.T. N WW'Ja' W ROW N MSI'Jo' £ CITY OF DENTON GARY JAY MADRIGAL WL• 4647, PG J456 VOL 4153E PG 1004. (OUITCLAIM)( WL 429, PG 467 ALWN E. MERED/TH ET UX. VOL. M. PG 474. D.R.D.Gr. NOTES: WL. 429, PG 467, D.R.D.GT. (LEGAL DESC.—REF. DEED) 1. Bearings ore based on the Texas Slate Coordinate 5 System. North Central Zone (Nod 83). Z. Int0. egral y. parts of this survey.SURVy !d b. Field notes juf6 3. The new right—of—way line will be monumenled with N P• �N S/8' Iron rods capped 'T.N.P.' NE SAP �j EXHIBI T B PARCEL 5 0 200 400 600 l:�Paa-Rls\peNppznypwwene..e.owd 11 �� '' ••;el TEAGUE NAU AND PERKINS Ti. N4 �o }'N• a Re es rre a eee rWssse hh 1 1 0 a Al a e e n S l r e e f fepOfed B LAWRENCE E A�LEE• F o r f War r t h , i e s o s 7 6 1 0 2 Y: (81 7) JJ 6— 5 773 457D 235 West Nl a It or y Strewt .! —ZZ 'OZ `4N RCS \" y0Q• 00 Do n l o n Suite 1s 76 20 I Dole: SORV (p10) 3 8 J — 4 1 7 7 EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT PARCELS BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton County, Texas and being a portion of Parcel 2, Conveyance Plat Lexington Park South, recorded in Cabinet S, Page 299, Plat Records of Denton County, Texas, conveyed to Dwight Thompson Ministries, Inc. by deed recorded in Volume 3135, Page 439, Deed Records of Denton County, Texas, said strip of land being more particularly described by metes and bounds as follows: BEGINNING at 5/8 inch capped iron rod (TNP) set at the intersection of the west right- of-way line of Teasley Lane, F.M. 2181 (variable width right-of-way) with the proposed new north right-of-way line of Hickory Creek Road (variable width right-of-way), said point being N 01*32'50" W, 62.23 feet from the southeast comer of said Parcel 2, Conveyance Plat Lexington Park South; THENCE S 89-51'30" W, with said proposed new north right-of-way line of said Hickory Creek Road, a distance of 194.47 feet to a 5/8 inch capped iron rod (TNP); THENCE N 0°08'30" W, departing said line, a distance of 20.00 feet; THENCE N 89°51'30" E, a distance of 193.98 feet to a point on the east line of said Parcel 2 and the west right-of-way line of said Teasley Lane; THENCE S 1032'50" E, with said line, a distance of 20.01 feet to the Point of Beginning and containing 0.089 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 L> MAP SHOWNG PROPOSED 7EMPORARY CONSMUC71ON EASEMENT City of Denton, Denton County, Texas PARCEL I I I 1 t r�� / 1 I tal6 i GEORGE T. CONNELL, A i VOL JIJA PO.4JA D.R X T, 2 ' OWTCJiT TNOMP5pN: -mmsTmE5,we ; VpL. '.71J6, .P-G. 4.12, 02D.C.T. © I � 1 CONNELL ADDITION PAP L 2. CAB. P, PC, 75' CONVEYANCE PLAT i LEXINGTON PARK SOUTH ' CAD. S,' PG. 299. P.R.D.Ci T, I t l LM FA,WLY MUSTI 20' 7E'MPORAPY CONS7RUCRON CC f.96-00596Jo' I EASEMENT (0,099 ACRe)' ' R.P,R.D.G L. ' j e` � Nvo9fl7P-w.7oN`N,+?. J� ;VM9a 1 J CITY Or DENTON f f ViX 4647. PG:J06 AL v7N E. -MERED1TH ET . UX. Va. V4q, a6. -izd O.R.DiC T. 7i0tg5:,. I Vof..:429, PO.* 47, D.P.O.0 L. '(LECAt 0.`SC.-AEF; :6EEOj L eavimp dr. bosea:aa-taw 7evaa Stole cowdi"aka Syaem: hw1h Central. (Aad a!). 7 a Ie, MPortnbl SAly tvurwy. a ap p city -naca d Tire •ilh 5Ja' Pon raav Popped *TNA* PARCEL .5 1_\Pao+-4'-\Kc 007 clime*1KT_5;OK 0 - -2.00 •iob aao TEAGUE-NALL ;IND ,PERKINS I too Mue,Pn a 1'+le.i - 2 d 6 W. n t A l o h a ,,y S i r- e: r i-. S.0 11, 100