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Home My WebLink About2002-189t SAOur Documents\Ordinances\02\Condemnation Ordinance Parcel Tdoc ORDINANCE NO. JM,�-10 q AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.589 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 0.043 ACRE, BOTH OF WHICH ARE LOCATED IN THE ELI PICKETT SURVEY, ABSTRACT NO. 1018 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND BEING PART OF A TRACT OF LAND CONVEYED TO GEORGE T. CONNELL, JR. BY DEED RECORDED IN VOLUME 3135, PAGE 436, 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 George T. Connell, Jr. ("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 0.589 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 to the City of Denton, Texas in, over and across that certain tract or parcel of land containing approximately 0.043 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. 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 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. /J PASSED AND APPROVED this the I ��rC day of 2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: L" y1i'-,IQ - 1J)A &,J APP VED A TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY mm A EULINE BROCK, MAYOR Page 2 RIGHT-OF-WAY ACQUISITION PARCEL 7 BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton County, Texas and being a portion of a tract of land conveyed to George T. Connell, Jr. by deed recorded in Volume 3135, Page 436, Deed Records of Denton County, Texas, said strip of land being more particularly described by metes and bounds as follows: BEGINNING at the southwest comer of said Connell Tract, also being the southeast corner of a tract of land conveyed to Tina M. Lauer by deed recorded in Volume 4468, Page 744, of said Deed Records, said point being in Hickory Creek Road and being N 89*57' 11" E, a distance of 45.30 feet from a found P.K. nail at the southwest comer of said Lauer Tract; THENCE N 4012'31" E, with the common line between said Connell Tract and said Lauer Tract, a distance of 60.09 feet to a 5/8 inch capped iron rod (TNP) set on the proposed new north right-of-way line of Hickory Creek Road, from which a found 1/2 inch iron rod at an angle point on said line bears N 4°12'31" E, a distance of 737.29 feet; THENCE with said proposed new right-of-way line with the following courses and distances: N 89°51'30" E, a distance of 216.26 feet to a set 5/8 inch capped iron rod (TNP); S 84025'52" E, a distance of 100.50 feet to a set 5/8 inch capped iron rod (TNP); N 89151'30" E, a distance of 141.26 feet to a 518 inch capped iron rod (TNP) set on the common line between the remainder of said Connell Tract and Lot 2, Block A, Connell Addition, shown by plat recorded in Cabinet P, Page 75, Plat Records of Denton County, Texas; THENCE S 0°09'54" E, departing said right-of-way line, with said common line, a distance of 49.90 feet to the southeast comer of the remainder of said Connell Tract said point being in Hickory Creek Road; THENCE S 89*51'28" W, a distance of 462.09 feet to the Point of Beginning and containing 0.589 acre of land of which 0.386 acre is included in the existing pre. right-of-way, leaving a remainder of 0.203 acre of land more or less. �.� . QF 0 ?� Bearings are based the Texas State Coordinate System, North Central Zone (MAD 83). Wbit Bjo Eb¢.*v12:,1t E3 MAP SEI6tWNC PROPOSED RIGHT -'OF' —WA'Y-ACQUISf71ON (`�Cityof Denton, Denton County, Texas I: PARCEL ! r i 1 l 1 ll I 77NA M. LAUER! �.%0L 4441&K-744 i r 1 •1 h / 2 ELL ADDIT)ON e. Pil75 CHAUGER ESrA7ES �^ GEORGE T. COMNECL PRAM 11 , 1 E 71t7i(. J}J% PG .4A aTT.64T. i i i PARCEL 2 ' - 4 1 t 'CONVEYANCE PLAT PARCEL 7 i + LEK(NCTON` PARK SOUTH 43' 19 -- -+ ailed-CE row 45 1 + ax6 naN w.6nsav6 roWl I ELM FAMILY TRUST CA9. 5 PG 299, RR.AaT. 44 t r aaorAryeatx nuura II cc rw-mgas_n f I !I . I R.P.R.D:C T. a, 33r` GARY,JAY vMAORIGAL 32 V VO( 41M,, PG J004. (Qt MACH) HICKORY CREEK RANCH PHAW I1 N TES- CAd.:-.$, PG. 241, P.R.ar-T. 1. Oeorhpv.«a beaod en 1h. te.m State coorefaot.. Systrin, North cmk,ul Zone (Nod e3). T. wiegrel_ parts of this survey. o. meo tp. Field: notes ] The oe. rlghl-qt-. oy 1l * .0 be manumenlad, with 5%6' kw rods -copped 'TXP; EXHIBIT B PARCEL 7 Gvsaa-n,•VxNoop>'�ycMrrac_r.w1G 1 reuored.By. � ,S--Zz —oZ Dote: P� CITY OF DENTON 1/ Va. 4647, PG 345fi I� h t 1 .1 ALWN E. Lr VOL.: 829, I 0 yfitr. MERED(TH..ET OX P!,. 471, O.R.C. 0 200 I00 600 TEAGUE NALL AND PERMS 60,19,718, 1saf1 was@ 1 1 0 0 Me . . n S f r a f f Fort Worth. Toros 76102 (617)338-5773 235 Wasl NI1R o r y Slr s s t S o 1 1 e 1 0 0 a.n Eon. T.. e. 70201 (040)363-4177 EXHIBIT C L TEMPORARY CONSTRUCTION EASEMENT PARCEL 7 BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton County, Texas and being a portion of a tract of land conveyed to George T. Connell, Jr. by deed recorded in Volume 3135, Page 436, Deed Records of Denton County, Texas, said strip of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch capped iron rod (TNP) on the common line between said Connell Tract and a tract of land conveyed to Tina M. Lauer by deed recorded in Volume 4468, Page 744, of said Deed Records, said point being N 04° 12'31" E, 60.09 feet from the southwest corner of said Connell Tract, said point also being on the proposed north right-of-way line of Hickory Creek Road; THENCE N 4'12'31" E, with the common line between said Connell Tract and said Lauer Tract, a distance of 15.04 feet to a point, from which a found 1/2 inch iron rod bears N 04°12'31" E, 722.25 feet; THENCE N 89051'30" E, departing said line, a distance of 125.00 feet; THENCE S 00°08'30" E, a distance of 15.00 feet to a point on said proposed new right-of-way line of Hickory Creek Road; THENCE S 89051'30" W, with said line, a distance of 126.14 feet to the Point of Beginning and containing 0.043 acre of land more or less. 'q -/ 7Z'a Bearings are based the Texas State Coordinate System, North Central Zone (NAD 83). See Exhibit B for map. 0 MAP SHOWING PROPOSED TEMPORARY CONS77?UC11ON EASEMENT City of Denton, Denton County, Texas - PARCEL. 1. I7INA M. LAUERI l � IOL. 1100. PG 711 I P 1 I 1 CHAUCER ESTATES PHASE Il CAB. S; PG. 274 1 44 43 $ - - —•4 A 45 1 44 " d 46 yJ / �k O ONNELL A )DI RON W �CAD. P. PG 75 la Imo• I= GEORGE T. CONNELL, JR.I I ULM FAMILY TRUST VOL. JIJS. PG. 436, D.R.D.C.T I I CC / 96-0059630 1 PARCEL 2 • 1 I R.P.R.D.GT. K I I CONVEYANCE PLAT W I I LEAWGTON PARK SOU7H II t 15' 7EMPORARY CONS7R CI CAD. S, PG. 29P.R.D.C.T. 9, P.R.D. 3 EASEMENT (0.04J ACRC).j --.s aoTa7o• E law, 7-ti. . �` I. i .'*' �N 0971'11' C 1370' 33r - 32 GARY JAY MAORIGAI 1 VOL. 415A PG. 1004, (OUITO ® /I �I- HICKORY CREEK RANCH PHASE 11 N 7E5: CAB. S PG 241 P.R.D.GT. 1, Beoringe are based on the Uses Slate Coordinate System, North Central Zone (Nod 83). Z. Integral Parts of this survey. a. Mop b. Field notes 3. The now right-ol-ray line will be monumented with 5/n• ,.-_ .-I- . .,.ed -TAP.- PARCEL 7 E•\PRQ NII\0EN00271\N0W\tCE_7. WG By. 4-iz-oz Date: M, ' 1 I CITY OF DENTON j VOL. 4647, PG J456 IM) I �A I i yJ� ALNN E. M. 474. ..0 T. II L��1h M. 829, PG 474, D.R.D.GT. ho 0 200 400 600 TEAGUE NAU AND PERKINS I e e a e s 1 s N s e e e 7 e e t e e 1 1 0 0 D e e n_n S I r e e I -- (01 7) 130 - 5 773� 2J5 West Nle i ery S I r a 41 SYIIe 100 Denton, Texas 76201 ( 0 4 0 ) 3 8 3 - 4 1 7 7