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HomeMy WebLinkAbout2002-190SAOur Documents\Ordinances\02\Condemnafion Ordinance Parcel 8.doc ORDINANCE NO. ( ©OV� - /9 D AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0.062 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 0.016 ACRE, BOTH OF WHICH ARE LOCATED IN THE ELI PICKETT SURVEY, ABSTRACT NO. 1018 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND BEING A PORTION OF A TRACT OF LAND CONVEYED TO TINA M. LAUER BY DEED RECORDED IN VOLUME 4468, PAGE 744, 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 Tina M. Lauer ("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 0.062 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 0.016 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. / PASSED AND APPROVED this the /0 day of , 2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP VED 2 TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 EXHIBIT A RIGHT-OF-WAY ACQUISITION PARCEL 8 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 Tina M. Lauer by deed recorded in Volume 4468, Page 744, Deed Records of Denton County, Texas, said strip of land being more particularly described by metes and bounds as follows: BEGINNING at a P.K. nail at the southwest comer of said Lauer Tract, said point being in Hickory Creek Road; THENCE N 4°24'20" E, a distance of 60.03 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 the west boundary line of said Lauer Tract bears N 4124'20" E, a distance of 737.95 feet; THENCE N 89-51'30" E, with said proposed new right-of-way line , a distance of 45.10 feet to a 5/8 inch capped iron rod (TNP) set on the common line between said Lauer Tract and a tract of land conveyed to George T. Connell, Jr. by deed recorded in Volume 3135, Page 436 of said Deed Records; THENCE S 4012'31" W, departing said right-of-way line, with said common line, a distance of 60.09 feet to the southeast comer of said Lauer Tract, also being the southwest corner of said Connell Tract, said point being in Hickory Creek Road; THENCE S 89*57' 11" W, a distance of 45.30 feet to the Point of Beginning and containing 0.062 acre of land of which 0.038 acre is included in the existing prescriptive right-of-way, leaving a remainder of 0.024 acre of land more or less. - Bearings are based the Texas State Coordinate System, North Central Zone (NAD 83). hihit I' . Exf-tiib'it i3 MAP SHOWING' PROPOSED RIG HT —OF —WAY ACQUIS177ON My of Denton; Denton County, Texas. PABL'L't. ! � I InNA'M. LAUERI I ym 4414 PW 744 9 I Q,v� rr I� h W n AWS; 3 GEO(TGr T; CONNEU,, q. I 3 IXV4L XJS P,a� 4J& AR.D.t:.,r, 274 I2 44 1 I _ 43 PARCEL R 45' dW7 A(7k' l(MAt 44 Ra]e AOif w sasrwa aaw 0.a)1 AtAY F£aAWata• s e .)side r ajo' PARM 2 I CONVEYANCE PLAT _ LEXYHO TOW PARK SOUTH y tM mwY TRUSTI CAR. S, PG.,293� P.R.04..'T. t:C / 46-tltl54tiJ0 R.P,Rb:ar. s scsr r- O Ia;_.3..ia i3 CITY f" OENTON. 32 GARY JAY MAONGAL urt: 4547 PG J455 41 mu, Fria.(t7U)TCL:41dJJ' A MCKORY CREEK RANCH I yJ Pl4ASE.0 �10 N tESc. W. S PG 241,• P,R,O:GT, ALWN E. MEREDITH ET UX. I eevwg, Wa aokeo on tha Taeae� :5tate Goaromote J� +yti� - 829. PG 474. DAACT, System Nvlh Central Zo"a (Nod ei}; 2, Ina� legral parts at this surrey. ya a. P e.. y1Na "aloe y; the ... right -of -.ay Me .2-be monumentee'.11n 6/W Yon roe,: cea➢ea:"TAP.* EXHIBI T B PARCEL: 8 t:iFa0)'f04\GO WMjR0W-PVM-&0WG BY. J'-Z2 -07� Date: 0 200 400 600 i TEAGUE NALL AND PERMNS 1,00 Yeven Street F a r t W e r t h, r e e e e 7 6 1 0 2 (817) JJB-a77J 2,35 West Hickory Street Suite too 0 en t 0a, Texae 78201 (Y40)383-4177 i, EXHIBIT C TEMPORAit C WS- UCTION EASEMENT PARCEL8 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 Tina M. Lauer by deed recorded in Volume 4468, Page 744, 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) set on the proposed new north right-of- way line of Hickory Creek Road and on the west line of said Lauer Tract, said point being N 4°24'20" E, 60.03 feet from a P.K. nail located at the southwest comer of said Lauer Tract; THENCE N 4024'20" E, with the west line of said Lauer Tract, a distance of 15.05 feet to a point, from which a found 1/2 inch iron rod at an angle point on the west boundary line of said Lauer Tract bears N 4°24'20" E, a distance of 722.90 feet; THENCE N 89051'30" E, a distance of 45.05 feet to a point on the common line between said Lauer Tract and a tract of land conveyed to George T. Connell, Jr. by deed recorded in Volume 3135, Page 436 of said Deed Records; THENCE S 4012'31" W, with said common line, a distance of 15.04 feet to a point on said proposed new north right-of-way line of Hickory Creek Road; THENCE S 89°51'30" W, with said right-of-way line, a distance of 45.10 feet to the Point of Beginning and containing 0.016 acre of land more or less. Bearings are based the Texas State Coordinate System, North Central Zone (AIAD 83). See Exhibit B for map. EXHIBIT Mi MAP SHOWING PROPOSED 7E'MPORARY CONS7RUC770N EASEMENT Ci#y of Denton, Denton County, Texas I , i 1 i o t I I 1 i t r rl � fI 1 ))NA M. LAU'EP' r 1 � i Gti AUDI77ON 11i q.—NELL ACD. P. PG.-75 h la CHAUCER,ESTA7ES j. PGCcRcr; 7, cONNrLL, Jr1, j MLA4 FAANLY rRUSTt. I PHASE 7i a vac; ar:i� c. oJ5 a:rr. a r r t - P + t CC / 95-0055CJ0 I �agcrc z CAB. S PC, P7+' Dr 1 I 115' GONvEYANCE PLAT PARK. SOUTH TEMPORARY ;CONSTRUC77ON L.EXINGTON A `ACRF.J GAB. S,�PC, 299..P.R.0•C: T.44 4g )1EASEMENT''Mom i 33% PARCEL 8 r1 32 GARY JAY MADRIGAL J Q VM- 415d. PC. 1001. (OIWMAW) I HICKORY CREEK RANCH PHASE H CA9:. A PC. '271. PP.O-1~T. 1 (aenew gt wr bated M. the 4n0' 51cie r. f'Vmtpte. Silt em iooeln Cm FIW' hnt (Nod BJ:a. 1 to eyml polio at m' 1nr cvt a IJap o- Field ti011, } Ine +ems uI�N-al-pop,➢n[.rr 6e mcnumsNtC +11h 5(0' von rpaa ctppedfJJ.i!' ���ww ae,>,oPMaellvna.r(ivr-n pwp Prepared By. 4-1z-OZ Date: C.ITY OF DENTON tv 1 ,A� h ie7L. 529 rs. 474. O A.O C. r• . 'ta tYJ as 0 200 600 TEAGUE NALL AND PERMNS a a a a a, e, a a a a a, a a a a a 1100 Yaaan Slraal Fall WorIA, Tanoa 76107 (a 17)JJ 6 - 5 7 7 J 2 J 5 Waal Ble k a ry 51raa1 5 u 1 1 a 1 0 0 0 a n, 0n, Takas 76201 (a a 0)JB 3-0177