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Home My WebLink About2001-411S \Our Documents\Ordinances\01\Condemnation Ordinance Clayton Homes doe ORDINANCE NO AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 144 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET, LANDSCAPE BUFFER, AND OTHER MUNICIPAL PURPOSES, SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND SAID PROPERTY BEING LOCATED IN THE G WALKER SURVEY ABSTRACT NUMBER 1330 IN THE CITY OF DENTON, DENTON COUNTY TEXAS, AND BEING A PART OF THE EDWARDS ROAD AND A PART OF ALLEN ESTATES MOBILE HOME PARK AS SHOWN BY PLAT THEREOF RECORDED IN CABINET C PAGE 383 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION 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 STREETS, LANDSCAPE BUFFER, AND OTHER MUNICIPAL PURPOSES, 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, landscape buffer, and other municipal 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, landscape buffer and related improvements, and WHEREAS, the hereinafter described property is believed to be owned by the CMH Parks, Inc, a Tennessee Corporation ("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 fee simple title for street, landscape buffer, and other municipal purposes, with such fee simple title vesting in the City of Denton in that certain tract or parcel of land containing approximately 144 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 $6,721 00 (the "Compensation") is just compensation for the Property including damages to the remainder, if any, said sum being based on an independent appraisal obtained by the City The City Manager or his designee is hereby authorized and directed to make an offer for the Property to the owner of the Property in the amount of the Compensation SECTION 3 In the event the offer as described in Section 2 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 in the Property for street, landscape buffer, and other municipal purposes, with such fee simple title vesting in the City of Denton SECTION 4 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 SSFCTION 5 This ordinance shall become effective immediately upon its passage and approval / PASSED AND APPROVED this the _S2 day of 2001 EULINE BROCK, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY APPR VED AS TO LEGAL FORM HERBERT L PROUTY, CITY TTORNE BY Page 2 5 01 aw. H." dae Exhibit "A" Surveyors & Engineers of North Texas 1621 Amanda Court Ponder Texas 76259 Ph (940) 482 2906 FAX (940) 482 0009 Metro (940) 243 3832 www sentoorp oom Edwards Road R O W Dedication All that certain tract of land situated in the G Walker Survey Abstract Number 1330 City of Denton, Denton County, Texas and being a part of Edwards Road and a part of Allen Estates Mobile Home Park as shown by the plat thereof recorded in Cabinet C, Page 383 of the Plat Records of Denton County, Texas the subject tract being more particularly described as follows BEGINNING for the Northwest corner of the tract being described herein at a 1/2 inch iron rod found at the Northwest comer Allen Estates Mobile Home Park on the East right-of-way of Mayhill Road and the South right-of-way of Edwards Road as dedicated, THENCE North 01 Degrees 27 Minutes 27 Seconds East with the extension of the East right-of-way of Mayhill Road across Edwards Road a distance of 29 66 feet to the South line of the tract of land described in the deed from Roger C Sullivan to the City of Denton recorded under Clerk's File Number 96-R0000829 of the Real Property Records of Denton County, Texas, THENCE South 88 Degrees 46 Minutes 00 Seconds East with the South line of the City of Denton Landfill tract a distance of 1,429 44 feet to the Northeast comer of the called 61 2/3 acre First Tract as described in the deed to S D Robertslrecorded in Volume 256, Page 549 of the Deed Records of Denton County, Texas and the Northwest corner of the called 1 822 acre tract described in the deed from James L Brockie et al to the City of Denton, THENCE South 01 Degrees 48 Minutes 59 Seconds West with the East line of the said 61 2/3 acre tract and the West line of the said 1 822 acre tract a distance of 300 02 feet to a 1/2 inch iron rod set at the Southwest comer thereof, THENCE North 88 Degrees 46 Minutes 00 Seconds West across Edwards Road a distance of 30 00 feet to a 1/2 inch iron rod set on the West right-of-way of Edwards Road and the East line of Allen Estates Mobile Home Park, THENCE North 01 Degrees 48 Minutes 59 Seconds East with the East line of Allen Estates Mobile Home Park and the West right-of-way of Edwards Road a distance of 159 70 feet to a 1/2 inch iron rod set, Thence across Allen Estates Mobile Home Park along a fence on the South side of Edwards Road as constructed the following five calls, I North 35 Degrees 23 Minutes 53 Seconds West a distance of 41 61 feet to a 1/2 inch iron rod set, 2 North 74 Degrees 50 Minutes 20 Seconds West a distance of 95 11 feet to a 1/2 inch iron rod set, 3 North 63 Degrees 59 Minutes 39 Seconds West a distance of 58 64 feet to a 1/2 inch iron rod set 4 North 71 Degrees 35 Minutes 05 Seconds West a distance of 88 89 feet to a 112 inch iron rod set, 5 North 84 Degrees 17 Minutes 41 Seconds West a distance of 45 38 feet to a 1/2 inch iron rod set on the South right- of-wayl of Edwards Road and the North line of Allen Estates Mobile Home Park, Thence North 88 Degrees 46 Minutes 00 Seconds West with the South right of way of Edwards Road and the North line of Allen Estates Mobile Home Park along the said fence a distance of 1,097 58 to the PLACE OF BEGINNING and enclosing 1 440 acres of land of which 1 160 acres he within the dedicated right of -way of Edwards Road 10 26-01 Exhibit "B" (temporary) pa3 IS ENT Corp 940 482 2906 www eaotoorp eom 4Ni+ 0 r C N -m rI M 0 M z 0 AC7 00 AO 0 G m z z 0 z A A A 0 0 CQ r 0 0 M 7 n m O —1 Z n -+ C z 0 EDWARDS ROAD 1 440 ACRES IN THE G WALKER SY A-1330 DATE 10-26-01 SCALE 1 =200 CITY OF DENT�N DRAWN CIF DENTONCOUN Y, TEXAS CHECKED WMC Ie NY Ao W& UN/P an AOCAP P OONNl4y z 1111,10lal MG YII D HOUGH SY A-646 xx z -C Ijlj� { %I x` II 8g6„ 4 9 F CA A N G A G 9 W g8p§$ W 8 � P o � F M "Mrs 4 Clry OF TO "N ON IO-M-OC'/M-C Surveyors & Engineers of North Texas, inc. 1621 AMANDA COURT PONDER TEXAS TU69 PH(84OW2-M FAX (940)1824OOS,TOU.FREE(877)481-SENT WWW SENTCORP CON