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Home My WebLink About2001-412S \Our Documents\Ordinances\01\Hallford Condemnanon Ordinance doe ORDINANCE NO a?061- T 1 A AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 565 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES AND TWO SLOPE EASEMENTS CONTAINING APPROXIMATELY 0 203 ACRE AND 0 134 ACRE, RESPECTIVELY, ALL OF WHICH ARE LOCATED IN THE D LAMBERT SURVEY, ABSTRACT NO 784 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND BEING PART OF LOT 1, BLOCK A, LOMBARD ADDITION, AN ADDITION TO THE CITY OF DENTON, 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 TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY, AND DECLARING AN EFFECTIVE DATE WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convemence hereby require the acquisition of the real property title and interests as hereinafter described, and WHEREAS, the hereinafter described property is believed to be owned by Ray Hallford (the "Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That 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, Texas in that certain tract or parcel of land containing approximately 0 565 acre, together with improvements thereon and appurtenances thereto as more particularly described in Exhibit "A", attached hereto and made a part hereof by reference (the "Right -of -Way Property") and as depicted on Exhibit `B", attached hereto and made a part hereof by reference, and b two slope easements in the name of the City of Denton, Texas in, over and across those certain tracts or parcels of land containing approximately 0 203 acre and 0 134 acre, respectively as more particularly described in Exhibits "C" and "E" attached hereto and made a part hereof by reference (the "Slope Easements") and as depicted on Exhibits "D" and "F", attached hereto and made a part hereof by reference, to construct, reconstruct, install, repair and perpetually maintain a slope grade within the easements between the Right -of -Way Property and Owner's remaining property The Right -of -Way Property and Slope Easements are hereinafter collectively called the "Property" SECTION 2 The City Council finds that $67,874 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 for street, drainage, utility and related purposes in the Right of Way Property and easement interests as described above in the Slope Easements, such title and interest being in the name of the City of Denton, Texas SECTION 4 If it should be subsequently determined that additional parties other than those named herein have an interest in the 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 5 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 02 f-4w , 2001 Z(X, t�v�.ei At4— EULINE BROCK, MAYOR ATTEST BJ WALT CITY SECRETARY APPMVED AS TO L AL FORM HERBERT CITY ATTORNEY Page 2 5 \Our ovevmmuW kmmuwl W e11NN Condmivvlim O,tlmmve Ca Exhibit "A" 31717 11/28/2000 TRACT 3B HALLFORD ALL THAT CERTAIN TRACTOR PARCEL OF LAND LYING AND BEING SITUATLD IN TI IL D LAMBERT SURVEY ABSTRACT NUMBER 784 CITY OF DENTON, DENTON COUNT) I EXAS SLING PART OF LOT I, BLOCK A LOMBARD ADDITION, AN ADDITION TO THE CITY OF DLNTON AS SHOWN BY THE PLAT THLRcor RECORDED IN CABINET I COUNTY, TEXAS, AND BEING MORE PARTICULARLY IAGE 182 PLAT ORDS DENTON ARTIICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A'h INCH IRON PIN FOUND ATTHE SOUTHWEST CORNER Of SAID LO F I ON THE EAST RIGHT OF -WAY LINE OF MAYHILL ROAD (A 120 O BEING THE NORTHWEST CORNER OFA TRACT DESCRI LDTRIGHT O INA DEED TO ROY H D ISO LI ORD RECORDED UNDER COUNTY CLERK S FILE NUMBER 93 R0073462 REAL PROPERTY RECORDS DENTON COUNTY, TEXAS, THENCE NORTII 00 DEGREES 55 MINUTES 40 SECONDS EAST WITH THE WEST LINE OF SAID LOT I PAND THE IN WITH A YELLST INE OWOF SAID PLASTIICRCAPi STOAMPED H&NI 1849 NATCE OF 427 89 FEET TO A THE POINT OF BEGINNING IOFCrHERON HEREIN DESCRIBED TRACT, SAID POINT OF BEGINNING BEING SOUTH 46 DEGRLCS 03 MINUTES 52 SECONDS WEST 993 12 FEET FROM A RAILROD SPIKE FOUND IN TIIL MIDDLE 01 NIA) HILL ROAD AT THE SOUTHEAST CORNER OF THE D HOUGH SUREY ABSTRACT 696 WIIICI I IS TIII NORTHEAST CORNER OF I HL D LAMBERI SURVEY ABSTRACF 784 ONIIILWLSI LINLOI IIIL GIDEON WALKER SURVEY ABSTRACT 1330 THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST WITH THE WEST LINL 01 SAID LO F I AND THE EAST LINE OF SAID RIGHT OF WAY, A DISTANCE OP 80 00 FELT 10 A SE11/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED Il&N 1849 THENCE SOUTH 89 DEGREES 00 MINUTES 57 SECONDS LAST A DISTANCE Of 197 81 1 LET 10 A SLT 1/2 INCH IRON! PIN WITH A YELLOW PLASTIC CAP STAMPLD II&N 1849 AT Ti IE BLGINNINO 01 A CURVE TO T�E LEFT, THENCE AROUND SAID CURVE TO THE LEFT HAVING A CENTRAL ANGLL 01 11 DLGRLES 25 NtINUTES 54,SECONDS, A RADIUS OF 460 00 FEET AN ARC LLNGTH OF 91 78 1 ELF AND A CIIORD WHICH BEAMS NORTH 85 DEGREES 16 MINUTES 06 SECONDS CAST' A DISI ANCL OI 91 63 FLIT TO A SET 12 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED II&N 18490N TI IE W'LST RIGI II OF -WAY LIVE OF THE OLD M K & T RAILROAD RIGHT-OF-WAY AT THL BEGINNING Of A CURVE TO THE RIGHT, THENCE WITH SAID RIGHT OF WAY AROUND SAID CURVE TO THE RIGI IT I IAN ING A CLN FILL ANGLE OF a 82 08 FEET AND A CHORD W UCH BEARS SOUTH 24 DEGREES LENGTH OF 27 MINUTLS 33 SECONDS LAST DISTANCE OF 82 08 FEET, TO A SET I2 INCH IRON PIN WITII A YELLOW PLASTIC CAP STANIPLD H&N 1849 AT THC BEGINNING OF A CURVE TO THE RIGHT TI ILNCE AROUND SAID CURVE TO I IIL RIGI IT IIAVING A CLNI RAI ANGLL 01 13 DI GRLLS MINUTLS 27 SLCONDS A RADIUS OF 540 00 1 LLI AN ARC LLNG FH OI 127 62 11 L F AND A Cl IORD W HICH BEARS SOUTH 84 DEGREES 12 MINUTES 49 SECONDS W LS I A LIS FANCL 01 127 32 1 LC F TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STANIPLD I I&N 1819 TI IENCE NORTH 89 DEGREES 00 MINUTLS 57 SECONS VLST A LDIST AND NCL OF 197 7'i 1 LL I TO I I IL POINT OF BEGINNING AND CONTAINING IN A�Y d ,k c i i�H GAIiYNN HPN )LIT ` 100 1 G49 Z ,, rI /-17 j/G�`l 1.) Exhibit "B" MAYHILL ROAD ��1, OF r� "I Y W HAht ICT% 0 1f}40r- C\ r 851 BULGING LINE, CABINET I 90 mr0 yi N _m A O a �0m >0 ^'n rn n � NOD o m C0 Om Z� N� v_ Z "m n :-A Z 0 G 'J L 9m R co , P. -/, Z� :N-� n N o\0 z� \d'6 y�0 odo�� u m - — r rrl r R HAMMETT & NASH, INC ENGINEERS & SURVEYORS 223 W HICKORY, DENTON TEXAS 76201 940-387-0506 to. 940-565-0436 h.TI..Sh®armor net DWN Spq JCKU 1SUALII 1 "= 40' DATE 11 1/00 J011 NO 31717 31717 1IRS/2000 REV 01/04/2001 Exhibit "C" SLOPE EASEMENT 8 HALLFORD ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SI IUATED IN THE D LAMBERT SURVEY, ABSTRACT NUMBER 784, CITY OF DENTON, OIS PART OF LOT 1, BLOCK A LO I ARD ADDITION AN ADDITION TO I ICCITYY OFDLNTONABLING SHOWN BY THE PLAT YTEXAS. AND BEING MORE PARTIICULARLY DESCRIBED HEREOF RECORDED IN CAINET 1. PAGE I 32 PLAT RECORDS DENTO\ AS FOLLOWS COMMENCIING AT A Y. INCH IRON PIN FOUND ATTHL SOUTHWEST CORNER OF SAID LOT I ON THE EAST RIGHT-OF-WAY LINE OF Iv1AYHILL ROAD (A 120 FOOT RIGHT -OF WAY) SAID PIN ALSO BEING THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO ROY HALLFORD RECORDED UNDER COUNTY CLERK'S FILE NUMBER 93 R0073462 REAL PROPERTY RECORDS DENTON COUNTY, I EXAS, THENCE NORTH 00 DEGRELS 55 MINUTES 40 SECONDS EAST WITH I IIL WEST LINE OF SAID L0l I AND THE AST LINE OF SAID RIGHT ODISTANCE ON PIN WITH AYELLOW PLASTIC STAMPLD H&N 1849 AT TT14E POINT OF BEGINNING OF THE SHEREIN DESCRIBED TRACT, SAID ECONDS POINT OBEINGr BEGINNING WEST 938 0 FEET FROM ARAILROD SPIAL FOUND N D SOUTH M DDLEDEGREES OF MAYHI LL ROAD4 AT THE SOUTHEAST CORNER OF THE D HOUGH SUREY ABSTRACT 696 WHICH IS THE NORTHEAST CORNER OF THE D LAMBLRT SURVEY ABSTRACT 784 ON THE WEST LINE OF TI IL GIDEON WALAER SURVEY ABSTRACT 1330, THENCE A OL OH 2O 13 FELT, IO A SLT/2 N00 CI IRON PI IN WI I1I AY1R% LLLOPLAS FCTHE wEsr EOPSS FIDiOL) DISTANC HSN 1849, THENCE NORTH 83 DEGREES 37 MINUTES 14 SLCONDS CAST A DISTANCE OF 141 78 1 LEI TO A SLT 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP S TAMPLD IISN 1849 %I INCH I4ENCERON PIN OUTH 8 E WITH A YELLOW CAP STAMPED II&N 1849 A FT IE BLG NNING OF , A CUW, L TO THE RIGHT, THENCE WITH SAID RIGHT -OF WAY AROUND SAID CURVE TOIHE RIGHT HAVING A CENTRAL ANGI L OF 00 DEGREES 46 MINUTES 28 SECONDS A RADIUS OF 185924 Fur AN ARC LENGTI I OP 25 13 FEET, AND A CHORD WHICH BEARS SOUTH 26 DLGRLLS 06 MINUI ES 40 SLCONDS LAS I A DISTANCE OF 2513 FEET TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASI IC CAI' STAMP[ D HSN 1849 AT THE BEGINNING OF A CURVE TO THE LEFT THENCE AROUND SAID CURVE TOTHE LEFT [HAVING A CENTRAI ANGLL OF I I DLGRELS _l MINUTES 54 SECONDS A RADIUS OF 460 00 FEET AN ARC LENGTH OF 91 78 FLLT AND A CHORD WHICH PEARS SOUTH 85 DEGREES 16 MINUTES 06 SECONDS WEST A DISI ANCL OF 91 63 FLL I TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP SFAMPED HSN 1849 THENCE NORTH 89 DEGREES 00 MINUTES 57 SECONDS WEST A DISI ANCE 01 197 81 1 LL I fU THL PONT OF BEGINNING AND CONTAINING IN ALL 0 203 ACRL 01 LAND GAIT W IIA.Y' _TI r i t,u 10413 X77/.z um/ �4 S U L" / K, ,ao:K% �'^ I Exhibit "D" ^rr- Z om w'o a mo tp z Zp Dm Rl MAYHILL ROAD'. z Z iy N O 85 BUILGING LINE CABINET I PAGE 182 Lo m0 a r mo rl O0 Oy m 9-,a 9bl7 Nm z_ ooA-0 A6) noo m-• ZNG O. nR1 "_° 0 9 D o mm ym, m �1 0m >/� n > m I 2~ o r V/ 0 9 m 6V Z U m Rbn m dui n r M N CID O1O m Z� d� L W :2 Z Z <-OF rE �<z � oco G Q 4 G C rYW HAM11HtTTs � ESG� y0 n9v nn z BUPJ� U7 �A / -mD 0 m �z HAMMETT & NASH, INC ENGINEERS & SURVEYORS 223 W HICKORY DENTON TEXAS 76201 cc�9<0-387-0506 lax 940-565-0436 �aminasn®o rmai ncl DWN SpA ICKO SCALE 1 " = $0 DATE p 1 �03�01 JOB NO 31717 31717 11/29/2000 Exhibit "E" SI 0111 1 AY MI N 1 ') I IAI 11 010U ALL THAT CERTAIN I RACT OR PARCEL OF LAND LYING AND BEING SITUA 1 LU IN I I IL D LAMBERT SURVEY ABSTRACT NUMBER 784, CITY OF DLNTON DLNTON COUNTY l L\AS BLIND PART OF LOT I BLOCK A LOMBARD ADDITION, AN ADDITION TO THE CITY OF DLNTON AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET 1, PAGE 181, PLAT RECORDS ULN FON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT A'h INCH IRON PIN FOUND AT THE SOUTHWEST CORNER OF SAID LOT I ON TI IL EAST BEING HE NOR RIGHT-OF-WAY CORNER OF O A TRACf DESCRIBED AD (A 120 TI INTO DEED GH r-Ol WAY), SAID PIN Al SO D ROY IALLFORD RECORDED UNDLR COUNIY CLERK S FILL NUMBER 93 R0073462 REAL PIIOPLR FY RI CORDS DLNTON COUNTY TEXAS, THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST R I I FI THE WEST LINL OF SAID LOT I AND THE EAST LINE OF SAID RIGHT PIN WITH A YELLOW PLASTIC CODISTANCE E A SET N,2 INCH I RON AP STAhN H°ED H 18 9, AT THE POINT OF BEINNI G 01 111 HEREIN DESCRIBED TRACT SAID POINT OF BEGINNING BEING SOUTH 45 DEGREES 49 M1I114LII LS 29 SLCONDS WEST 997 29 FEET FROM A RAILROD SPIKE FOUND IN TI IL MIDDLL OF NIA3111 LL ROAD AT TI IE SOUTHEAST CORNER OF THE D HOUGH SUREY ABSTRACT 696 WI IICI I IS TI IC NORTH CAST CORNLR OF THE D LAMBERT SURVEY ABSTRACT 784 ON TIIL WEST LINL OI TI IL GIDEON WALKER SURVEY ABSTRACT 1330, THENCE NORTH 00 DLGRECS 55 MINUTES 40 SECONDS CAST W ITH THE WEST LINL OF SAID LOT I A DISTANCE OFS 89 FEET, TO A SCTI/2 INCH IRON PIN WITH A YELLOW PLASH IC CAP S I AMPLD H&N 1849 THENCE SOUTH 89 1 2 INCH IRON PIN WITH DEGREES YMINUTES 00 ELLOW PLASTIC CAP STAMPED H&N 1849 AT TI IL BEGINNING 01 A LT CURVE TO THE LEFT, THENCE WITH SAID RIGHT -OF WAY, AROUND SAID CURVE TO THE LEFT I [A, ING A CENTRAI ANGLE OF Id DEGREES 32 MINUTLS 27 SECONDS A RADIUS OF 540 00 FEET AN ARC LLNGTI I OF 127 62 FEET AND A CHORD WHICH BEARS NORTH 84 DEGRLES 12 MINUTES 49 SECONDS LAS F A DISTANCE OF 127 32 FEET, TO A SET 1/2 INCH IRON PIN WITII A YELLOW PLAS I1C CAP SI AMPLD H&N 1849 ATTHE BEGINNING OF A CURVE TO THE RIGHT THENCE AROUND SAID CURVE TO TI IE RIGHT HAVING A CLNTRAL ANGLE OF 00 DEGREES 30 MINUTES 51 SECONDS, A RADIUS OP 1859 24 FEET AN ARC LLNGTI (OF 16 63 FLLT AND A Cl IORD WHICH BEARS SOUTH 22 DEGREES 56 MINUTES 14 SECONDS CAST A DISTANCE 01 16 68 I LEI 10 A SET I/21NCH IRON PIN WITI I A YELLOW PLASTIC CAP STAMPED H&N 1849 THLNCE SOUTH 76 DEGREES 44 MINUTES 43 SLCONDS WLST A DISI ANCL 01 109 52 11 Ll TO A 1 2 INCII IRON PIN SET WITH YELLOW CAP STAMPED II&N 1849 THENCE NORTH 83 DEGREES 36 MINUTES 21 SECONDS WFST A DISTANCE OF 225 77 FEL f 1011IL POINT Of BLGINNING AND CONTAINING IN ALL 0 134 ACRL OF LAND Or I LesttAe qsk t � At.1HI�T1� iYNH ? / 18 r Exhibit 'IF" MAYHILL ROAD 9 Z tI N85 BUILGING LINE CABINET I PACE 182 r I A r o m 4T am C) rrl i Era O Ay�N9 D �m O r S v�y� a�m r1 ooA�o oNG O v F > Sao r m � Imo n < o _o I �\0 0�j t �d Z Z o n � 9 r�, $ gym° a d olio zp nA �y JO '% 1// iOz HAM TT & NASH, INC ENGINEERS & SURVEYORS 223 W HICKORY, DENTON TEXAS 76201 CWP940-387-0506 W. 940-565-0436 Iwminosn®mrmo I nel r- r 0 m m D w m m Z SPA CKD SCALE 1 " = $0 DATE p 1 �03�01 JOB NO 31 717