HomeMy WebLinkAbout2000-195\\CH LGL\VOLT\shared\dept\LGL\Our Documents\Ordinances\00\Tex Martin Condemnation Ordinance doc
ORDINANCE NO C�D00-195
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0 451 ACRE 19,632 SQUARE FOOT TRACT OR PARCEL OF
LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF
THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION
COMMISSION AND SAID PROPERTY BEING LOCATED IN THE THOMAS TOBY
SURVEY, ABSTRACT NO 1288 AND THE B B B & C R R SURVEY, ABSTRACT NO
186 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND AN APPROXIMATE
0 1668 ACRE OR 7,267 6 SQUARE FEET PUBLIC UTILITY EASEMENT IN THE NAME
OF THE CITY OF DENTON, TEXAS BEING LOCATED IN THE THOMAS TOBY
SURVEY, ABSTRACT NO 1288 AND THE B B B & C R R SURVEY, ABSTRACT NO
186 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND AN APPROXIMATE
0 005 ACRE OR 208 SQUARE FEET DRAINAGE EASEMENT IN THE NAME OF THE
STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION
COMMISSION BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO
1288 AND THE B B B & C R R SURVEY, ABSTRACT NO 186 IN THE CITY OF
DENTON, 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 TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN
ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF
CONSTRUCTING STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND
DECLARING AN EFFECTIVE DATE (PARCEL 33B, 33BE)
WHEREAS, it is hereby determined that a public necessity exists and that public welfare
and convenience hereby require the acquisition of the real property title and interests as
hereinafter described for U S Highway 77, and
WHEREAS, the hereinafter described property is believed to be owned by Tex Morgan
Martin (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 State of Texas,
acting by and through the Texas Transportation Commission in that certain tract or parcel
of land containing approximately 0 451 acre or 19,632 square feet, 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"),
b a public utility easement in the name of the City of Denton, Texas in, over and across that
certain tract or parcel of land containing approximately 0 1668 acre or 7,267 6 square feet
as more particularly described in Exhibit "B", attached hereto and made a part hereof by
reference, to construct, reconstruct, install, repair and perpetually maintain public utility
facilities (the "Utility Easement")
a drainage easement in the name of the State of Texas, acting by and through the Texas
Transportation Commission in, over and across that certain tract or parcel of land
containing approximately 0 005 acre or 208 square feet as more particularly described in
Exhibit "C", attached hereto and made a part hereof by reference, to construct,
reconstruct, install, repair and perpetually maintain drainage facilities (the "Drainage
Easement")
The Right -of -Way Property, Utility Easement and Drainage Easement are hereinafter
collectively called the "Property"
SECTION 2 The City Manager or his designee is hereby authorized and directed to
make an offer for the Property to the owner of the Property, based on just compensation
recommended by an independent appraisal prepared at the City Manager's direction
SECTION 3• That 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 purposes in the Right of Way Property, with such fee simple title vesting in the
State of Texas, acting by and through the Texas Transportation Commission, a utility easement
in the name of the City of Denton, Texas in the Utility Easement property, and a drainage
easement in the name of the State of Texas, acting by and through the Texas Transportation
Commission in the Drainage Easement property The cost and expense of such acquisition shall
be paid by the City of Denton
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 _6�— day of 2000
EULINE BROCK, MAYOR
Page 2
\\CH WLW0LIW4cMWW1"LI urD mw%\ Wjn�Tc MMin CntlmYi,11on OMIR e6c
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APP OVED A TO LEGAL F R 4
HERB ERT ROUTY,CII ATTORNEY
BY
Page 3
\\g1IAL\VOLIWnedWW�UOw UttnnimuWNinuued�W\Tm MN�n Cou0oma11on ONLu�mdoc
County Denton
Parcel 33B
Highway US 77
Project Limits
CSJ 019 -0 -
Account
EXHIBIT 'A'
From I H. 35
To U,S 380
LEGAL LAND DESCRIPTION FOR PARCEL 3338
Page 1 of 2
D-15-
October, 1996
BEING A 0 451 ACRE PARCEL OF LAND SITUATED IN THE THOMAS TOLBY SURVEY, ABSTRACT NO 1288, AND THE
B B B & C R R. SURVEY, ABSTRACT NO 1861N DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 1 559
ACRE TRACT OF LAND CONVEYED TO TEX MORGAN MARTIN BY INSTRUMENT OF RECORD IN VOLUME 3178
PAGE 898, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT) SAID 0 461 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS
COMMENCING for reference at the southwest comer of the Tex Morgan Martin tract, the same being the southeast comer
of a called 1 559 acre tract conveyed to Jessie M Annear by instrument of record In Volume 3178, page 910 DRDCT, from
which a 1/2-inch iron rod found bears S 00. 19' 27' W, a distance of 1,13 feet,
THENCE N 01.03' 34' E, along the common line between said Tex Morgan Martin tract and said Jessie M. Annear tract,
a distance of 247,30 feet to a set 5/8-Inch iron rod with an aluminum disk marked Texas Department of Transportation
(TXDOT) for the POINT OF BEGINNING, said point being on the new southwesterly nght-of-way line of U S. Highway 77,
(1) THENCE N 01.03' 34' E, continuing along said common line, a distance of 62 62 feet to a 1/2-inch iron
rod found at the northwest comer of said Tex Morgan Martin tract, same being In the existing
southwesterly right-of-way line of U S Highway 77,
(2) THENCE S 58.15' 32' E, along the northerly line of said Tex Morgan Martin tract and along said nght-of-
way line, a distance of 36313 feet to a 1/2-inch Iron rod found for the northeast comer of said Tex
Morgan Martin tract, same being the northwest comer of a called 1 559 acre tract conveyed to Jerry Ray
Martin by Instrument of record in File Number 95-R0052281 DRDCT,
(3) THENCE S 01' 03' 34' W, along the common line between said Tex Morgan Martin tract and said Jerry
Ray Martin tract, a distance of 63 11 feet to a set 5/84nch iron rod with an aluminum disk marked TXDOT
for the new southwesterly right-of-way line of U S Highway 77,
oZ
County Denton
Parcel 33B
Highway U S• 77
Project Umds
CSJ. 019"2-
Account
From I H 35
To us 380
EXHIBIT W
(4) THENCE N 58" 11' 37- W, along the new southwesterly right-of-way line of U S
of 363.38 feet to the POINT OF BEGINNING, and containing 0 451 acre of land,
or less of land area within these metes and bounds.
A plat of even survey date herewith accompanies this description
SURVEYED ON THE GROUND
OCTOBER, 1996
ESPEY HUSTON & ASSOCIATES, INC
G Dennis Qualls, R P L.
Texas Registration No 4276
Page 2 of 2
D-15-
October, 1996
Highway 77, a distance
19,632 square feet, more
Date
o-�
EXHIBIT "B"
FIELD NOTES
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO
TEX MORGAN MARTIN RECORDED IN VOLUME 3178, PAGE 898, REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS (RPRDCT), AND BEING
SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 1288 AND THE
B.B.B.&C.R.R. SURVEY, ABSTRACT NO 186, CITY OF DENTON, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING at the southwest corner of said Martin tract, same
being the southeast corner of a tract conveyed to Jessie M
Annear, recorded in Volume 3178, Page 910 of the RPRDCT,
THENCE N O10 03' 34" E, along the line common to said Martin
tract (west line) and to said Annear tract (east line), a
distance of 247 30 feet to the POINT OF BEGINNING, said point
being in the new south right of way line of U S 77,
THENCE S 580 Ill 37" E, along the new south right of way line of
U S 77, a distance of 363.38 feet to a point for a corner in
the line common to said Tex Morgan Martin tract (east line) and
a tract conveyed to Jerry Ray Martin (west line), by instrument
of record in File Number 95-R0052281, RPRDCT,
THENCE S O10 03, 34" W, along the line common to said Tex Morgan
Martin tract and said Jerry Ray Martin, a distance of 23 27 feet
to a point for a corner,
THENCE N 580 Ill 37" W, 20 feet south of and perpendicular to the
new south right of way line of U S 77, a distance 363 38 feet
to a point for a corner on the line common to said Martin tract
(west line), and said Annear tract (east line),
THENCE S 010 03, 34" W, along the line common to said Martin
tract and to said Annear tract, a distance of 23 27 feet to the
POINT OF BEGINNING, and containing 0 1668 acres of land, more or
less
EXHIBIT "G"
County Denton
Parcel 33SE Page 1 of t
Highway US 77 D-15-
Project Limits From I H 35 December 1998
To U S 380
CSJ 0195-02-
Account
LEGAL LAND DESCRIPTION FOR PARCEL 33BE
BEING A 0 005 ACRE PARCEL OF LAIv0 SITUATED IN THE THOMAS TOLBY SURVEY, ABSTRACT NO 1288
ABSTRACT NO 186 IN DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 1 559 ACRE TRACT OF LAND
CONVEYED TO TEX MORGAN MARTIN BY INSTRUMENT OF RECORD IN VOLUME 3178, PAGE 898, OF THE DEED
RECORDS OF DENTON COUNTY, TEXAS (DRDCT) SAID 0 005 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY'METES AND BOUNDS AS FOLLOWS
COMMENCING for reference at the southwest comer of the Tex Morgan Martin tract, the same being the southeast comer of
a called 1 559 acre tract conveyed to Jessie M Annear by instrument of record in Volume 3178, page 910 DRDCT from
which a 1/2-inch iron rod found bears S 000 19'27" W, a distance of 1 13 feet,
THENCE N 01° 03' 34" E, along the common line between said Tex Morgan Martin tract and said Jessie M Annear tract a
distance of 216 46 feet to a set 5/8-inch iron rod with an aluminum disk marked Texas Department of Transportation (TXDOT)
for the POINT OF BEGINNING,
(1) THENCE N 010 03' 34" E, continuing along said common line a distance of 30 84 feet to a set 5/8-inch iron
rod with an aluminum disk marked Texas Department of Transportation in the new south right-of-way line of
U S Highway 77,
(2) THENCE S 58° 11' 3T' E, along said new night -of -way line, a distance of 15 71 feet to a set 5/8-inch iron rod
with an aluminum disk marked Texas Department of Transportation
(3) THENCE S 310 41' 32" W, crossing a portion of said Tex Morgan Martin tract, a distance of 26 50 feet to the
POINT OF BEGINNING, and containing 0 005 acre of land, 208 square feet, more or less of land area within
these metes and bounds
A plat of even survey date herewith accompanies this description
SURVEYED ON THE GROUND
DECEMBER, 1998
PBS&J
3
B Glenn Crouch, R P L.S
Texas Registration No 5255
�'�P• ��;� q Tq C B •GLENN•CAOUCH
NS ••
.. sd, 52..5 e:•.�,
Date /
D-34o4