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HomeMy WebLinkAbout2000-196\\CH-LGL\VOLI\shared\dept\LGL\Our Documents\Ordmances\00\C1yde Martin Condemnation Ordinance doe AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 360 ACRE OR 15,695 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 B B B & C R R SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY TEXAS OR 2910 SQUARE AN FOOT PTUBLIC UTILITY EASEMENR 1982 QT IN THE NAMEF THE CIOT AND 0 0668 TY OF DENTON, TEXAS BEING LOCATED IN 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 BLMUFDQTHE OP NECESSARY FOR THE PUICPRPSE OCONSTRUCTING STREETIMPROVEMENTS FORU S HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE (PARCEL 33D) 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 Clyde Milton 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 0 360 acre or 15,695 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 those certain tracts or parcels of land containing approximately 0 0455 acre or 1982 square foot and 0 0668 acre or 2910 square foot 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") The Right -of -Way Property and Utility 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 SE TI�ON 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 and a utility easement in the name of the City of Denton, Texas in the Utility Easement property The cost and expense of such acquisition shall be paid by the City of Denton STION 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 TIC ON J This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the & day of 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPR ',VED AS O LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY FVA Page 2 \\CH IAL\VOLIUhuW`QW\�LWur Ooaumml,`AN�o,mw\40\CIyE<Mmin. CauAmmulbn ONineunEor EXHIBIT 'A' County Denton Parcel 330 Highway U,S 77 Project Limits CSJ 0195-02- Account From LL4 35 To U,S 380 LEGAL LAND DESCRIPTION FOR PARCEL 33 Page 1 of 2 D-15- October, 1996 BEING A 0 360 ACRE PARCEL OF LAND SITUATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186 IN DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 1 559 ACRETRACT OF LAND CONVEYED TO JERRY RAY MARTIN BY F DENTON (DRDCT) INSTRUMENT I N FILE NUMBER 96-ROOS2281, OF THE E TRACT BEING MORE PARTICULARLY DESCRIBEDED BY O COUNTY. BYMETES A DBOUNDS TEXAS SAID 0 360 ACRES FOLLOWS COMMENCING for reference at a 1/2-Inch iron rod found at the most northerly southwest comer of said Jerry Ray Martin tract, same being the southeast comer of a called 1 559 acre tract conveyed to Tex Morgan Martin by instrument of record In Volume 3178, page 898 DRDCT, THENCE N 010 03' 34, E, along the common line between said Tex Morgan Martin tract and said Jerry Ray Martin tract, iron rod with an num sk marked Texas Department of (TXDOT) forthe POINT OF BEGINNING hsaid point being onlthe iiTransportation now southwesterly right of -way line of U S. Highway 77, ne, a distance of 63 11 feet to a 1/2-Inch iron (1) rodE oNCE und at he northwest comer said Jerry Ray Martn talong said common iract, same being in the existing southw steely right-of-way line of U S Highway 77, Ray Martin tract and along (2) line, a distance of 290 so feet ota 1/2-inch ciron rod fouhe northerly line of nd four the northeast comeri of sad Jerryrry Pay Martin tract, same being the northwest comer of a called 1 559 acre tract conveyed to R D Martin as evidenced by deed recorded in Volume 3178, page 886 DRDCT, (3) THENCE S 010 34' 17' W, along the common line between said Jerry Ray Martin tract and said R D Martin tract, a distance of 63 i6 feet to a set 5/8-inch iron rod with an aluminum disk marked TXDOT for the new southwesterly right-of-way line of U S Highway 77, (4) THENCE N 58. 11' 37-W, along the new southwesterly right-of-way line of US Highway 77, a distance of 145 38 feet to a set 5/8-Inch iron rod with an aluminum disk marked TXDOT in the common line between said Jerry Ray Martin tract and a called 4 acre tract conveyed to Joe W Sherrill and Mary LaJean Sherrill by instrument of record In Volume 605, page 464 DRDCT, THENCE along said common, line the follovnng 2 courses and distances, (5) N 010 36' 32' E, a distance of 11 79 feet to a fence comer at the northeast comer of said 4 acre tract, (6) N 880 52' 38' W, a distance of 19 96 feet to a set 5/8-inch iron rod with an aluminum disk marked TXDOT in the new southwesterly nght-of-way line of U S Highway 77, o-2M EXHIBIT •A' County Denton Parcel 330 Highway US 77 Project Umits From LH 35 To U S. 380 CSJ 10 95-02- Account, Page 2 of 2 D-15- October, 1996 (7) THENCE N 58° 11' 37" W, along the new southwesterly right-of-way line of U S Highway 77, a distance of 12186 feet to the POINT OF BEGINNING, and containing 0 360 acre, 15,695 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 OCTOBER, 1996 ESPEY HUSTON & ASSOCIATES, INC J/L �� -/,/ G Dennis Qualls, R P L Texas Registration No 4276 Date 0M EXHIBIT "A" FIELD NOTES TRACT I BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO JERRY RAY MARTIN RECORDED IN FILE NUMBER 95-R0052281, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS (RPRDCT), AND BEING SITUATED IN THE B B B.6C.R.R. SURVEY, ABSTRACT NO 186, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at the most northern southwest corner of said Jerry Ray Martin tract, same being the southeast corner of a tract conveyed to Tex Morgan Martin, recorded in Volume 3178, Page 898 of the RPRDCT; THENCE N O10 03, 34" E, along the line common to said Martin tract and said Tex Morgan Martin tract, a distance of 61 98 feet to the POINT OF BEGINNING, said point being in the new south right of way line of U S 77, THENCE S 580 11' 37" E, along the new south right of way line of U S 77, a distance of 121.86 feet to a point for a corner in the lane common to said Jerry Ray Martin tract and a tract conveyed to Joe W Sherrill, recorded in Volume 605, Page 464, deed Records Denton County Texas, THENCE N 880 52' 38" W, along a lane common to said Tex Morgan Martin tract and said Sherrill, a distance of 39 19 feet to a point for a corner, being 20 feet south of and perpendicular to the new south right of way line of U S 77, THENCE N 580 11' 37" W, 20 feet south of and parallel to the new south right of way line of U S. 77, a distance 76 26 feet to a point for a corner in the line common to said Jerry Ray Martin and Said Tex Morgan Martin, THENCE N O10 03' 34" E, along the lane common to said Jerry Ray Martin tract and to said Tex Morgan Martin tract, a distance of 23 27 feet to the POINT OF BEGINNING, and containing 0 0455 acres of land, more or less TRACTII Beginning at a point in the new south right of way line of U.S. 77 and in the line common to said Jerry Ray Martin tract and the tract conveyed to Joe W Sherrill, recorded in Volume 605, Page 464, deed Records Denton County Texas, THENCE S 58° 11' 37" E, along the new south right of way line of U S 77, a distance of 145.38 feet to a point for a corner in the line common to said Jerry Ray Martin tract and a tract conveyed to R D Martin, recorded in Volume 3178, Page 886, RPRDCT; THENCE N O10 34' 17" E, along the line common to said Jerry Ray Martin tract and the said R.D. Martin tract, a distance of 23 15 feet to a point for a corner, said point being 20 feet south of and perpendicular to the new south right of way line of U S 77; THENCE N 580 111 37" W, 20 feet south of and parallel to the new south right of way line of U S 77, a distance 145 40 feet to a point for a corner in the line common to said Jerry Ray Martin and Said Sherrill; THENCE N 010 36' 32" E, along said line common, a distance of 23 14 feet to the POINT OF BEGINNING, and containing 0 0668 acres of land, more or less.