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Home My WebLink About2000-197\\CH LGL\VOLI\shared\dept\LGL\Our Documents\OrdmaacesU\R D Martin Condemnation Ordinance doe ORDINANCE NO"--O -1 1 I AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 272 ACRE OR 11,832 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 AND AN APPROXIMATE 0 0993 ACRE OR 4,051 SQUARE FOOT PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY 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 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 33F) 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 R D Martin (the "Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECT J-N L 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 0 272 acre or 11,832 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 0993 acre or 4,051 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") 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 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 and a utility easement to 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 5F TIC ON 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 SSECTION 5. This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the (4e--_ day of , 2000 w� EULINE BROCK, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY 1-0-1•4 ?R6VED AS TO LEGAL FORM m Page 2 P WUNde%VAL\ou,owummYWNlPvicMaMRo Morin UmM wionorftmtO County Denton Parcel 33F Highway US 77 Project Limits CSJ: 0195-02- Account EXHIBIT W From I.H 35 To U.S 38 LEGAL LAND DESCRIPTION FOR PARCEL 33F Page 1 of 2 D-15- October, 19% BEING A 0 272 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 ACRE TRACT OF LAND CONVEYED TO R D. MARTIN BY INSTRUMENT OF RECORD IN VOLUME 3178, PAGE 886, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT) SAID 0 272 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCING for reference at a 1/2-Inch iron rod found at the southeast comer of said R D Martin tract, same being the southwest comer of a called 1 559 acre tract conveyed to Jerry Ray Martin and Queva E Martin (Queva Martin tract) by Instrument of record in Volume 3178, page 918 DRDCT, THENCE N 01° 34' 17' E, along the common line between said R D Martin tract and said Queva Martin tract, a distance of 254 21 feet to a set 5/8-inch von rod with an aluminum disk marked Texas Department of Transportation (TXDOT) for the POINT OF BEGINNING, said point being on the new southwesterly right-of-way line of U S Highway 77, (1) THENCE N 580 11' 3T W, along the new southwesterly right of way line of U S Highway 77, a distance of 21636 feet to a set 5/84nch iron rod with an aluminum disk marked TXDOT in the common line between said R D Martin tract and a called 1 559 acre tract conveyed to Jerry Ray Martin by Instrument of record in File Number 95-R0052281 DRDCT, (2) THENCE N 01° 34' 17- E, along said common line, a distance of 6316 feet to a 1/2-Inch iron rod found for the northwest comer of said R D Martin tract, the same being in the existing southwesterly right-of-way line of U S Highway 77, (3) THENCE S 58° 15' 322 E, along the northerly line of said R D Martin tract and the existing southwesterly right-of-way line of said U S Highway 77, a distance of 216 21 feet to a 1/2-Inch Iron rod found at the northeast comer of said R D Martin tract, same being the northwest comer of said Queva Martin tract O."N County Denton Parcel 33F Highway U S, 77 Project Umfts, CSJ 0195-02- Account From LH 35 To U,S 380 EXHIBIT W Page 2 of 2 D-15- October, 1996 (4) THENCE S 01° 34' 17' W, along said common line, a distance of 63 44 feet to the POINT OF BEGINNING and containing 0 272 acre, 11,832 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 G Dennis ualls, R P L Texas Registration No 4276 Date P� EXHIBIT "A" FIELD NOTES BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO R D MARTIN RECORDED IN VOLUME 3178, PAGE 886, REAL PROPERTY RECORDSIOF 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 BEGINNING at a point in the new south right of way line of U S 77 and the line common to said R D Martin tract (west line) and a tract conveyed to Jerry Ray Martin, recorded in Volume 3178, Page 918 of the RPRDCT; THENCE S 580 11' 37" E, along the new south right of way line of U S 77, a distance of 265 35 feet to a point for a corner in the line common to said R. D. Martin tract (east line) and the tract conveyed to Jerry Ray Martin (west line), by instrument of record in File Number 95-R0052281, RPRDCT, THENCE S 010 34' 17" W, along a line common to said R D Martin tract and said Jerry Ray Martin, a distance of 23 15 feet to a point for a corner, THENCEIN 580 ill 37" W, 20 feet south of and perpendicular to the new south right of way line of U S 77, a distance 216 35 feet to a point on the line common to said R D Martin tract (west line) and the said Jerry Ray Martin tract (east line), THENCE N O10 03' 34" E, along the line common to said R D Martin tract and said Jerry Ray Martin tract, a distance of 23 15 feet to the POINT OF BEGINNING, and containing 0 0993 acres of land, more or less