HomeMy WebLinkAbout2000-198\\CH LOL\VOLIWereSdapNALWv,00evweme\Oedbeuaw\W\C M'MU -' Contlemnnwn Ordlnwea Cac
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0 267 ACRE OR 11,629 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 IN THE CITY OF DENTON, DENTON COUNTY TEXAS
AND AN APPROXIMATE 0 0994 ACRE OR 4,33178 SQUARE FOOT PUBLIC UTILITY
EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN
THE THOMAS TOBY SURVEY, ABSTRACT NO 1288 IN THE CITY OF DENTON,
DENTON COUNTY TEXAS AND AN APPROXIMATE 0 332 ACRE OR 14,446 SQUARE
FOOT 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 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 33A, 33AE)
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 Carolyn S,
McKinzie (the "Owner"), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SgfTION 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 0 267 acre or 11,629 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'),
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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 0 332 acre or 14,446 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"), and
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 0994 acre 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"
5E.TIC ON 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
TICS 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, a utility easement
in the name of the City of Denton, Texas in the Utility Easement property and a drainage
easement's m 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 &- day of 2000
&X- `&CAL
EULINE BROCK, MAYOR
Page 2 of 3
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ATTEST
7ENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
Page 3 of 3
County Denton
Parcel 33A
Highway U,S 77
Project Limits
CSJ 0195-02-
Account
EXHIBIT 'A•
From I H 35
To us 380
LEGAL LAND DESCRIPTION FOR PARCEL 33A
Page 1 of 2
D-15-
October, 1996
BEING A 0 267 ACRE PARCEL OF LAND SITUATED IN THE THOMAS TOCISY SURVEY, ABSTRACT NO 1288, IN
DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 1 559 ACRE TRACT OF LAND CONVEYED TO JESSIE
M NBY INSTRUMENT
RECORD
ACRE TRACT BEING MOREPAGE
PARTICULARLY DESCRIBED BY METES AND
COUUNTYTY,, TEXAS (DRDCT). SAID 0 267
BOUNDS AS FOLLOWS
COMMENCING for reference at the southeast comer ofthe Jessie M Annear called 1 559 acre tract, from which a 1/2 inch
iron rod found bears S 000 19' 27- W, a distance of 113 feet,
with
ch
an aluminum disk marked Texas Department of Transportation (TXDOT) for the POINT OF BEGINNING, nsaidrpon� a nl g
on the new southwesterly right-of-way line of U.S Highway 77;
(1) THENCE N 58° 11' 3T W, along the new southwesterly right-of-way line of U S Highway 77, a distance
between8saidtJ Jessie M SAnnear trron rod with an ract and that certain Tracaluminum1 conveyed disk e o DavdTA In
l
to a set ne
Coggin, Trustee by
Instrument of record in Volume 2614, page 845 DRDCT,
(2) THENCE N 010 05' 410 E, along said common line, a distance of 62 31 feet to a 1/2-Inch Iron rod found
for the northwest comer of said Jessie M Annear tract, the same being in the existing southwesterly right-
of-way line of U S Highway 77,
exis
e northerly line of said Jessie M
r tract and the
(3) THENCE 8 southwesterly line of along ife
ing
said U S Highway 77, a distance of 216 39
set to 112-inch iron t
e'rod
found at the northeasterly comer of said Jessie M Annear tract, the same being the northwest comer of
a called 1 559 acre tract conveyed to Tex Morgan Martin as evidenced by deed recorded In Volume 3178,
page 898 DRDCT,
l
County 9LIPM
Parcel 33A
Highway US
Project Umds
CSJ 0 91 5_02_
Account
From I.H 35
To U S. 38
EXHIBIT OX
Page 2of2
D•15-
October, 1996
(4) BEGIINNING, and containing 0 267 acre, i11 629 square feet, mo a or less of land areat common line, a distance of 6262 feet withitPOINT n these mates
and bounds
A plat of even survey date herewith accompanies this description
SURVEYED ON THE GROUND
OCT0B4R, 1996
ESPEY HUSTON & ASSOCIATES, [NO
2z
-d—Den6is Qualls, R P
Texas Registration No 4276
Date
62=
Lytjj2331T 'A"
FIELD NOTES
BEING A PARCEL OF LAND SITUATED 1N A TRACT OF L;LND CON EyEZD TO
7ESSIE M A'NNEAR RECORDED IN yOI,t1Z, -, fir � CRLLCT) G r'Iv BEING
pROaERTY RECORDS OF DENTON COUNTY,
SITUATED IN THE THOMAS TOBY SURVEY ABSTRACT 140 7.288 CITY OT
DENTON„ DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
COrevaNCING at the southeast corner of said Annear tract, same
being the southwest corner of a tract cOnvevEd to Tax Morgan
Martin, recorded in Volume 3178, Page 898 Of the RPRDCT,
THENCE N 010 031 341' E, along the line common to said Annear and
said martin, a distance of 224 03 feet to the POINT OF
BEGINNING, said point being 20 feet south of and perpendicular
to the new south right of way lane of U S
7-1
IHENCE N 58` 11' 37" W, 20 feet south of and perpenaieular to the
new south right of way line of U S 77, a dzstanca 216 60 feet
to a point on the west line of said Annear tract, and the west
Nine of tract conveyed to David A Coggins, Trustee tract one
recorded in volume 2614, Page $45,
ISENCE N 01° 05' 41" E, along a line common_ to said Annear tract
and said Coggin tract one, a distance of 23 26 feet to a point
in :he new south right of way of U.S. 77,
THENCE S 580 11' 37'1 E, along the new south rignt of way line of
U S 77, a distance of 216.58 feat to a point in the east line
said Annear tract for a corner;
THENCE 5 Gl` 0s, 34r W, along the east line Of sa_c Annear, a
distance of 23 27 feet to the pOIjgT OF BEGINNING, and containing
0 0994 acres of land, more or less
EXHIBIT "A"
County Denton
Parcel 33AE
Highway US 77
Protect Limits
From 1 H 35
To U S 380
CSJ 0195-02-
Account
LEGAL LAND DESCRIPTION FOR PARCEL 33AE
Page 1 of 2
D-15-
December 1998
BEING A 0332 ACRE PARCEL OF LAND SITUATED IN THE THOMAS TOLBY SURVEY, ABSTRACT NO 1288 IN
DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 1 559 ACRE TRACT OF LAND CONVEYED TO ..'c
M ANNEAR BY INSTRUMENT OF RECORD IN VOLUME 3178, PAGE 910, OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS (DRDCT) SAID 0 332 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS
COMMENCING for refere,a a at the southeast comer of the Jessie M Annear called 1 559 acre tract from which a 12-incn
iron rod found bears S 00' 19' 27" W, a distance of 1 13 feet
THENCE N 01" 03' 34" E, along the east line of said Annear tract a distance of 216 46 feet to a set 5/84nch iron rod with an
aluminum disk marked Texas Department of Transportation (TXDOT) for the POINT OF BEGINNING,
(1) THENCE S 31" 41' 32" W, crossing a portion of said Jessie M Annear tract, a distance of 25177 feet to a
set 60d nail In a Sots d'arc tree, In the common line between said Jessie M Annear tract and that certain Lot
1, Block 1, Lake Cibes Addition, an addition to the City of Denton per plat recorded in Cabinet N, Page 320 of
the Plat Records of Denton County, Texas,
(2) THENCE N 88" 52' 38" W, along said common line, a distance of 58 07 feet to the southwest comer of said
Jessie M Annear tract, the same being in the northwest comer of said Lot 1, Block 1, Lake Cities Addition a
found Yrinch Iron rod,
(3) THENCE N 31" 41' 32" E, crossing a portion of said Jessie M Annear tract, a distance of 307 91 feet to a set
5/8-inch iron rod with an aluminum disk marked Taxes Department of Transportation for the new south right-
of-way line of said U S Highway 77,
of said
f 34 29 feet
(4) to THENCE et 5/84nch iron rod with an aluminum dsouth
kngmarked TexaseDepartmett Highway ransportation distance
othe astedy
line of said Jessie M Annear tract
(5) THENCE S 01. 03' 34' W, along the east" line of said Jessie M Annear tract, a distance of 30 84 feet to
the POINT OF BEGINNING, and containing 0 332 acre, 14,446 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
PBSBJ
B Glenn Crouch, R,P LS
Texas Registration No 5255
IIA129
Date
aGLENN CROUCH
.t a 52b5 Jr � oNol