HomeMy WebLinkAbout2000-199\\CH LGL\VOLI\Bhared\dept\LGL\Our Documents\OrdmanceAMUmque Intema Condemnation Ordinance doc
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0 010 ACRE OR 452 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,
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
ATTORNEYREFUSED, AUTHORIZING THE CITY
HE NECESSARY
PROCE DINGS IN ONDEMNATIONIN ORDT INT
ERTO ACQUIRE THE PROPERTY
NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET
IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE
(PARCEL 37)
WHEREAS, it is hereby determined that a public necessity exists and that public welfare
and convenience hereby require the acquisition of 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 the hereinafter described land for the for U S Highway 77 and that the City of
Denton should acquire said property necessary for said purpose at the City's cost and expense,
and
WHEREAS, the hereinafter described property is believed to be owned by Unique
International, LTD (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 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 0 010 acre or 452 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 "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 inthe 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 Property, with such fee simple title vesting in the State of Texas,
acting by and through the Texas Transportation Commission 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 said property, then in that event, the City Attorney or his
designee is authorized and directed to loin 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 C P'► ` day of 2000
& Aock—
EULINE BROCK,MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY rdim
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
M
Page 2
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EXHIBIT 'A'
County Denton
Highway U.S. 77
Project Limits. From
To
CSJ 019"2-
Account
FIELD NOTES FOR PARCEL ,1Z
Page 1 of 1
Rev. October 27, 1994
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO BILL McCLELLAN, TRUSTEE,
RECORDED IN VOLUME 2899, PAGE 69, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), SAME BEING
OUT OF BLOCK 2, LOT 18 OF THE SNIDER ADDITION, SECTION ONE, RECORDED IN CABINET D, PAGE 113,
MAP RECORDS OF DENTON COUNTY, TEXAS (MRDCT), AND BEING SITUATED IN 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 for reference at a found 1/2-Inch iron rod for the northeast corner of said Lot 18 and the southeast
corner of Lot 17, Block 2 of said Snyder Addition, some being a point in the existing west right of way line of
Windsor Drive (a 80-foot right of way) and said point being in a non -tangent circular curve to the right having a
radius of 510 83 feet;
THENCE along the east property line of said Lot 18 and along said curve to the right through a delta angle
of 050 11' 09", an arc distance of 46.23 feet, and having a chord which bears S 310 16' 49" W, a distance of
46 22 feet to a set 6/8-inch rod for the POINT OF BEGINNING, being in the new north right of way line of
U.S 77, and being in a non -tangent circular curve to the right having a radius of 510.83 feet,
(1) THENCE continuing southwesterly, along the east line of said McClellan tract and along said curve
to the right through a delta angle of 020 46' 350, an arc distance of 24.75 feet, and having a
chord which bears S 350 06' 06' W, a distance of 24 75 feet to a point for the southeast comer
of said Lot 18, same being a point on the existing north right of way line of U S 77;
12) THENCE N 680 09' 24' W, along a One common to said McClellan tract and said existing north
right of way line of U.S 77, a distance of 84 70 feet to a set 5/8-Inch Iron rod with an aluminum
cap, said point being on the new north right of way line of U.S 77, and being in a non -tangent
circular curve to the left having a radius of 3759 72 feet,
(3) THENCE southeasterly, along the new north right of way line of U S 77, and along said curve to
the left, through a delta angle of 000 58' 25", an arc distance of 63.89 feet, and having a chord
which bears S 620 14' 30% E, a distance of 63.89 feet to a set 5/8-inch iron rod with an
aluminum cap,
(4) THENCE N 790 49' 43' E, with the new north right of way line of U S 77, a distance of 30 12
feet to the POINT OF BEGINNING, and containing 0 010 acre, or 452 square feet of land, more
or less
John F. Wilder, R.P.L S
Texas No 4285
Date
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