HomeMy WebLinkAbout2000-398S \Our Docuo"I"MOrdmances\00\Sasso 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 0 144 ACRE OR 6,253 SQUARE FEET 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 N H MEISENHEIMER
SURVEY, ABSTRACT NO 810 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 16)
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 Mane
Elizabeth,Sasso ("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 0 144 acre or 6,253 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")
SSACTION 2 The City Manager or his designee is hereby authorized and directed to
make an i 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
SgCTION 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 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 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 174n day of 066kei , 2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
m
EULINE BROCK, MAYOR
Page 2
--Jv „ :Ta T O,JT RIGHT JF WAY .11320
County2fi t EXHIll
Highway U.s n
Project Limits From I H. 35
To U.S.
CSJ 019542
Account
FIELD NOTES FOR PARCEL 16
% 1 c
Page 1 of 1
Rev September 20.1999
BEING 0144 ACRES OF LAND SITUATED IN A CALLED 0 529 ACRE TRACT, CONVEYED TO MARIE ELIZABETH SASSO, RECORDED IN
VOLUME 2249, PAGE 600 DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE N H REC HEIM IN
SURVEY, ABSTRACT NO 810, CITY OF DENTON DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS
COMMENCING for reference at a found "'Inch inxn rod at the riortnsast comer of said Sasso tract and at the northwest comer of a tract of land
conveyed b Kenneth L Davidson and wife, Helen L David", recorded in Volume 584, page 326, DRDCT,
THENCE S 369 4V 49" W along the common property line of said Sasso and Davidson trade, a distance of 154 48 feet b a set 5/"ch iron rod
with an aluminum cap for the POINT OF BEGINNING, also being a point an The new north right of way kne of U S 77,
(1) THENCE S 350 42' 49" W, along a Ime common to add Sasso tract and said Davidson tract passing at 25 76 feet a 1/2-nch
Iron rod, in all a distance of 59 76 feat b a Pont being the Southeast comer of said Sasso tract, the southwest caner of said
Davidson tract, and sane being on theedsYng north right of way line of U S 77
(2) THENCE N 560 27" 30" W. along the emeirg north right of way line of U S 77 and south One of said Sasso tract, a distance of
102 49 feet to a point, bang the southwest comer of ad Sasso tract;
(3) THENCE N 35° 19' 44" E, along the west fine of said Sasso tract passing at a distance of 35 00 feet a found 1/24on rod for
the southeast comer of a caged 1237 Usict of land described in instrument to Khrosrow Sadeghnan, as recorded in County
Clerk's number R0-0057477, DRDCT, In al. a lotal distance of 7188 feet to a 5/11-Inch son rod with an aluminum cap set on
the new north right of way kne of U S 77
(4) THENCE S 240 4T 31" E along the new north right of way line of U S 77, a distance of 2116 feet to a set 5/8-Inch iron rod
with an aluminum cap,
(5) THENCE S 58' IV 36" E, along the new north right of way fine of U S 77, a distance of 8448 feet to the POINT OF
BEGINNING, and containing 0144 acre, or 8,253 aquae feet of land, more or less, of which 3 532 square feet reside in a
presanpgve right of way of U & 77
Surveyed September,1999
PESBJ Inc
Ell Glenn Crouch, RPLSM LS Da<e
Texas Registration No 5255
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