HomeMy WebLinkAbout2000-399S \Our Documents\Ordinances\00\Grubbs Condemnation Ordinance doc
ORDINANCE NO '2` -� - ?L9
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0 103 ACRE OR 4,473 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 21)
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 Albert B
Grubbs and Margaret V Grubbs ("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 0 103 acre or 4,473 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
SFKCTION 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 / 7 Yi day of Od Q , 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPR VED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
M
Page 2
5 Wur Ncumm�bbr O Wmnnwlon OMi wma
EXHIBIT "A"
County Denton
Highway U.S. 77
Project Limits
CSJ 0195-02
Account
From I.H.35
To U.S.380
FIELD NOTES FOR PARCEL 21
Page Iof1
Rev October 27, 1994
BEING A PARCEL OF LAND SITUATED IN A CALLED 0 232-ACRE TRACT OF LAND CONVEYED TO ALBERT B
GRUBBS, SR AND WIFE, MARGARET V. GRUBBS, RECORDED IN VOLUME 817, PAGE 632, DEED RECORDS
OF DENTON COUNTY, TEXAS (DRDCT), AND IN A CALLED 0 228-ACRE TRACT CONVEYED TO ALBERT B
GRUBBS, SR AND WIFE, MARGARET V GRUBBS, AS RECORDED IN VOLUME 842, PAGE 977, DRDCT, AND
BEING SITUATED IN THE N.H MEISENHEIMER SURVEY, ABSTRACT NO 810, CITY OF DENTON, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference at a found 1/2-inch Iron rod, same being the northwest comer of said 0 232-acre
Grubbs tract, and being a point on the east line of a tract of land conveyed to W H Bottoms, recorded in
Volume 409, Page 562, DRDCT,
THENCE S 31 ° 59' 52" W, along the common property line of said 0 232-acre Grubbs tract and said Bottoms
tract, a distance of 109 60 feet to a set 5/8-inch Iron rod with an aluminum cap, being the POINT OF BEGINNING,
also being a point on the new north right of way line of U S 77,
(1) THENCE S 580 11' 36" E, along the new north right of way line of U S 77, a distance of 143 82
feet to a set 5/8-inch Iron rod with an aluminum cap, same being a point on the east line of said
0 228-acre Grubbs tract and the west line of a 0 220-acre tract of land conveyed to Emory D
Groaning, recorded in Volume 898, Page 793, DRDCT,
(2) THENCE S 310 44' 25' W, along a line commons to said 0 228-acre Grubbs tract and said
Groaning tract, a distance of 31 27 feet to a found 1/2-inch iron rod being the southeast corner
of said 0.228-acre Grubbs tract and the southwest corner of said Groaning tract, and said point
being on the existing north right of way line of U S 77,
(3) THENCE N 580 03' 18" W, along a line common to said Grubbs tract and existing north right of
way line of U S 77, a distance of 143 96 feet, to a found 1/2-inch Iron rod being the southwest
corner of said 0 232-acre Grubbs tract and the southeast corner of said Bottoms tract,
(4) THENCE N 310 59' 52" E, along a line common to said 0 232-acre Grubbs tract and said Bottoms
tract, a distance of 30 92 feet to the POINT OF BEGINNING, and containing 0 103 acre, or 4,473
square feet of land, more or less
John F Wilder, R P L S
Texas No 4285
a...., � ( Date
voo,�ua,„ o , m H•.c x
DD2"7 REV