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Home My WebLink About2000-400S \Our Documents\Ordmances\00\Gibson Condemnation Ordinance doe ORDINANCE NO O nCXU - L4 CX�) AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 026 ACRE OR 1,141 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 AND AN APPROXIMATE 0 056 ACRE OR 2,425 SQUARE FEET PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN 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 31) 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 Gertrude Helen Gibson, Individually and as Independent Executrix of the Estate of Donald Edwin Gibson (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 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 0 026 or 1,141 square feet acre, 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 0 056 acre or 2,425 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 "Propertyf) 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 th@ 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 in 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 SECTION 4 If it should be subsequently determined that additional parties other than those namned�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 /% 4A day of Qef , 2000 1 Alo� EULINE BROCK, MAYOR ATTEST WALTERS,`CITY SECRETARY I Page 2 S bur DacumeoiAON�lbnn CaMemogbn Ordinance Doe EXHIBIT *A* County Denton Highway U.S. 77 Project Limits* From I.H.35 To U.S.380 CSJ- 0195-02- Account. FIELD NOTES FOR PARCEL 21 Pape 1 of 1 Rev. October 27, 1994 BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO DONALD EDWIN GIBSON AND WIFE, GERTRUDE GIBSON, RECORDED IN VOLUME 524, PAGE 602, DEED RECORDS OF DENTON COUNTY, TEXAS (ORDCT). 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 fence corner post at the northwest corner of said Gibson Tract and the northeast corner of a 0.688-acre tract of land conveyed to Chiping Lee and wife, Pay Betty Lee, as recorded in Volume 1345, Page 920, DRDCT; THENCE S Ot ° 14' 08' W, along the west property line of said Gibson tract and east property line of said Lee tract, a distance of 198.20 feet to a 5/8-inch Iron rod with an aluminum cap set for the POINT OF BEGINNING, said point being on the new north right of way line of U.S. 77 and being on a non -tangent circular curve to the left having a radius of 2804.79 feet, (1) THENCE southeasterly, along the new right of way line of U.S. 77 and said curve to the left, through a delta angle of 03e 05' 33', an arc distance of 151.39 feet, and having a chord which bears S 540 30' 43' E. a distance of 161.37 feet to a set 5/8-Inch iron rod with an aluminum cap, said point being on the east line of said Gibson tract and west line of a tract of land conveyed to Eloise T. Lohman, recorded in Volume 1569, Page 845, DRDCT, (2) THENCE S 010 04' 56' W, along a line common to said Gibson tract and said Lohman tract, a distance of 3.80 feet to a found 1/2-Inch iron rod for the southeast comer of said Gibson tract, some being the southwest comer of said Lohman tract, and said point being on the existing north right of way line of U.S. 77; (3) THENCE N 580 32' 05" W, along a line common to said Gibson tract and existing north right of way line of said U.S. 77, a distance of 144.82 feet to a found 1/2-inch iron rod for the southwest comer of said Gibson tract, some being the southeast comer of said Lee tract, (4) THENCE N 010 14' 06' E, along a line common to said Gibson tract and said Lee tract, a distance of 16.09 feet to the POINT OF BEGINNING, and containing 0.028 acre, or 1,141 square feet of land, more or less John F. Wilder, R P L.S. Texas No. 4285 lz-�-7 Date 0-2454 uv N H Meisenheimer survey October 11 1990 Abstract No 1, 811 Job No 301 99 009 02 Denton County Texas EXHIBIT' City of Denton, U S Hwy 77 16' UTILITY EASEMENT BEING A 0 056-ACRE PARCEL OF LAND, SITUATED IN THE N H MEISENHEIMER SURVEY ABSTRACT NO 810, DENTON COUNTY, TEXAS, SAID PARCEL BEING A SIXTEEN FOOT WIDE STRIP OF LAND, BEING PART OF A TRACT OF THE LAND DEEDED TO DONALD EDWIN AND GERTRUDE GIBSON, AS RECORDED IN VOLUME 524, PAGE 602 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT) SAID 0 056-ACRE PARCEL BEING MORE PARTICULARY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCEING at an aluminum monument stamped "Texas Department of Transportation" found at the northwest corner of a called 0 080-acre right -of -right tract, as deeded to the State of Texas, as recorded in Volume 4202, Page 1654, DRDCT, said point being in the west line of called 0 688-acre tract of land as deeded to Charles Terry Wiilhode, as recorded in County Clerk File No 96-050361, DRDCT, same being the east right-of-way line of Donna Street (60-foot right-of-way), THENCE along said State right-of-way tract the following three (3) courses and distances Along a non -tangent curve to the right having a radius of 2924 79 feet, a delta angle of 02" 48' 30", an are distance of 143 35 feet, and having a chord that bears S 54" 13' 28" E. a distance of 143 34 feet to a aluminum monument stamped "Texas Department of Transportation" found, S 52" 49' 14" E, a distance of 19 46 to a point, and Along a curve to the left, having a radius of 2804 79, a delta angle of 00° 08' 43", an arc distance of 7 11 feet, and having a chord that bears S 52" 53' 35" E, a distance of 7 11 feet to a point, said point being the northeast corner of said State of Texas right-of-way tract, being in the east line of said Willhoite, same being the west line of said Gibson tract and being the POINT OF BEGINNING, THENCE N 010 14' 06" E, along said common line a distance of 19 75 feet to a point, THENCE leaving said common line and crossing said Gibson tract the following two (2) courses and distances S 52" 49' 14" E, a distance of 4 48 feet to a point, and Along a curve to the left having a radius of 2,788 79 feet, a delta angle of 03" 01' 31", an arc distance of 147 25 feet, and having a chord that bears S 54° 19' 59" E, a distance of 147 23 feet to a point, said point being in the east line of said Gibson tract, same being the west line of a tract of land deeded to Paul and Eleanor O Flatt, recorded as Tract 1, in County Clerk File No 98-038388, DRDCT, THENCE S 019 04' 56" W, along said common line a distance of 19 07 feet to a aluminum monument stamped "Texas Department of Transportation" found, said point being in the proposed north line right-of-way line of Elm Street (also known as U S Highway 71), as per the State Of Texas, State Department of Transportation, Plan of Proposed Right -of -Way for U S Highway 77, in Denton County, Texas, Project No CSJ 0195-02-040, P u0101IoosueoA1.11wo09ex02 Doo N H Meisenheimer Survey Abstract No 811 Denton Courtly, Texas October 11 1999 Job No 30199 009 02 City of Denton U S Hwy 77 THENCE leaving said common line and crossing said Gibson tract with said proposed right-of- way line, being in a non -tangent curve to the right having a radius of 2,804 79 feet, a delta angle of 030 05' 33", an arc distance of 15139 feet, and having a chord that bears N 54° 30' 43" W, a distance of 15137 feet to the POINT OF BEGINNING and containing 0 056 acres (2,425 square feet) of land more or less Basis of bearing for this description is the north line of said State of Texas right-of-way tract as recorded in Volume 4202, Page 1654, DRDCT /`, ..act tDl1lJ AYUB R SANDHU DATE REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO 2910 P Q0199MEOAt,9\9009EM DOC