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Home My WebLink About2000-401S \Our Docum�nts\Ordinances\00\Cunningham Condemnation Ordinance doc ORDINANCE NO =Q0n0—Ct6 t AN ORD ANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN .APPROXIMATE 0 055 ACRE OR 2,413 SQUARE FEET TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE ST�TE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE N H MEISENHEIMER, ABSTRA�T NO 810 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND AN APPROXPMATE 0 0414 ACRE OR 1,803 SQUARE FEET PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN NH 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 NECESS[� 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 27) 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 hereinaftef described for U S Highway 77, and WHEREAS, the hereinafter described property is believed to be owned Charlie Melvin Cunninghamand Janis Cunningham (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 fe� 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 oflland containing approximately 0055 or 2,413 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 0414 acre or 1,803 square feet as more particularly described in Exhibit "B", attached hereto and made a part hereof by re erence, to construct, reconstruct, install, repair and perpetually maintain public utility fa ilities (the "Utility Easement") The Right -of -Way Property and Utility Easement are hereinafter collectively called the "Property j' 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 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 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 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 / 7 A day of CJV` � , 2000 b EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, ITY SECRETARY BY APPR VED�1S TO LEG FORM upRR , 71/PROU ITY ATTORNEY M Page 2 s bur 0ocumenywrdlowu,wo�C4mJopum Co�gemoailon ONinnmeCoc EXHIBIT "A" County Denton Parcel 27 Highway U.S. 77 Project Limits.from I H 35 CSJ 0195-02- Account to U.S. 380 FIELD NOTES FOR PARCEL 27 Page 1 of 1 D-15- Revised June 11, 1999 BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO CHARLIE MELVIN CUNNINGHAM AND WIFE, JANIS CUNNINGHAM RECORDED IN VOLUME 632, PAGE 217, DEED RECORDS OF DENTON COUNTY, TEXAS (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 at a found 1/2-mch iron rod for the most westerly corner of said Cunningham tract, some being the most the most southerly corner of the second tract of land conveyed to David A Coggin, Trustee, as recorded in Volume 2614, Page 845, DRDCT, and said point being on the existing north right of way line of Riney Road, THENCE N 48011'52' E, along the common property line of said Cunningham tract and said Coggin tract two, a distance of 98 61 feet to a set 5/8-inch iron rod with an aluminum cap, on the new south right of way line of U S 77 for the POINT OF BEGINNING, (1) THENCE N 48011'52' E, continuing along same common line, a distance of 27 90 feet to a found 5/8-inch von rod for the most northerly corner of said Cunningham tract and the most easterly corner of said Coggin tract, and being on the existing south right of way line of U S 77, (2) THENCE S 68012'48' E , along a line common to said Cunningham tract one and the existing south right of way line of said U S 77, a distance of 90 07 feet to a found 1/2- inch Iron rod for the most easterly corner of said Cunningham, same being the most northerly corner of the first tract of land described in the instrument to David A Coggin, Trustee, in the aforementioned Volume 2614, Page 845, (3) THENCE S 48000'55- W, along a line common to said Cunningham tract and said Coggin tract one, a distance of 27 91 feet to a set 6/8-inch iron rod'with an aluminum cap on the new south right of way line of U S 77, (4) of 90CE N 6 feettoto the POINT OFthe BEGINNING, and right containing line distance 0 055 acres of land, or 2,413 square feet of land, more or less la /ag Data B Glenn Crouch�� , R P L S Texas Registration No 5255 _ 0F� P.G 5 TE O�LENNN C s4 5255 7S%Op 1 40-.Y2.N SUR FND-2450 REV EXHIBIT "B" FIELD NOTES BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO CHARLIE LVIN PAGEU217, DEED RECORDSINGHAM AND WIFE IOF DENTOOIS N COUNT TEXAS RECORDED IN (DRDCT), AND BEING SITUATED IN THE N HN EUNTY,ET 'S3 Y, ABSTRACT NO 910, CITY OF DENTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS CobMNCING at the southwest corner of said Cunningham tract and the southeast corner of a tract conveyed to David A Coggin, Trustee, tract two, recorded in Volume 2614, Page 845, RPRDCT, and said point being on the existing north right of way line of Riney Road; THENCE N 480 Ill 52" E, along a line common to said Cunningham tract and said Coggin tract two, beandistance of ge 51 feet toothe POINT OF BEGINNING, said point way line of U S 77, THENCE S 580 Ill 36" E, along the new south right of way line of U S 77, a distance of 90 15 feet to a point on the east line of said Cunningham tract, and the west line of said Coggin one, THENCE S 480 00, 55" W, along a 1ine coon to said ance of 20 63 feet to a tract and said Coggin tract one, a dist point for a corner, THENCE N 580 11' 36" W, 20 feet south of and parallel to the new south of way a distance Of 22 feet a pointsintline of U S l0 the line common to said tract and said to Coggin tract two for a corner, gham THENCE 480 11' 5211 E, along said line common to said sd Coggin tract two, a distance of 20 85 feet the tractand said POINT OF BEGINNING, and containing 0 0414 acres of land, more or less