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Home My WebLink About2000-402S \Our DocumFnts\Ordmances\00Vackson & Brenholtz 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 0 421 ACRE OR 18,331 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 B B B & C R R SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND AN APPROXIMATE 01717 ACRE OR 7479 SQUARE FEET PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN 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 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 36) 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 Betty Ruth Davis Jackson and Joyce Davis Brenholtz Bishop (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 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 0 421 or 18,331 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"), 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 1717 acre or 7,479 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 "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 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 / % Y day of (Ott"Qf , 2000 &� AV4- EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPRO ED AS TO LEGAL FORM HERBERT L PROUTY, CLTY ATTORNEY m Page 2 s Our &Been lm QWmmeYan ONmmm dx 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 29 Page 1 of 1 Rev December 19, 1994 BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO BETTY RUTH DAVIS JACKSON AND JOYCE DAVIS BRENHOLTZ, RECORDED IN VOLUME 711, PAGE 382, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING A PORTION OF DAVIS TRIANGLE ADDITION, RECORDED IN CABINET J, PAGE 27, MAP RECORDS DENTON COUNTY, TEXAS, 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 von rod for the southwest corner of said addition, THENCE N 000 51' 18" E, along the west line of said Jackson tract and said addition, a distance of 301 98 feet to a set 5/8-mch von rod with an aluminum cap for the POINT OF BEGINNING, same being a point on the new south right of way line of U S 77 and a point on the east line of a tract of land conveyed to Roy D Martin, as recorded in Volume 416, Page 215, DRDCT, (1) THENCE N 000 51' 18" E, along a line common to said Jackson tract and said Martin tract, a distance of 54 06 feet to a point for the northwest corner of said Jackson tract, and said point being on the existing south right of way line of U S 77, (2) THENCE S 580 18' 30" E, along a line common to said Jackson tract and the existing south right of way line of U S 77, a distance of 431 38 feet to a point for the northeast corner of said Jackson tract and said point being on a non -tangent circular curve to the right having a radius of 510 83 feet, (3)1 THENCE southwesterly, along the west line of Windsor Drive, a right of way deeded to the City of Denton in Volume 1181, Page 104, DRDCT, said curve to the right, through a delta angle of O6° 35' 35", an arc distance of 58 78 feet, and having a chord which bears S 480 49' 35" W, a distance of 58 75 feet to a set 5/8-inch von rod with an aluminum cap, same being a point on the new south right of way line of U S 77, (4) THENCE N 020 55' 51 " W, along the new south right of way line of U S 77, a distance of 22 89 feet to a set 5/8-inch von rod with an aluminum cap, being on a non -tangent circular curve to the right having a radius of 3879 72 feet, (5) THENCE northwesterly, along the new south right of way line of U S 77 with said curve to the right, through a delta angle of 040 05' 04", an arc distance of 276 58 feet, and having a chord which bears N 600 14' 09" W, a distance of 276 52 feet to a set 5/8-inch von rod with an aluminum cap, being a point of tangency, (6) THENCE N 580 11' 37" W, with the new south right of way line of U S 77, a distance of 96 99 feet to the POINT OF BEGINNING, and containing 0 421 acre, or 18,331 square feet, more or less, of which 295 square feet reside i j public utility easement to the City of Denton Jofin F Wilder, R.P.I. S Texas No 4285 •l4 14 4285 Date 0.L6]AN EXHIBIT "B" FIELD NOTES BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO BETTY RUTH DAVIS JACXSON AND JOYCE DAVIS BRENHOLTZ, RECORDED IN VOLUME 711, PAGE 382, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING A PORTION OF THE DAVIS TRIANGLE ADDITION, RECORDED IN CABINET J, PAGE 27, PLAT RECORDS DENTON COUNTY, TEXAS, 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; Beginning at a point in the new south right of way line of U S. 77 and a line common to said Jackson and Brenholta tract (west line) and the Roy D. Martin tract (east line) recorded in Volume 416, Page 215 of the DRDCT, same being the west line of said Addition; THENCE S 580 11' 37N E, along the new south right of way line of U.S. 77, a distance of 96 99 feet to the beginning of a curve to the left having a radius of 3879 72 feet; THENCE Southeasterly, along the new south right of way line of U.S 77 with said curve to the left, through a delta angle of 040 05' 04^, an arc distance of 276.58 feet, and a chord of S. 600 14' 090 E a distance 276 52 feet to a point for a corner; THENCE S 020 55' 510 E, along the new south right of way line of U.S 77, a distance of 22 89 feet to a point in the went right of way of Windsor Drive and the beginning of a curve to the right having a radius of 510.83 feet; THENCE North 630 47' 24' W, a distance 11 68 feet to a point being 20 feet south of and perpendicular to the new south right of way line of U. S 77 and the beginning of a curve to the right having a radius of 3899 72 feet; THENCE Northwesterly, 20 feet south of and parallel to the new south right of way line of U.S 77 with said curve to the right, through a delta angle of 040 05' 040, an arc distance of 276.58 feet, and a chord of N 600 14. 09" W a distance 276 52 feet to a point of tangency; THENCE N 580 11' 36" W, continuing 20 feet south of and parallel to the new south right of way line of U S 77, a distance of 85.00 feet a point on the line common to said Jackson and Brenholts tract (west line) and Said Martin tract (west line) for a corner, THENCE N 000 51' 18^ E, along said line common, a distance of 23 32 feet to the POINT OF BEGINNING, and containing 0 1717 acres of land, more or lose