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Home My WebLink About2000-403S \Our Documynts\Ordinances\00\Sadeghian Condemnation Ordinance doe ORDINANCE NO o?OW - 4O3 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 574 ACRE OR 25,020 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 15) 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 Khosrow Sadeghian ("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 0 574 acre or 25,020 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 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 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 llq- day of (�fX2000 &'k- - EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY 1 APPROVED• LEGAL FORM ..• •'BY Page 2 5 wUr Documm�NWN� e,�oN9atleghim comemneu.. O ,..Ce Juc �r J] 11 vs$ Tn CST RIGHT "F HS -14l —o h County Denton Highway U S 77 Project Limits From 1 H 35 To U S ,380 CSJ 0195-02 Account EXHIBIT "A" FIELD NOTES FOR PARCEL 15 Page 1 of 2 Rev September 20,1999 BEING 0 574 ACRES OF LAND SITUATED IN A CALLED 1 237 ACRE TRACT DESCRIBED IN INSTRUMENT TO KHROSROW SADEGHIAN, AS RECORDED IN COUNTY CLERK'S NUMBER R0-0057477, 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 for reference at a found 5/8-inch iron rod at the northeast comer of a called 0 529•acre tract of land conveyed to Mane FJ¢abeth Sasso, recorded in Volume 2249, Page 600, DRDCT, and at the northwest comer of a tract of land conveyed to Kenneth L Davidson and wife Helen L Davidson, recorded in Volume SM Page 326, DRDCT THENCE S 35' 42' 49' W, along the common property One of said Sasso and Davidson tracts a distance of 154 48 feet to a set 518-inch won rod with an aluminum cap on the new north right of way line of U S 77, THENCE N 58° 11' 36' W along the new north right of way line of U S 77, a distance of 84 48 feet to a set 518•hnch won rod with an aluminum cap THENCE N 24.47' 31" W. along the new north right of way line of U S 77, a distance of 2116 feet to a set 518-mch iron rod with an aluminum cap on the line common to said Sasso tract and said Sadeghian tract and the POINT OF BEGINNING (1) THENCE S 350 19' 44' W, along a line common to sad Sadeghian tract and said Sasso tract, a distance of 36 88 feet to a found 112-mch iron rod, same being a point on the axisbng north right of way line of U S 77 and on the south line of said Sadeghian tract (2) THENCE N 570 56' W W, along the existing north right of way line of U S 77, a distance of 427 65 feet to a found 112 inch iron rod for the southwest corner of said Sadeghian tract same bang a point on the existing north right of way line of U S 77 and near the centedine of Riney Road, (3) THENCE S 88' 5V "' E, along the north line of said Sadeghian tract a distance of 45 53 feet to a set PK nail with shiner said point bang in the new north right of way line of U S 77, (4) THENCE S 58^ 11' 36" E, with the new north right of way line of U S 77, a distance of 243 82 feet to a set 518-mch iron rod with an aluminum cap (5) THENCE N 880 24125" E. with the new north right of way line of U S 77 a distance of 50 83 feet to a set 518-inch Iron rod with an aluminum cap at the beginning of a circular curve to the left having a radius of 340 00 feet (6) THENCE along said curve to the left with the new north right of way line of U S 77 through a central angle of 210 14' 20' an are distance of 126 03 feet, and having a chord which bears N 140 2T 20' E a distance of 125 31 feet to a PK nail set on the north line of said Sadeghan tract and near the center line of said road, 0�1 REV ram_ -Jr 11 .a -, COT RI :HT �F NA 214 G-o a County Denton EXHIBIT *A* Highway U S, 77 Page 2 of 2 Project Limits From !>N 35 Rev September 20,1999 To U.S. 380 CSJ 0195.02 Account FIELD NOTES FOR PARCEL 15 (7) THENCE S 88o 511440 E along the north line of sad Sadeghwn tract and the new north right of way line of U S 77, a distance of 80 07 feet to a set PK nail and being in a non tangent circular curve lb the right having a radius of 420 00 feet, (8) THENCE with the new north right of way true of U S 77 and a" sad curve to the right through a central angle of 23° 06 35", an arc distance of 169 40 feet, and having a chord which bears S 140 57 36" W, a distance of 168 26 feet to a set 5/8-inch iron rod with an aluminum cep, (9) THENCE S 24- 47- 31" E. with the new north fight of way ine of U S 77, a distance of 2874 feet to the POINT OF BEGINNING and containing 0 574 acres or 25,020 square feet of land more or less, of which 1082 square feet reside in the prescriptive right of way of Raney Road Surveyed September, 1999 PBSU Inc B Glenn Crouch R P LS Texas Registration No 5255 3 GLENN�CROUCI- �.ti°y,y 5255 r �� 'y✓ ::551o'�•�O �l�olg9 Date 04441 R&