HomeMy WebLinkAbout2000-435S \Our Documents\Ordinances\00\Bottoms Condemnation Ordinance doc
ORDINANCE NOO?06
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0 046 ACRE OR 2,009 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, RESCINDING THAT CERTAIN REAL
ESTATE CONTRACT DATED OCTOBER 17, 2000 BETWEEN THE CITY OF DENTON
AND W H BOTTOMS PERTAINING TO THE SUBJECT PROPERTY, DECLARING AN
EFFECTIVE DATE (PARCEL 20)
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 W H Bottoms
("Owner"),
WHEREAS, the Owner has requested that the City agree to rescind that certain Real
Estate Contract between the City and the Owner, dated October 17, 2000 pertaining to the
subject property (the "Contract") 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 0 046 acre or 2,009 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 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 The City Manager or his designee is authorized to enter into a mutual
release agreement to rescind the Contract
SECTION 6 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this th�� day oT(, 2000
A4e4t
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY AA1
AP OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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EXHIBIT 'A'
County Demon
Highway U.S. 77
Project Limits: From I.H. 35
To U.S.380
CSJ. 0195-0 �040
Account.
FIELD NOTES FOR PARCEL $Q
Page 1 of 1
February 24, 1994
BEING A PARCEL OF LAND SITUATED IN A TRACT CONVEYED TO W H BOTTOMS, RECORDED IN
VOLUME 409, PAGE 582, 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 1/2-Inch iron rod, same being the northwest comer of said Bottoms tract
and being a point on the east line of a 0.338-acre tract of land conveyed to Dennis Michael Baker and wife,
Becky Ann de is Houssaye Baker, recorded In Volume 890, Page 526, DRDCT,
THENCE S 320 04' 09" W, along a line common to said Baker tract and said Bottoms tract, a distance of
133 15 feet to a set 5/8-Inch von 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 65 11
feet to a set 5/8-Inch iron rod with an aluminum cap, same being a point on the east line of said
W H Bottoms tract and on the west line of a 0 232-acre tract of land conveyed to Albert B
Grubbs, Sr. and wife, Margaret V Grubbs, recorded in Volume 817, Page 632, DRDCT,
(2) THENCE S 310 59' 52• W, along a line common to said Bottoms tract and said Grubbs tract, a
distance of 30 92 feet to a found 1/2-Inch iron rod for the southeast corner of said W H Bottoms
tract and the southwest corner of said Grubbs tract, same being a point 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 Bottoms tract and the existing north right
of way line of said U S 77, a distance of 65 15 feet to a found 1/2-inch Iron rod for the
southwest comer of said Bottoms tract and said point being in the east line of said Baker tract,
K) THENCE N 320 04' 090 E, along a line common to said Bottoms tract and said Baker tract, a
distance of 30 76 feet to the POINT OF BEGINNING, and containing 0 046 acre, or 2,009 square
feet of land, more or less
/'?E-17�7-
John F Wilder, R P L S
Texas No 4285
Date
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