HomeMy WebLinkAbout1999-081ORDINANCE NO 4q - QB/
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF A STREET RIGHT-OF-WAY EASEMENT IN 1 619 ACRES OF LAND LOCATED IN
THE GIDEON WALKER SURVEY, ABSTRACT NO 1330, OWNED BY SHADY SHORES
I-35 JOINT VENTURE, 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 FROM THE PROPOSED LAKEVIEW
BOULEVARD TO SHADY SHORES ROAD, AND DECLARING AN EFFECTIVE DATE
WHEREAS, it is hereby determined that a public necessity exists and that public welfare
and convenience hereby require the acquisition of a street right-of-way easement in the
hereinafter described land for the public purpose of constructing street improvements from the
proposed Lakeview Boulevard to Shady Shores Road and that the City of Denton should acquire
said property necessary for said purpose, and
WHEREAS, the hereinafter described property is owned by Shady Shores I-35 Joint
Ventures, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That public necessity exists and public welfare and convenience require the
acquisition of an one hundred twenty (120) foot wide street nght-of-way easement in the
hereinafter described land for the public purpose mentioned below
SECTION II That the City Manager or his designee is hereby authorized and directed to
make an offer for the property to the owner of said hereinafter described property, based on just
compensation recommended by an independent appraisal prepared at the City Manager's
direction
SECTION 111, That in the event the offer as described in Section II is refused by the
owner of said property, the City Attorney is hereby authorized and directed to file the necessary
condemnation proceedings or suit and take whatever action that may be necessary against Shady
Shores I-35 Joint Venture to acquire a street nght-of-way easement in 1 619 acres of land located
in the Gideon Walker Survey, Abstract No 1333, for the public purpose of acquiring such
property for the construction of street improvements from the proposed Lakeview Boulevard to
Shady Shores Road upon the land more particularly described as follows
All that portion of land lying and being situated in the City of Denton, Denton County, Texas,
described in Exhibits "A" and `B" attached hereto and made a part hereof for all purposes, to
which reference is here made for a more particular description
5AC1IO1JIV. That 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 is
authorized and directed to join said parties as Defendants in said condemnation
SECTION V That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this thq day of , 1999
JACK LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APP OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
F \shared\dept\LGL\Our Documents\OMmances\98\preserve street row ordinance doe
Page 2
EXHIBIT 6 99
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT No. 1330, CITY AND
COUNTY OF DENTON, TEXAS, AND BEING THE SAME (CALLED) 1.619 ACRE
TRACT OF LAND DESCRIBED IN A DEED TO SHADY SHORES I-35 JOINT
VENTURE, RECORDED UNDER COUNTY CLERK'S FILE No. 95-R0053704, REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID 1.619 ACRE TRACT, ALSO
BEING THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN A
DEED TO JOHN L. TINNRELLO, RECORDED IN VOLUME 3363, PAGE 929, OF THE
REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, ON THE SOUTH
LINE OF A TRACT OF LAND DESCRIBED IN A QUITCLAIM DEED TO THE CITY
OF DENTON, RECORDED UNDER COUNTY CLERK'S FILE No. 93-R0058485, OF
THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS;
THENCE SOUTH 14 DEGREES 38 MINUTES 30 SECONDS WEST WITH THE EAST
LINE OF SAID 1.619 ACRE TRACT AND THE WEST LINE OF SAID TINNRELLO
TRACT, A DISTANCE OF 539.49 FEET TO A CORNER AT THE BEGINNING OF A
CURVE TO THE LEFT;
THENCE WITH SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 01
DEGREE 25 MINUTES 05 SECONDS, A RADIUS OF 1017.00 FEET, AN ARC LENGTH
OF 25.17 FEET, WITH A CHORD WHICH BEARS SOUTH 15 DEGREES 21 MINUTES
03 SECONDS WEST A DISTANCE OF 25.17 FEET TO THE SOUTHEAST CORNER
OF SAID 1.619 ACRE TRACT AT THE SOUTHWEST CORNER OF SAID
TINNRELLO TRACT, ON THE NORTH RIGHT-OF-WAY OF SHADY SHORES
ROAD;
THENCE NORTH 80 DEGREES 14 MINUTES 13 SECONDS WEST WITH THE
SOUTH LINE OF SAID 1.619 ACRE TRACT AND THE NORTH RIGHT-OF-WAY OF
SHADY SHORES ROAD, A DISTANCE OF 120.83 FEET TO THE SOUTHWEST
CORNER OF SAID 1.619 ACRE TRACT AND THE SOUTHEAST CORNER OF A
TRACT OF LAND DESCRIBED IN A DEED TO ERNEST A. TINNRELLO,
RECORDED IN VOLUME 3363, PAGE 925, OF THE REAL PROPERTY RECORDS OF
DENTON COUNTY, TEXAS, AT THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE WITH SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 02
DEGREES 15 MINUTES 52 SECONDS, A RADIUS OF 897.00 FEET, AN ARC LENGTH
OF 35.45 FEET, WITH A CHORD WHICH BEARS NORTH 15 DEGREES 46 D,{INUTES
26 SECONi)S EAST A DISTANCE OF 35.45 FEET TO A CORNIER;
EXHIBIT "A" (cont.)
THENCE NORTH 14 DEGREES 38 MINUTES 30 SECONDS EAST WITH THE WEST
LINE OF SAID 1.619 ACRE TRACT AND THE EAST LINE OF SAID ERNEST A.
TINNRELLO TRACT, A DISTANCE OF 573.69 FEET TO THE NORTHWEST
CORNER OF SAID 1.619 ACRE TRACT AND THE NORTHEAST CORNER OF SAID
ERNEST A. TINNRELLO TRACT, ON THE SOUTH LINE OF SAID CITY OF
DENTON TRACT AT THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE WITH SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 04
DEGREES 57 MINUTES 23 SECONDS, A RADIUS OF 1442.93 FEET, AN ARC
LENGTH OF 124.82 FEET, WITH A CHORD WHICH BEARS SOUTH 59 DEGREES 27
MINUTES 06 SECONDS EAST A DISTANCE OF 124.78 FEET TO THE POINT OF
BEGINNING AND CONTAINING IN ALL 70,547.80 SQUARE FEET OR 1.619 ACRES
OF LAND.
I Meea tb vPpp�� pRQALRW CMPMY
973.36 WE C F O 86-60066666.'i P 8 O C'
7 29
I �•
'$I CALLED
8
6.367 AC. 1 n
c� 4i
A
ZI��df61
N•13
BOeq-7`BW
R 897100' 6MDy
L-35.45
T-17 73
CB-S15.46'26•W
CH-35 45' .. ....._...
WE
p 4011466�•
L:425 51'
ti m/Cu
# PJ p ♦ \ CB2949911' S3
ZLICH-425.31'
=w 3 257 AC.
564.3�7 00'W
r.A' 152 20
�g2g 919'01'30•W
61 15'
479 44 839'27*W
66 94'
915'49'56•W
- 33 62'
25 17' S15.57'3Vt
915'21'03'W 43 92
GOODWINI
hPOUL , 9
Scale 1' = 200'
Sheet
1
of
1
Date i AUG 1998
qyQ__
Job No 9652
Drafted T J M
e.e
MMO(817)4694=
Checked J S 8