1977-002
NO 77 -1_Z
AN ORDINANCE AUTHORIZING THE EXCHANGE OF PROPERTY TO THOMAS E
NOEL AND FAMA C NOFL-TRUST NO 1 IN RETURN FOR AND AS CONSIDERA-
TION FOR LAND OWNED BY THOMAS E NOEL AND FAMA C NOEL-TRUST NO
1 AND WHICH IS NEEDED FOR STREET RIGHT-OF-WAY, AND DECLARING
AN EFFECTIVE DATE
WHEREAS, heretofore, the City of Denton, Texas, act-
ing by and through its duly authorized City Council, did deter-
mine the necessity for certain street improvements in and for
the City of Denton, Texas, which included what was commonly
referred to and known as the Bell Avenue improvement which re-
quired additional right-of-way from various individuals along
the route of such street and particularly at the intersection
and interchange with Bell Avenue, Eagle Drive, South Locust
Street, Wainwright Street and the business route of Interstate
Highway 35E, and,
WHEREAS, it was determined to be necessary and impera-
tive to take and acquire out of a considerably larger tract a
certain tract of land owned by Thomas E Noel and Fama C
Noel-Trust No 1, of which Trust the First State Bank of Denton,
Texas, is and was Trustee, and,
WHEREAS, said City of Denton, Texas, in order to con-
struct such improvements, needed immediate possession of said
tract of land belonging to said Trust Estate, which said tract
of land is fully described in "Exhibit B" attached to an Agree-
ment, which is attached hereto and made a part hereof, between
the said Trustee and the City of Denton, Texas, dated the
29th day of September, 1975, but effective August 1, 1975, and
it was recognized by all parties concerned that the taking of
said tract of land from said Trust Estate would result in ex-
tensive damage to the remainder of the property owned by said
Trust Estate and not taken for said right-of-way, and said
parties entered into a said written Agreement in order to later
determine whether or not the parties could agree upon the fair
Page One
f market value of the land taken as described in said Agreement
and the damages to the remainder, or to determine whether or
not it was legal and feasible to exchange certain odd shaped
tracts of land acquired from other owners by said City which
would not actually be needed by the City of Denton, Texas, in
the construction of said project, but a part of such tracts
which would be needed by said City, and,
WHEREAS, the City of Denton, Texas, did acquire the
legal title to certain tracts of land described in two separate
tracts in "Exhibit A" (1), hereto attached and made a part
hereof, which tracts of land so described constituted a part
of the original tracts acquired from such original owners and
included a small portion of Wainwright Street as it formerly
existed lying between the remainder tract owned by said Trust
Estate and the tracts of land acquired by said City of Denton,
Texas, but which portion of Wainwright Street was required to
be closed and re-routed in connection with such interchange
and is no longer needed by said City of Denton, Texas, as
a public street, but has been relocated along the new right-of-
way of such interchange, and,
WHEREAS, it has been, and is again, hereby determined
by the City Council of the City of Denton, Texas, that said
two, small tracts of land described in "Exhibit A" (1), hereto
attached and made a part hereof, are owned by said City of Den-
ton, Texas, and such portions are not needed as a part of
said street project, and,
WHEREAS, the City Council of the City of Denton, Texas,
has heretofore, and does hereby determine that such two small
tracts of land described in "Exhibit A" (1) were originally
acquired for the purpose of streets and rights-of-way for such
project, and such tracts are and represent the unused and un-
needed portion owned by the City which are not needed for the
construction of such streets, highways, and interchange, and
has determined, and does hereby again determine that such two
Page Two
small tracts of land should be traded and exchanged to the
Thomas E Noel and Fama C Noel-Trust No 1 as consideration
for the tract of land described in "Exhibit B", hereto attached
and made a part hereof, which is the tract of land needed by
said City and covered by said Agreement heretofore referred to
for street purposes, with the City of Denton, Texas, to execute
a Deed conveying such two tracts of land described in "Exhibit
A" (1) to the Thomas E Noel and Fama C Noel-Trust No 1,
and with the said First State Bank of Denton, Texas, Trustee,
to convey by Deed to the City of Denton, Texas, the tract of
land described in "Exhibit B", hereto attached and made a part
hereof, which exchange and trade shall be on an equal basis and
without the payment of any money by either party involved, and,
WHEREAS, the City Council of the City of Denton, Texas,
has found and determined that the fair market value of the
lands being exchanged, taking into consideration the damages
to be sustained to said Trust Estate by reason of the taking
of the land described in "Exhibit B", is on such a basis that
the City of Denton, Texas, is receiving in excess of the fair
market value of the two tracts of land described in "Exhibit
A" (1) as determined by an appraisal which has heretofore been
obtained by the City of Denton, Texas, acting by and through
its City Council,with such appraisal having been made by a
competent and independent appraiser, and the City Council further
finds that under the terms of said Agreement aforesaid, said
Trust Estate has agreed to waive any and all interest which
might otherwise be due said Trust Estate from August 1, 1975,
by reason of the City of Denton having taken possession of said
tract described in "Exhibit B" without the payment at such time
of any compensation
NOW, THEREFORE, BE IT ORDAINED by the City of Denton,
Texas, acting by and through its duly acting and elected City
Council of said City, that the Mayor of the City of Denton,
Texas, be, and she is, hereby authorized and directed to execute,
Page Three
acknowledge, and deliver to the Thomas E Noel and Fama C
Noel-Trust No 1 a Special Warranty Deed, to be attested by
the City Secretary of the City of Denton, Texas, conveying
to the said Thomas E Noel and Fama C Noel-Trust No 1 the
two tracts of land described in "Exhibit A" (1), hereto at-
tached and made a part hereof, upon the delivery by said Thomas
E Noel and Fama C Noel-Trust No 1 of a Special Warranty
Deed conveying to the City of Denton, Texas, the fee simple
title to the tract of land described in "Exhibit B", hereto
attached and made a part hereof
The City Council of the City of Denton, Texas, hereby
determines that all prerequisites of said Art 5421c-12 of
Vernon's Annotated Revised Civil Statutes of the State of Texas
have been fully complied with, and such exchange is and will be
highly advantageous and for the public interest of the
City of Denton, Texas, and the City Council further determines
that all prerequisites relative to the placing of the subject
matter of this Ordinance on the public agenda as required by
law have been fully complied with
Duly passed and approved this the 4th day of
January , A D 1977, as provided for by law
and by the Charter provisions of the City of Denton, Texas
ELINOR HUGHES, MAYOR, CITY OF
DENTON, TEXAS
ATTEST
BROOK HOLT, CIT CRETA Y, C TY
OF DENTON, TEXAS
Approv s o 1_ egal form
i4
"15AUL ISHAM CITY ATTORNEY, CITY
OF DENTON, TEXAS
Page Four
CERTIFICATE
I, BROOKS HOLT, City Secretary of the City of Denton,
Texas, do hereby certify that the foregoing is a true and
correct copy of an Ordinance duly passed and approved by the
City Council of the City of Denton, Texas, on the 4th day
of January 1977, as the same appears on the Minutes
of said Council
WITNESS MY HAND, this -j day of JANd.1TtI
1977
/
0044
BR MRS HOLT, CITY SECRETARY,
CITY OF DENTON, TEXAS
Page Five
ii
EXHIBIT B"
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Denton, Texas, is presently en-
gaged in the construction of certain street improvements gen-
erally referred to as the Bell Avenue or Blount project; and,
WHEREAS, in the construction of said project, it is
necessary and imperative for the,City of Denton, Texas, to ac-
quire either by purchase, exchange, partial purchase and partial
exchange, or by Condemnation proceedings, one (1) certain tract
of land comprising approximately 5,810 square feet out of said
property owned by Thomas E. Noel and Fama C. Noel--Trust No. 1,
I of which Trust the First State Bank of Denton, Texas, is Trustee,
which said tract of land is out of Lot 10, of Block B, of the
Blount Addition to the City of Denton, Texas, which tract of
larid_s described by mates and bounds in Exhibit A hereto at-~ s.
tached and made a part hereof; and,
WHEREAS, the said Trustee and the City of Denton
desire to attempt to negotiate toward an agreement to determine
i the fair market value of the land'taken from the Trust and the
damages to the remainder, or, in the alternative, to consider
the possibility of a partial or complete exchange of said land
owned by the City of Denton, contiguous and adjacent to the re-
maining land of said '?rust, but said Trustee Owner of said land ~
I 1
desires to defer and delay any final decision until the comple-
I
1 lion of the project in order to determine whether it desires
i pursue such exchange agreement or to elect to require t- ac-
quisition of the land needed by the City of Denton, Texas, by
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II outright purchase by the City of the Trust and the ascertainment
i
of damages to the remainder,either by agreement or Condemnation
tI
j proceed-
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ings to be instituted by the City; and,
WHEREAS, the City of Denton, Texas, needs the imrediate
right of possession of said lands described in Exhibit A, hereto
attached and made a part hereof, in order to imznediately pro-
ceed with the construction of said improvement and said Trustee
Owner of said lands is willing to
grant such right of-immediate
possession under the terms._and conditions herein set out:
NOW. THEREFORE, it is hereby agreed by the-said-Thomas
E. Noel and.Fama C.-Noel--Trust No. 1, acting by and through the
First State Bank of Denton, Texas, Trustee,--through its--duly----
authorized Vice President--Trust and Investments, that the City
of Denton, Texas, shall have the, right to take immediate.posses-
sion of. said property, described in Exhibit A, hereto attached
and made a part hereof and to proceed with such improvement.
It is further understood and agreed that the just com-
pensation due the Trust shall be -determined after completion of
the project, either by agreement, or if no agreement can be
reached,by determination under-Condemnation proceedings to be
brought by the City of Denton in a Court of competent Jurisdiction
and that the City of Denton will pay.to the Trust the amount fi-
nally determined as just compensation as provided for by Law
plus interest at the rate provided for by Law, from and after
August 1, 1975, on the amount finally determined, in addition
to such amount until said sum is paid.
It is further agreed in the event said Trust elects
to make an exchange of property in whole or in part, and such
1lexchange is agreed to by the City of Denton, Texas, that such
interest shall be added to the property or money to be received
by the Trust, from August 1, 1975, to compensate the Trust for
tithe loss of the use and possession of said property so taken.
I
it It is further specially understood and agreed that
,such compensation to be determined by agreement or by Condemnations
!proceedings..shall be based upon the market value and the damages
to the remainder of the property as of August 1, 1975, as the
Page 2-AGREE1,1ENT
II
it
Property existed prior to any construction on the project.
Dated this 29th day of September, A. D. 1975, but ef-
fective August 1, 1975.
THOMAS E. NOEL and FAMA C. NOEL--TRUST
NO. 1
BY: FIRST STATE BANK OF DENTON TEXAS
TRUSTEE
BY:
S ETT KIRK,II -VICE RESIDENT--TRUST
AND -INVESTMENTS
APPROVED:
THE CITY OF DENTON TEXAS
-I- BY: . 7C
C MANAGER
Ems- c.ULEMAN "P
ATTORNEY FOR THE CITY OF DENTON,
TEXAS
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CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS
JiCOUNTY OF DENTON
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Before me, the undersigned authority, in and for said
County, Texas, on this day personally appeared,SENNETT
I' KIRK, III,
!j Vice President--Trust.and Investments,- known to me to be the
Ilperson and officer whose name is subscribed to the foregoing in-
strument and acknowledged to me that the same I
was the act of the I
I said FIRST STATE BANK OF DENTON, TEXAS, a corporation, and that
the executed the same as the act of such corporation for the I
l
pur-
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II Page 3-AGREEMENT
Poses and consideration therein expressed, and in the capacity
therein stated.
Given under my hand and seal of office, thisP
day of
A.D. 1975.
NOTARY PUBLIC, DENTON COINT~y,
TEXAS
My Commission expires June 1,1977,
0
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~IPage 4-AGREE2NT
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71
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"EXHIBIT A" (1) f
FIRST TRACT: -
All that certain lot, tract or parcel of land lying
and being situated in the City and County of Denton, State of
Texas and being a part of the Blount Addition to the City of
Denton as shown by the plat of record in Volume 75, Page 54,
Deed Records of Denton County, Texas, and more particularly
described as follows:
BEGINNING in the North line.of Lot 10, Block B, of
said Addition at a point that is 24.17 feet West of the North-
east corner of said Lot 10;
THENCE West along the North line of said Lot 10 a-
distance of 75.83 feet for corner;
THENCE North 100 feet to the North line of Lot No. 9;
THENCE East along the North line of Lot 9 and the South
line of Lot 8 a distance-of__92_feetafor corner;
THENCE North 50 feet for corner;
THENCE East 41 feet for corner;
THENCE South 53° 07' 48" East 53.33 feet for corner;
THENCE South 29°x44' 42" West 40.31 feet;
THENCE South 37° 46' 32" West 50.60 feet;
THENCE South 440 25' 58" West 35.71 feet;
THENCE South 540 05' 39" West 29.84 feet to the place
of beginning.
SECOND TRACT:
All that certain lot, tract or parcel of land lying
and being situated in the City and County of Denton, State of
Texas, and being part of the Wm. Loving Survey, Abstract No. 759,
and being part of Lots 8, 9, and 10, Block B of the Blount Addi-
tion, an Addition to the City and County of Denton, and also bein
part of two tracts of land, designated Tract One and Tract Two,
Tract One being conveyed by H. E. Edwards and Mattie Edwards to
the City of Denton by deed dated February 24, 1934, and recorded
in Volume 246, Page 350 of the Deed Records of Denton County,
Texas, Tract Two being conveyed by Oren Vermillion and Edna _
Vermillion to the City of Denton by deed dated February 24, 1934,
and recorded in Volume 246, Page 351 of the Deed Records of
Denton County, Texas, and more particularly described as follows:
BEGINNING at a point in the west boundary line of said
Tract One, said point of beginning being 31.00 feet north of the I.
southwest corner of said tract;
1
THENCE north 0° 04' 20" west a distance of 184.00 feet 1
to a steel rod for a corner;
THENCE east a distance of 0.16 feet to a steel rod for III
a corner, said point lying in the arc of a curve whose center ~
lies south 87° 58' 08" east a distance of 542.96 feet;
THENCE southeasterly-with_the_arc_of.a_curve to`the
left whose central angle is 210 19' 46" and whose radius is
542.96 feet, a distance of 202.13 feet to a point for a corner;
r() THENCE north 63° 58' 56" west a distance 'of I
33.49 feet ~
to the place. of beginning and containing 1512.6 square feet of
land, more or less.
i
SAVE AND EXCEPT it is expressly made a part of this
i
deed that an all purpose utility easement-is expressly retained I
by the City of Denton out of the above described.First Tract the
same as if an easement were granted therefore to the City by the
owner thereof and being described as follows: i
BEGINNING at a point in the West line of Wainwright
Street 82.5 feet North of its intersection with the North line
of Eagle Drive;
THENCE South 541 05' 39" West 9.88 feet for corner;
"EXHIBIT A" (1) - Page Two
iJ. 11
THENCE North 8 feet from and parallel to the West
.line of Wainwright Street 132.5 feet for corner;
THENCE East 16 feet for corner;
-THENCE South 8 feet from and parallel to the West
line of Wainwright Street 124.34 feet for corner; T
THENCE South 44° 25` 58" West-11.43 feet to the
place of beginning.
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"EXHIBIT A" (1) - Page Three
e.
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- "EXHIBIT, B"-
ann A.
All that'- certain lot*, parcel of. land 'lying and
'being. situated in the City and-County•of DenLo"n,:State of"Texas--,-
And. being part. of -the Wm: _"Loving`:Survey, Abst No 7,59., and-being'
;part of `-Lot No.. 10, Block B, of the Blount Addition; an
addition to'the City,/County of Denton and also being part:.of r r
a tract_of land. as 'conveyed to Thomas, E. Noel.by.deed dated.,
February 8, 19,56 and',recorded, -in-,Volume 419, Page ,318 of
g..
Deed Records: of Denton,County, Texas and more
.'particularly
:
described as follows:'
c6MMENCING at'the Southeast corner of said Noel tract
said corner
being the intersection of 'the North right=of way
ti Fem.. .3. J I , '-i.. -A yT t}. , A
line of Eagle Drive"and the West rgit-of way 'line. of• Wairi=.,
Wright Street as. shown by xp~lat of-,the
. Blount Addition recorded 4t
! } !
in Volume 75, page 54'of th&.Deed,yRecbrd's of Denton County
Texas,
%
THENCE West, along the'.South Boundary Line' of sa d•Noe;l W
41 1.11
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tract, a disfance `
.z 11-1
of 1.8 O'feet,~to .the point of beginning, said t
1
.p01nt of be t r - i„r~• ,'.'t`.'1 - :i'. ' '1
ginning,"al-so being the Southwest corner ofxa tract
of land :conveyed by 'Thomas.:E Noel to the City of De"nton by,
deed dated October 18,,1968 and recorded in Volume .574,,page
1
'108 of.the Deed Records of,D'enton-County-," Texas,, -
THENCE West, along the•"South Boundary Lirie,of said Idoely
i tract, d"distYrice of""156 261 ;feet Ito a point -f_or.,a corner, same
being the' Southwest.'corner of said Noel" tract and% a!Tso_ being
s.
` r the SoutheastY:corner of a"tract of land conveyed by kY E
r' y ` ~ N t
~ Edwards and Mattie Edwards. to the-`City.'of• Denton by deed dat ted
v. '.24;"1934 and recorded February. in Volume 246, ,:page 350 of :the
Deed Records of Denton County, Texas,,said
point lying:rn`the
arc of a,ourve'whose 'center lies North 680
521 01", East .a distance
0f,:54.2:96 feet;
Exhibit
,and "A"
- x
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THENCE Northwesterly with the ar`c of a curve:to the right :
t A
whose central angle 1°50'05".and whose, radius. `542 96 feet, „°*y
G
a-`dlstance of 17-,.39- to.a point fora corner.",,said point
li
y.ng in the :.arc of a- curve. whose 'cent•er lies,,;North 2,°12 31-;!
1
West a distance of 275 35 feet, `
THENCE Northeasterly, with the' arc ;o£ a curve, to tit he ..left
'.whose central .angle1='32°27',40" and whose radius 275.35 'feet,
a distance of 156 0 feet to-a point fora corner fn the North x
!Boundary_,Line;of said Noel tract;
THENCE East, along the:North,Boundary Line,:-of said Noel
tract,,a distance o-f 16 17'•'feet`to'a point for••a corner, same
being the Northwest corner of 'the 'aforementioned Noel'.to City x
of Denton tract, '
THENCE South, 8,0 feet West -ofand parallel with the East
Boundary Line`of sald;Noel`'tracta.distance.'of'-65:0':f•eet,to
:,the,Place of Beginning and containing 5810fsgaare feet of'land,
`more or` 17es s
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"Exhibit B",and- "A
James A Hinsley CRA
First State Bank Bldg
Denton, Texas 76201
January 12, 1977
Mr Jim White, City Manager
Municipal Building
Denton, Texas 76201
Re 812 Wainwright Street and 814 Wainwright Street
and 3,446 square feet in Wainwright Street, and
3,232 square feet which is the remainder of 807
and 809 Wainwright Street for a total of 16,398
square feet
Dear Mr White
In accordance with your request I have reviewed the
appraisal of 812 Wainwright Street dated February 4,
1975 and 814 Wainwright Street dated September 16, 1975,
and 807 Wainwright Street dated October 24, 1974, and
809 Wainwright Street dated October 24, 1974
Due to rounding of total site value the following value
per square foot was utilized in the above mentioned
real estate appraisal reports $ 36, 35, 29, and 30
These variances were due to topography, location,
gravel street frontage versus asphalt with concrete
curbs and gutters, size, and width to depth relation-
ships
Adhering to these same factors of contributory value the
following values were assigned each respective remainder
prior to construction of Bell Avenue
5,000 sq ft ® $ 35 = $1,750 00
4,720 sq ft ® 36 11699 20
31446 sq ft 0 32 5 = 1,119 95
39232 sq ft ® .30 = 969 60
Total $51588 75
rounded to $5,600.
It should be noted that this is not an estimate of fair
market value of the property described, but rather a
summation of each remainders' contributory value to each
Mr Jim White -2- J
The details considered in arriving at these opinions of
value were shown in the above mentioned real estate
appraisal reports
Respectfully submitted,
Ames A Hensley CRA
P S In an appraisal of 813 and 823 South Locust Street
dated October 8, 1976 the contributory value of the property
located in Locust Street was estimated at $5,654 This
plus the above value equals $11,254 total value versus
$14,862 total dust compensation This approximate $3,600
deficit is more than offset by the increase in value of the
Wainwright Street property due to the construction oB Bell
Avenue