2013-350s:\Iegal\our documents\ordinances\13\thomas ed ordinance phw.doc
L I —
N
SECTION 1. The Council finds that a public use and necessity exists to widen and
expand Bonnie Brae Street to serve the citizens of the City of Denton, Texas, and that the public
welfare and convenience requires the acquisition of the Property Interests, and the City of
Denton, Texas does hereby exercise its home-rule and statutory authority to acquire by eminent
domain, (1) fee simple to the surface estate, with waiver of surface use related to the mineral
estate, to a 0.08 acre tract; and (2) a utility and slope easement, encumbering 0.03 acre; (3) a
slope easement, encumbering 0.01 acre; and (4) a temporary construction, grading and access
easement, encumbering 0.01 acre, all tracts being situated in the A. Tompkins Survey, Abstract
No. 1246, City of Denton, Denton County, Texas, as more particularly described in Exhibit "A",
attached hereto and made a part hereof by reference. The Council hereby further finds and
determines that the acquisition of the Property Interests is for a public use, to serve the public
and the citizens of the City of Denton, Texas.
SECTION 2. The Council hereby authorizes and directs the filing and prosecution of
eminent domain proceedings by the City of Denton, Texas to acquire the Property Interests.
SECTION 3. The City Council hereby finds that the Owner was the record title owner of
said Property Interests at the time of making the Initial Offer and Final Offer. Without limiting
the general authorization provided in Section 2, above, the City Council further authorizes
joinder of additional or differing owner or owners, or claimant or claimants, of the Property
Interests, if applicable, in the eminent domain proceedings, and to condemn the interests of each
such parties to acquire the Property Interests.
SECTION 4. The City Manager, or his designee, shall have the authority to do all things
necessary or appropriate to acquire the Property Interests by eminent domain, including without
limitation, the authority to expend funds related to the prosecution of such eminent domain
proceedings.
SECTION 5. The recitals provided in this Ordinance, as set forth above, are specifically
and expressly adopted by the Council as express findings by the Council.
SECTION 6. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
91
PAS Ill AND At,nowD this, the (I ay ()t` C��Ur 2 () 13
--MARK k [36'1—�Rbi(JGCI'�
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Lo-A
API)ftoVf;'f) AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
- - - - ------
4
I MAYOR
,.
EXHIBIT A - Property Interests
PAGE 1 OF 2
N
�o
O N
o �
3 Pai
Ch
2318 WILLOWWOOD ST.
ELIZA T. SHOCKLEY
INST. NO. 2005 -74299
D.R.O.C.T,
POINT OF
BEGINNING
Ga I FNO IRON POST
I'
—N89'59' 11 "L
•o
�A _.
7F 112" 1. R.
1 3 W /GAI CAP
1824 S. BONNIE BRAE OJ ^ -
JONES FAMILY TRUST 1[710 X17 31
VOL. 773, PG. 83 ' .ry -
O.R.D.C.T. fT7. -i '............ -�N
Z o 1841 S. BONNIE BRAE
LOT 1, BLOCK 1,
cn OREN & RUTH THOMAS
INST. NO. 95- 0057929
A- 0'32'27„ _ - -iFT 1/�^ I,R"
R- 6800.60 W /GAI CAP
T- 32,09'
L- 64.19'
Cb- N24 '05'39 "W
Lc- 64.19'
1900 S. BONNIE BRAE
BONNIE BRAE DENTON
INVESTMENT, LTD
LOT i BLOCK 1
M & B MEYAL ADDITION,
CAB. 0, PG, 382
P.R.O.C.T.
BASIS OF BEARING IS NORTH AMERICAN DATUM NOTE: SET 1/2" I.R. W/ GAI CAP TO
OF 1983 (NAD -83) STATE PLANE COORDINATE BE SET AT END OF CONSTRUCTION,
SYSTEM, TEXAS NORTH CENTRAL.
P18 -ROW -1
BEING A
3,453 SQ.FT. /0.08 ACRE
RIGHT -OF -WAY DEDICATION nn
SITUATED IN THE A. TOMPKINS SURVEY
ABSTRACT NO. 1246 GRAPHIC SCALE 1' -100'
Graham Assoclates Inc. DENTON COUNTY, TEXAS _
CONSULTOW ENGINEERS & PUANkRS 0 50 100 150
600 WX FLA MM '91JI% .600,.
ARUNOTOt1,. TEXO 764T'kd . 4611 640 -0538
F -1161 art eo DATE: SEPTEMBER 2011
J /Denton /P16 -ROW -1
U
Page 2 of 2
EXHIBIT A - Property Interests
PARCEL 18 -ROW -1
LEGAL DESCRIPTION
RIGHT -OF -WAY DEDICATION
BEING a 0.08 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246,
Denton County, Texas, being a portion of Lot 1, Block 1, Sweet Creek Addition, as
recorded in Cabinet M, Page 80, Plat Records, Denton County, Texas, and being
conveyed by deed to Oren and Ruth Thomas, as recorded in Instrument No. 95- 0057929,
Deed Records, Denton County, Texas, and being more particularly described by metes
and bounds as follows:
BEGINNING at a found iron post, said point being the northwest corner of said Lot 1,
Block 1, and being in the south line of a tract of land conveyed to Eliza T. Shockley as
recorded in Instrument No. 2005- 74299, Deed Records, Denton County, Texas, being a
common line;
THENCE North 89 °59'11" East, along said common line, a distance of 19.21 feet to a set
1/2 inch iron rod with GAI cap for corner, said point being in the proposed east right -of-
way line of Bonnie Brae Street (having a variable width R.O.W.);
THENCE South 00 °21'57" West, leaving said common line, and along said proposed east
right -of -way line, a distance of 175.29 feet to a set 1/2 inch iron rod with GAI cap for
corner, for the beginning of a non - tangent curve to the right having a radius of 6800.60
feet and a central angle of 0 °32'27 ", and a long chord which bears North 24 °05'39" West,
64.19 feet, said point being in the north right -of -way line of the Gulf - Colorado and Santa
Fe Railroad (having a variable width R.O.W.);
THENCE along said north right -of -way line, and along said non - tangent curve to the
right an arc distance of 64.19 feet to a point for corner, said point being in the existing
right -of -way line of Bonnie Brae Street (having a variable width R.O.W.);
THENCE North 03 °58'47" East, along said existing east right -of -way line, a distance of
116.97 feet to the POINT OF BEGINNING and CONTAINING 3,453 square feet, 0.08
acres of land, more or less.
03 -1s• Call 9-
0
EXHIBIT A - Property Interests
PAGE 1 OF 2
;
�t
y NNN
i
e
Q.
� Q N,. h9,uM1a
y W Q
s w 2315 WILLOWWOOD ST.
,�1 �^ a ELIZA T. SHOCKLEY
��q�'�° O�N � � INST. N0. 2005 -74299
NB9'59' 11 "E D.R.D.C.T.
ry oy 19.21`
�A POINT OF
BEGINNING
\ N 55 9 11
POINT
C'OMMENC G
FN0 IRON 1' eON T
1824 S. BONNIE BRAE
3C
JONES FAMILY TRUST
VOL. 773. PG. 53 a 7 � ED
D.R.D.C.T. N0,
00 M 1841 S. BONNIE BRAE
) LOT 1, BLOCK 1,
o OREN & RUTH THOMAS
INST. NO. 95- 0057929
D.R.D.C.T.
A- o *09'38" ,
R =6800.60'
T =9.53'
L =19.06'
Cb =N24 •26' 42 "W
Lc =19.06'
n
1900 S. BONNIE BRAE "
sn
BONNIE BRAE DENTON
INVESTMENT, LTD
LOT 1, BLOCK 1,
M G B METAL ADDITION.
CAB. 0, PG. 362
i
i t
BASIS NORTH
RICAN DATUM
COORDINATE P18—USE-1
EM, TEXAS NORTH CENTRAL, BEING A
SYSTEM, - I
1,472 SQ.FT. /0.03 ACRE 'n
-n
UTILITY & SLOPE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY
ABSTRACT NO. 1246
DENTON COUNTY, TEXAS GRAPHIC SCALE 1' -SOD, Wn Soo
A J
Graham Associates O 50 100 160
CONSULTING ENGINEERS & "NERS
Tom" n"W F -.1100 "r W Itn -- DATE: SEPTEMBER 2011
J /Denton /PiB -USE -1
Im
Page 2 of 2
EXHIBIT A - Property Interests
PARCEL 18 -USE -1
LEGAL DESCRIPTION
UTILITY & SLOPE EASEMENT
BEING a 0.03 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246,
Denton County, Texas, being a portion of Lot 1, Block 1, Sweet Creek Addition, as
recorded in Cabinet M, Page 80, Plat Records, Denton County, Texas, and being
conveyed by deed to Oren and Ruth Thomas, as recorded in Instrument No. 95- 0057929,
Deed Records, Denton County, Texas, and being more particularly described by metes
and bounds as follows:
COMMENCING at a found iron post, said point being the northwest corner of said Lot 1,
Block 1, and being in the south line of a tract of land conveyed to Eliza T. Shockley as
recorded in Instrument No. 2005- 74299, Deed Records, Denton County, Texas, being a
common line;
THENCE North 89 °59'11" East, along said common line, a distance of 19.21 feet to point
for the POINT OF BEGINNING, said point being in the proposed east right -of -way line
of Bonnie Brae Street (having a variable width R.O.W.);
THENCE North 89 °59'11" East, continuing along said common line, a distance of 8.00
feet to a point for corner;
THENCE South 00 °21'57" West, leaving said common line, a distance of 192.65 feet to a
point for corner, for the beginning of a non - tangent curve to the right having a radius of
6800.60 feet and a central angle of 0 009'38 ", and a long chord which bears North
24 °26'42" West, 19.06 feet, said point being in the north right -of -way line of the Gulf -
Colorado and Santa Fe Railroad (having a variable width R.O.W.);
THENCE along said north right -of -way line and along said non - tangent curve to the right
an arc distance of 19.06 feet to a point for corner, said point being in the proposed east
right -of -way line of said Bonnie Brae Street;
THENCE North 00 °21'57" East, along said proposed east right -of -way line, a distance of
175.29 feet to the POINT OF BEGINNING and CONTAINING 1,472 square feet, 0.03
acres of land, more or less.
14
EXHIBIT A - Property Interests
PAGE 1 OF 2
Cc
� I
I
1
ti
"i
d
I
n
y
°
6x91
p�, w p X mm
I '
In
" P.
A "
2315 WILLOWWOOD ST.
ELIZA T. SHOCKLEY
OyN�.. INST. NO. 2005 -74299
^ ` D. R. O. C. T.
I r
M� �i NB27 2111 E
POINT F
FND IRON 15,'T 10,0,
5
"f
� mYiM
I„
\ , 1
� 6
ry
IB24 S. BONNIE BRAE
JONES FAMILY TRUST
VOL. 773, PG. 53 6 -"� ��
D.R.D.C.T. 1841 S. BONNIE BRAE
POINT OF LOT J. BLOCK 1,
N00'21'57 "E I BEGINNING OREN 5 RUTH THOMAS
53.55' INST. NO. 95- 0057929
S89 '38'03 "E O.R.D.C.T.
10.00'
6 � \
" e
D= 0'11'58" !
R- 18008460'
..,_
�.. .w �
L-23.67' '� . --
S00'21'57 "W
Cb- N24'37'30 "W 75.00'
Lc- 23.67'
. .,.y w. 9
b.6z
IJ I •1.. �ryv '.
p I ry SS
1900 S. BONNIE BRAE
BONNIE BRAE DENTON`«r +
INVESTMENT. LTD I
LOT 1, BLOCK 1,
M 6 B METAL ADDITION, ,
CAB. D. PG. 352
w
c
A
ti
a
LB S OF BEARING IS NORTH AMERICAN DATUM
983 (NAD -83) STATE PLANE COORDINATE p 1 8 — SE — 1
EM, TEXAS NORTH CENTRAL.
BEING A
643 SQ.FT. /0.01 ACRE
SLOPE EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY Frnl
ABSTRACT NO. 1246
DENTON COUNTY, TEXAS GRAPHIC SCALE 1 - -100
Grohom Associates,inc.
0 50 100 150
CONSULTING E�NGINE� Al F�SANNERa
000 Xx MAOS StATC WO
AXUNOTOM, TEXAS 7MI = 040 -8=
T F -4faN 101336 -00 DATE: SEPTEMBER 2011
J /Denton /P1B —SE -1
Page 2 of 2
EXHIBIT A - Property Interests
PARCEL 18 -SE -1
LEGAL DESCRIPTION
SLOPE EASEMENT
BEING a 0.01 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246,
Denton County, Texas, being a portion of Lot 1, Block 1, Sweet Creek Addition, as
recorded in Cabinet M, Page 80, Plat Records, Denton County, Texas, and being
conveyed by deed to Oren and Ruth Thomas, as recorded in Instrument No. 95- 0057929,
Deed Records, Denton County, Texas, and being more particularly described by metes
and bounds as follows:
COMMENCING at a found iron post, said point being the northwest corner of said Lot 1,
Block 1, and being in the south line of a tract of land conveyed to Eliza T. Shockley as
recorded in Instrument No. 2005- 74299, Deed Records, Denton County, Texas, being a
common line;
THENCE North 89 °59'11" East, along said common line, a distance of 27.21 feet to
point;
THENCE South 00 °21'57" West, leaving said common line, a distance of 139.10 feet to a
point for the POINT OF BEGINNING;
THENCE South 89 °38'03" East, a distance of 10.00 feet to a point for corner
THENCE South 00 °21'57" West, a distance of 75.00 feet to a point for corner, for the
beginning of a non - tangent curve to the right having a radius of 6800.60 feet and a central
angle of 0 °11'58 ", and a long chord which bears North 24 °37'30" West, 23.67 feet, said
point being in the north right -of -way line of the Gulf- Colorado and Santa Fe Railroad
(having a variable width R.O.W.);
THENCE along said north right -of -way line, and along said non - tangent curve to the
right an arc distance of 23.67 feet to a point for corner;
THENCE North 00 °21'57" East, leaving said north right -of -way line, a distance of 53.55
feet to the POINT OF BEGINNING and CONTAINING 643 square feet, 0.01 acres of
land, more or less.
a
3
PAGE 1 OF 2
r
w,a`,„
1824 S' BONNIE BRAE
JONES FAMILY TRUST
VOL 773 ' PG. 63
D.R,D.C.T.
1900 S. BONNIE BRAE
BD NIE BRAE DENTON
NVESTMENT, LTD
OT 1, BLOCK 1,
M & B METAL ADDITION.
CAB. D. PG. 352
P. R. D. C.T.
r�
I
C�
EXHIBIT A - Property Interests
POINT
COMMEP
N00 '21 ' 57 "E'
56.93'
I
I I
J��ry
i
I, I
4. I
Fww I
e
V. I
I
e
1 t
TM �tq ' ^S
I
I
I
I
1
e
i
i
I
1 y
4,
d a
1 1
f u
I 9
cc
�o
N
s
�w
N
9
Oz
0
a
I
V � �
VV
�.
2315 WILLOWWOOO ST.
ELIZA T. SHOCKLEY
INST. N0. 2005 -74299
D.R.D.C.T.
N89 5 "ii "E
2T „21'
POINT OF
BEGINNING
mw.�
S00'21'57 "W
�
IV N89 NN89 '38' 03" W
I 10.00'
I
1841 S. BONNIE BRAE
LOT OREN & RUTH THOMAS
INST. NO. 95- 0057929
D.R.D.C.T.
IS NORTH
OF 1983 (NAD —B3) STATE PLANE COORDINATE P 1 8— T C E— 1
SYSTEMOFTEXASINORTH CENTRALMERICAN DATUM
BEING A
570 SQ.FT. /0.01 ACRE
TEMPORARY CONSTRUCTION EASEMENT
SITUATED IN THE A. TOMPKINS SURVEY
ABSTRACT NO. 1246
DENTON COUNTY; TEXAS GRAPHIC SCALE 1' -100'
Graham Assootafie,IrNC.
CONSULTING ENGINEERS & PLANNERS 0 50 100 150
OW Six FLAGS tOM, SUATE 500.. IMM T F—lis"pWLS 12 T DATE: SEPTEMBER 2011
Page 2 of 2
11 ,jjj,l
EXHIBIT A - Property Interests
PARCEL 18 -TCE -1
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
BEING a 0.01 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246,
Denton County, Texas, being a portion of Lot 1, Block 1, Sweet Creek Addition, as
recorded in Cabinet M, Page 80, Plat Records, Denton County, Texas, and being
conveyed by deed to Oren and Ruth Thomas, as recorded in Instrument No. 95- 0057929,
Deed Records, Denton County, Texas, and being more particularly described by metes
and bounds as follows:
COMMENCING at a found iron post, said point being the northwest corner of said Lot 1,
Block 1, and being in the south line of a tract of land conveyed to Eliza T. Shockley as
recorded in Instrument No. 2005- 74299, Deed Records, Denton County, Texas, being a
common line;
THENCE North 89 °59'11" East, along said common line, a distance of 27.21 feet to point
for the POINT OF BEGINNING;
THENCE North 89 °59'11" East, continuing along said common line, a distance of 10.00
feet to a point for corner;
THENCE South 00 °21'57" West, leaving said common line, a distance of 57.00 feet to a
point for corner;
THENCE North 89 °38'03" West, a distance of 10.00 feet to a point for corner;
THENCE North 00 °21'57" East, a distance of 56.93 feet to the POINT OF BEGINNING
and CONTAINING 570 square feet, 0.01 acres of land, more or less.
03 -1 1--'